06-18-96 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
JUNE 18, 1996 - 6:00 P.M./PUBLIC HEARING 7:00 P.M.
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. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further 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
June 18, 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 May 21, 1996
Regular Meeting of June 4, 1996
Special Meeting of June 11, 1996
6. Proclamations:
A. Code Enforcement Officers Week - June 17-21, 1996
B. Parks and Recreation Month - July 1996
7. Presentations:
A. Representative Ron Klein - 1996 Legislative Session
8. Consent Agenda: City Manager recommends approval.
A. FINAL PLAT APPROVAL/GLEASON STREET TOWNHOMES: Approve the
final plat for Gleason Street Townhomes, a proposed four unit
development consisting of a single family residence and three
fee simple townhouses. The subject property is located on the
west side of Gleason Street, south of Ocean Terrace, and
contains 0.54 acres.
B. ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT WITH FLORIDA
COMMUNITIES TRUST FOR THE SANDOWAY HOUSE: Approve Addendum I
to the Conceptual Approval Agreement with the Florida
Communities Trust for the grant award of $300,000 for the
purchase of the Sandoway House. Addendum I removes the bond
sale contingency clause.
Regular Commission Meeting
June 18, 1996
C. AGREEMENT WITH DELRAY BEACH JOINT VENTURE/JULY 4TH FIREWORKS:
Approve an agreement between the City and the Delray Beach
Joint Venture concerning sponsorship for the July 4th fireworks
for 1996 through 1999.
D. ACCEPTANCE OF EASEMENT DEED/U.S. POST OFFICE AND BOYS FARMERS
MARKET: Accept an easement deed from the U.S. Postal Service
(West Delray) for a utility easement to accommodate water and
sewer main extensions associated with the construction of The
Boys Farmers Market.
E. ACCEPTANCE OF EASEMENT DEED/NEW JERUSALEM CHURCH OF GOD IN
CHRIST: Accept an easement deed from New Jerusalem Church of
God in Christ for a 12 foot drainage easement along the north
portion of the church property to permit installation of
portions of the Roosevelt Avenue drainage improvements. The
church property is located on the south side of Lake Ida Road
and on the east side of Roosevelt Avenue.
F. TEMPORARY USE AGREEMENT WITH D. & M. SOMERVILLE/BRANDON DRIVE
SEWER LINE: Approve a Temporary Use Agreement with Dennis and
Mary Somerville for the use of their property at 4281 Brandon
Drive as a temporary staging area associated with the
construction of the Brandon Drive sewer line.
Go RIGHT OF ENTRY EASEMENT AGREEMENT WITH D. & Mo SOMERVILLE/
BRANDON DRIVE SEWER LINE: Approve a Right of Entry Easement
Agreement with Dennis and Mary Somerville for the acquisition
of a 12 foot easement within the abandoned right-of-way on the
east side of the Somerville's property at 4281 Brandon Drive,
for the purpose of constructing the Brandon Drive sewer line.
H. AGREEMENT BETWEEN THE CITY AND SOUTH TECHNICAL EDUCATION CENTER
Approve an agreement between the City and South Technical
Education Center which transfers ownership of a 1978 Emergency
One Fire Engine in exchange for $20,000 worth of in-service
training for the Fire Department.
I. SERVICE AUTHORIZATION #I/SLATTERY & ROOT ARCHITECTS: Consider
approval of Service Authorization #1 in the amount of $16,750
to Slattery & Root Architects for professional services related
to the Energy Audit for the City Hall Envelope Project, with
funding from 334-3431-519-31.30.
J. DEDUCT CHANGE ORDER #I/HOLT CONTRACTING, INC.: Approve deduct
Change Order #1 in the amount of $1,845.00 with Holt
Contracting, Inc. for the Police Department Crime Lab project.
K. RESOLUTION NO. 47-96: Approve a resolution authorizing the
City Manager to apply for funding through Palm Beach County's
1996/97 State and County Thoroughfare Beautification Grant
Program for the Interstate-95 sound barrier wall.
L. RESOLUTION NO. 48-96: Approve a resolution authorizing the
City Manager to apply for funding through Palm Beach County's
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Regular Commission Meeting
June 18, 1996
1996/97 State and County Thoroughfare Beautification Grant
Program for Lake Ida Road.
M. RESOLUTION NO. 49-96: Approve a resolution in support of
federal legislation entitled "The Shore Protection Act of
1996"
N. RESOLUTION NO. 50-96: Adopt a resolution assessing costs for
abatement action required to board up an unsafe building
located at 110 East Atlantic Avenue.
O. RESOLUTION NO. 51-96: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 22 properties
throughout the City.
P. RESOLUTION NO. 52-96 Adopt a resolution assessing costs for
abatement action required to remove abandoned vehicles on four
properties throughout the City.
Q. APPOINTMENT OF OUTSIDE COUNSEL/ELISABETH CANAVAN V. CITY:
Approve the appointment of outside counsel as recommended by
the City Attorney.
R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board during the period June 3 through June 14,
1996.
S. CONTRACT WITH HRS FOR CHILDREN'S SUBSTANCE ABUSE PROGRAM:
Approve the FY 1996/97 contract with the Florida Department of
Health and Rehabilitative Services (HRS) for grant funding in
the amount of $27,583 to be used for drug prevention services
(Excel Focus Five Program)°
T. AWARD OF BIDS AND CONTRACTS:
1. Bid award to E.C. Stokes Mechanical Contractor, Inc. for
the City's plumbing services and repairs, in the estimated
annual amount of $12,052 from various departments
operating expense budgets.
2. Bid award to Data Flow Systems, Inc. for software upgrades
to the Telemetry Systems Control and Data Acquisitions
(SCADA) system in the Utilities Maintenance Division, in
the amount of $14,219 from 442-5178-536-64.11.
3. Purchase award to Hydraulic Supply Company for the
purchase of an 18bp hydraulic unit with side adaptor kit
and accessories for use by the Environmental Services
Construction Division, in the amount of $12,209.79 from
441-5145-536-64.90o
4. Purchase award to Otto Industries, Inc. for purchase of
sanitation rollout carts via the City of Decatur, Alabama
4
Regular Commission Meeting
June 18, 1996
(Bid #96-019), at a total cost of $542,755, with funding
from 433-3711-534-52.27.
9. Regular Agenda:
A. DISCUSSION CONCERNING PHASE I OF THE CITY HALL ENVELOPE
PROJECT.
B. INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF PALM BEACH COUNTY
FOR THE SEACREST PROPERTY: Consider approval of an Interlocal
Agreement between the City and the Palm Beach County School
Board for the Seacrest property project.
C. SUBLEASE AND MANAGEMENT AGREEMENTS WITH THE FRIENDS OF SANDOWAY
HOUSE NATURE CENTER, INC.: Consider approval of the Sublease
Agreement and the Management Agreement between the City and The
Friends of Sandowa¥ House Nature Center, Inc.
D. REPORT FROM BRAHM DUBIN CONCERNING THE PALM ACTS CONTRACT.
E. FINAL PLAT/STRATFORD ATTA BOWE REPLAT: Consider approval of
the Stratford Atta Bowe Replat, which creates two lots from
three existing lots located at the southeast corner of Swinton
Avenue and N.E. 3rd Street. One of the lots will be
non-conforming as to width and requires a finding of necessity
and appropriateness.
F. SETTLEMENT/BENSON V. CITY: Consider settlement of the
referenced matter as recommended by the City Attorney.
G. SETTLEMENT/GLORIA KEISER V. CITY: Consider settlement of the
referenced matter as recommended by the City Attorney. City
Manager recommends denial.
H. CONTRACT ADDITION/LAKE IDA ROAD WATER MAIN: Consider approval
of a contract addition in the amount of $60,554.50 to the
City's interlocal agreement with Palm Beach County for the
relocation of utility mains in conjunction with the County's
widening of Lake Ida Road between Congress Avenue and N.E. 2nd
Avenue. Funding from 442-5178-536-61.85 through budget
transfer from 61.78.
I. CONTRACT ADDITION/GOLDEN EAGLE ENGINEERING CONTRACTORS, INC.:
Consider approval of a contract addition in the amount of
$64,020 and a two week time extension to Golden Eagle
Engineering Contractors, Inc., as part of the East Atlantic
Avenue improvement project, for installation of piping within
East Atlantic Avenue for future connection to a proposed
barrier island effluent reuse system. Funding from 441-5181-
536-63.90 through budget transfer from 99.01.
J. CONTRACT ADDITION (C.O. #i)/SUNSHINE PAINTING: Consider
approval of a contract addition (C.O. #1) in the amount of
$187,265.96 to Sunshine Painting for the remaining filter media
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Regular Commission Meeting
June 18, 1996
replacement at the Water Treatment Plant, with funding from
442-5178-536-61.46 through budget transfer from 61.36.
K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an
alternate member (layperson) to the Code Enforcement Board to
fill an unexpired term ending January 13, 1999. Appointment by
Commissioner Randolph.
L. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular
member to the Civil Service Board for a two year term ending
July 1, 1998. Appointment by Commissioner Egan.
M. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint
a member to the Police and Fire Board of Trustees for a two
year term ending June 30, 1998. Appointment by Commissioner
Kiselewski.
N. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL
CONVENTION: Designate a voting delegate to the 70th Annual
Convention of the Florida League of Cities to be held August
8-10, 1996, at Boca Raton.
O. RESOLUTION NO. 53-96/SCHOOL CONCURRENCY ISSUE: Consider a
resolution adopting the position of the Palm Beach County
Municipal League with regard to the School Concurrency Issue.
10. Public Hearings:
A. TRANSMITTAL HEARING/COMPREHENSIVE PLAN AMENDMENT 96-1 (QUASI-
JUDICIAL HEARING): Authorize transmittal of Comprehensive plan
Amendment 96-1 to the State Department of Community Affairs for
review. Amendment 96-1 includes:
(1) Future Land Use Map amendment from County Industrial to
City Transitional for a 4.30 acre tract of the Hardrives
property located on the east side of Congress Avenue,
approximately 1,800 feet south of Germantown Road.
(2) Future Land Use Map amendment from County Industrial to
City Transitional for a 9.00 acre tract of the Hardrives
property located on the west side of Congress Avenue,
approximately 800 feet south of Germantown Road.
(3) Future Land Use Map amendment from Redevelopment Area #4
to Medium Density Residential (5-12 du/ac) in part,
General Commercial in part, and Transitional in part, in
conjunction with the implementation of the Silver Terrace
Redevelopment Plan, located south of S.E. 10th Street,
east of Dixie Highway, west of U.S. Highway No. 1, and
north of the Delray Mall.
(4) Amendment to the text of the Future Land Use Element,
creating a high density residential land use category for
use in limited situations.
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Regular Commission Meeting
June 18, 1996
(5) Amendment to the text of the Future Land Use Element,
changing the description of the General Commercial Use
category to allow for limited light industrial uses within
the Geographic area bounded on the west by Dixie
Boulevard, on the east by North Federal Highway between
Lake Avenue (N.E. 14 Street) and the north City limits.
(6) Future Land Use Map amendment from General Commercial to
Commercial Core for 9.157 acres located east of the F.E.C.
Railroad, south of N.E. 7th Street, north of N.E. 4th
Street, and approximately one-half block east of N.E. 6th
Avenue.
(7) Future Land Use Map amendment from Medium Density
Residential (5-12 du/ac) to High Density Residential
(12-24 du/ac) for the 17.46 acre Yake property located
approximately 850 feet east of U.S. Highway No. 1, north
of Denery Lane, south of Allen Avenue, and Immediately
adjacent to the Intracoastal Waterway.
B. ORDINANCE NO. 24-96: An ordinance amending LDR Section
2.2.6(B) (2) by enacting special qualifications for Historic
Preservation Board membership pursuant to Florida Certified
Local Government Guidelines.
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. 21-96: An ordinance adopting the 1994 Standard
Building Code and amending Chapter 7, "Building Regulations",
of the Land Development Regulations to conform with its
provisions. If passed, public hearing July 9, 1996.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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CITY OF DELRAY BEACHt FLORIDA - CITY CO~9~ISSION
REGULAR MEETING - .JUNE 18~ 1996 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED AS FOLLOWS:
REVISE ITEM 8.T. 1. ON THE CONSENT AGENDA TO READ AS FOLLOWS:
T. A~RD OF BIDS AND CONTRACTS:
1. Bid award to E.C. Stokes Mechanical Contractor, Inc. as primary
contractor, and to Koenig Plumbing & Mechanical Corp. as backup
contractor, for the City's plumbing services and repairs, in the
estimated annual amount of $12,052 from various departmental
operating accounts.
ADDITION OF 9.P TO THE REGULAR AGENDA:
P. SPECIAL EVENT APPROVAL - SUMMER NIGHTS: Consider request from Joint
Venture to grant temporary use permit, provide staff support, and
waive overtime costs up to $5,000.
WHEREAS, Code Enforcement Officers provide for the
safety, health and welfare of the citizens in the community
through the enforcement of building, zoning, housing, animal
control, fire safety, environmental and other codes and
ordinances; and,
WHEREAS, Code Enforcement Officers are often not
credited for the jobs that they do in improving
neighborhoods; and
WHEREAS, every day, assisted by support and
program staff, they attempt to provide quality customer
service to the public for the betterment of the community;
and,
WHEREAS, too many times, their success stories and
ability to achieve corrective action go unnoticed, even
though code compliance has been accomplished, due to their
efforts and expertise; and,
WHEREAS, Code Enforcement Officers are dedicated,
well-trained and highly responsible individuals who take
their jobs seriously and are proud of their departments and
the local government within which they serve; and,
WHEREAS, the Florida Association of Code
Enforcement, Inc. (F.A.C.E.) has declared the third week of
June to be set aside by local governments to honor and
recognize their Code Enforcement Officers.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission,
do hereby proclaim June 17 through June 21, 1996 as
CODE ENFORCEMENT OFFICERS APPRECIATION WEEK
in the City of Delray Beach, Florida, in accordance with the
state-wide observance of the same and encourage all citizens
of the City of Delray Beach to join this Commission in
expressing appreciation for the dedication and outstanding
service provided by the individuals who serve as our Code
Enforcement Officers.
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 18th day of June, 1996.
MAYOR
JAY ALPERIN
SEAL
Date: June 12,1996 Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
X Regular ~ Special __ Workshop __ Consent
When: June 18, 1996
Description of Agenda Item:
Proclamation for Code Enforcement Officers' Week, which the Florida Association of
Code Enforcemem has delcared as the third week in June - June 17-21, 19965
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head ~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of fimds):
W~EREAS, recreation enhances the health and well-being
of people of every age, young and old, able and disabled; and,
WHEREAS, the importance of recreation must be
continually reemphasized in a technologically advanced society
such as ours; and,
W~EREAS, all citizens can enjoy self-renewal in the
out-of-doors through green spaces and facilities in parks; and,
W~EREAS, our State Parks are major attractions each
year, not only for our own citizens, but also for the millions
of visitors to Florida; and,
WHEREAS, other governmental bodies, such as the
Federal Government, cities and countries, also maintain parks
and playgrounds for the benefit of residents and visitors; and,
W~EREAS, we, as a nation, must have an awareness
of the potential value to us of leisure and recreational
activities.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission,
do hereby proclaim July, 1996, as
PARKS AND RECREATION MONTH
in Delray Beach, Florida, and urge that attention be directed to
the many ways in which park, recreation and civic groups, public
schools, private organizations, and other agencies may expand
recreation facilities and programs so every citizen will have
the opportunity to develop meaningful and satisfying leisure
activities.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be 9ffixed this 18th day of June, 1996.
MAYOR
JAY ALFERIN
SEAL
Agenda Item No.: ~J/
AGENDA REQUEST
Date: 3une 5~ 1996
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: June 18, 1996
Description of agenda item (who, what, where, how much): Kequest approval
of attached Proclamation for the Mayor's signature namin~ 3uly~ 1996 as "Parks and
Recreation Month,"
ORDINANCE/ RESOLUTION REQUIRED: YESNO~ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency wi~hiComprehensive 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:
Ac t ion: App rov ed / D i s app roved
TO: DAVID T. HARDEN, CITY MANAGER
FROM: D lt~"D~ I~/II N G I~J~Z ~D I RECTO R
DEPARTMENT OF P~NNING AND ZONING
SUBJECT: MEETING OF JUNE 18, 1996
GLEASON STREET TOWNHOMES FINAL PLAT
**CONSENT AGENDA**
The action requested of the City Commission is approval of the final plat for Gleason
Street Townhomes, a 4 unit development. The development consist of an existing
duplex to be converted to a single family residence and 3 new fee simple townhouses.
The subject property is approximately .54 acre and is located on the west side of
Gleason Street, south of Ocean Terrace.
The subject property involves a portion of Block 159 of the Town of Linton Plat. A
duplex built in 1952 exists on the eastern portion of the property. In November, 1995,
a development plan for Gleason Street Townhomes was submitted. The plan depicts
3 new two-story townhomes to the east of the existing one story duplex, individual
swimming pools, parking spaces, and associated landscaping. The site development
plan was approved by the Site Plan Review and Appearance Board (SPRAB) on
January 10, 1996.
The Planning and Zoning Board considered this item at its meeting of May 20, 1996.
The Board unanimously recommended approval on a 6-0 vote.
[] By motion, approve the final plat for Gleason Street Townhomes.
Attachments:
· Location Map
· Site Plan and Plat for Gleason Street Townhomes
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Writer's Dire~t Line: (407) 243-7091
DELRAY BEACH MEMORANDUM
lll.lm~a¢it¥ DATE: June 10, 1996
'llll City Commission
1993 FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Approval of Addendum I of the Conceptual Approval Agreement with FCT
On March 5, 1996 the City Commission approved the Conceptual Approval Agreement
with the Florida Communities Trust for the grant award of $300,000.00 for the purchase of
the Sandoway House Property. Section 1.3 provides that the grant award shall be
contingent upon the sale of the 1996A Preservation 2000 Bonds and once the sale has taken
place then the contingency shall be removed by an addendum to the agreement. Per the
attached letter from the FCT, the bonds have been sold and FCT is now requesting that the
City execute an addendum to the Conceptual Approval Agreement.
By copy of this memorandum to David Harden, City Manager, our office requests that this
Addendum I to the Conceptual Approval Agreement be placed on the June 18, 1996 City
Commission agenda. Please call if you have any questions.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Printed c,r' Recycled Paper
Flo=ida' Communities Trus
May 30, 1996
Mr. Brian Shutt
Assistant City Attorney
200 Northwest 1st Avenue
DekayBeach, Florida 33444
RE: Project #95-007-P56/Sandaway House
City of Delray Beach/Palm Beach County
Dear Mr. Shutt:
The Conceptual Approval Agreement for the above-referenced project contains a contingency
clause that makes the grant contingent until the sale of the 1996A Preservation 2000 bonds.
These bonds have now been sold.
The Florida Communities Trust (FCT) governing board authorized that the contingency clause be
· removed when the bonds were sold. The enclosed Addendum I to the project deletes the
contingency clause.
Please execute all copies and return them to FCT as soon as possible and by June 30. We will
execute all copies, retain one original for our file and return all others to you for your records. If
you have any questions, please contact me or Diane Langston at 904/922-2207 (SunCom 292-
2207).
Sincerely,
~ t ~ f r-~ ~ ? .~ ~ r"~'~l' '
Anne Peery
Executive Director
AP:mc
Enclosure: Addendum I
D~v^m-~Em' or Coz~mmrrv A~^ms · 2740 C~rr~mtv:w Dm · Taxa.tma.t~, FL 32399-2100 · 904/922-2207 · StmCou 292-2207
FCT cONTRACT #. FLORIDA COMMUNITIES TRUST
P56 AWARD # 95-007-P56
ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM I to the Conceptual Approval Agreement is entered into by and betweea
the FLORIDA COMMUNITIES TRUST CFCT"), a nonregulatory agency within the State of
Florida Department of Community Affairs, and the CITY OF DELRAY BEACH and PALM
BEACH COUNTY CFCT Recipient"), this day of ,1996.
WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets
forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the
. receipt of the FCT Preservation2000 award and the restrictions that are imposed on the Project Site
subsequent to its acquisition with the FCT Preservation 2000 award;
WHEREAS, Conceptual Approval for funding was contingent upon and until the sale of
the 1996A Preservation 2000 Bonds, scheduled to occur spring 1996;
WHEREAS, the 1996A Preservation 2000 Bonds were sold on April 24, 1996;
WHEREAS, Section I. 3. of the Conceptual Approval Agreement states that upon the sale
of the 1996A Bonds, this contingency shall be removed by an addendum to the agreement;
WHEREAS the parties hereto desire to amend the Conceptual Approval Agreement to
· remove the contingency clause;
NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows:
Section 1.3. is hereby replaced, revised and superseded by the following:
3. Conceptual Approval for funding shall be until November 8, 1996. In the
event the project has not been completed in full by November 8, 1996, the Conceptual
Approval Agreement must be extended in order that the grant will remain in effect. In
advance of the November 8, 1996, date and in sufficient time before a meeting 0fthe FCT
governing board that woUld allow approval of an extension to this Agreement before its
expiration, the FCT Recipient must request a written extension to the Conceptual Approval
Agreement for projeet continuation in compliance with RUle 9K-4.010(2)(k), F .A.C. If the
FCT Recipient does not request an extension, or if an extension is not granted to the FCT
Recipient by the FCT Governing Body, the Preservation 2000 award granted to the FCT
Recipient by the Governing Body shall terminate and all obligations hereunder shall cease.
ADDI~95-007-P56
May 24, 1996
1
'The date of execution of this addendum shall be the date that the last party signs this
addendum.
THIS ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, the CONCEPTUAL
APPROVAL AGREEMENT and its Exhibits "A", ",_. ......, ~,,,, C" embody the entire Agreement
between the parties. ~
IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM I TO
cONCEPTUAL APPROVAL AGREEMENT.
CITY OF DELRAY BEACH PALM BEACH COUNTY
'By: By:
Name: Name:
Date: Date:
Accepted as to Form and Legal Accepted as to Form and Legal
Sufficiency: Sufficiency:
Date: Date:
FLORIDA COMMUNITIES TRUST
By:
James F. Murley, Chair
Date:.
Accepted as to Form and Legal
Sufficiency: "
Ann J. Wild, Trust Counsel
Date:
ADDI\95-007-P56 --
May 24, 1996
2
[ITY JIF I]ELRRY BER[H
FA C S 1 ~ i i [ i~ 4 I~ ?, :~ ? ~:. ~ ? 55
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
1993 TO' City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Agreement Between Delray Beach Joint Venture and City. for July 4th Fireworks
The attached agreemem addresses the issue of sponsorship for the City's July 4th fireworks for
1996, 1997, 1998 and 1999. Pursuant to this agreement, the Joint Venture will be the named
sponsor for the event and will be responsible for obtaining a contractor and marketing the
fireworks display. The Joint Venture will also be responsible for obtaining sponsorships and
funds to pay for the event.
The City will agree to an annual $8,000.00 contribution subject to budget approval. The Joim
Venture will deposit with the City all sponsorship funds which the Joint Venture collects. The
City will be responsible for issuing the check to the contractor. The amount paid to the
contractor will only be equal to the $8,000.00 City comribution, plus the amount of funds which
the Joint Venture deposits.
The City is still responsible for all traffic and crowd control. Both parties will work together to
order to insure that the contractor obtains all required permits and approvals in a timely manner.
Finally, the agreement may be cancelled by either the City or Joint Venture no later than January
1 st of each year.
The Joint Venture considered this agreement at its June 13, 1996 meeting. Please call if you
have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerks' Office
Joseph Weldon, Director of Parks and Recreation
July4th.dnt
Printed on FRec'~'c/o,'I Pz~per
THIS AGREEMENT entered into this ~ day of , 1996 by and
between the CITY OF DELRAY BEACH ("City"), a Florida municipal corporation, and the
DELRAY BEACH JOINT VENTURE, hereinafter referred to as ("Joint Venture').
WITNESSETH:
WHEREAS, JOINT VENTURE and the CITY desire to ensure that a f~reworks
display is presented on the Fourth of July every year from 1996 through 1999; and
WHEREAS, JOINT VENTURE is willing to solicit bids, contract, and handle all the
marketing for the annual fireworks display; and
WHEREAS, the CITY and the JOINT VENTURE desire to assist in the promotion
and organization of the fireworks display in order to provide an annual community-wide'event
in which all individuals may participate; and
WHEREAS, the CITY shall provide the logistics and management of the event.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the CITY and the JOINT VENTURE do hereby agree as follows:
1. The JOINT VENTURE agrees to be the named sponsor for the annual
fireworks display with the CITY'S cooperation for the annual fourth of July fireworks for the
years of 1996, 1997, 1998, and 1999.
2. The fireworks display shall take place off the CITY'S public beach or at
another location mutually acceptable to the parties.
3. JOINT VENTURE agrees to be responsible for soliciting bids, contracting,
marketing, and collecting sponsorship funds to cover the cost for the fireworks for the annual
Fourth of July fireworks show. The contract for the fireworks display shall state that the
contractor has the responsibility to obtain all necessary permits and approvals from all federal,
state, and local governmental agencies that have jurisdiction over a fireworks display offshore
of the municipal beach, and any other location. The CITY and JOINT VENTURE agree to
cooperate in order to insure that the necessary permits and approvals are obtained.
4. JOINT VENTURE shall take all actions to insure that the contracted cost of the
fireworks display does not exceed the amount of funds available through sponsorships and the
CITY'S annual contribution. The JOINT VENTURE also agrees to deposit with the CITY
any funds received from sponsors in conjunction with the annual fu:eworks display.
5. CITY agrees to process and make payment to the contractor with whom the
JO/NT VENTURE contracts with in order to provide the f'u'eworks. In order to process
payment, the JOINT VENTURE shall present to the CITY an invoice stating the costs for the
fu'eworks presentation. The CITY agrees to make the payment to the contractor no later than
thirty (30) days after presentation by the JOINT VENTURE.
6. CITY agrees to provide Eight Thousand Dollars and 00/100 ($8,000.00) per
year to the JOINT VENTURE to assist in the funding of the annual fireworks display. This
amount is subject to annual budget approval by the City Commission and by the Board of the
JO/NT VENTURE.
7. Each year the CITY shall only be responsible for paying to the contractor the
Eight Thousand Dollar ($8,000.00) CITY contribution, and an amount equal to the
2
sponsorship funds which the JOINT VENTURE deposits with the CITY. The JOINT
VENTURE shall have no Obligation to make deposits, except to the extent it collects
sponsorship funds.
8. The JOINT VENTURE shall provide the CITY with a properly executed
insurance certificate obtained by the contractor no later than June 25th of each year of the
agreement which indicates that the fireworks contractor has general liability insurance in the
amount of $1,000,000.00 with the CITY and the JOINT VENTURE named as additional
insured on the policies.
9. JOINT VENTURE shall also provide the CITY with a properly executed
indemnification agreement, a copy of which is attached hereto as Exhibit "A' signed by the
fireworks contractor no later than June 25th of each year of the agreement.
10. The CITY shall provide the site of the event, crowd and traffic control, and be
responsible for the public safety and operation of the event at which the fireworks are
displayed.
11. This Agreement, included 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 herein.
12. This Agreement may be amended or modified only by written addendum or
amendment signed by the parties and authorized by their respective elected officials.
13. This Agreement shall be effective on the date executed by the City of Delray
Beach and shall remain in force until canceled by either party. Either party may cancel this
3
Agreement by providing written notice no less than six (6) months prior to the next upcoming
Fourth of July.
14. This Agreement shall be deemed to be made and shall be in accordance with the
laws of the State of Florida, which shall be controlling in any dispute that arises pursuant to
this Agreement.
15. All notice required or allowed by this Agreement shall be delivered in person or
mailed to the party at the following address:
As to CITY: City of Delray Beach
Joseph Weldon, Parks and Recreation Director
50 N.W. 1st Avenue
Delray Beach, Florida
As to JOINT VENTURE: Delray Beach Joint Venture
Marjorie Ferrer, Downtown Coordinator
64 S.E. Fifth Avenue
Delray Beach, Florida 33483
15. In the event the JOINT VENTURE shall incorporate, it shall have the right to
assign all of its rights and duties hereunder to the corporation, and the members of the JOINT
VENTURE shall have no individual liability hereunder.
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the
date first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
Alison MacGregor Harty Jay Alperin, Mayor
City Clerk
Approved as to Form:
City Attorney
4
ATTEST: Delray Beach Joint Venture
By:
Print Name:
Title:
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this ~ day of June, 1996 by
· who is personally known to me or who has produced
(type of identification) as identification,
Signature of Notary Public - State
of Florida
july4th.agt
INDE~ICATION
For and in consideration of the sum of ten dollars ($10.00) and other good and
valuable consideration the undersigned contractor agrees as follows:
The CONTRACTOR shall indemnify, defend and save harmless the Downtown
Joint Venture, the City of Delray Beach, its offcers, agents, and employees, fi.om or on
account ofany claims, damages to person or property, received or sustained by any person
or persons during or on account of any action, activity or inaction arising fi.om, connected
to or resulting fi.om the work provided for this Project; or by or inconsequent of any
negligence in connection with the same; or by use of any improper materials or by or on
account of any use of any materials or by or on account of any act or omission of the said
CONTRACTOR or his subcontractors, agent, Or servants or employees.- CONTRACTOR
agrees to defend, indemnify and save harm/ess the Downtown JOINT VENTURE, the
City, its officers, agents and employees, against any liability arising from or based up[on
the violation of any Federal, State, County or City laws, by-laws, ordinances or
regulations by the CONTRACTOR, his subcontractors, agents, servants or employees.
CONTRACTOR further agrees to defend, indemnify and save harmless the CITY, The
Downtown JOINT VENTURE, its officers, agents, or employees from dli such claims,
fees, and from any and all suits and actions of every name and description that may be
brought against the CITY, the Downto~h JOINT VENTURE or its officers, agents or
employees on account of any claims, fees, royalties, or costs for any invention or patent,-
and fi.om any and all suits and actions that may be brought against the CITY, the
Downtown JOINT VENTURE, its officers agents or employees for the infringement of
any and all patents or patent rights claimed by any person, firm, or corporation.
The indemni~cation provided above shall obligate the CONTRACTOR to defend at his
own expense or to provide for such defense, at the CITY'S or Downtown JOINT
VENTURE'S option, any and all claims or liability and all suits and actions of every name
and description that may be brought against the' CITY, the Downtown JOINT
VENTURE, its officers, agents, or employees which .may result from th[ operations and
activities under this Contract whether the work be performed by the CONTRACTOR, his
subcontractor or by anyone directly or indirectly employed by either. This inderrmification
includes all costs and fees including attorneys fees and costs at trial and appellate levels.
Dated this day of ,1996.
CONTRACTOR
BY , President
05/30/96 TI:IU 11:37 [TX/RX NO 6881]
[IT¥ DF DELRIIV BERgH
CITY ATTORNEY'S OFFICE ?? ~'~'" ~ ?'~' ~'~' ~':~"~¥ ~'~:~" ~°~'~' ~'~'~
WNmr's Direct L~: (~) 243-7~
DELRAY BEACH
,~n~, 1996
1993
TO: Ci~ Co~ission
FROM: David N. Tolces, Assistant City Attom~
SUBJECT: Water and Sewer Easement
U.S. Post Office/Boys Farmers Market
The attached Easement Deed is before you for your acceptance. The easemem is located
on the east side of Military Trail in the vicinity of the West Delray Beach Post Office
and the Boys Farmers Market. The City will be installing water and sewer main
extensions into the easemem in conjunction with the construction of the Boys Farmers
Market. Approval is recommended.
If you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Dan Beatty, City Engineer
po.dnt
TO: David Tolces
Asst. City Attorney
FROM: C. Danvers Beatty,
City Engineer
SUBJECT: WATER AND SEWER EASEMENT
U.S. POST OFFICE/BOYS FARMERS MARKET
DATE: June 11, 1996
Attached is a signed Easement Deed for water and sewer at the U.S. Post Office on
Military Trail. The Easement is being provided as a result of water and sewer main
extensions associated with the construction of The Boys Farmers Market. Please place
this item on the next available Commission meeting for approval.
CDB/gm
Att: 1
cc: File: TAC - BOYS FARMER MARKET
File: eng 1/eng 1/tac/boysfarm/memo/wseasemt.doc
Prepared by: RETURN:
John K. Walgand, P.L.S.
O'Brien, Suiter & O'Brien, Inc.
260! North Federal ilighway
Delray Beach, Florida 33483
tb.~_United. S.tates Ppstai S. er. vic~. whose address is
party of the first part, and the'CITY OF DELRAY BEACII, 100 N.V/. 1st A4~enue, '
Delray Beach, Florida 33444, municipal corporation in Palm Beaeh County, State of
Florida, part of the second part:
WlTNESSETll: That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it
in hand paid by the said part of the second part, the receipt of which is hereby
acknovdedged, does hereby ~rant, bargain, sell and release unto the party of the
second part, its successors and assigns, perpetual easement of the purpose of:
installation and maintenance of water and sanitary sewer facilities with full and
free right, Hberty and authority to enter upon and to install, operate, and
maintain such drainage facilities well under, across, through and upon, over,
under or within the following described property located in Palm Beach County,
Florida, to-wit:
(SEE ATTACIIED)
Concomitant and coextensive with this right is the further right in the
party of the second part, its successors and assigns, of ingress and egress over
and on that portion of land described above, to effect the purposes of the
easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions,
and reservations, and reservations of record. That the parties of the first part
agree to provide for release of any and all mortgages or liens encumbering this
easement. The party of the first part also agree to erect no additional building
or effect any other additional kind of construction or improvements upon the
above-described property.
It is understood that upon completion of such installation, all lands
disturbed thereby as a result of such installation or spoilage deposited thereon,
will be restored to its original condition br better without expense to the
property owner.
Part of the first part does hereby ~)~//~'~L~//~. the title to said land and
will defend the same against the lawful claims of all persons whomsoever claimed
by, through or under it, that it has good right and lawful authority to grant the
above-described easement and that the same is unencumbered. Where the context
of this Easement Deed allows or permits, the same shah include the successors or
assigns of the parties. '.
PAGE I
IN WITNESS WHEREOF, the parties to this Easen~nt Deed set their
hands and day and year first above written.
WITNESS #1: PARTY OF THE FIRST PART
WITNESS #2:
(name printed or type written)
STATE OF GEORGIA
COUNTY OF COBB
-.,~~WE ~OREGOING INSTR~ENT WAS AC~OWLEDGED., ....~E~ORE ME THIS /7~AY Or
~-7"-~ , 1995, BY ~-~.W_.-~ OF THE U. S. POSTAL
'SERVICE, WHO IS'PERSONALLY KNOWN TO ME, AND WHO DID NOT TAKE AN OATH.
MY COMMISSION EXPIRES:
MX .Commission Expires Ay. 18., 19.96
O'BRIEN, SUiTER & O'BRIEN, INC.
Surveyors
JANUARY 3, 1995
DESCRIPTION OF EASEHENT=
THAT PART OF THE NORTH ONE QUARTER (N.1/4) OF THE SOUTHWEST
QUARTER (SW.J/4) OF THE NORTHWEST QUARTER (NW.1/4) OF SECTION 13,
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALH BEACH COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS~
COHHENCE AT THE SOUTHWEST CORNER OF THE SAID NORTH ONE QUARTER
(N.1/4) OF THE SOUTHWEST QUARTER (SW.1/4) OF THE NORTHWEST
QUARTER (NW.1/4) OF SECTION 13= THENCE N.89o46'42"E., ALONG THE
SOUTH LINE OF THE SAID NORTH ONE QUARTER (N.!/4) OF THE SOUTHWEST
QUARTER (sW.1/4) OF THE NORTHWEST QUARTER (NW.1/4) OF SECTION 13,
7.52 FEET TO A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE
CENTERLtNE OF MILITARY TRAIL AND TO THE POINT OF BEGlflNING~
THENCE N.OOST'45"W., ALONG SAID PARALLEL LINE, 10.O8 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY WITH A RADIUS OF
10405..40 FEET, A CENTRAL ANGLE OF 0o49'32'' AND A CHORD BEARING
N.OO32'59"W.~ THENCE NORTHERLY ALONG THE ARC OF SAID CURVE (SAID
CURVE BEING 60.00 FEET EAST OF THE CENTERLINE OF HILITARY TRAIL),
149.92 FEET= THENCE N.89o46'J2"E., 10.00 FEET TO A POINT ON A
CURVE CONCAVE EASTERLY WITH A RADIUS OF 10395.40 FEET, A CENTRAL
ANGLE OF 0o33'04" AND A CHORD BEARING S.0o24'~5"E.~ TItENCE
SOUTHERLY, ALONG THE ARC OF SAiD CURVE, 1OO.00 FEET~ THENCE
N.sgo46'~2"E., 12.00 FEET TO A POINT ON A CURVE CONCAVE EASTERLY
WITH A RADIUS OF tO383.40 FEET, A CENTRAL ANGLE OF 0o16'25" AND A
CHORD BEARING S.OO49'32"E.~ THENCE SOUTHERLY, ALONG THE ARC OF
SAID CURVE, 49.64 FEET TO A POINT OF TANGENCY= THENCE
S.Oo57'AS"E., 10.36 FEE~ TO THE SOUTH LINE OF THE SAID NORTH ONE
QUARTER (H.1/4) OF THE SOUTHWEST QUARTER (SW.1/4) OF TtIE
NORTHWEST QUARTER (Nw.t/4) OF SECTION 13~ THENCE S.89°46'42"W.,
ALONG SAID SOUTH LINE, 22.OO FEET TO THE SAID POINT OF BEGINNING.
COHTAINtHG 2320 SQUARE FEET, HONE OR LESS.
StiEET 2 OF 2 ORDER NO. 81-106
~ O'BRIEN, ~UITER & O'BRtE~, INC.
~ORIDA CERTIfiCATE ~. i314
[lTV DF [IELR#V BERgH
CITY ATTORNEY'S OFFICE
.~ ; ..,~.~, ', I;EL~L.Vt~ 17~EACH, F!,OiHDA 33444
W~ter's D~t L~: (~) 243-7~
DELRAY BEACH
lll.~erica Ci~
DATE: June 12, 1996
t993
TO: City Comission
FROM: David N. Tolces, Assismt Ci~ Attome~
S~JECT: Acceptance of Easement from New Jerusalem Church of God in C~ist
The attached Easement Deed is before you for your acceptance. The easement is a 12
foot drainage easement which runs along the north portion of the church's property. The
church is located on the south side of Lake Ida Road and the east side of Roosevelt
Avenue. The City will install portions of the Roosevelt Avenue drainage improvements
within the easement. The City will be constructing about 2,000 feet of new drainage
system, including various cross drains, between a proposed retention area on Lake Ida
Road to the east of the church's property, and an existing drainage system on N.W. 3rd
Street. In order to connect the two drainage locations, the City will install a 24-inch
drainage line through the church's property. As part of the project, the City will also
replace various sections of existing sanitary sewer line, reconstruct the concrete
sidewalks, reconstruct approximately 1,500 feet of roadway and grade approximately
2,500 feet of swales. Acceptance of this Easement Deed is recommended.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Dan Beatty, City Engineer
Matt Rier, Chief Design Engineer
roos¢.dnt
Pr/nr~?d on F~ecyi?led Pal)er
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
THIS INDENTURE, made this day of May, 1996, between NEW
JERUSALEM CHURCH OF GOD IN CHRIST, whose address is 139 N.W. 5th Avenue,
De[ray Beach, Florida 33444, parties of the first part, and the CITY OF DELRAY BEACH,
FLORIDA, a municipal corporation in Palm Beach County, State of Florida, whose address is
100 N.W. 1st Avenue, Delray Beach, Florida 33444, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, aernss, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
See Exhibit "A' attached hereto
Concomitant and coextensive with this right is the further right in the party of the second
part, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to ,those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and ail
mortgages or liens encumbering this easement. The party of the fu'st part also may maintain
parking and landscape improvements upon the above-described property.
It is understood that upon completion of su~.ch installation, or as the result of maintenance
of the drainage improvements, all lands disturbed thereby as a result of such installation,
maintenance, or spoilage deposited thereon, that the City will be restore the lands disturbed to its
original condition or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or trader it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1: /~ P F T I ·
(name printed or typed) (name Printed or typed) I
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
199_~_, by//~y~eat'~//'' )/'g9 g] c~ , ho is ~to me/ gas produced
~r',~o ~ ~- ~3 '/]~p~ of identification)~s identification. ' /2
~ ~a S[~a~' ~"e o~ot~ Pub~S~te of Florida
2
EXHIBIT
LEGAL DESCRH'TION:
A PORTION OF THE SOUTItEAST ONE-QUARTER (SE il4) OF 'file SOUTItWEST ONE-QUAI1,TER {SW 114) OF 'rile
SOUTHWEST ONE-QUARTER (SW I/4) OF SECTION 8. TOWNSHIP 46 SOUTH. RANGE 43 EAST, WHICtl LIES SOUTtl OF TIlE
SOUTlt RIGHT-OF-WAY LINE OF LAKE IDA ROAD AND EAST OF THE EAST RIGItT-OF-WAY LINE OF ROOSEVELT AVENUE.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT TIlE NORTHWEST CORNER OF LOT 9. JEFFERSON MANOR. ACCORDING TO THE PLAT TIIEREOF
RECORDED IN PLAT BOOK 24 AT PAGE 150 OF TIlE PUBLIC i~ECORDS OF PALM BEACH COUNTY FLORIDA AND RUN ON
AN ASSUMED BEARING OF NO0°47'23"W ALONG THE EAST RIGIIT-OF-WAY LINE OF SAID ROOSEVELT AVENUE FOR A
DISTANCE OF 226.97 FEET TO A POINT CURVATURE OF A TANGENT CURVE; TltENCE NORTllERLY ALONG SAID EAST
RIGHT-OF-WAY LINE ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE EAST IIAVING A RADIUS OF
525.00 FEET AND A CENTRAL ANGLE OF 06°56'43" FOR AN ARC DIs'rANCE OF 63.64 FEET TO THE POINT OF BEGINNING:
THENCE CONTINUE NORTtiERLY ALONG SAID CURVE BEING COINCIDENT WITil TtlE EAST RIGifF,OF-WAY LINE OF
ROOSEVELT AVENUE HAVING A RADIUS OF 525.00 FEET AND A CENTRAL ANGLE OF 01°19' IT' FOR AN ARC DISTANCE OF
12. I 1 FEET; THENCE N89°I2'39"E FOR 91.83 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (SE
I/4) OF THE SOUTHWEST ONE-QUARTER (SW I/4) OF THE SOUTIIWEST ONE-QUARTER (SW 1/4) OF SECTION 8, TOWNSItIP
46 SOUTH, RANGE 43 EAST; THENCE S01°IS'I7"E ALONG SAID LINE FOR 12.00 FEET; THENCE 589°12'39"W FOR 93.54
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH PAI,M REACH COl INTY FI .OIHI~A
SKETCit TO ACCOMPANY LEGAL .ESC~~ ' "~~ ' -~f ROOSEVELT AVENUE .. DRAINAGE PROJECT
1
.~. P~m B~ch Counly
310 ~u~t Fi~t Sff~ S~te Fora
De~ny ~c~ ~ori~ 33483
Heller - Weaver and Cato, ~c. ~o~,.,7~
(407) 243~777 Fax
Engin~rs ... Sur~yo~ ... Planners (407) 7~2-2588 Pa~
(305) 979~550 Bmx~d
(:lTV DF DELRR¥ BERI:H
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ail. America City MEMORANDUM
'tlllJ June 13, 1996
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorney'~
SUBJECT: Brandon Drive Sewer Line - Agreements with Dennis and Mary
Somerville
The City is preparing to install a sewer line underneath Brandon Drive as part of the
City's overall utility improvement installation plans. Mr. and Mrs. Somerville's
property is located adjacent to abandoned right-of-way within the Winward Palms
subdivision, on the north side of Brandon Drive. A separate motion should be made for
each agreement.
Temporary Use Agreement
As part of the construction, the City needs to have the contractor install a sewer line to
connect the Chatelaine sewer line to the Brandon Drive sewer line. In order to
accomplish this, the City needs temporary access to the Somerville's property in order to
install the line with the existing utility easement. The contractor will be digging a trench
in order to install the sewer line, and requires the use of the Somerville's property to
place some equipment. As compensation to Mr. and Mrs. Somerville for the use of their
property for a construction staging area, the City will agree to pay $1,500.00. These
terms are outlined in the Temporary Use Agreement between the City and Mr. and Mrs.
Somerville.
Right of Entry Easement Agreement
After installation of the sewer line in the existing easement, the City will then need to
install a sewer line to connect the line on the north side of the Somerville property to the
line in Brandon Drive. This requires the acquisition of a 12 foot easement within the
abandoned right-of-way on the east side of the Somerville's property. Mr. and Mrs.
Somerville executed the attached Right of Entry Agreement. The City agrees to install
City Commission
June 13, 1996
Page 2
the sewer line within the easement and remm the property to an equal or better condition
that existed prior to the installation of the sewer line.
Usually the city just enters into one agreement, but in this instance, the area covered by
the Temporary Use Agreement is distinct from the easement area. Therefore, two
separate agreements are required.
Please call if you have any questions.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Dan Beatty, City Engineer
Matt Rier, Chief Design Engineer
somer- l.dnt
TEMPORARY USE AGREEMENT
FOR SEWER LINE CONSTRUCTION - BRANDON DRIVE
THIS AGREEMENT is made and entered into this __ day of , 1996,
by and between the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as CITY), and DENNIS P. SOMERVILLE and MARY
SOMERVILLE, (hereinafter referred to as OWNER).
WITNESSETH:
WHEREAS, OWNER presently owns property located in the City of Delray Beach,
Florida, and which is more particularly described as Lot 15, Block 1, Winward Palms, as
recorded in Plat Book 24, Page 239 of the Public Records of Palm Beach County, Florida; and
WHEREAS, the CITY desires to modify and improve the sewer facilities in
accordance with the plans as indicated in Exhibit "A", abutting Owner's property in Delray
Beach, Florida; and
WHEREAS, the CITY has determined that due to the sewer line construction it will be
necessary to use a portion of OWNER'S property for construction purposes on a temporary
basis until the project is completed; and
WHEREAS, the parties desire to enter into this Agreement to legally bind each other
to the terms hereof.
NOW, THEREFORE, and in consideration of the sum of One Thousand Five
Hundred and 00/100 ($1,500.00) and other good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by reference. All exhibits to this Agreement are hereby made a part
hereof.
2. Pa_vment. In consideration for the payment of One Thousand Five Hundred
and 00/100 ($1,500.00), and subject to the terms and conditions contained in the Agreement,
the OWNER shall permit the CITY, its employees, contractors, and subcontractors to enter
onto OWNER'S property for the purpose of construction and maintenance of the sewer line.
The portion of property covered by this Agreement is the easterly 30 feet of OWNER'S
property.
3. lll~tllatioJl. The CITY agrees, to perform construction activities in a generally
acceptable manner. Such construction shall be performed by CITY in a manner as to protect
the interest of the OWNER. The CITY will return all existing features on OWNER'S land,
including vegetation, to equal to or better than the condition prior to the construction of the
facilities.
4. Working Schedule. The CITY agrees to coordinate the working schedule of
this construction project with OWNER so as to minimize any impact to the OWNER.
5. Maintenance. CITY will maintain the subject sewer system in a reasonable
condition and should CITY find it necessary to conduct repair activities on the sewer system.
CITY will return all disturbed areas to equal to or better than condition prior to the action.
6. Notices. All notices, requests, demands, and other given if personally delivered
or mailed, certified mail, return receipt requested, to the following addressees to:
OWNER: Dennis and Mary Somerville
4281 Brandon Drive
Delray Beach, Florida 33445
CITY: City. Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
8. Entire A_m'eement. This Agreement constitutes the entire agreement and
understanding of the parties, and supersedes all offers, negotiations, and other agreements.
There are no representations or understandings of any kind not set forth herein. Any
amendment to said agreements must be in writing and executed by both parties.
IN WITNESS WHEREOF, the parties have accepted, made and executed this
Agreement and two (2) counterparts, each constituting an original, upon the terms and
conditions above stated on the date first set forth above.
WITNESS//2:
:
(Sigmture of Witness)
(Print or Type Name)
State of Florida
County of [Da~m ~)etzCh
The foregoing instrument was acknowledged before me this--'-/2'Qlay of---~J~,}~o__ ,
1996 by DENNIS P. SOMERVILLE. He is personally known to me or hr, r, produced
iffca~ d~(~ tak
ttyp* .... ut ident an e
an oath.
Si~ture of Notary Public~ State '
of Florida
~.,SS//1: MARY SOMERVILLE
(Siglimture o(,~_i,,tnefis)
(Print or Type Name)
WITNESS//2:
(signature of Wimesl)'
print or Type Name)
State of Florida
coup, or 3e _cA
The foregoing instrument was acknowledged before me this ]2~'day of.~/~ rte_ :
1996 by MARY SOMERVILLE. She is personally known to me o~- ha~ produced
(type or iaentiflcatimx) as idel'~tificatio,cand~J(didmo0 take
an oath.
Sigy~4u: e of otary Public - State
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Jay Alperin, Mayor
City Clerk
Approved as to Form:
City Attorney '
somease.agt
RIGHT OF ENTRY EASEMENT AGREEMENT
FOR SEWER LINE CONSTRUCTION - BRANDON DRIVE
THIS AGREEMENT is made and entered into this ~ day of , 1996,
by and between the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as CITY), and DENNIS P. SOMERVILLE and MARY
SOMERVILLE, (hereinafter referred to as OWNER).
WITNESSETH:
WHEREAS, OWNER presently owns property located in the City of Delray Beach,
Florida, and which is more particularly described on Exhibit "A"; and
WHEREAS, the CITY desires to modify and improve the sewer facilities in
accordance with the plans as indicated in Exhibit "B", abutting Owner's property in Delray
Beach, Florida; and
WHEREAS, the CITY has determined that the sewer line construction and the
acquisition of an easement for construction and maintenance purposes on OWNER'S property,
as depicted in Exhibit "C", is necessary for the maintenance of a 'sewer system within the
CITY; and
WHEREAS, the parties desire to enter into this Agreement to legally bind each other
to the terms hereof.
NOW, THEREFORE, and in consideration of the sum of One and 00/100 ($1.00) and
other good and valuable consideration, the receipt and sufficiency of which are acknowledged,
the parties hereto agree as follows:
1. R~it~s. The foregoing recitals are true and correct and are hereby
incorporated herein by reference. All exhibits to this Agreement are hereby made a part
hereof.
2. Easement Deed. In consideration for the payment of One and 00/100 ($1.00),
and subject to the terms and conditions contained in the Agreement, the OWNER will convey
upon the execution of this Agreement to CITY, an Easement Deed for OWNER'S property
herein described (see Exhibit "C"), for the purpose of construction and maintenance of the
sewer line. The Easement Deed shall allow for perpetual maintenance by the CITY, including
the right to enter upon and perform various construction tasks on the following described
property:
That portion of property indicated on Exhibit "C"
3. ~. The CITY agrees to install the subject sewer system and
appurtenances in a generally acceptable manner withia the easement dedicated by the OWNER.
Such installation will be designed by CITY in a manner as to protect the interest of the
OWNER, and the facilities installed will continue within the dedicated easement until they exit
the property. The CITY will return all existing features on OWNER'S land, including
vegetation, to equal to or better than the condition prior to the installation of the facilities.
4. Working Schedule. The CITY agrees to coordinate the working schedule of
this construction project with OWNER so as to minimize any impact to the OWNER.
5. Maintenance. CITY will maintain the subject sewer system in a reasonable
condition and should CITY find it necessary to conduct repair activities on the sewer system
within the easement, CITY will return all disturbed areas to equal to or better than condition
prior to the action.
6. Notices. All notices, requests, demands, and other given if personally delivered
or mailed, certified mail, return receipt requested, to the following addressees to:
OWNER: Dennis and Mary Somerville
4281 Brandon Drive
Delray Beach, Florida 33445
CITY: City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33~.~.~,
8. Entire A_m-eement. This Agreement, along with the Easement Deed,
constitutes the entire agreement and understanding of the parties, and supersedes all offers,
2
negotiations, and other agreements. There are no representations or understandings of any
kind not set forth herein. Any amendment to said agreements must be in writing and executed
by both parties.
IN WITNESS WHEREOF, the parties have accepted, made and executed this
Agreement and two (2) counterparts, each constituting an original, upon the terms and
conditions above stated on the date first set forth above.
(Sigrla. ture of ~m_ess)_
(Print or Type Name)
WITNESS #2:
(Signature of Witness).
(Print or Type Name)
State of Florida
oua, or
The foregoing instrument was acknowledged before me this //2 day of .~r_J~t £ ,
1996 by DEN~S P. SOMER~LE. He is persomlly ~own to me
~identif~cation) as ide~~~(~)
an oa~.
~ ~ ~ ~ ~ I Sig~re of No~ ~blic - S~te
~ ~ X CC529836 I of Florida
MARY SOMERVILLE
(Sig~.ature o~,itn?s)
(Print or Type Name)
(Signature of Wimess)
(Print or Type Name)
State of Florida
1..
/
The foregoing instrument was acknowledged before me this (t~_._ day of -~-c~--/4.~ ,
1996 by MARY SOMERVILLE. She is personally known to me o~--~t~-~a~itl~d
(typ~ of identification) a~ id~,it;~an~) take
an oath.
S~n~ture of Notary Public - State
o~lorida / ~,,tml'"~a
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Jay Alperin, Mayor
City Clerk
Approved as to Form:
City Attorney
somease.agt
4
Exhibit "A'
A parcel of land shown on the plat of W'mdward Palms, as recorded in Plat Book 24, Pa~e 239 of
the public records of Palm Beach County, Florida, described as follows:
Commence at the Northeast comer of Lot 15, of Block 1 of mid Plat of Windward Palms;
Thence East along the Easterly extension of the North line of said Lot 15, a d/stance of 30.0 feet
to a point on the centerline of the abandoned right of way of Pender Place, said centerline being
30 feet East of and parallel with the East line of'Lot 15; Thence S. 0 17' 10" E., along said
centerline, a d/stance of 135.0 feet to a point on a line on the Easterly extension of the South line
of Lot 15, said line also being the North dght of way line of Brandon Drive; Thence West along
said extension, a d/stance of 12.0 feet to a point on a line 12 feet West of and parallel with said
centerline; Thence N. 0 17' 10" W., along said parallel line, a d/stance of 135.0 feet to a point on
the Easterly extension of the North line of said Lot 15, Block 1; Thence East, along said
extension, a d/stance of 12.0 feet to the point of beginning.
Prepared by: RETURN:
David N. Tolces, Esq.
City Attomey's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
T,= ,,DE,TU,E. made th,s I:Z day of 1,9,. by and between
DENNIS P. SOMERVILLE and MARY SOMERVILLE (husband and wife}, whose
address is 4281 Brandon Drive, Delray Beach, Flodda 33445, party of the first part, and
the CITY OF DEI. RAY BEACH, 100 N.W. 1st Avenue, Delray Beach, Flodda 33444, a
municipal corporation in Palm Beach County, State of Flodda, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in
hand paid by the said party of the second part, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and release unto the party of the
second part, its successors and assigns, a dght of way and perpetual easement for the
purpose of:. installation and maintenance of public utilities with full and free dght,
liberty, and authority to enter upon and to install, operate, and maintain such utilities
well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
See Attached Exhibit "A"
Concomitant and coextensive with this right is the fudher right in the party of
the second part, its successors and assigns, of ingress and egress over and on that
portion of land described above, to effect the purposes of the easement, as expressed
hereinafter.
That this easement shall be subject only to those easements, restrictions,
and reservations of record. That the party.,of the first part agrees to provide for the
release of any and all mortgages or liens encumbering this easemenL The party of the
first part also agrees to erect no building or effect any other kind of construction or
improvements upon the above-described property.
It is understood that upon comple~tion of such installation, all lands disturbed
thereby as a result of such installation or spoilage deposited thereon, will be restored to
its original condition or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will
defend the same against the lawful claims of all persons whomsoever claimed by,
through or under It, that it has good right and lawful authority to grant the above-
described easement and that the same is unencumbered. Where the context of this
Easement Deed allows or permits, the same shall include the successors or assigns of
the parties.
IN WITNESS WHEREOF, the party to this Easement Deed sets his hand
and seal the day and year first above written.
~: ~ PARTY OF THE FIRST PART
~~.~ DENNIS P. SOMERVILLE
(name printed or typed)
(name printed or typed)
State of Florida
County of Palm Beach '":""
The foregoing instrument was acknowledged before me this /2. day of
· ~LL.m ~ ,1996 by DENNIS P. SOMERVILLE. He is personally known to me
identificafiorrand~(~) take an oath.
~lj~ g ~ ~ ! Signat li~ - State
Print, Type or Stamp Name of
Notary Public
YII ., PARTY OF THE FIRST PART
MARY SOMERVILLE
(name pdnted or typed)
W1TNESS #2: \
(name printed or typed)
2
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this .~. day of
J~ .1996 by MARY SOMERVILLE. He is personally known to me
r~l~ke an oath.
Sign~,t~m of Notary Public - State '
of Flod~_~O~[j,I r/,"J /'~/,~
Print, Type or Stamp Name of
Notary Public
EASEMENT Exh~.b:Lt: A
LOt 4, BLOCK 4 LOT $, BJ. OCK 4
PLA T No. I CHATELAINE PLA T No. I CNA TELAINE
BOOK 29, PAGES 94 AND 95 I 6' $'l BOOK 29, PAGES 94 AND 95
I
I
if.NORTH LINE OF LOT 15 12o 0r 6. UTILITY EASEMENT ~
OF LOT I5. BLOCK I ~ ~ k ~ ~ S m m
~ ~ ~ ~ r~s ~s ~or ~ su~v~
~ ~ T~ NORTH LINE OF LOT I5,
km~ ~ ~ eLOCK ~, W~WARD PALMS AS
~ ~ ~ ~ RECORDED ~ PLAT BOOK 24,
~ ~ ~ SEE SHEET 2 FOR LEGAL
EXHIBIT A
SHEET 1 OF 2
: 60.0' ',
12. ~ ~ ~o~. ....r o~ ~
.., ~_ ~ANDON D~IVE
o~ surE. · o~. wc
~RA Y ~A~t ~ ~A J348J
ORDER No. 9~-88 (407) 276-450~ (407) 732-J279
O'BRIEN, SUITER & O'BRIEN, INC.
Land Surveyors
DEtR^Y 8~^¢Jfo FrO.IDA 33482 IOYm'OH 722.327~
%.
APRIL 2, 1996
DESCRIPTION
A PARCEL OF LAND SHOWN ON THE PLAT OF WINDWARD PALHS, AS
RECORDED IN PLAT BOOK 24; PAGE 239 OF THE PUBLIC RECORDS OF PALH
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COHHENCE AT THE NORTHEAS¥ CORNER OF LOT 15, BLOCK 1 OF SAID PLAT
OF WINDWARD PALHS; THENCE EAST ALONG Tile EASTERLY EXTENSION OF
THE NORTH LINE OF SAID LOT 15, A DISTANCE OF 30.0 FEET TO A
POINT ON THE CENTERLINE OF THE ABANDONED RIGHT OF WAY OF PENDER
PLACE, SAID CENTERLINE BEING 30 FEET EAST OF AND PARALLEL WITH
Tile EAST LINE OF LOT 15J THENCE S.0o17'10"E., ALONG SAID
CENTERLINE, A DISTANCE OF 135.0 FEET TO A POINT ON A LINE ON THE
EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 15, SAID LINE ALSO
BEING THE NORTH RIGHT OF WAY LINE OF BRANDON DRIVE; THENCE WEST
ALONG SAID EXTENSION, A DISTANCE OF 12.0 FEET TO A POINT ON A
LINE 12 FEET WEST OF AND PARALLEL WITH SAID CENTERLINE; THENCE
N.0OlT'10"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 135.O FEET
TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID
LOT 15, BLOCK 1; THENCE EAST, ALONG SAID EXTENSION, A DISTANCE
OF 12.0 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,620 SQUARE FEET OR 0.0372 ACRE, HORE OR LESS.
EXHIBIT A
SHEET 2 OF 2
ORDER NO. 93-88
I:ITY OF DELRRY BEI:II:H
FIRE DEPARTMENT sERv,N LRA¥ ·
DELRAY BEACH
~ MEMORANDUM
1993
TO: DAVID T. HA~EN, CITY MANAGER
FROM: ROBERT B. ~HR, FI~ CHIEF
DATE: J~E 10, 1996
SUBJECT: AGENDA ~QUEST
I am requesting your review and approval of the enclosed Agenda Request and
Agreement between the City and South Technical Education Center. This Agreement would
transfer ownership of a 1978 Emergency One Fire Engine, to South Tech in exchange for
$20,000.00 worth of in-service training to be provided to the Fire Department.
This engine is no longer needed in the Fire Department fleet as a result of the agreement
with the Town of Highland Beach whereby they have purchased their apparatus to be operated by
City personnel.
Thank you for your attention and support in this matter. If you have any questions or
need further information, please contact me.
This agreement has been reviewed and approved by the City
Attorney.
Fire Chief
cc: Alison MacGregor Harty, City Clerk
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
407/243-7400 · SUNCOM 928-7400 · FAX 407/243-7461
Printed on Recyled Paper
Agenda Item-No.:
AGENDA REQUEST
Date: June 10. 1996
Request to be placed on:
× Regular Agenda
Special Agenda
Workshop Agenda When: June 18, t996
Description of item (who, what, where, how much): ExeCute an agreement
between the City and South Technical Education Center that exchanges a 1978
Fire Engine for training provided by South Tech.
(Example: .Request from Atlantic High School for $2,000 to fund
project graduation) .
ORDINanCE/ RESOLO~ION REQOIREn: ~/NO Draft Attached:
Recommendation: Recommend approval, no funding required.
(Example: Recommend. approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: ~
City Attorney Review/ Recommendation (if applicable): This agreement has
been reviewed and approved by the City Attorney.
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:
~pproved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
,AGREEMENT
THIS AGREEMENT made this ~ day of , 1996 by and
between the CITY OF DELRAY BEACH, municipal corporation of the State of Florida
(hereinafter referred to as "CITY") and SOUTH TECHNICAL EDUCATION CENTER
(hereina_~er referred to as "SOUTH TECH").
WITNESSETH:
WHEREAS, the City owns a 1978 Emergency One Fire Engine that it no longer has a
need for; and,
WHEREAS, the City annually sends firefighters to South Tech to receive training; and,
WHEREAS, South Tech is in need of a fire engine and offers training classes for
firefighters; and,
WHEREAS, the City desires to exchange the fire engine for training that it will receive
from South Tech.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The City shall transfer ownership to South Tech of a 1978 Emergency One Fire
Engine that was refurbished in 1991. Ownership of the fire engine shall be transferred to South
Tech within thirty 00) days of the execution of this Agreement by the City. The fire engine shall
have all of the equipment listed in Section 7-2 of NFPA 1901, Pumper Fire Apparatus, except self
contained breathing apparatus and spare cylinders. All lettering and markings bearing the City's
name will be removed.
3. The City offers no warranty or statement of condition of the equipment and South
Tech shall be accepting the equipment in "as is" condition. Upon acceptance, South Tech agrees,
to the extent allowed by law, to hold harmless and defend the City, its agents and employees
from all suits, actions and claims including attorney's fees and costs attendant to any claim,
litigation, or appeal and judgment arising out of the City's prior ownership of the fire engine.
4. South Tech shall provide a credit of $20,000.00 to the City to be used for in-
service training provided to the Delray Beach Fire Department. This credit shall be available upon
the transfer of ownership of the fire engine to South Tech.
5. No more than $5000.00 worth of the credit for in-service training may be used by
the Delray Beach Fire Department per year and the entire credit must be used within five years.
6. South Tech shall maintain an accounting record of the transactions and provide
those records to the City as requested.
7. This Agreement constitutes the entire agreement between the parties. All
representations, either oral or written, shall be deemed to be merged into this Agreement. Except
as herein otherwise provided, no subsequent alteration, waiver, change or addition to this
Agreement shall be binding upon the parties unless reduced to writing and signed by them.
IN WITNESS WItEREOF, the parties have set their hand and seals on the day and year
first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to legal form
and sufficiency:
City Attorney
WITNESSES: SOUTH TECHNICAL EDUCATION
CENTE~ . .
_~~--/ By: ( ~Z~/~c~ j /~
ames L. Raseo, Director
(Print or Type Name)
(Print or Type Name)
STATE OF Flo:cida
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this 6t:h day of
June , 1996_~ by J~mes L. Rasco , as
(name of officer or agent, title of officer or agent), of gouth Tech Fduca_t ,_' on Center
(name of corporation acknowledging), a School (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signatt~r6/of Person Taking Acknowledgment
Cyn%hia C. Weeks
Name Typed, Printed or Stamped
Title or Rank
Serial Number, if any
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ (
SERVICE AUTHORIZATION #i/SLATIIERY & ROOT ARDHITECTS
DATE: JUNE 13, 1996
This is before the Commission to consider approval of Service Authorization
$1 in the amount of $16,750.00 to Slattery & Root Architects for
professional services related to the Energy Audit for the City Hall
Envelope Project. The work will involve preparation of a feasibility study
and recommendations on the benefits of replacing the existing roof-top air
conditioning units with either a central chiller and thermal storage
system, or a central chiller only.
The service authorization includes a fixed fee of $16,250.00 plus a
not-to-exceed $500.00 allowance for reimbursable expenses. Funding is
available from the General Construction Fund - Engineering and
Architectural Services (Account $334-3431-519-31.30).
Recommend approval of Service Authorization $1 in the amount of $16,750.00
to Slattery & Root Architects.
ref: agmemol 0
Agenda Item No. ~_A-
AGENDA REQUEST
Date: June 11, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: June 18, 1996
Description of item (who, what, where, how much): Staff request city
Commission approve Service Authorization number One with Slattery and Root
Architects for the Energy Audit for the City Hall Envelope Project. The amount
for Service Authorization number One is a fixed fee of $16,250 plus a not to
exceed $500.00 for reimbursable expenses for a total of $16,750.00. Funding is
available from Account #334-3431-519-31.30.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve service
Authorization nuraber One with Slattery and Root Architects for the Energy Audit
for the City Hall Envelope Project. The amount for Service Authorization number
One is a fixed fee of $16,250 plus a not to exceed $500.00 for reimbursable
expenses for a total of $16,750.00.
Department head signature: ~?~/~,~._ ,~---- .... ~-~ .... ~,/z,'£~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:(~/NO
Funding alternative ~ (if applicable)
Account No. & Description ~-
Account Balance ~/g).7~,~
City Manager Review: '
Appr°ved f°r agenda: E~NO ff~
AgendaReceived:Placed Coordinator on Agenda: Review:
Action:
Approved/Disapproved
\esd\6560\agreq618
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, R.A~
Construction Man~ger
Date: June 11, 1996
Subject: AGENDA REQUEST 6/18/96
City Hall Envelope Project
Project No. 95-60
Attached is a request for City Commission approval of Service Authorization number One
(1) to Slattery and Root Architects, Inc., for the required Energy Audit of City Hall and
the Community Center. The purpose of this audit it to advise and confirm the advantage
for providing a Thermal Energy Storage System for the City Hall Envelope project.
The amount of Service Authorization number One is a fixed fee of $16,250.00, plus a not-
to-exceed fee of $500.00 to cover reimbursable expenses, for a total of $16,750.00.
Funding is available from Account #334-3431-519-31.30.
cc: William Greenwood
Agenda file 6/18/96
File 95-60 (A)
esd\9560~agmem618
SLATTERY & ROOT
ARCHITECTS
EXHIBIT A
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 33,~-
TITLE: CITY HALL ENVELOPE PROJECT THERMAL ENERGY
STORAGE - Project No. 95-60
This Service Authorization, when executed, shall be incorporated in and shall
become an integral part of the Contract, dated March 29, 1996
I. PROJECT DESCRIPTION
To prepare a feasibility study, with recommendations to the City of Delray
Beach, on the benefits of replacing the existing direct expansion roof top
air conditioning units, with either a central chiller and Thermal Storage
System, or a central chiller only. The feasibility study will conform to FPL
Thermal Storage Program Standards.
II. SCOPE OF SERVICES:
PHASE I:
1. Review the existing building HVAC drawings to determine what
modification would be necessary to incorporate ice storage/chilled
water systems.
2. Investigate with FPL the estimated cost of ice storage and the
potential payback including the cost of modifications discussed
above.
3. Prepare a report highlighting our findings.
1098 N.W. Boca Raton Blvd. · Boca Raton, FL 33432 · (407) 392-3720 · FAX (407) 392-1399 · Palm Beach Gardens Office (407) 775-1334
PHASE I1:
If it is determined that ice storage makes economic sense then we
will prepare an analysis and building load profile. This data would
be used by the Engineer of Record to size the ice storage
equipment necessary to serve the purposed project
III. BUDGET:
PHASE I: Based on the above scope of services for Phase I the fixed
fee for our professional services will be Five Thousand
Seven Hundred Fifty Dollars ($5,750.00).
PHASE I1: Based on the above scope of services for Phase II the fixed
fee for our professional services will be Ten Thousand
Five Hundred Dollars ($10,500.00),
We will provide technical guidance or design review to the city on an
hourly basis.
If the scope of the project or the services are changed materially, the
amount of compensation will be adjusted accordingly.
All work will be billed monthly and in proportion to services performed.
All blueprint reproduction will be billed at $1.50 per sheet. All specialty
printing (sepias, mylars, etc.) will be billed at 1.2 times our cost.
Computer plots will be provided for $10.00 per plot. The total for all
printing will not exceed Five Hundred Dollars ($500.00).
IV. PROJECT SCHEDULE:
Project Phase I shall be completed within twenty one (21) days upon
written authorization to proceed by the City of Delray Beach.
This service authorization is approved contingent upon the City's acceptance of
and satisfaction with the completion of the services rendered in the previous
phase or as encompassed by the previous service authorization. If the City in its
sole discretion is unsatisfied with the services provided in the previous phase or
service authorization, the City may terminate the contract without incurring any
further liability. The CONSULTANT may not commence work on any service
authorization approved by the City to be included as part of the contract without
a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date:
By:,
Jay Alperin, Mayor (Seal)
Witness
Witness
Attest: Attest:
Before ME, the forgoing instrument, this
Approved as to Legal day of ,199__, was
Sufficiency and Form acknowledged by.
on behalf of the Corporation and said
person executed the same free and
voluntarily for the purpose there-in
expressed.
Witness my hand and seal in the
Countyand State aforesaid
this day
of ,1996.
Notary Public
State of Florida
My Commission Expires:
delray3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~' - MEETING OF JUNE 18, 1996
DEDUCT CHANGE ORDER #l/HOLT CONTRACTING, INC.
DATE: JUNE 14, 1996
This is before the Commission to approve deduct Change Order #1
in the amount of $1,845.00 with Holt Contracting, Inc. for the
Police Department Crime Lab project. A $3,000 allowance was
provided for the project, and only $1,155 was used.
Recommend approval of deduct Change Order No. 1 with Holt
Contracting, Inc.
Agenda Item No.
AGENDA REQUEST
Date: June 13, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: June 18, 1996
Description of item (who, what, where, how much): Staff request
City Commission approve deduct Change Order number One (1), to Holt
Contracting, Inc., for the Police Department Crime Lab project in
the amount of $1,845.00. This represents a project close-out
allowance adjustment.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve deduct
Change Order number One (1), to Holt Contracting, Inc., for the
Police Department Crime Lab project in the amount of $1,845.00.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/NO ~.~l
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9602\agreq618
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, R.~~
Construction Marr, fger
Date: June 13, 1996
Subject: AGENDA REQUEST 6/18/96
Police Department Crime Lab
Project No. 96-02
Attached is an Agenda Request for City Commission approval of a deduct Change Order
in the amount $1,845.00, to Holt Contracting, Inc., for the Police Department Crime Lab
project. A $3,000.00 allowance was provided for the project and only $1,155.00 was
used.
cc: File 96-02 (A)
esdL9602~agmcm618
CITY OF DELRAX BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One (1) PROJECT NO. 96-02 DATE: June 10, 1996
PROJECT TITLE: Police Department Crime Lab
TO CONTRACTOR: Holt Contractors, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Contract adjustment - final reconciliation.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $39,589.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $39,589.00
COST OF CONSTRUCTION CHANGES THIS ORDER $-1,845.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $37,744.00
PER CENT DECREASE THIS CHANGE ORDER 4.66 %
TOTAL PER CENT DECREASE TO DATE 4.66 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO 6/20/96
date
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included
is, in my considered opinion, accurate; that the prices
quoted are fair and reasonable and in proper ratio to the
'~~ ~ost_ ompetitive°f the bidd~/~~°r~al wo~ contracted for under benefit of
CONTRACTOR ~-~'~fGNATURE (ARCHITECT)
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services 334-6111-519-62.18.
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
ENGINEER/DIRECTOR MAYOR
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
esd\9602\coone
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER i.~_
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
FROM: NANCY DAVILA, HORTICULTURIST ~
RE: RESOLUTION NO. 47-96 - 1-95 SOUND BARRIER WALL BEAUTIFICATION
DATE: JUNE 12, 1996
ITEM BEFORE THE COMMISSION
The item before the Commission is consideration of approval of Resolution
No. 47-96 which would authorize the City Manager to apply for funding
through the Palm Beach County 1996/1997 State and County Thoroughfare
Beautification Grant for the landscape improvements to the 1-95 Sound
Barrier Wall.
BACKGROUND
This would be the third year the City has applied for the grant. The first
year we received funding for West Atlantic Avenue, between the CSX Railroad
and Military Trail. Last year we applied for funding for improvements to the
West Atlantic Avenue Gateway Parks.
This grant would allow the City to request up 50% matching funds. Fifty
thousand dollars has been requested in the City's upcoming budget. If this
is approved the City could be eligible to receive an additional fifty
thousand through the grant program.
RECOMMENDATION
City Staff recommends the Commission give positive consideration to the
approval of Resolution No. 47-96 which would enable the City Manager to
apply for funding through the 1996/1997 Palm Beach County State and County
Thoroughfare Beautification Grant Program, for the purpose of receiving
additional funding for landscaping of the 1-95 Sound Barrier Wall.
RESOLUTION NO. 47-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING
THROUGH PALM BEACH COUNTY' S 1996/1997 STATE AND COUNTY
THOROUGHFARE BEAUTIFICATION GRANT PROGRAM FOR THE INTERSTATE-95
WHEREAS, the Interstate-95 sound barrier wall has recently been constructed
along the east side of 1-95 as it bisects the City of Delray Beach; and
WHEREAS, the City Commission of the City of Delray Beach, on behalf of the
citizens of Delray Beach, desires to beautify the wall through the installation of
landscaping for this gateway through Palm Beach County; and
WHEREAS, Beautiful Palm Beaches, Inc., at the direction of the Metropolitan
Planning Organization and the Palm Beach County Board of County Commissioners,
initiated a grant program known as Palm Beach County's 1996/1997 State and
~noroughfare Beautification Grant Program; and
WHEREAS, the City Commission of the City of Delray Beach desires to apply
for grant funds for the purpose of assisting in the payment of the landscape
improvement costs for the 1-95 sound barrier wall; and
WHEREAS, the City Commission wishes to authorize the City Manager or his
authorized designee to apply for the said grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida,
hereby authorizes the City Manager, or his authorized designee, to apply for funding
from Palm Beach County's 1996/1997 State and County Thoroughfare Beautification Grant
Program through Beautiful Palm Beaches, Inc. for landscape improvements to the
Interstate-95 sound barrier wall.
Section 2. That the City Clerk is hereby directed to send a copy of this
resolution to Beautiful Palm Beaches, Inc. and to all other parties as directed by
the City Commission.
PASSED AND ADOPTED in regular session on this the 18th day of June, 1996.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ./~
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
FROM: NANCY DAVILA, HORTICULTURIST 3~
RE: RESOLUTION NO. 48-96 - LAKE IDA ROAD BEAUTIFICATION
DATE: JUNE 12, 1996
ITEM BEFORE THE COMMISSION
The item before the Commission is consideration of approval of Resolution
No. 48-96 which would authorize the City Manager to apply for funding
through the Palm Beach County 1996/1997 State and County Thoroughfare
Beautification Grant for landscape improvements to Lake Ida Road.
BACKGROUND
This grant would allow the City to request up to 50% matching funds.
Approximately $130,000 is available for this project through the City's
budget. It is anticipated that the application for funding will be for
about $60,000.
RECOMMENDATION
City Staff recommends the City Commission give positive consideration to the
approval of Resolution No. 48-96 which would enable the City Manager to
apply for funding through the 1996/1997 Palm Beach County State and County
Thoroughfare Beautification Grant Program, for the purpose of receiving
additional funding for landscaping Lake Ida Road, between Swinton Avenue and
Congress Avenue.
! , I
RESOLUTION NO. 48-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING
THROUGH PALM BEACH COUNTY' S 1996/1997 STATE AND COUNTY
THOROUGHFARE BEAUTIFICATION GRANT PROGRAM FOR LAKE IDA ROAD.
WHEREAS, the segment of Lake Ida Road between Congress Avenue and Swinton
Avenue is currently under construction and is scheduled to be completed by October,
1996; and
WHEREAS, the City Commission of the City of Delray Beach, on behalf of the
citizens of Delray Beach, desires to beautify the roadway medians by installing
irrigation and landscaping once the road widening is completed; and
WHEREAS, Beautiful Palm Beaches, Inc., at the direction of the Metropolitan
Planning Organization and the Palm Beach County Board of County Commissioners,
initiated a grant program known as Palm Beach county's 1996/!997 State and
Thoroughfare Beautification Grant Program; and
WHEREAS, the City Commission of the City of Delray Beach desires to apply
for grant funds for the purpose of assisting in the payment of the landscape
improvement costs for Lake Ida Road; and
WHEREAS, the City Commission wishes to authorize the City Manager or his
authorized designee to apply for the said grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida,
hereby authorizes the City Manager, or his authorized designee, to apply for funding
from Palm Beach county's 1996/1997 State and County Thoroughfare Beautification Grant
Program through Beautiful Palm Beaches, Inc. for landscape improvements to Lake Ida
Road between Congress Avenue and Swinton Avenue.
Section 2. ~nat the City Clerk is hereby directed to send a copy of this
resolution to Beautiful Palm Beaches, Inc. and to all other parties as directed by
the City Commission.
PASSED AND ADOPTED in regular session on this the 18th day of June, 1996.
ATIEST:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIf~RS
RESOLUTION NO. 49-96 SUPPORTING THE SHORE PBDTECTION ACT OF 1996
DATE: JUNE 12, 1996
This is before the Commission to adopt Resolution No. 49-96 which supports
"The Shore Protection Act of 1996" and urges Florida's federal legislators
to join in co-sponsoring the bill and move it quickly toward passage. We
received a request to support this legislation from the Florida Shore and
Beach Preservation Association. A summary is included in the background
material.
Recommend approval of Resolution No. 49-96 in support of S. 1811 and H.R.
3551 entitled "The Shore Protection Act of 1996"
ref: agmemo9
RESOLUTION NO. 49-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IN SUPPORT OF S. 1181 AND
H.R. 3551, TITLED "THE SHORE PROTECTION ACT OF
1996"; URGING THE BILLS' QUICK PASSAGE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in early 1995, the Clinton Administration
proposed and implemented a policy which withdrew federal
financial participation in most shore protection, beach
restoration, and beach nourishment projects, including those in
Delray Beach; and
WHEREAS, also in 1995, a big majority of coastal cities
and counties in Florida adopted formal resolutions which opposed
the policy and which recommended continuance of federal
participation in shore and beach projects; and
WHEREAS, the facts and figures show that very
substantial travel, tourism, recreational, and storm protection
benefits accrue to the United States from the relatively modest
federal investments in shore protection and beach nourishment;
and
WHEREAS, state and local governments should not have to
bear the entire burden of protecting and maintaining the nation's
beach infrastructure; and
WHEREAS, during late May, 1996, "The Shore Protection
Act of 1996" was introduced in the U.S. Senate (S. 1811) and
House of Representatives (H.R. 3551) by bipartisan House and
Senate coastal coalitions; and
WHEREAS, "The Shore Protection Act of 1996" reaffirms
the federal interest in protecting the nation's shores, including
maintaining its beaches, and provides for the consideration of
the full range of local, regional, and national economic benefits
from shore protection projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: That the City of Delray Beach, Florida,
fully supports the provisions of S. 1811 and H.R. 3551, known as
"The Shore Protection Act of 1996"
Section 2: That the City of Delray Beach urges
Florida's federal legislators join in co-sponsoring the bill, and
that the bill be passed quickly into law.
Section 3: That the City Clerk is hereby directed to
furnish a copy of this Resolution to appropriate me,ers of the
U.S. Senate and House of Representatives, to the Clinton
Administration, and to the Governor of Florida.
Section 4: That this resolution shall take effect
immediately upon passage.
PASSED AND ~OPTED in regular session on this 18th day
of June, 1996.
ATTEST:
City Clerk
2 Res. No. 49-96
s%
June 3, 1996 ~'~'/~
MEMORANDUM
TO: City Managers/County Administrators
FROM: Stan .r~;, President
RE: Draft resolution in support of The Shore Protection Act of 1996
FSBPA is urging your commission to adopt a resolution in support of The Shore
Protection Act of 1996, which vas introduced recently by both houses of
Congress.
As you are probably aware, in 1995 the White House initiated a policy which
withdrew federal financial participation from most beach restoration and
renourishrnent projects. As a result, many worthwhile and necessary projects have
been put on hold indefinitely.
The Shore Protection Act of 1996 will bring the federal government back into the
process in a common-sense manner. Enactment of this legislation is critically
important to Florida.
Enclosed is a summary of the act and a sample resolution in support.
S. 1811 was introduced in the Senate by Senators Connie Mack of Florida and
Bill Bradley of New Jersey.
H.R. 3551 was introduced by Rep. Clay Shaw (R-FL) and five other
Congressmen.
Should your comn)jssion pass a resolution in support of the Shore Protection Act,
please send us a copy.
05,'22/96 . 14:10 'j~ ~-~-, FSBPA ~004/005
111e:lP~ I:&ll ................................................................................................................................................................................................
oalition .................... ~ .......... 2 ......................... ~'2 .................. ,~ ................. ,~ ................... , ....................................................................................
1667 K Street, N.W, ' Suim 480 · Wa[hin~m, D.C, 2~ · Ph: (202) ~5.1796 · F~: ¢02) ~5-0214
SUMMARY OF THE SHORE PROTECTION ACT OF 1996
1, The Administration has proposed an end to the Federal role in shore protection projects. These projects
rebuild beaches so they can provide storm pro~ection to property, much as Federally-funded flood control
projects protect property from non-coastal storm damage. Shore protection projects axe cooperative efforts
involving State and local governments, with the Federal government paying at least half of the cost of
reconstructing the beach. Only beaches with ~ufflcient public access and where the benefits exceed the cost of
the reconstruction are eligible for Federal finaacial assistance. The project must be authorized by Congress to
receive Federal funds from the budget of the Army Corps of Engineers, which also provides technical
assistance.
2. The Shore Protection Act makes it clear that one of the missions of the Army Corps is to promote shore
protection projects that encourage the protection, restoration, and enhancement of sandy beaches. Aid to
eligible projects comes in the form ofconstnwtion, which involves the design ora stabilized beach, the
placement of Sand on the beach, and the periodic renourishment of the beach. Preference is given to those
beaches where there has already been an investment of federal funds or where the beach damage has been
caused by the Federal government (such as by building and/or dredging a nearbyn,a.~ ,'~,~.*',,~,,~,~_n c,:eame.).u .. ~
3. The Corps must recommend to Congress Studies of those projects it considers appropriate, conduct such
studies as Congress authorizes, and report the results of those studies to the appropriate commltt~es of Congress.
In preparing its studies, the Corps is required to consider the estimated benefits to the local and regional
economy and ecology of proceeding with the project.
MORE
'0§/22/96. 'lA:ll 'g~ ~ FSBPA ~005/005
4. The Corps is required to coordinate other Federal activities to the region that includes the shore protection
project to assure to the extent possible that such activities are complementary to the shore protection project.
5. The Corps is required to carry out shore protection projects that have been authorized and funded by
Congress. This includes a requirement to enter into a Project Cooperation Agreement with a non-Federal (local
government) sponsor of the project which assures that the non-Federal share of the project's cost will be paid
according to the terms established by the agreement. The agreemem also specifies the "life" of the project and
ensures that Federal and non-Federal interests will cooperate in carrying out the project during its life.
6. The Corps is required to submit an annual report to the appropriate committees of Congress concerning the
storm of all.ongoing shore promotion studie~ and projects within its jurisdiction.
7. The Act also encourages the Corps to cooperate with the States in developing comprehensive State and
regional plans for the conservation of beach resources and to work with the States in the implementation of
these plans.
8. The Act also contains provisions which assure that the Secretary of the Army will exercise his authority to
reauthorize eligible shore protection projects whose "life" has expired. Further, it assures the Acts provisions
apply to projects eligible for a reimbursement of Federal funds under existing provisions of Federal law.
9. Finally, the Act assures that shore protection projects include those projects which require the replacement of
sand as well as projects which require ongoing maintenance during the life of the project.
E, I"lilil: iTl~rlgwe(~netiob by. e o m · W~hqite. URL: ~)tt.o;//www ne.~!o b by~cnrp,/l-na rlnwe i~ o a ~ta~,tm
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/[
SUBJECT: AGENDA ITEM # ~' - MEETING OF JUNE 18, 1996
RESOLUTION NO. 50-96:
DATE: JUNE 14, 1996
This is a resolution assessing costs for abatement action
required to board up an unsafe building on property at 110 East
Atlantic Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $381.39 remains unpaid.
Recommend approval of Resolution No. 50-96 assessing costs to
board up an unsafe building on property at 110 East Atlantic
Avenue.
RESOLUTION NO. 50-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 50-.96
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1996.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 50-96
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Grip Development, Inc.
c/o Jeffery J. Pardo
ADDRESS: 8323 NW.!~th .S~, Suite 210, Miami, F1 33126
PROPER~: 110 E. Atlantic Avenue, Delray Beach, F1 33444
LEGALOESCRIPTION: Lot 1,2,3, Block 77, Town of Linton and
Lots 8 and 9, Block 77, Town of Delray according to Plat Book 1, Page
~--6~-~h-~o--~'~iciai reco¢~s of Palm BeaCh County, Fi.
You, as the record owner, of, or holder of an interest in, the above described property
are hereby advised that a cost of $381.39 by resolution of the City
Commission of the City of Delray Beach, Florida, dated ....
19__, has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding ~he above
described properly. You were given notice on 4-25-96 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by tile City if you failed to act.
× You failed to appeal the decision of the Chief Building Official to the
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action requ. ired_.by
the decision of the Board of Construction Appeals within a stated period of time; You
failed to take the action as required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Constr~,ii~n Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
-4- Res. No. 50-96
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
4-17-96 at a cost of $381.39 which includes a ten
percent (10%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional administrative and recording costs
.shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk'
- ~ - Res. No. 50-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~O - MEETING OF JUNE 18, 1996
RESOLUTION NO. 51-96
DATE: JUNE 14, 1996
This is a resolution assessing costs for abatement action
required to remove nuisances on 22 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. 51-96 assessing costs for
abating nuisances on 22 properties within the City.
RESOLUTION NO. 51-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No.51-96
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. 51-96
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
OSCEOLA PARK, LOTS 5 & FRITZ & MERITE PIERRE $ 31.00
6, BLOCK 8, PB 3, P 2, 722 SE 4TH AVENUE 70.00 ADM. COST
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33483
BEACH COUNTY, FL
(722 SE 4TH AVENUE)
OSCEOLA PARK, LOTS 20 & JOSEPH C. ARISTIDLE & $ 56.00
21, BLOCK 6, PB 3, P 2, PROMESSE BIEN-AIME 70.00 ADM. COST
PUBLIC RECORDS OF PALM 319 SE 3rd AVENUE
BEACH COUNTY, FL DELRAY BEACH, FL 33483
(119 SE 6th STREET)
HIGHLAND TRAILER PARK, ACME PETROLEUM LTD. CORP. $ 89.00
LOT 5, (LESS W 35') 1800 THE GREENS WAY #207 70.00 ADM. COST
LOT 6 & W 32' OF LOT 7 JACKSONVILLE BEACH, FL
(LESS N 8' & S28.25' RD 32250-2416
R/W THEREOF), PB 24, P 213,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(4561 WEST ATLANTIC AVE)
OSCEOLA PARK, LOT 16, RAPHAEL BLANC $ 56.00
BLOCK 6, PB 3, P 2, 122 SE 5TH STREET 70.00 ADM. COST
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33483
BEACH COUNTY, FL
(122 SE 5TH STREET)
SUB. 17-46-31, S 50' OF ETHEL SCOTT ESTATE $ 56.00
E 110' OF W 135' OF S1/2 P.O. BOX 245 70.00 ADM. COST
OF N1/2 OF LOT 6, PB 1, RUSHVILLE, NY 14544-0245
P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(1119 NW 1ST STREET)
PARADISE HEIGHTS, LOTS 1 CHARLENE G. PATRICK $ 56.00
& 2, PB 24, P 113, PUBLIC P.O. BOX 99282 70.00 (ADM. COST)
RECORDS OF PALM BEACH RALEIGH, NC 27624-9282
COUNTY, FL
(NW 6TH AVENUE)
TOWN OF DELRAY, N 58' OF IVERSON LASTER $ 56.00
S 312.12' OF E 135' OF P.O. BOX 1225 70.00 (ADM. COST)
BLOCK 10, PB 1, P 3, BOYNTON BEACH, FL 33425
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(NW 6TH AVENUE)
-4- Res. No. 51-96
TOWN OF DELRAY, S 50' OF WADE DEVELOPMENT CORP.,INC $ 56.00
212' OF W 143' OF BLOCK ATTN: DARREN ZANDERS 60.00 (ADM. COST)
18, PB 18, P 1, PAGE 3, 800 N. MAGNOLIA AVENUE
PUBLIC RECORDS OF PALM # 1701
BEACH COUNTY, FL ORLANDO, FL 32803
(235 N-W 6TH AVENUE)
DELL PARK, LOTS 3 & 4, RICHARD A. COURT $ 56.00
BLOCK 8, PB 8, P 56, 1012 NE 3RD AVENUE 70.00 (ADM. COST
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
COUNTY, FL
(1012 NE 3RD AVENUE)
LAKE FOREST SOUTH, LOT PHENIX DEV. CORP. OF $ 48.00
45, BLOCK 1, PB 43, BROWARD COUNTY FLORIDA 70.00 (ADM. COST
P 152, PUBLIC RECORDS 1700 N. UNIVERSITY DR.
OF PALM BEACH COUNTY, FL CORAL SPRINGS, FL 33071-8905
(4155 NW 10TH STREET)
WEST SIDE HEIGHTS, DELRAY, HATTIE I. HARDWICK ESTATE $ 61.00
LOT 4, BLOCK C, PB 13, C/O G. QUAIL 70.00 (ADM. COST
P 61, PUBLIC RECORDS OF P.O. BOX 7043, FDR STATION
PALM BEACH COUNTY, FL NEW YORK, NY 10150-1908
(37 NW 10TH AVENUE)
ATLANTIC PARK GARDENS, DAISY M. RAY $ 51.00
DELRAY, LOT 13, BLOCK 2, P.O. BOX 74 70.00 (ADM. COST
PB 14, P 56, PUBLIC LENOX, GA 31637-0074
RECORDS OF PALM BEACH
COUNTY, FL
(17 SW 13TH AVENUE)
ATLANTIC PARK GARDENS, BERTHA PALMER $ 61.00
DELRAY, LOT 16, BLOCK 1, 35 NW 13TH AVENUE 70.00 (ADM. COST
PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(35 NW 13TH AVENUE)
TOWN OF DELRAY, LOT 3, LUCILLE H. KING $ 56.00
BLOCK 25, PB 5, P 2, c/o A. STILES, JR. 70.00 (ADM. COST
PUBLIC RECORDS OF PALM 657 EAST 102ND STREET
BEACH COUNTY, FL CLEVELAND, OH 44108-1326
(329 NW 5TH AVENUE)
ATLANTIC PARK GARDENS, HELENA SMITH $ 61.00
DELRAY, LOT 17, BLOCK 1, 10404 PIPPIN LANE 70.00 (ADM. COST
PUBLIC RECORDS OF PALM ROYAL PALM BEACH, FL
BEACH COUNTY, FL 33411-3017
(37 NW 13TH AVENUE)
- 5 - Res. No. 51-96
ATLANTIC PARK GARDENS, J. D. & EARLINE MONROE $ 51.00
DELRAY, LOT 19, BLOCK 2, 58 KENT STREET 70.00 (ADM. COST)
PB 14, P 56, PUBLIC HARTFORD, CT 06112
RECORDS OF PALM BEACH
COUNTY, FL
(39 SW 13TH AVENUE)
CARVER MEMORIAL PARK SUB., FIDELITY MFG. $ 64.00
LOT 13, BLOCK 8, PB 20, 8994 WENDY LANE WEST 70.00 (ADM. COST)
PAGE 56, PUBLIC RECORDS WEST PALM BEACH, FL
OF PALM BEACH COUNTY, FL 33411-6525
(NW 14TH AVENUE)
DENERY LANE, E 50' OF ALVIN BROCK $ 51.00
LOT 2 & W 60' OF LOT 3, 740 SOUTH LAKE AVE. 70.00 (ADM. COST)
PB 23, P 238, PUBLIC DELRAY BEACH, FL 33483
RECORDS OF PALM BEACH
COUNTY, FL
(905 DENERY LANE)
HOMEWOOD PARK REPLAT, DAVID B. HOFER $ 27.93
LOT 26, PB 29, P 13, 640 EAST DRIVE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445
BEACH COUNTY, FL
(640 EAST DRIVE)
DELL PARK, LOT 14, & ANDREA MOREIRA $ 11.93
E 1/2 OF LOT 15, BLOCK 5, 230 NE 12TH STREET 70.00 (ADM. COST)
PB 8, P 56, PUBLIC RECORDS DELRAY BEACH, FL 33444-4013
OF PALM BEACH COUNTY, FL
(230 NE 12TH STREET)
TOTTERDALE ADDITION, DIANA BARAN & $ 11.93
S 10' OF LOT 18, & LOT 19, REINHARD BARAN H/W 70.00 (ADM. COST)
BLOCK 4, PB 23, P 151, 1310 LAKE DRIVE
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(1310 LAKE DRIVE)
DELL-IDA PARK, LOT 3, IRENE LE PAGE ESTATE $ 11.93
BLOCK 3, (DEL-IDA PARK 521 NORTH SWINTON AVE. 70.00 (ADM. COST)
HISTORIC DISTRICT) P.O. BOX 2556
PB 9, P 52, PUBLIC DELRAY BEACH, FL 33447
RECORDS OF PALM BEACH
COUNTY, FL
(521 NO. SWINTON AVE.)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGTATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No. 51-96
MEMOP~kNDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/l
SUBJECT: AGENDA ITEM ~-- ~/P - MEETING OF JUNE 18, 1996
RESOLUTION NO. 52-96
DATE: JUNE 14, 1996
This item is a resolution assessing costs for abatement action
required to remove junked vehicles on four 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. 52-96 assessing costs to
remove junked vehicles on four properties within the City.
RESOLUTION NO. 52-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JI3NKED 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.
S. ection 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. 52-96
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. 52-96
i'
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
PRIEST'S ADD TO ATLANTIC LEROY & EARLINE TEMPLE $ 19.00
PARK GARDENS, N54' OF L. TEMPLE ET AL TI HLDR 15.00 (ADM COST)
S280' OF El/2 OF BLOCK 3, 226 SW 14TH AVENUE
PB 23, P 70, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(226 SW 14TH AVENUE)
OSCEOLA PARK, LOT 24, LOUIS L. SAGET & $ 19.00
BLOCK 9, PB 3, P 2, MARIE S. SAGET 15.00 (ADM COST)
PUBLIC RECORDS OF PALM & ADELINE SAGET
BEACH COUNTY, FL 824 SE 3RD AVENUE
(824 SE 3RD AVENUE) DELRAY BEACH, FL 33483
TOWN OF DELRAY, S67.1' WILLIE L. & ERMA WRIGHT $ 19.00
OF W130' OF N142.1' OF 106 NW 12TH AVENUE 15.00 (ADM COST)
S1/4 OF BLOCK 12, DELRAY BEACH, FL 33444
PB 1, P 3, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(9 & 11 NW 7TH AVENUE)
SOPHIA FREY ADD., LOT 18, BRIAN & RHONDA DE VEREAUX $ 19.00
BLOCK 3, PB 4, P 37, 920 8TH AVENUE NE 15.00 (ADM COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33483
BEACH COUNTY, FL
(920 NE 8TH AVENUE)
VIOLATION IS: SECTION 90.03 - STORING, PARKING, LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
-4- Res. No. 52-96
CITY DF DELRAY BEI:I£H
Writer's Direct Line: (407) 243-7090
Ali.America City MEMORANDUM
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney~~'--~
SUBJECT: Appointment of Outside Counsel in the Case of Elisabeth Canavan v. City
of Delra¥ Beach, et al.
This case stems from an incident that occurred in May of 1994 in which the Plaintiff
alleges civil rights violations against the City and two police officers.
After discovery commenced, it became apparent that there is a conflict requiring that
separate attorneys be retained to represent the police officers and the City.
Our office recommends that due to the conflict, that Fred Gelston of Damsel & Gelston,
P.A. be retained to represent the City. Mr. Gelston's fee is $100.00 per hour. It is also
recommended that Kent Pratt of Gaunt, Pratt, Radford & Methe, P.A. be retained to
represent the police officers. Mr. Pratt's fee is $100.00.
By copy of this memorandum to David Harden, City Manager, our office requests that
our request for appointment of outside counsel as set forth above, be placed on the City
Commission's June 18, 1996 consent agenda for approval.
DNT:smk
cc: David T. Harden, City Manager
Frank Babin, Risk Manager
Catherine Brown, Gallagher Bassett Services, Inc.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/i'~"'I
SUBJECT: AGENDA ITEM # ~' /~- - MEETING OF JUNE 18, 1996
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JUNE 14, 1996
Attached is the Report of Appealable Land Use Items for the
period June 3 through June 14, 1996. It informs the Commission
of the various land use actions taken by the designated boards
which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: ~"ASMIN ALLEN
SUBJECT: MEETING OF JUNE 18, 1996' CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JUNE 3.
1996 THRU JUNE 14. 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 June3, 1996 through June 14, 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 June 18, 1996
Page 2
PLANNING AND ZONING BOARD SPECIAL MEETING OF JUNE 10,
.'1996
Initiated on a 5 to 0 vote an amendment to the Land Development
Regulations Section 4.4.24(D) (Old School Square Historic Arts
District) to allow open-air farmers markets as a conditional use.
· The Board recommended approval (3 to 2), of the transmittal of
Comprehensive Plan Amendment 96-1. Plan Amendment 96-1
included several Future Land Use Map amendments and Text
changes to the Comprehensive Plan. The following lists the Board's
recommendations on each of those items:
1. Recommended approval (6 to 0), of the Future Land Use Map
amendment from County Industrial to City Industrial and
establishment of initial zoning of I (Industrial) for a 4.30 acre tract of
the Hardrives property, located on the east side of Congress
Avenue, approximately 1,800 feet south of Germantown Road.
2. Recommended approval (6 to 0), of the Future Land Use Map
amendment from County Industrial to City Transitional and
establishment of initial zoning of POC (Planned Office Center) for a
9.00 acre tract of the Hardrives property (aka Elmore POC),
located on the west side of Congress Avenue, approximately 800
feet south of Germantown Road.
3. Recommended approval (6 to 0), of the Future Land Use Map
amendment from Redevelopment Area #4 to Medium Density
Residential (5-12 du/ac) in part, General Commercial in part and
Transitional in part, in conjunction with the implementation of the
Silver Terrace Redevelopment Plan, located south of S.E. 10th
Street, east of Dixie Highway, west of U.S. Highway No. 1, and north
of Linton Boulevard.
· Recommended approval (6 to 0), of associated rezonings from RO
(Residential Office) and RM (Medium Density Residential) to SAD
(Special Activities District) and from MH (Mobile Home) to R-1-A
(Single Family Residential), in conjunction with the implementation
of the Silver Terrace Redevelopment Plan.
City Commission Documentation
Appealable Items Meeting of June 18, 1996
Page 3
4. Recommended approval (4 to 2), of an amendment to the Text of the
Future Land Use Element, creating a High Density Residential Land
Use category for use in limited situations.
5. Recommended approval on a 5 to 0 vote (Louis Carbone stepped
down), of an amendment to the Text of the Future Land Use Element
changing the description of the General Commercial land use
category, to allow for limited Light Industrial uses within the
geographic area bounded on the west by Dixie Boulevard, on the east
by North Federal Highway Between Lake Avenue (N.E. 14th Street)
and the north City Limits.
6. Recommended approval on a 3 to 2 vote (Carolyn Young left during
this item), of a Future Land Use Map Amendment from Medium
Density Residential (5-12 du/ac) to High Density Residential (12-24
du/ac) for the 17.46 Acre Yake property, located approximately 850
feet east of U.S. Highway No. 1, north of Denery Lane, south of Allen
Avenue, and immediately adjacent to the Intracoastal Waterway.
7. Recommended on a 5 to 0 vote that the Future Land Use Map
Amendment from General Commercial to Commercial Core for
9.157 acres, located east of the F.E.C. Railroad, south of N.E. 7th
Street, north of N.E. 4th Street, and approximately one-half block east
of N.E. 6th Avenue be continued and not be transmitted as a part of
Plan Amendment 96-1.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUNE
5. 1996
A. Approved (6 to 0), a request to change the color of a perimeter wall at
Abbey Delray North, located at the southwest corner of Lowson
Boulevard and Congress Avenue.
B. Approved (6 to 0), the architectural elevation plan to allow the addition
of a celluar communication facility to the roof of the Spanish River
Resort, located on the north side of East Atlantic Avenue, between
Seabreeze Avenue and Andrews Avenue.
City Commission Documentation
Appealable Items Meeting of June 18, 1996
Page 4
C. Approved (5 to 1), the architectural elevation plan associated with a
800 sq. ft. building addition for Langel Auto Body Repair Shop,
located on the north side of Atlantic Avenue, just west of Congress
Avenue. The associated non-impacting modification will be approved
administratively.
D. Approved with conditions (6 to 0), the landscape plan and architectural
elevation plan associated with site improvements at Marina Delray,
located at the southeast corner of George Bush Boulevard and Palm
Trail.
E. Approved with conditions on a 5 to 0 vote (Dick Sheremeta stepped
down), a minor site plan modification, landscape plan and architectural
elevation plan associated with a 5,827 sq. ft. building addition for
Ellie's Diner and Catering {aka Ellie's Deli), located on the west
side of North Federal Highway, approximately 1,000 feet south of
Gulfstream Boulevard. Concurrently, the Board granted a waiver
eliminating two interior landscape islands.
F. Approved with conditions (6 to 0), a minor site plan modification and
landscape plan for the Original House of Pancakes, located on the
west side of Federal Highway, south of Linton Boulevard. The proposal
involves the demolition of the existing restaurant and construction of a
8,584 square foot structure which includes a 4,653 sq. ft. bay for the
Original House of Pancakes and a 3,931 sq. ft. general retail bay.
Concurrently, the Board approved a request to waive the sidewalk
requirement along Federal Highway. The architectural elevations were
tabled to allow the applicant to address the provision of additional
architectural elements.
G. Approved with conditions (6 to 0), the site plan and landscape plan for
Favale Apartments involving the construction of three townhouse
type units to an existing duplex, located at the southwest corner of
Avenue L and Spanish Trail. Concurrently, the Board approved a
reduction in the right-of-way width from 60' to 50' for Avenue L and
Spanish Trail. The architectural elevation plan was tabled as the Board
felt that the proposed building lacked sufficient architectural details.
City Commission Documentation
Appealable Items Meeting of June 18, 1996
Page 5
H. Tabled ( 6 to 0), a request for minor site plan modification, landscape
plan and architectural elevation plan associated with a 13,963 sq. ft.
expansion of the body shop and a 2,785 sq. ft. free standing executive
office for Wallace Ford, located at the northwest corner of Wallace
Drive and Linton Boulevard. The Board voiced concerns that the
proposed project would further impact the employees parking
occurring in the right-of-way of Wallace Drive and requested
additional information with respect to the number of parking spaces
which would be eliminated by the proposed building additions.
I. Approved (6 to 0), the master sign program for Delray Lincoln
Mercury, located on the west side of Federal Highway, south of
Linton Boulevard.
HISTORIC PRESERVATION BOARD MEETING OF JUNE 5. 1996
X. Approved with conditions (5 to 0), a request for minor site plan
modification, landscape plan and architectural design elements
associated with the construction of a 486 sq. ft. second floor
residential addition for Ames Design Group International. The
subject site is located at the northeast corner of NE 2nd Avenue and
Dixie Boulevard.
RECOMMENDED ACTION.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF JUNE 18, 1996 ///( \ "'~'"~.................~=\ i/,,'/t ~/ / /
_~ __:~ ,_~.-~o,~, . __ ///? i~ '-: ../f//L, 1///
[
~__-- ,- .... ,~._
....... ____ _
j LO~ON BOULEVARD m
i ,~ _
I [ ' ,.._~
L-38 CANAL
Cl~ LIMITS S. P, R.A, B-: H.P.B.:
A. - ABB~ DEL~Y NORTH X. - AMES DESIGN GROUP INTERNATIONAL
B. - SPANISH RIVER RESORT
j MILE
I C. - ~NGEL AUTO BODY REPAIR SHOP
I
I
D. - MARINA DEL~Y
S~E E. - ELLIE'S DINER ~ CATERING
F. - ORIGINAL HOUSE OF PANCAKES
N G. - FAVALE APARTMENTS
H. - WAL~CE FORD
~ I. - DEL~Y LINCOLN MERCURY
CIW OF DEL~Y B~CH, FL
P~NING DEPARTMENT
-- DIGI~ ~E ~ S~EM --
Memorandum
To: David Harden, City Manager
CC: Lula Butler, Community Improvement Director
From: Dorothy Ellington
Date: June 13, 1996
Subject: Contract Approval/Children's Substance Abuse
ITEM BEFORE THE COMMISSION
This is to request approval of the Fiscal Year 1996-97 contract with the Florida
Department of Health and Rehabilitative Services (HRS). This represents a renewal of a
contract first approved by Commission in March 1995.
BACKGROUND
This will be our second full year of administering this Block Grant on behalf of the
MADDADS organization. The purpose of the grant is to provide drug prevention
services (Excel Focus Five Program) to 5th grade children living within the CDBG target
area and attending Pine Grove Elementary. The 7/1/96 - 6/30/97 grant amount totals
$27,583, a reduction over the previous year allocation by approximately 2%.
The Grant funds are used to provide golf, tennis, and music lessons, cultural field trips,
homework assistance and guest speakers as a means of preventing at risk children from
experimenting with drugs. It is a collaborative effort between HRS, MADDADS, the
City of Delray Beach, Pine Grove Elementary, and several private funding sources.
The Grant requires a 33% match which may either be in-kind or cash. The City provides
in-kind match in the form of office space. MADDADS provides a cash contribution
that exceeds the match requirements.
RECOMMENDATIONS
Staff recommends approval of this contract so that we may continue to provide this
service to the children of the CDBG target area.
Agenda Item No.: ~'~'
AGENDA REQUEST
Request to be placed on: Date: 6/14/96
Regular Agenda
Special Agenda ----
Workshop Agenda
x Consent Agenda When: 6/18/96
.Description of item (who, what, where, how much): Approval to
enter into new contract with HRS to provide services under the Children's
Substance Abuse Pro§ram. Grant amount equals $27,583 for the period beginnin§
Jul~ 1, 1996 through 3une 30, 1997. Grant amount is the only change in contract
Since City Attorney Review of March~ 1995.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55!.
Department Head Signature: ~-~~
City Attorney Review/ Recommen iOn (if pplicable):
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
Contract No. Client [~ Non-Client
Gran~ ~d
STATE OF FLO~DA
DEPARTMENT OF HEALTH AND ~BILITATI~ SER~CES
STANDA~ CONTACT
~IS COh~ is enter~ into baleen ~he S~te of~o~d~ D~pa~ment of H~Ith and Rehabili~tlve Sauces, hereinafter ~t~ ~ as the 'depa~ment",
.h~r~inafl~r r~f~ to ~ ~e "pro~d~.
~E P~TIES AGUE:
L ~ E PROVIDER AG~ES: 2. To ~:ure ~at ~ ~rd~ ~hall ~ ~ubj~t at all ~onable times
inaction. ~ew, or audit by F~e~ ~le, or o~her ~onnel duly
~ ~o p~d~ ~ in a~danc~ ~ the ~nditlons s~ifi~ autho~ by ~e d~pa~nt
in A~chm~nt I. ~. To pro~d~ a financial and ~mpl~ance audit to th~ depa~ment
B. Req~emen~ of Secfion 287.058, FS s~cifi~ in A~chmentII and ~o ensure that all reln~
To provide uni~ of deliverables, including re~, findings, and dra~ as tran~cfions are disclos~ to the auditor.
specified in A~chment I, to be rece~v~ and accept~ by ~e contract
manager p6or Io payment. To comply ~th ~he c6te~a and final date by 4. To include these aforemenfion~ audit and record keeping
which such c6te6a must be met for completion of this contract as requirements in all approv~ su~on~racts and
specified in Section III, Paragraph ~ ofthls contact. To submit bills for
fees or olher compen~t~on for s~]ces or ex~ns~s in su~c]ent de=il for 5. To re.in all client records, financial re~rds, suppling document,
= proper pre-audi~ and ~st-audlt thereof. ~=r= applicable, to submit s=fisti~l r~ords, and any other d~umen~ (including electronic
bills for any trayel expenses in accordance with section 112.061, FS. The . storage m~ia) p=~inent to this contract for a pe6~ of five (5) y~
dcpa~ment may, if specifi~ in A~chment I, es=bllsh rates lower than after t=rminntion of the cont~c~ or if an audit has been initiated and
the m~mum provided in section 112,061, FS. To allow public access to audit findings have not ~en resoled at thc end of five (5) years,
all documents, papers, le~crs, or other marshals sublet to the pro~slons records shall be resined until resolution of the audit findings or any
of Chapter 119, FS, and m~de or received by thc provider in conjunction litigation which may be b~s~ on ~e te~s ofthis cont~ct.
with this contract, h is expressly understood that the provldcr's refusal to
comply x~th this provision shall cons6tut= an immediate breach of 6. Persons duly authored by the depa~m~nt and federal auditors,
contract, pursuant to 45 CF~ Paa 92.36(iX10), shall h=~ full access to and
the Hght to =mmine any of pro~der's contract and relat~ r~ords
and d~umen~ at all r~onable times for as long as records are
G Govc~ ~w rc~in~.
1. State ofFIoHda ~w ~. U~n compl~tion or te~[nation of the contract and at the r~uest
~s contract is executed and entet~ into in the State of Flotd~ and the depa~men~ *he p~vlder ~I1 coopernte with the depa~men~
shall ~ consl~ed, ~o~ed. and enforced in all respec~ in facilitate the dupli~tion and transfer of any ~id r~cords or
accordance with the laws, ~les, and regulations of the Smt~ of~oHda. ~umen~ during the r~ulr~ rei~ntion period as specified
~ch pa~ shall peffo~ i~ obllgatons herein in accordanc~ with the paragraph D.5. above.
te~s and conditions of the contact.
2. Federal~w E. Mo~tor~[
a.lfthis contract contains federal funds, the provider shall comply with To ~it ~r~ons duly autho~ by lhe depa~ment to in~pect nay
the provisions of 45 G~ Pan 74, an~or 45 C~ Pan 92, and other taco,s, pa~. d~umen~, facilities, an~or g~ds and sauces of the
applicable regulations as speciE~ in A~chment I. p~der which am relevant to this ~ntmc~ an~or inte~ew any clien~
and employees of the provider to be assur~ of ~tlsfacto~ perfo~ance
b. lf this contract contains federal ~nds and is over $100,000, the of ibc le~s and conditions of this contract. FoIIo~ng ~uch evaluation
provider shall comply %~th all applicable standards, order, or the depaament will deliver to the pro,der a repoa of i~ findings and
regulations issued under Section 306 of the Clean ~r Ac~ as amend~ r~ommendat~ons ~th regard to the provider's ~ffo~ance
contract te~s and conditions. ~e pro,der ~11 recti~ all noted
(42 U.S.C. lg57(h) et seq.), Section 50g of the Clan Water Ac~ m dcficicnclcs identified by ~e dcpa~ment ~thin the specifi~ ~d~ of
amend~ (33 U.S.G. 1368 et s~.), Ex~utive Order 11738, ~nd tim~ set fo~h in the re~mmendafions. ~e pro~d~r's failure to co~t
En~ronmenml Protection ~ency regulations (40 C~ Pan 15). ~e
pro,der shall reda any ~olations of the a~ve to the de~ment, not~ defici~cles may, at ~e exclusive discretion of the depa~men~
~sult in the ~thholding of pa~en~, the pro,der ~ing deem~ in
c. lf this contract con,ins &de~l funding in excess of $100,000, the brach or defaul~ or the te~ination ofthls ~n~ract.
provider mus~ prior to contract execution, complete the ~tlon
Regarding ~bb~ng fo~. A~chment ~/~ . If a Disclosure of K Inde~ficnfion ..
~bbylng Activities fo~, Smnd~rd Fo~ LLL, is require, it may ~ S~tion I.F. is not appfi~ble to ~nt~c~ ex~ut~ be~n state agencies
obmin~ ~om the ~ntract manager. ~1 disclosure fo~s m r~uir~ or su~i~slons, ~ defin~ in s~tion 96g.2g, FS. ~e provider shall
by the Ce~ifi~tion Regarding ~bbying fo~ must ~ complet~ and liable for and shall indemnJ~, defend, and hold ha~less the depa~ment
remm~ to the contract manager, and all of im office~, agent, and employes ~om all claims, suit,
judgment, or damages. ~ns~uentJal or othe~se and including
D. Audi~, Records, and Records Re[en~on n~omeys' fees ~nd ~s~, adsing ou~ of any ac~ actions, neglecL or
omissions by the pro,der, J~ agent, or employes dudng the
1. To es~blish and maintain ~ks, r~ords, and documen~ (including ~o~ance or o~e~tion or,his 'contract or any subsequent
electronic storage media) in accordance with generally accept~ ther~g whether d~rect or indirecL and whether to any person or tangible
accounting procedures and practices which su~cJently and properly
reflect all revenues ~nd expenditures of funds provided by the or intangible pro~ except that the provider will not be liable for
depa~ment under this contract damages atsing out of Jnju~ or damage to persons or prope~ directly
~us~ or resulting ~om the sole negligence of the depa~ment or any
i~ offi~, agent, or employes.
, CONTRACT #
,J. Return of Fmsds
The provider's obligation to indemnify, defend, and pay for the defense, To t~turu to the department &ny overpayments due to uncaged funds or
or at the department's option, to participate and associate with the funds disallowed pursuant to the terms of this contract that were
department in the defense and trial of any damage, claim, or suit and any disbursed to the provider by the department. The provider shall return
related settlement negotiations, shall be triggered by the department's any overpayment to the deparlment within 40 calendar days after either
notice of claim for indemnification to provider. The provider's inability to discovery by the provider, or notification by the department, of the
evaluate liability or its evaluation of liability shall not excuse the overpayment. In the event that the provider or its independent auditor
provider's duty to defend and indemnify within seven (?) days after such discovers an overpayment has been made, the provider shall r~pay said
notice by the department is given by reglstcred mail. Only adjudication overpayment within 40 calendar days without prior notlfic~tion fi'om the
or judgment after highest appeal is exhausted spacifically finding the department. In the event that the department first discovers an
deparlment solely negllgcnt shall excuse performance ofthls provision by overpayment has been made, the department will notify the provider by
provider. The provider shall pay all 'costs and fees related to this letter of such a finding. Should repayment not be made in a timely
obligation and its enforeement by the department. The department's manner, the department will charge interest of one (1) percent per month
failure to notify the provider ora claim shall not rclcase the provider of compounded on the outstanding balance after 40 calendar days after the
the above duty to defend, date ofnotlficatlon or discovery.
l~surance IC Incident Reporting
To provide ~,lequate liability insurance coverage on a comprehensive I. Client Risk Prevention
basis and to hold such liability insurance at all times during the existence If services to clients will be provided under this contract, the provider
of this contract. Upon eXecution of this contract, unless it is a state and any subcontractors shall, in accordance with the client risk
agency or subdivision as defined by s. 768.28, FS, the provider accepts prevention system, report those reportable situations listed in HRSR
full responsibility for identlfb4ng and determining the type(S) and extent 215-6 Paragraph 5, in the manner prescribed in HRSR 215-6 or district
ofllability insurance necessary to provide reasonable financial protections operating procedures.
for the provider and the cllcnts to be served under this contract. Upon the
execution of this contract, thc provider shall furulsh the department :2. Abuse, Neglect, and Exploitation Reporting
written verification supporting both the determlnalion and existence of In compliance with Chapter 415, FS, an employee of the provider who
such insurance coverage. Such coverage may be provided by a self- knows or has reasonable cause to suspect that a child, aged person, or
insurance program established and operating under the laws of the State disabled adult is or has been abused, neglected, or exploited shall
of Florida. The department reserves the right to re, quire additional immediately report such 'knowledge or suspicion to the central abuse
insurance as specified in Attachment I where appropriate, registry and tracking system of the department on the single state',vide
toll-free telephone number
Safeguarding Information
Not to use or disclose any information concerning a recipient of services L Transportation Disadvantaged
under this contract for any purpose not in conformity with state If clients are to be transported under this contract, the provider will
regulations and federal regulations (45 CFR, Part 205.50), except upon comply with the provisions of Chapter 4:27, FS, and Rule Chapter 41-2,
writlen consent of the recipient, or his responsible parent or guardian FAC. The provider shall submit to the department the reports required
when authorizedbylaw, pursuant to Volume 10, Chapter :27, HRS Accounting Procedures
Manual.
Asslgrm~ents and Subcontracts
I. To neither assign the responsibility of this contract to another party nor M. Purchasing
subcontract for any of the work contemplated under this contract 1. PRIDE
without prior writlen approval of the department which shall not be It is agreed that any articles which are the subject o£ or are required
unreasonably withheld. Any subllcense, assignment, or transfer
carry out this contract shall be purchased from Prison Rehabilitative
otherwise occurring shall be null and void. The State of Florida shall at Industries and Diversified Enterprises, Inc. (PRIDE) identified under
all times be entitled to assign or transfer its rights, duties, or obligations Chapter 946, FS, in the same manner and under the procedures set
under this contract to another governmental agency in the State of forlh in subsections 946.515(2) and (4), FS. For purposes of this
Florida, upon giving prior written notice to the provider. In the evenl contract, the provider shall be deemed to be substituted for the
the State of Florida approves transfer of the provider's obligations, the department insofar as dealings with PRIDE. This clause is not
provider remains responsible for all work performed and all expenses applicable to subcontractors unless otherwise required by law. An
incurred in connection with the contract. In addition, this contract shall abbreviated llst of products/services available from PRIDE may be
bind the successors, assigns, and legal representatlves of the provider obtained by contacting PRIDE, (904) 487-3774.
and of any legal entity that succeeds to the obligations of the State of
Florida. 2. Procurement of hfaterial.s ~'ith Recycled Content
2. The provider shall be responsible for all work performed and all It is expressly undcrstoocl and agreed that any products or materials
which are the subject of, or are required to car~' out this contract shall
expenses incurred with the project. The provider may subcontract as be procured in accordance with the provisions of sections
necessary to perform the services set forth in this contract, including and 28'/.045, FS.
entering into subcontracts with vendors for services and commodities,
PROVIDED THAT it is understood by the provider that thc N. C'ivil Rights Requirements
department shall not be liable to the subcontractor for any expenses or Note: N.I. applies only to providers with fifteen (15) or more croploy~s.
liabilities incurred under the subcontract and the provider shall be N.2. applies only to providers providing direct services to clients and if
solely liable to the subcontractor for all expenses and liabilities incurred fifteen (15) or more individuals are employed.
under the subcontract.
l. The provider will not discriminate against any employee in the
3. Unless otherwise stated in the contract between the provider and performance ofthlscontract, or agalnst any applicant for employment,
subcontractor, payments made by the provider to the subcontractor because of age, race, cr~ed, color, disability, natlonal origin, or sex.
must be within seven (?) working days after receipt of full or partial Thc. provider further assures that all contractors, subcontractors,
payments from the department in accordance with s~ction 287.0585, subgrantees, or others with whom it arranges to' provide serve, cas or
FS. Failure to pay within seven (7) working days will result in a benefits to participants or employees in connection with any of its
penalty charged against the provider and paid to the subcontractor in programs and activities are not discriminating against those
the amount of one-half of one (I) percen! of the amount due per day participants or employees because of age, race, creed, color, disability,
from the expiration of the period allowed herein for payment. Such national origin, or sex.
penalty shall be in addition to actual payments owed and shall not
exceed fifteen (15) percent of the outstanding balnnce due.
:2. C'ompllanc¢ Questionnaire
In accordance with HRSM 220-:2, the provider agrees to complete the
Civil Rights Compliance Questlonnair¢, HRS Forms 946 A and B, if
2
5t1,~V6 CONTRACT #
services are directly provided to clients and if 15 or more individuals thc provider. The provider has no liability when such claim is solely
,are employed, and exclusiwly duc to thc Department of State's altcratlon of the
article. Thc State of Florida will provldc prompt written notification of
O. Independent Capacity otr the Contractor claim of copyright or patent infringement. Further. if such claim is
The provider, its officers, agents, and employees, in performance of this made or is pending, thc provider may, at its option and expense.
contract, shall act in Ibc capacity of an independent contractor and not as procure for the Department of State, the right to continue us~ o[
an officer, employee, or agent of the State of Florida. The provider is replace, or modify the article to render it non-infringing. If the
responsible for Social Security and Income Tax withholdings. The provider uses any design, device, or materials covered by letters,
provider is not entitled to state retirement or state leave benefils except patent, or copyright, it is mulually agreed and understood without
where the provider is a state sgency. Unless justified by the provider and exception that the bid prices shall include all royalties or cost arising
agreed to by the department in Attachment I, the department will not fi.om the use of such design, device, or materials in any way involved
furnish ser~ccs of support (c.g., office space, office supplies, telephone in the work..
service, secretarial, or clerical support). The provider agrees to take such
actions as may be necessary to ensure that each subcontractor of the II. THE DEPARTMENT AGREES:
provider will be deemed to be an independent contractor and will not be
considered or permitted to be an agent, servant, joint venturer, or partner A. Contract Amount
of the State of Florida. To pay for contracted services accordingto the conditions of Attachment I
in an amount not to exceed $ .2'7 s .583. O0 , subject to the
P. Sponsorship availability of funds. The State of Florida's performance and obligation to
As required by section 28/5.25, FS, if the provider is a nongovernmental pay under this contract is contingent upon an annual appropriation by the
organization which sponsors a program financexi wholly or in part by Legislature. The costs ofservlces paid under any other contract or from
state funds, including any funds obtained through this contract, it shall, in any other source am not eligible for reimbursement under this contract.
publicizing, advertising, or describing the sponsorship of the program,
state: '"Sponsored by (provldcr's name) and the State of Florida, B. Contract Payment
Department of Health and Rehabilitative Ser,'ices." If the sponsorship Pursuant to section 215.422, FS, the department has five (5) working
reference is in writxen material, thc words "State of Florida, Department days to inspect and approve goods and services, unless the bid
of Health and Rehabilitative Services" shall appear in the same size letters specifications, Purchase Order, or this contract specifies othcrwlse. With
or type as the name of the organization, the exception of payments to health care providers for hospital, medical,
or other health care services, if payment is not available within 40 days,
Q. Final Invoice measured from the latter of the date the invoice is received or the goods or
To submit thc final invoice for payment to the department no more than services are received, inspected and approved, a separate interest penalty
45 days after thc contract ends or is terminated. If the provider fails set by the Comptroller pursuant to section 55.03, FS, will be due and
to do so, all right to pul'mcat is forfeited and the department will not payable in addition to the invoice amount. To obtain the applicable
honor any requests submitted after the aforesaid time period. Any interest rate, contact the district fiscal office/contract administrator.
payment due under thc terms of this contract may be withheld until all Payments to health care providers for hospitals, medical, or other health
repons due from the provider and necessary adjustments thereto have care services, shall be made not more than 35 days fi.om the date
been approved by the department. ¢lig~bliity for payment is determined, at the daily interest rate of.03333%.
Invoices returned to a vendor due to preparation errors will result in a
R, Use Of Funds For Lobb)ing Prohibited payment delay. Interest penalties less than one dollar will not be enforced
To comply with the~ provisions of section 216.347, FS, which prohibit the unless the vendor requests payment. Invoice payment requirements do
expenditure of contract funds for the purpose of lobbying the Legislature, not stun until a properly completed invoice is provided to the department.
judicial branch, or a state agency.
C. Vendor Ombudsmsn
S. Public Entity Crime A Vendor Ombudsman h~s been established within the Department of
As required by section 287.133, FS, the following restrictions are placed Banking and Finance. The duties of this individual include acting as an
on the ability of persons convicted of public entity crimes to transact advocate for vendors who may be experiencing problems in obtaining
business with the department: When a person or affiliate has been placed timely payment(s) from a state agency. The Vendor Ombudsman may be
on the convicted vendor llst following a conviction for a public entity contacted at (904) 485-2924 or 1-800-848-3792, the State Comptroller's
crime, he/she ma)' not submit a bid on a contract to provide any goods or Hotline.
services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public III. TIlE PROVIDER AND DEPARTMENT
work. may not submit bids on leases of real property to a public entity, MUTUALLY ACREE:
may not be awarded or perform work as a contractor, supplier,
subcontractor, or consulu~nt under a contract with any public entity, and A. Effective and Ending Dates
ma)' not transact business with any public entity in excess of the This contract shall begin on ,.ll.1].~r 1, 1996 or on the date
threshold amount provided in section 287.017, FS, for CATEGORY on which the contract has been signed by both parties, whichever is later.
TWO for a period of 36 months from the date of being placed on the It shall end on ,'h~'~ an ~ c~97
convicted vendor list.
B. Termination
T. Patents, Cop)Tights, and Royalties 1. Terngnatlon at W'dl
I. If any discovery or invention arises or is developed in the course or as a This contract may be terminated by either party upon no less than
result of work or set,Sees performed under xhis contract, or in anyway thirty (30) calendar days notice in writing to the other party, without
connected herewith, the provider shall refer the dis:ovary or invention cause, unless a lesser time is mutually agreed upon in writing by both
lo lhe department to be referred to the Department of State to parties. Said notice shall bc delivered by certified 'mail, return receipt
determine whether patent protection will be sought in the name of the requested, or in person with proof of delivery.
State of Florida. Any and all patent fights accruing under or in
connection with the performance ofthis contract are hereby reserved to 2. Terndnation Because of Lack of Funds
the State of Florida. In the event that any books, manuals, films, or In the event funds to finance this contract become unavailable, the
other copyrightable materials are produced, the provider shall notify department may terminate the contract upon no less than twenty-four
the Department of State. Any and all copyrights accruing under or in (24) hours notice in writing to the provider. Said notice shall be
connection with the performance under this contract are hereby delivered by certified mail, return receipt requested, or in person with
reserved to the State of Florlda. proof ofdellvery. The department shaU be the final authority as to the
availability of funds. In the event of termination of this contract, the
2. The provider, without exception, shall indemnify and save harmless the provider will be compensated for any work satlsfactoriiy completed
State of Florida and its employees fi.om liability of any nature or kind, prior to notification oftermlnatlon.
including cost and expenses for or.on acaount of any copyrighted,
patented, or unpatented invention, process, or article manufactured by
3
~/II96 CONTRACT #
3. Termination for Breach E. Notice and Contact ,
This contract may be terminated for thc prov~der's non-performanc~ I. The nnmc. address, and telephone number of the contract manager for
upon no less than twenty-four (24) hours notlcc in writing to the thc department for this contract is:
provldcr. If appllcablc, thc department may employ thc dcfsuh
provisions in Chapter 60A-1.006 (3), FAC. Waivcr of breech of any Mc3xy Morlt~
provisions ofthls contract shall not be deemed to be a waiver ofany A.G. Holley HospJ.talr ]P.O. Box 3084
other bre~ch and shall not be construed to be a modification of the Lantarta, Flor~_'d~_ 33465
terms of this conlract. Thc provisions herein do not limit thc
department's right to remedies at law or in cqulty.. . (407) 540-1308
C. Name, Mailing, and Street Address of Payee
1. Thc name (provider name ss shown on page I of this contract) and 2. Thc name, address, and telephone number of thc rcpresentativc of the
mailing address of thc o~,clal payee to whom thc payment shall bc provider rcsponslblc for administration of thc program under this
made is: contract is:
The Ci~ of Delray Beach Lin,la Butler
100 N,W, First Avenue 100 N.W. First Avenue
P~.l~y ~h; Pl~ 33aaa Delray_ Beach. Florida 33444
(407) 243-7203
2. Thc name of the contact person -,nd street address where financial and
administratlvc records arc maintained is:
· .Dorothy F_.,]_].in~cot~ 3. In the event that different representatives arc designated by either party
1UU N.l;. Y:Lr~t Avenue after execution of this contract, notice of thc names and addresses of
~ Beach, Florida 33444 the new rcprcsentatlves will be provided in writing to thc other pan'y
and said notification attached to originals of this contract.
D. Renegotiatlon or Modification F. All Terms and Conditions Included
Modifications of provisions ofthis contract shall only bc valid when they This contract and its attachments as referenced.
have been reduced to writing and duly signed by both parties. Thc rate of ~acYm~nts, ~ ~ T~ m ,
contaln'all the terms and conditions agreed upon by the parties. There
payment and the total dollar amount may be adjusted retroactively to no provisions, terms, conditions, or obligations other than those contained
reflect price level increases and changes in the rate of payment when herein, and this contract shatl supersede all previous communications,
these have been established through the appropriations process and rcpresentatlons, or agreements, either verbal or written between thc
subsequently identified in the department's operating budget, panics. If any term or provision of the contract is found to be illegal or
unen£orceable, the remainder of the contract shall remain in full force and
effect and such term or provision shall be stricken.
Failure to have performed any contractual obligations with the department in a manner satisfactory to the department will be a sufficient
cause for termination. To be terminated as a provider under this provision, the provider must have: (I) previously failed to satisfactorily
perform in a contract with the department, been notified by the department of the unsatisfactory performance, and failed to correct the
unsatisfactory performance to the satisfaction of the department; or (2) had a contract terminated by the department for caus~
I have read the above contract and understand each section and paragraph.
IN WITN'ESS THEREOF, the parties hereto have caused this ..2.1 page con,race to be executed by their undersigned officials as duly authorized.
PROVIDER: STATE OF FLORIDA, DEPARTMENT OF
THE CITY OF D~.RAY RV.~(~I HEALTH AND REHABILITATIVE SERVICES
SIGNED BY: SIGNED BY:
NASiE: N~2~: Suzanne Turner
TITLE: TITLE: District IX Ach~inistrator
DATE: DATE:
STATE AGENCY 29 DIGIT SAMAS CODE: _ _ _
Federal E~ # (or SSSO: 59-6000308
Provider Fiscal Year Ending Date: . 9 / _30
07/01/96 Contract No.
Alcohol, Drug Abuse and Mental Health Services (AD1VO
ATTACHMENT I - PURCHASE OF SERVICES
A. Services To Be Provided
The provider will ensure the provision of services specified in Exhibit A for
Alcohol, Drug Abuse and Mental Health Services (ADM).
1. Definition of Terms
a. Contract Terms
(1) Day means calendar day.
(2) Year means fiscal year which begins July 1 and ends June 30.
(3) Local match is described in Chapter 394.76, Florida Statutes
(F.S.) and Chapter 10E-14.005, Florida Administrative Code (F.A.C.).
(4) MajOr remodeling is defined as any construction to property that
materially affects its value.
(5) Major medical equipment is defined as fixtures and other
tangible personal property of a nonconsumable and nonexpendable nature, the value of
which is $500 or more and the normal expected life of which is one year or more.
(6) Prorated share is defined as the total number of unpaid units or
funds divided by the number of months remaining between the time the prorated share is
calculated and the end date of the contract.
(7) Contract period is def'med as the time period between the
contract's effective date and end date.
(8) The Substance Abuse and Mental Health Integrated Data
System (IDS) is a manual that contains the policies and procedures for reporting client
demographic and treatment information to the department for persons receiving substance
abuse and mental health services.
(9) State Interim Substance Abuse Reports (SISAR) is a manual
that contains the policies and procedures for reporting federally required client
demographic and treatment information to the department for persons receiving substance
abuse services.
(10) Units of services are defined as the unit of measure for billing
the department for services. There are eight different units of measure; the definition of
each can be found in Chapter 3 of the Guide to Performance Contracting for Alcohol,
Drug Abuse and Mental Health Services, 4th Edition.
(11) Verifiable service is the documentation of a service event that
is in compliance with the documentation requirements contained in Appendix A, Cost
Center Definitions and Models, of the Guide to Performance Contracting for Alcohol,
Drug Abuse and Mental Health Services, 4th Edition.
b. Program/Service Specific Terms
(1) Services and cost centers are synonymous terms. Each service
is defined in Appendix A, Cost Center Ser¥ice Definitions and Models, of the Guide to
Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th
Edition.
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07/01/96 A.DM Services
ATTACHMENT I - PURCHASE OF SERVICES (Cont.)
(2) Community-based is defined as any service provided outside a
state mental health facility and general hospital licensed under Chapter 395, F.S.
(3) Client as defined in Chapter 394.67(17), F.S., means any
individual receiving services in any alcohol, drug abuse, or mental health facility,
program, or service, which facility, program, or service is operated, funded, or regulated
by the department. Recipients and persons receiving services are used synonymously with
client.
(4) State custody refers to the care of clients being made the
responsibility ora state agency by court order by Chapters 393,394, 397, 916, 39 F.S.
(5) Performance standards are quantitative and qualitative
indicators that can be used by the department to objectively measure a provider's
performance. A detailed description of each of the performance standards contained in
this contract can be found in Appendix Q of the Guide to Performance Contracting for
Alcohol, Drug Abuse and Mental Health Services, 4th Edition.
(6) Target populations are defined as homogenous groups of
persons that are in need of substance abuse and mental health services. A detailed
definition of each can be found in Appendix Q of the Guide to Performance Contracting
for Alcohol, Drug Abuse and Mental Health Services, 4th Edition.
2. General Description
a. General Statement
These are community based services purchased on the basis that they are to
be provided when the department refers to the provider either a person or group of people
who have been authorized in writing by the Alcohol, Drug Abuse, and Mental Health
(A.DM) District Program Office to receive these services.
These services are authorized under Chapter 394, F.S. The department is
authorized to purchase them pursuant to Chapter 20.19, F.S., and its general contract
powers under section 402.34, F.S.
b. Authority
(1) The provider agrees to comply with Chapters 394, 395 and
397, F.S., Chapters 10E-4, 10E-5, 10E-10, 10E-12, 10E-15, and 10E-16, 10D-28, F.A.C.,
service del'tuitions given in the Guide to Performance Contracting for Alcohol, Drug
Abuse and Mental Health Services, and with all other applicable state standards, as
appropriate, provided they are specified in Florida Statutes or Administrative Codes
established by the department or made known in writing to the provider with thirty (30)
days advance notice. All of the above referenced documents are hereby incorporated
herein by reference, as if fully set out here.
(2) The provider agrees to comply with the requirements of
Public Law 103-227 and will not allow tobacco smoking in any portion of any indoor
facility used for the provision of services for children under the age of 18, if those services
are funded by Federal programs either directly or through state or local governments. The
law does not apply to children's services provided in private residences; portions of
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07/01/96 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES (Cont.)
facilities used for inpatient drug or alcohol treatment; service providers whose sole source
of applicable Federal funds is Medicare or Medicaid. Failure to comply with the
provisions of the law may result in the imposition of a civil monetary penalty of up to
$1,000 for each violation and/or the imposition of an administrative compliance order on
the responsible entity.
(3) If the provider participates in the ADAMHA Block Grant
Program, the provider agrees to comply with the ADAMI-IA Reorganization Act, P.L. 102-
321, Section 201 Part B of Title XIX of the Public Health Service Act (42 U.S.C. 300x et
seq) as amended July 10, 1992 which is hereby incorporated herein by reference, as if fully
set out here. If applicable, the provider also agrees to comply with the applicable funding
and service restrictions given in Exhibit E.
(4) Clinical Records and Confidentiality
(a) The provider agrees that as defined by section
394.459(9), F.S., which is hereby incorporated herein by reference, as if fully set out here,
clinical records are exempt from public records disclosure to protect client confidentiality.
(b) The provider agrees to not permit any publicity
involving client-identifying information, including the use of names or identifiable
pictures, without the written consent of the individual, or the child's parents or legal
guardian.
(5) Fingerprinting Requirements
The provider agrees to comply with sections 394.457(6) and
397.451, F.S., and Chapter 10-20, F.A.C., which are hereby incorporated herein by
reference, as if fully set out here, with regard to screening and fingerprinting of mental
health personnel.
(6) Representative Payee
If the provider is the representative payee for SSI, SSA, VA, or other federal
benefits on behalf of the client, the provider agrees to comply with the applicable federal
regulations including the establishment and management of individual client trust
accounts.
c. Scope of Service
The provider's service catchment area will include the following counties:
Palm Beach.
d. Major Program Goals
The provider agrees to impact the following list of contributing factors as
appropriate:
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07/01/96 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES (Cont.)
For mental health services they are: Family/Natural Support, Community Support, Crisis
and Emotional Impairment, Completion of/Adherence to Treatment Regimens, Safe/Stable
Home Environment, Court-ordered Dispositions, Poverty, Life-skills Training, and Job
Skill Training,
For substance abuse they are: Safe/Stable Home Environment, Family/Natural Support,
Lack of Knowledge, Early Identification and Intervention, Healthy Alternatives, Low
Birth Weight, Diet/Nutrition, Substance Abuse, Developmental Disability, Unprotected
Sex and Multiple Sex Partners, Risk-taking Behavior, Alcohol Use, Motor Vehicle
Crashes and Domestic Violence.
3. Clients to be Served
a. General Description
All clients to be served under this contract must be approved in writing and
by authorized staff of the ADM district program office. Client eligibility and
determination is exclusively the responsibility of the department.
b. Contract Limits
Services provided under this contract are limited by the availability
of funds.
B. Manner of Service Provision
1. Service Tasks
a. The department will purchase services from the provider as
specified in Exhibit A.
b. Services must be provided in compliance with all applicable
licensing rules and other service standards.
c. The services to be provided will be upon receipt of a written
authorization, prior to the delivery of the service, from authorized staff of the ADM
district program office.
d. If applicable, the provider will develop and implement an individual
treatment plan that is based upon a goal-oriented, time-limited family service plan that
accompanies the application/admissions packet from the case review committee.
2. Staffing Requirements
a. The department reserves the right to approve staffing changes of
persons in the following positions: Executive Director.
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07/01/96 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES (Cont.)
b. The provider agrees to ensure that all direct care staff are provided
pre-service and in-service training designed to instruct them in adult and child
development and management techniques if appropriate, communication skills and
program policies and procedures.
3. Service Location and Equipment
a. The provider agrees to provide services on the dates, at the times
and in the locations as specified in their Program Description.
b. The provider agrees to notify the contract manager in writing within
2 days of any changes in dates, times and locations of services.
c. The provider agrees to be responsible for providing all appropriate
equipment necessary for the effective delivery of the services purchased.
4. Deliverables
a. The provider agrees to deliver the services as specified in Exhibit A
of the contract.
b. The provider agrees to serve persons authorized by the department.
c. The provider agrees to meet the performance standards given in
Exhibit D of the contract.
5. Performance Specifications
a. The provider agrees to the performance standards specified in
Exhibit D of the contract. The performance standards consist of target population levels,
service outcomes standards, and contract standards. A detailed description of each
standard is given in Appendix Q of the Guide to Performance Contracting for Alcohol,
Drug Abuse and Mental Health Services, 4th Edition.
b. The contract manager will submit an outcome standard's monitoring
plan to the provider within 30 days of the contract's beginning effective date.
c. The department will conduct an evaluation of the performance of
the provider in achieving the standards specified in Exhibit D of the contract within 90
days after the contract's end date. The methodology for conducting this evaluation is
given in Chapter 12 of the Guide to Performance Contracting for Alcohol, Drug Abuse
and Mental Health Services, 4th Edition.
d. By execution of this contract the provider hereby acknowledges and
agrees that its performance under the contract must meet the standards set forth in
paragraph B.5.a., above, and will be bound by the conditions set forth as follows: If the
provider fails to pass its performance evaluation by the end date of this contract, the
department, at its exclusive option, may allow up to six months for the provider to achieve
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07/01/96 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES (Cont.)
compliance with the standards. If the department affords the provider an opportunity to
achieve compliance, and the provider fails to achieve compliance within the specified time
frame, the department will terminate the contract in the absence of any extenuation or
mitigating circumstances. The determination of the extenuating or mitigating
circumstances is the exclusive determination of the department.
e. Failure by the department's data systems to generate monitoring
reports for any particular standard will invalidate the applicability of that specific standard.
f. Because this is the first year of implementing these standards and
there is no current database to accurately predict the outcome standards given in Exhibit D,
the depamnent and provider agree to reneg0tiate any or all applicable outcome standards
by September 30, 1996 without affecting any other terms and conditions of this contract.
6. Provider Responsibilities
a. The provider agrees to the following unique activities: Not
Applicable.
b. The provider agrees to coordination with other providers and state
entities as follows: Not Applicable.
7. Department Responsibilities
The department has exclusive authority to make the following
determination and the procedures that the provider must follow in obtaining the required
determination: Not Applicable
C. Method of Payment
1. This is a fixed price (unit cost) contract. The department shall pay the
provider for the delivery of service units provided in accordance with the terms of this
contract for a total dollar amount not to exceed $27,583.00, subject to the availability of
funds.
2. The department agrees to pay for the service units at the unit price(s) and
limits given in Exhibit A.
3. The provider agrees to provide additional services eligible as local match up
to the amount specified in Exhibit A, the value of which is $9,194.33.
4. Payment System
a. Invoice Requirements: The provider agrees to request payment on a
monthly basis through submission of a properly completed invoice (Exhibit B ) within 30
days following the end of the month for which payment is being requested.
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07/01/96 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES (Cont.)
b. Payment may be authorized only for eligible services to eligible
clients as specified on the invoice and in accordance with Exhibit A and other terms and
conditions of this contract. The number of service units for which payment is requested
may not, either by themselves or cumulatively by totaling service units on previous
invoices, exceed the total number of units authorized in Exhibit A of this contract.
c. The department may release less money than requested for payment
when the release of such amounts would cause the provider to receive an amount in a
given month which exceeded the pro rata share of the tota! contracted amount. (Pro rata
share is defined as the balance of the contract amount divided by the remaining months in
the contract.) The department may, if funds are available, release more than the monthly
pro rata share when the provider submits a written request justifying the release of
additional funds and that request is approved by the department.
d. The department may reduce a request or withhold payment if a
provider is determined by the department to be out of compliance with the terms of this
contract. Or payment may be reduced by a financial penalty, if specified in rule and if the
provider fails to submit full client and services information, as required for the
department's Interim Data System which includes the State Interim Substance Abuse
Reports (SISAR), 90 days after the dates specified in Exhibit C, Required Reports. If a
penalty is assessed after the end of this contract, the penalty will be assessed against next
year's payment.
e. The department's decision to reduce or withhold funds shall be in
writing and submitted to the provider. The written notice will specify the manner and
extent to which the provider has failed to comply with the terms of the contract. When the
situation identified as problematic is corrected, payment shall be reinstated to the provider.
D. Special Provisions
1. Fee Schedule
The provider agrees to develop a fee schedule and fee collection policy,
based on income and family size, which will not provide barriers to persons in need of
publicly supported services. The fee schedule and fee collection policy for publicly
supported services shall be approved by the department.
2. Grievance Procedures
The provider agrees to establish procedures through which applicants for
and recipients of services may present grievances about the operation of the services being
provided under this contract. The provider also agrees to advise persons of their right to
appeal a denial or exclusion from the program, for failure to take account of an
individual's choice of service and through request of a fair hearing to the final governing
authority of the agency.
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07/01/96 ADM Services
ATTACHMENT I - PURCHASE OF SERVICES (Cont.)
3. Required Reports
The provider agrees to submit financial and programmatic reports that are
specified in Exhibit C to the department.
4. Substance Abusing Parents Involved With Children and Family Protective
Supervision, Health Service Case Management and Primary Care Services.
The provider agrees to make every effort to obtain a client's informed
consent for release of information to/from: HRS Children and Family (C&F) Program
when the client/family is under C&F protective supervision; and/or HRS County Public
Health Units when the client/family is involved with case management and/or primary
medical care services. This will enable the provider to better coordinate with and
communicate to other professionals intervening with the client and his/her family and
better ensure the health, safety and welfare of the children of substance abusing/recovering
parent(s) or caretaker(s).
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12
07/01/96 ADM Se~ices
EXHIBIT A
SERVICES TO BE PRODDED
Amend.#
Agency Name: C~y of Delray Beach DATE: July 1, 1996
INDIVIDUALS/GROUPS COST CENTERS STATE # STATE TOTAL STATE # MATCH TOTAL MATCH
TO BE SERVED RATE UNITS COST UNITS VALUE
Substance abusing children/ Prevention $22.41 1,230.83 $27,583.00 410.28 $9,194.33
adolescents a~d their
families.
TOTALS: $27,583.00 .. $9,194.33
TOTAL CONTRACT AMOUNT: $27,583.00
13
07/01/96
Alcohol, Drug Abuse and Mental Health Services
PURCHASE OF SERVICES
EXHIBIT B - INVOICE
PROVIDER NAME AND ADDRESS: CONTRACT #
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
TIME PERIOD: TO: DATE:__/__/
INDIVIDUALS/GROUPS COST CONTRACT i # UNITS BILLABLE
L SERVED CENTERS RATE PROVIDED AMOUNT
Substance abusing children/adolescents Prevention $22.41
and their families.
TOTAL INVOICE AMOUNT
TR-51 VENDOR ID# CONTRACT NO:
/
I ce~' ~at ~e above ~voice is a ~e ~d acetate reflection offs period's activities as sfip~ated ~ ~s con~act.
SIGNATURE OF AGENCY OFFICIAL
TITLE DATE
APPROVED FOR PAYMENT:
CONTRACT MANAGER SIGNATURE DATE
14
07/01/96 ADM Services
EXHIBIT C
REQUIRED REPORTS
Due Date Copies Send To
Reports Required For Ali Providers
30 days
· Response to Monitoring Reports after receipt 1 Contract Mgr.
15 days after
· Performance Measure Reports end of Quarter 1 Contract Mgr.
· Monthly Data Specified for
the Interim Data System N/A
Reports Required for Substance Abuse Providers
· State Interim Substance Abuse
Reports(SISAR) N/A
· Waiting List Report N/A
· Alpha/Beta Pre and Post Reports .,N/A
· AIDS Report N/A
15th of
· Prevention Services Report each month 1 Contract Mgr.
Additional Reports Required for Children's Mental Health Service Providers
· Priority Service List N/A
Optional Reports
· Cost Center Personnel Detail Report N/A
· Cost Center Expense Report N/A
15 day§ after
· Quarterly Local Match Report end of Quarter 1 Contract Mgr.
15 days after
· Quarter Service Provision Report end of Quarter 1 Contract Mgr.
15
07/01/95 ADM Services
EXHIBIT D
Alcohol, Drug Abuse and Mental Health Performance Measures
In addition to delivering the services specified in Exhibit A and the federal block grant
restrictions specified in Exhibit _E, the provider agrees to the following performance
measures and shall submit a report within fifteen (15) days after the end of each month.
participant Objectives:
· At least 85 % of at-risk 5th graders in the target area will have increased knowledge
about alternatives and more positive lifestyles by developing life and problem
solving skills, academic improvement and increased drug awareness.
Impact Objectives:
· 80% of students enrolled will successfully complete the program. Agency report
due fifteen days after the end of each marking period.
· 60 % of the program will include life skills and/or parenting skills program.
· The Excel Focus 5 will provide a minimum of 5 community based activities to
include key community organization and stakeholders. (Example: Community
field trips)
· 80 % of students will show improvement in academic attendance and classroom
behavior.
· 80 % of parents or guardian will participate in the program and attend the Parent
Effective Training Program.
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07/01/96 ADM Services
EXHIBIT E
COMMUNITY MENTAL HEALTH AND SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANTS
I. If the provider receives federal funds authorized under the ADAMHA Block Grant
Program, which includes the Community Mental Health Services Block Grant and the
Substance Abuse Prevention and Treatment Block Grant, the provider agrees to:
A. Ensure that block grant funds are not used to fund inpatient services.
Inpatient services are defined as services delivered in a licensed hospital.
B. Ensure that block grant funds are not used to make cash payments to
intended recipients of health services.
C. Ensure that block grant funds are accounted for in a manner that
permits separate reporting.
D. Ensure that block grant funds are not used to satisfy any
requirement for the expenditure of non-federal funds as a condition of the receipt of
federal funds.
E. Ensure that block grant funds are not used for the purpose of
purchasing or improving land, to purchase, construct or permanently improve (other than
minor remodeling) any building or other facility, or to purchase major medical equipment.
F. Ensure that block grant funds are not used to provide financial
assistance to any entity other than a public or nonprofit private entity.
G. Ensure that block grant funds are not used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in excess of $125,000
per year.
H. Ensure that block grant funds are not expended to ca-nS, out any
program of distributing sterile needles for the hypodermic injection of any illegal drug or
distributing bleach for the purpose of cleansing needles for such hypodermic injection.
I. Ensure that block grant funds are not expended to carry out any
testing for the etiologic agent for acquired immune deficiency syndrome unless such
testing is accompanied by appropriate pretest counseling and appropriate post-test
counseling.
J. Ensure that, to the maximum extent practicable, each person who
requests and is in need of treatment for intravenous drug abuse is admitted to appropriate
treatment within 14 days of the request or is provided interim services within 48 hours and
admitted to treatment within 120 days.
07/01/96 ADM Services
EXHIBIT E (Cont.)
K. Ensure that Substance Abuse Prevention and Treatment Block Grant
funds expended for services to women are in accordance with Interim Final Rule, 45 CFR
Part 96, and Rule 10D-115, F.A.C., and ensure compliance with the specification given in
Chapter 10 of the Guide to Performance Contracting For Alcohol, Drug Abuse and Mental
Health Services which contains more details regarding additional federal compliance
requirements.
L. Ensure that outreach services reimbursed by the Substance Abuse
Prevention and Treatment Block Grant are based on one of the three models approved by
the National Institute of Drug Abuse: the Standard Intervention Model~. the Behavioral
Counseling Model, or the Indigenous Leader Model. The provider agrees to obtain
approval from the department for the method used, to secure written approval from the
department before making any changes and ensure compliance with the specifications
given in Chapter 10 of the Guide to Performance Contracting For Alcohol, Drug Abuse
and Mental Health Services which contains additional federal requirements.
M. Ensure that early intervention services for the Human
Immunodeficiency Vires ('HIV) projects are in compliance with the specifications given in
Chapter 10 of the Guide to Performance Contracting For Alcohol, Drug Abuse and Mental
Health Services which contains additional federal requirements.
Il. Additional Funding Agreement Requirements:
A. Community Mental Health Block Grant Funding Agreement
1. Children With A Serious Emotional Disturbance:
The provider agrees to expend mental health block grant funds to increase
funding for the system of integrated mental health services for children with
serious emotional disturbance.
Required Expenditure Amount $ N/A
B. Substance Abuse Prevention and Treatment Block Grant Funding
Agreements
1. Treatment Services:
a. The provider agrees to expend $ N/A for the treatment of alcoholism.
b. The provider agrees to expend $ N/A for the treatment of drug abuse.
2. Prevention Services: The provider agrees to provide primary prevention
programs for individuals who do not require treatment for substance abuse,
to educate and council the individual on such abuse and provide for
activities to reduce the risk of such abuse by individuals.
113
07/01/96 ADM Services
EXIIlItlT E (Cont.)
a. The provider agrees to expend $ N/A for the prevention of alcoholism.
b. The provider agrees to $ N/A for the prevention of drug abuse.
3. Women Services: The provider agrees to increase the availability of
substance abuse treatment services for women. Special emphasis is placed
on the provision of services to pregnant women and women with dependent
children.
a. The provider agrees to expend $ N/A for the treatment of alcoholism.
b. The provider agrees to expend $ N/A for the treatment of drug abuse.
19
FINANCE AND COMPLIANCE AUDIT
Attachment. II
This attaclunent is applicable, if the provider or grantee, .hereinafter ~referred~ to as
provider, is an)~ local, gore _rp_ment entity, nonp. ront orgamzation, or ~gr-pront
organization. An auon performed by the Auditor General shall satisly the requirements
of-this attachment.
PART I: FEDERALLY FI/hi)ED
This part is applicable if the pro. vi~j.s a.,~2c~l gore .mm, en, ten, tij-y qr nonprqfi, t _
orgariization ana receives a total or ~z~,uuu or more in Ie. oerm, tunas t)assecl throug.h .the
d.ep .artm.en.t duri.ngjts tis. col year. The provider .h.as "r.ecelved', fe. de,ra] fup,ds when n nas
obtainecl the cash Irom the department or when ~t has mcurrea re~moursame expenses.
Local goy. enunents shall comply with the audit requirements containe~ in Offi.c.e of .
Office of Management and Buar~et (OMB) Circular A-128. Audits of State,and Local
Governments. Nonprofit providers shall comply with OMB Circular A-13.>, Audits of
Institutions of Hi o_.her Learning and Other Nonprofit Institutions, except as,modified
herein. Such audYts shall cover the entire or~zanization for the organization s fiscal )'ear.
The audit report shall include a schedule of financial assistance treat discloses each state
contract by number..
Compliance findings related to contracts with the department shall be based on the
contract requirements, including any rules, regulations, or statutes referenced in the
contract. The financial statements shall diiclose whether or not the matching requirement
was met for each applicable contract. Ail questioned costs and liabilities due to (he
departmental shall 'lSe full), disclosed in the audit report with reference to the department
contract involved.
If the ~rovider has received any funds from a c, rants and aids al~prot~riation, the provider
will al'so submit a comp. liance ?er)ore in accordance with the rulds oI the Additor General.
Chapter 10.600, and in;dicate on t'he schedule of financial assistance which contracts are '
funded from state grants and aids appropriations.
The provider agrees to submit the required reports as shown in Pan
PART II: STATE FUNDED
This p. an is applicable if th~: r)rovider is a non. p.rofit organization.that, re~eives~ . a total of
S100.000 or more from thed~ecartment dunng ~ts fisca'] year. which ~s not p. md on a se~
state or area-w~de fixea rate f(Sr servme, and of which less than $2>.000 is ~federallv
flmded. The provider has "received'" ftinds when it has obtained th~ cash from the'
department or when it has incun'ed reimbursable expenses.
The provider a~rees to have an mmual financial audit ~)erformed by independent auditors
in accordance ~,ith the current Government Auditin~ Standards issued by the Comptroller
General of the United States. Such audits shall cov~'r the entire organization for the
organization's fiscal year. The scope of the audit r)erformed shall ~over the financial
sta~tements and include resorts on internal control knd comr)liance. The audit rel~ort shall
include a schedule of finincial assistance that discloses each state contract by n'&nber.
Compliance findings related to contracts with the department shall be based on the
contram require~ments, includin~ any rules, regulations, or statutes referenced in the
contract. The nnancial statemehts ihall di'sct(~se whetkier or not the matchine requirement
was met for.each applicable contract. Al! questioned costs and liabilities du~ to the
department shall be ~fully disclosed in ~he audit report with reference to the department
contrac~ involved.
02/01/96 Page 1 of 2
· 20
I,f, the provider has received any funds from a arants and aids appropriation, the provider
will afso submit a compliance i'ep. ort in accordance with the rul~s oTl?,e Auditor General,
Chapter 10.600, and indicate on the schedule of financial assistance x~ hich contracts are
funded from state grants and aids appropriations.
The provider agrees to submit the required repons as shown in Part IV.
PART III: CHAPTER 10.600, OR NO AUDIT REQUIREMENT
This part is appli,c?le if,file° provider is either (l) a for-profit organization, (2) a local
government entit> rec,ej)in= less tt!an $25,000 m federal fun. ds f?9m t_h.e~ep_a~m~ent .
aurina its fiscal year, (o) a nonp. ro1~t organization receiving less than $1UU.OO0 Item the
depaffment, of which less than $25,000~is federally fundec[, during its fisczil >,ear. or (4) a
nonprofit omanization receiving a total of $100,000 or more from the depanmeni based
on a set statgor area-wide fixefrate for service, of which less than $25.000 is federally
funded. The provider has "received" funds when it has obtained cash from the
department or when it has incurred reimbursable expenses.
If the r>rovider receives funds from a grants and aids appropriation, the provider shall
have a'n audit, or submit an attestatiorTstatement, in ac'cbrdance wiih the rules of the
Auditor Gene'ral, Chanter 10.600. Tile audit repbn shall include a schedule of financial
assistance which discloses each state contract 1%, number and indicates which Contracts
are funded from state grants and aids appropriations.
The provider agrees to submit tile required reports as shown in Part IV.
Otherwise, if the provider does not receive funds from a ~rants and aids appropriation, the
provider has no audit or attestation requirement required'by this artachmeni. '
PART IV: SUBMISSION OF REPORTS
Copies of the audit report and any ,manaGement letter by the independent auditors, or
ar, estaion statcmem, required b4 this atiSchment shall be submined within t $0 days after
,he eh<: oI the provmer's nscat y'ear io tSe following, unless otherw;se requ,.rea b.vTton~a
Slaiuics:
A. O.,~:ce ol Internal Audit (OS]IA)
13 ! 7 \Vinewood Boulevard -
Buildin~ 1. Room 304A
Tallaha~'see, Florida 32.399-0700
B. Contract manager for ,.his contract.
C. Submit ~o this address only those re~ons prepared in
accordance with OMB Circular A-1'33:
Federal Audit Clearinghouse
P. O. Box 5000
Jeffersonville, Indiana 47i99-5000
D. Submi! to this address only those reports prepared in
accordance with the rules bf the Au/litter General,
Chamer 10.600:
Jim Dw'ver
Ofiice oTthe Auditor Genc':'al
P.O. Box 1735
Ta!iahassee. Flo:.'ida 32302
Tke ~.:'c, vid.:'r shal! ensure 'd'~a,. audSi '.yet'kine nal~ers are made avaiiab]c ~o the dci0::rm]c:::.
iSSt:~?,2. U?:ie. SS exle!'lciec Ill xx'ritiz:g b',' lite depl. l!'lll:leFlt.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ~' ~' - MEETING OF JUNE 18, 1996
AWARD OF BIDS AND CONTRACTS
DATE: JUNE 14, 1996
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Bid award to E.C. Stokes Mechanical Contractor, Inc. for the
City's plumbing services and repairs, in the estimated
annual amount of $12,052 from various departments operating[
expense budgets.
2. Bid award to Data Flow Systems, Inc. for software upgrades
to the Telemetry Systems Control and Data Acquisitions
(SCADA) system in the Utilities Maintenance Division, in the
amount of $14,219 from 442-5178-536-64.11.
3. Purchase award to Hydraulic Supply Company for the purchase
of an 18hp hydraulic unit with side adaptor kit and
accessories for use by the Environmental Services
Construction Division, in the amount of $12,209.79 from
441-5145-536-64.90.
4. Purchase award to Otto Industries, Inc. for purchase of
sanitation rollout carts via the City of Decatur, Alabama
(Bid #96-019), at a total cost of $542,755, with funding
from 433-3711-534-52.27.
Agenda Item No.: f~' /
AGENDA REQUEST
Date: June 10. 19q6
Request to be placed on:,
XX Regular Agenda Special Agenda Workshop Agenda
When: June 18, 1996
Description of agenda item (who, what, where, how much): Bid Award-
Plumbing Services and Repairs - Annual Contract. Award to 1Ow bidder E.C. Stokes
as primary contractor, and to KoeDig Plumbing & Mechanical Corp. a.~ ba~k,,p
contractor at an estimated annual cost of f12.052.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award Plumbin§ Service and Repairs to E.C. Stokes as primary
contractor and Koenig Plumbing & Mechanical Corp. as secondary contractor-at an
estimated annual usage of $]2~052. Funding from various departments operat4n~
expense b~d~et_ .
pepart,ment Head Signature:
Determination o f Consistency wi ~h~~prehensiv~Pl~an~
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:Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Roone~Buyer (~
THROUGH: Joseph Safford,~~ Director
DATE: June 10, 1996
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
JUNE 18, 1996 - BID AWARD - BID #96-32
PLUMBING SERVICES AND REPAIRS - ANNUAL CONTRACT
Item Before Commission:
The City Commission is requested to make awards to vendors for the annual
contract for plumbing service and repairs, at an estimated annual cost of
$12,052.
Background:
Bids were received on May 16, 1996, from three (3) contractors, all in
accordance with City purchasing procedures. (Bid #96-32. Documentation on
file in the Purchasing Office.) A tabulation of bids is attached for your
review.
The Deputy Director of Public Works and Building Maintenance Supervisor
have reviewed the bids and recommend award to low bidder E.C. Stokes
Mechanical Contractor, Inc. as primary contractor, and to Koenig Plumbing &
Mechanical Corp. as backup contractor if for any reason primary contractor
can not perform per specifications.
Funding for this service is from the various departments operating expense
budgets.
Recommendation:
Staff recommends award to low bidder E.C. Stokes Mechanical Contractor Inc.
as primary contractor, and to Koenig Plumbing & Mechanical Corp. as backup
contractor, at an estimated annual cost of $12,052.
Attachments:
Tabulation of Bids
Memo From Building Maintenance Superintendent
cc: Hoyt Owens, Deputy Director Public Works
Jim Schmitz, Building Maintenance Superintendent
MEMORANDUM
TO: Jackie Rooney, Senior Buyer
FROM: James Schmitz, Building Maintenance Superintendent
..-/.~/,-
DATE: June 4, 1996
SUBJECT: Annual Plumbing Contract
We have reviewed the attached tabulation of bids on the Plumbing Services and
Repairs Annual contract and recommend E.C. Stokes as the primary and Koenig
Plumbing as the secondary contractor.
Should you have any questions please contact me at 243-7338.
TABULATION OF BIDS
BID #96-32
PLUMBING SERVICES AND REPAIRS
May 16, 1996 ANNUAL CONTRACT
E.C. Stokes Koenig Plumbing & Myers Plumbing
Item Description Mechanical Contract. Mechanical Corp. Co. Inc.
I - HOURLY RATE OF LABOR:
A. 7:30 AM to 4:30 PM Monday - Friday
1. Plumber Journeyman 40.00 / 48.00 / 48.50 /
Est. 200 hours 8,000.00 9600.00 9700.00
Annually *
2. Apprentice 32.00 / 38.00 / 42.50 /
Est. 20 hours 640.00 760.00 850.00
Annually *
B. After Hours (Overtime - Emergency Calls)
3. Plumber Journeyman
Est. 12 hours 60.00 / 60.00 / 72.75 /
Annually * 720.00 720.00 873.00
4. Apprentice
Est. 4 hours 48.00 / 50.00 / 63.75 /
Annually * 192.00 200.00 255.00
II. PERCENTAGE MARK-UP (PARTS AND MATERIALS)
5. Total Est. Amount Spent
on Materials Annually ($2000. 25% / 25% / 40 % /
x Percentage Mark-Up): 500.00 500.00 800.00
6. Total Est. Amount Spent
On Materials + Total 25D0.00 2500.00 2800.00
Annual Mark-Up For
Materials = *
Grand Total
Groups I & II:
(Items 1,2,3,4, And 6) * $ 12,052.00 $ 13,780.~0 $ 14,478.00
Comments/Exceptions Will extend same Will not extend Will extend same
pricing, terms, and same pricing, term~ pricing, terms,and
conditions to other and conditions to conditions to other
Palm Beach County other Palm Beach Palm Beach County
Governmental County Governmental Governmental
Entities Entities Entities
AGENDA REQUEST
Date: June 12, 1996
Request to be placed on:
Workshop Agenda When: June 18, 1996
XX Regular Agenda
__ Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval of a sole source
purchase of Systems Control and Data Acquisition (SCADA) Software upgrades from Data Flow Systems,
Inc. in the amount of $14,219. The current SCADA Telemetry systems used to monitor and control City
utility facilities is obsolete in terms of upgradability and graphic user interface capacity. Sole sourcing is
necessary to maintain compatibility with existing system equipment. Funding is from R&R Account//442-
5178-536-64.11, Computer Equipment.
ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAFT ATTACHED YES~
Recommendation: Staffrecommends approval of software upgrade purchases from Data Flow Systems, Inc.
DEPARTMENT HEAD SIGNATURE: g//~. ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (reqUired on all items involving expenditure of funds):
Funding availabl~hqO
Funding alternatives ~/[/c (if applica~e)
Account No. & DesCription t{1/~ ~-/'7~-
AceountBalance ~ 9~9,/~1g~ / .....
' - - ~--~. coo ~l,~
Hold Until: "--~'
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Assistant City Engineer
SUBJECT: D.F.S. SOFTWARE UPGRADE
DATE: June 12, 1996
Attached is an agenda request and a quote from Data Flow Systems, Inc. for provision of software upgrades to
the Telemetry Systems Control and Data Aequisitious (SCADA) system used by Utilities Maintenance Division
for control and monitoring of Lift Stations, Storm Water Pump Station and other utility facilities. The current
software is the original system installed when the SCADA system was implemented and it has reached its limit
in terms of capacity to expand system abilities. The system is currently obsolete and is not expandable or
upgradeable with current DFS capabilities; neither is it current in terms of graphic user interface capacity.
The total proposal fi'om Data Flow is $22,188, however, this includes $7,969 for system hardware. We are
coordinating the purchase of ~e necessary hardware through M.I.S. The hardware will be purchased with funds
previously approved by Comhfission for ESD computer upgrades. The total adjusted cost for the DFS Software
upgrade is $14,219 with funding available in R&R Account//442-5178-536-64.11, Computer Equipment.
This will be a sole source purchase since the upgraded system must maintain compatibility with existing DFS
system equipment.
Please place this item on the June 18, agenda for consideration by the City Commission.
RCH:el
ce: W. Greenwood
R. Bullard
File
.7~avic[ Walker To: Bob Bullard Date: 4/24/96 Time: 07:31:27 Page 1 of 3
Data Flow Systems, Inc.
April 23, 1996 Quote No. 960423-04-dw
Attn: Mr. Bob Bullard
City of Delray Beach Utilities
Fax: 407-243-7344
Dear Bob:
Thank you for your request for a priced proposal to upgrade the waste~vater collection system telemetry '"
computer. I am very happy to comply.
I am enclosing a two page proposal that includes all hardware, software and services necessary to move
your telemelry system to the forefront of our system ability. The pricing reflects the most preferred
customer status assigned to the CiD' of Delray Beach.
The Xenix operating system, which was the backbone of our TACII System for nem'ly 10 years (m~d is
the operating system used in the Delray Beach system), has reached its limit. There is no remainh~g
capacitY to expand the TACII system abilities. As a result, the last few upgrades and all future
upgrades to the TACII system (which are always provided to our customers at no charge) are only
available to Unixware users. Some of the new and plalmed capabilities include: the ability to coxrfigure
PCUs over the radio link; four different configurable alarm delays; local printh~g at workstation
terminals; and others.
The proposal includes something called a Modbus Simulator. This sofhYare device is only necessary if
you use the Lookout graphical sofSvare. :
Please review the i~ffonuation enclosed and call Steve whitlock or Tom Smaidris if you have any
questions or comments, and thank you again for this oppo~aX~nity to work with your utility.
Sincerely,
Data Flow Systems, Inc.
David S. Walker Jr.
Sales
c:~letters\deh'ay\bu960423.quo
Data Flow Systems. Inc. * 659 £au G~llie Blx,d. * .Mell~mm~¢, Florida 3.203q
vid Walker To: Bob Bullard Date: 4/24/96 Time: (]7:32:29 Page 2 of 3,
Proposal for
City of Delray Beach - Utility Pumping Stations
April 23, 19~J6
DFS proposes to upgrade the existing Utility Pumping Stations telemetry computer with new
hardware and software. The new system will be based on a Unixware operating system, the
latest version of the DFS TACII System software and will employ a Modbus® simulator which
will allow data to be passed between the existing TACII System and the Lookout graphical
software package. DFS offers these items on a turnkey installed basis. The proposal includes
the supply, configuration, installation and warranty of all software and hardware as well as on-
site customer training in the use of the new operating system. The turnkey proposal offers the
customer a single source for the reconciliation of all service/operation issues.
Hardware/Software - proposed system to include the following:
1. Computer System
Gateway 2000 P5-133 desktop computer configured with:
256 K pipelined burst cache "
Dual stacked floppy drives pf,~.z¢./,~
!~ ,, 17 inch Vivitron monitor ~2/,~ ,¢.~¢.z.,///~ .-¢
104 keyboard/cover .~-:;,,~ ,~.., ~ ~/,)
2. Seagate 1GB IDE hard drive -~/_.p ¢"'/'¢
3. Number Nine Computer Corp. video card ~'~'
.~. ~ 4. SMC Ether Power card
~ 5. MultiTech 28.8 internal maintenance modem
6. Wangtek 500 MB tape backup system w/SCSI interface card
7. Specialix serial port system wi8 serial port pod (use existing)
8. Novell Unixware V 2.01 operating s tern
9. TACII System Release V 5.0 (n/c - upgrades provided at no cost)
10. DFS Modbus Simulator ($3,640.00 - included in "Software" below)
11. DFS autodial/voice unit (use existing)
DataFlow Systems. Inc. · 659 ~au Gallic Blvd. · Mclboun~e, Flodda 32935 ,
· O,~vid Walker To: Bob Bulla~rd Date: 4/24196 Time: 07:33:29 Page 3 of 3
Proposal
City of Delray Beach - Utility Pumping Stations
April 23, 1996
Page 2 of 2
Services
1, Assembly
install all hardware in new computer
2. System Generation
Load operating system, TACII software and Modbus Simulator
3. RTU Configuration
Reconfigure all existing RTUs into new system
4. Testing
Complete in-house simulation of all operating parameters
5. Installation
Physical installation of new hardware/software at customer site
6. Startup
Switch over to new computer, startup and confirm proper operation
7. Training
On-site training in the use of new operating system...remedial training of basic
TACII System operation,
8. Travel --
Melbourne-Delray Beach-Melbourne
9. Warranty
One year on-site warranty for defects in materials and workmanship. The TACII
System Software is warranted for as long as the original system is in use by the
Owner. All upgrades to the TACII System Software are provided at no charge as
long as the Maintenance Modem is operating.
· .Pricing . .~.
1, Hardware
2. Operating System ~ $2,100.00
3. Lookout GUI Software/copy (unlimited point count) [ $10,000 O0
, $~ 0,000.00
.... ulatorlcopy
5. Multiple Session T~ / $ 350.0.~)~
Da~aFlow Syst~ts, Inc. · 659 Eau Oalhc Blvd. · Mclboumc, F}orida 32935 · Pl!'~.h~?~
AGENDA REQUEST
Date: 3une 13, !996
Request to be placed on:,
XX Regular Agenda Special Agenda Workshop Agenda
When: June 18, 1996
Description of agenda item (who, what, where~ how much):
Purchase award for p~rchase of ]g HP Hydraulic Unit W~th .q~d~ Ad~p~r ~
And Accessories for use by ESD Construction Division for Wa~¢r/Sewer Network to
Hydraulic Supply Company at a total cost of $12.209.79.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Hydraulic Supply Company at total cost of 312,209.79
for purchase of 18HP Hydraulic Unit.
Funding from account #441-5145-536-64.90
pepartment Head Signature:
Determination of Consistency Comprehen :
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:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Senior Buyer ~
THROUGH: Joseph~inance Director
DATE: June 13, 1996
SUBJECT: Recommended Purchase
18 HP Hydraulic Unit With Hydra-Stop
Side Adapter Kit And Accessories
Environmental Services Construction Division is requesting the purchase of
a 18 HP Engine Hydraulic Unit, Hydra Stop Side Tap Adapter Kit, and
Accessories to be used in the Water/Sewer Network.
Purchasing processed and advertised a formal bid and mailed "Invitations to
Bid" to thirty-nine (39) vendors on March 06, 1996. The bid package was
picked up by four (4) additional bidders after advertisement in Palm Beach
Post. Bid # 96-37 is on file in the Purchasing Office.
Three (3) "No Bids" were received (no other bidders responded). Responses
as follows:
1. M.D. Moody & Sons Inc. - "Do not offer product or service. We are not
in a position to bid at this time, however, please continue to mail
proposals to us in the future".
2. Southeast Waste Systems, Inc. "Outside of our Heil territory".
3. Ameramax Contractors Equipment "We do not offer this product or
equivalent"
I therefore called the Stanley dealer number located in the Thomas Register
and asked for local dealers for this product, and was given four phone
contacts. After calling each dealer and asking if they could give me a
quote on this product, we faxed a copy of specifications and pricing sheet
to each dealer.
We only received one response from Hydraulic Supply Company at $12,209.79.
Copy of quote attached.
The Deputy Director of Construction Division has reviewed the quote
received and recommends the award to Hydraulic Supply Company.
APR-I?-96 12:34 FROM:HYDRAULIC SUPPLY CO ID:3058851310 PAGE 1/4
H Y D R A U L I C .~| U P P L Y C O M P A N Y
"' 4301 NW 36 ST, MI~d~I SPRINGS FL 33166
F~ff q0Q --~ ~ ~ -- 7 ( ~: ~ ** Please reference our
' quote number on your
· ; purchase order ~
5'>'
~.. G R ~ E N T E A M Generated or In Florida 800-507-9651
. .~ .... Quotod by:
~ :{~: Out of F~ 305-888-2414
"::~: ~ (EXT'.
'~.:'. Members: Luis Lantigua (3482
ch: F~ ~ 305-887-5939
~- Julian Gar(ia (3162
~ .'~ ~,-
. '~x "Please fool free to
~ Jose Juver (317~
~'~-- contact anyone of our
..~.'r~ Andrew Burgess(349~ te~ member~ for
:-~ ~' assistance. ,'
..~ Mike Dominguez(341'
:':~ Luis O Gutierrez (2:82)
'-' ~" Howard Ayres ( 346'
?i~' other- C ~ 2 .
.~...-- _ ,
N~er of pages, including (:over page:
J?~;- --M F.O.B. FAC~RY
~' __ BOSE QU~ES FOR m_NDOM LENGTHS (+-10%)
100% DEPOSIT OR APPROVED CREDIT REFERENCES ON ALL SPECIAL
ORDERED ~TERIAL
~ SPECIAL ORDERED I~TERILL/ WRITTEN PURCHASE ORDER REQUIRED
PRICING BASED ON QU~TF. TIES QUOTED
%'1 ['. IN STOCK AT OUR COMPOSt TODAY:(Y) .... (N)~(SUBJECT TO PRIOR SALE)
~:i ~c' STANDARD DELIVERY, IF I[OT IN STOCK IN OUR COMPANY, IS
- *NOTE: QUICKER DELIVERY MAY BE A POSSIBILIT~.c.. PLEASE .~.gNTAC~_
APR-l?-96 12:3S FROM:I-IYDI~AULIC SUPPLY CO ID:30S88S131~ PAGE 4/4
~.,,~, -~: __ LJ__~..,~ ~.,/
APR-I?-96 12:3S FROM:HYDRAULIC SUPPLY CO ID:30S88S131(~ PACE 3/4
APR-17-96 12:3S FROM:HYDRAULIC SUPPLY CO ID=3058851310 PACE 2/4
MIA - HYDRAULIC SUPPLY CO
680 KENMORE DR.
MIAMI SPRINGS, FL 33166-7396 Apr 17, i996
CITY OF DELI{AY BEACH
100 NW FIRST AVE
DELRAy B~ACH, FL 33444 QUOTE # 010-35468 PAGE: 1
QTY PRODUCTS DESCRIPTION UNIT PRICE EXT PRICE
1 HP18294 STANLSY POWER UNIT 8GPM 4082.700 4082.70
2 05010 '1/2" ~UAL SLEEVED TOOL HS 255.690 511.38
I BR72135 STANLEY 55 LB BREAKER 1865.600 1865.60
1 02332 STANLEY ASPHALT CUTTER 99-180 99-18
I 02333 STANEiY 1-1/8 HEX MOIL PT 37.771 37.77
I 96-2 STANLEY 1-1/8 HEX BLANK 47.598 47.60
1 HD08531 STANLEY HAMMER DRILL 1394.800 1394.80
6 SDS1218 DEWIT SDS PLUS HAMMER BIT 18.001 108.01
1 TP03003 STANLEY TRASH PUMP 2068.000 2068.00
I CO23541 CUT OfF SAW OC 14" 1720.400 1720.40
4 FD49-1001-06-06 AQP QUICK COUP FEM HALF 3 32.221 128.88
4 FD49-1002-06-06 AQP Q~ICK COUP MALE HALF 10.476 41.90
I 96-S8 DELST~EL TAMPING PAD 103-572 10~.57
NOTE CAN NCT QUOTE ITEMS F & G.
WE DO NOT REP. THE WACHS
ITEMS. DEL. WILL BE 4-6
WEEKS.
NOTE ALL ISEMS F.O.B FACTORY
12209.79
DETAILED SPECIFICATIONS:
A. One (1) Stanley HP18304 Briggs & Stratton 18 HP Engine Power unit, or approved
equal, with the following:
5 GPM and 8 GPM control
216 lb. dry weight
· length 33 inches, width 21 1/2 inches, and height 23 1/2 inches
· 18 inch pneumatic tires
· 4.2 gallon tank, hydraulic oil tank 2.7 gal.
· electric start
· Aeroquip hoses - 2 sets - 25' long 3/8" male pipe, 1/2" diameter hose with
protective sleeve
B. Jack Hammer - Stanley BR72135 1 1/8" hex foot, or approved equal: · 59 lbs. weight
· 7-9 GPM Double springs on foot 70 to 90 lb. work class
· Stanley 02332 asphalt cutter 1-1/8" shank, or approved equal
· Stanley 02333 moil point 1-1/8" shank, or approved equal
· Stanley 96-2 detachable shank 1-1/8" or approved equal
· Stanley 96-58 8x8 tamping pad, or approved equal
C. Hammer Drill - Stanley HDOS131, or approved equal: · 6 lbs. weight
· 4,500 blows per minute at 6 GPM Reverse flow checks, oil goes through body
not handle
3-9 GPM Reverse flow checks
· 505 shank type chuck
· Qty of six (6) Stanley SDS1218 1/2" concrete bit SDS Shank 18"
D. Stanley TPO3003 4" discharge pump, or approved equal: 31 lbs. urethane type bowl
· 450 GPM Discharge
E. Stanley CO23541 14" cut off saw, or approved equal:
· 1" arbor
· speed limited valve
· oil passes through body not handle
· weight 19 lbs.
F. Wachs 29-000-03 pipe cutter to 36" pipe, or approved equal:
· Wachs 29-601-07 6" cutter blade
· Wachs 29-601-08 5" cutter blades
· Qty. two (2) Aeroquip FD49-1001-06-06 Female quick disconnect and two
(2) Areoquip FD49-1002-06-6 Male quick disconnect
G. Side Tap Adapter Kit - Model 1300K, 4" - 12", or approved equal, with the
following accessories:
·One (1) Tapping machine capable of 4" - 12" Taps
Five (5) Carbide Tipped Saws (4" - 12")
· Three (3) Pilot Drills (4" - 6", 8" - 12")
· Two (2) Depth Gauges (4" - 8", 10" - 12")
· Five (5) M.J. Adapters (4" - 12")
· Two (2) Saw Mandrels (4" - 8", 10" - 12")
· All necessary O-rings and Wrenches
This unit must be capable of making new pressure taps in 4" thru 12" water mains at
pressure up to and including 150 p.s.i.
..~
1. Successful Bidder shall furnish two (2) complete sets of Operation and
Maintenance Manuals for each unit.
2. Units to have carrying cases of a durable high quality material with handles.
3. Units to be light weight so they can be handled by manpower alone.
4. The unit furnished shall include any special tools, adapters, lubricants, etc. that
are required or normally used in the operation and maintenance of the total unit.
5. The unit must be designed so that the drive motor fits into a triangular series of
steel bars to provide a lock-in of said drive motor.
6. The unit, through use of a depth gauge, must be able to determine length of travel
for taps (4" - 12").
7. The unit shall have an adjustable packing gland for tight sealing around the Saw
Mandrel.
8. The unit .must be capable of adaptation to the Hydra-Stop Model 800 TL to
provide Linestop Taps as well as Standard Taps.
DEMONSTRATION: A qualified representative of the manufacturer shall
provide eight (8) hours of demonstration and training in the use of the equipment
specified. The demonstration and training shall be conducted under actual job
conditions in the City of Delray Beach.
Agenda Item No.: '~.
AGENDA REQUEST
Date: 06/13/96
Request to be placed on:.
XX Regular Agenda Special Agenda Workshop Agenda
When: June 18, 1996
Description of agenda item (who, what, where, how much):
Purchase award to Otto Industries, Inc. for purchase of sanitation rollout carts
via the City of Decatur. Alabama. Bid #96-019; at a total cost of ~542.755.
O~INANCE/ ~SOLUTION ~QUI~D: YES/NO Draft Attached: YES/NO
Recommendation: Award to Otto Industries, Inc. for purchase of sanitation
rollout carts via City of Decatur~ Alabama, Bid #96-019~ at a total cost of
$542.755. Fundin~ from account ~0000-301-&6.00 with transfer to account
#433-3711-534-52.27
Department Head Signature: ........... ...~~~
Determi~£on o£ ~on$isten¢¥ ~omprehens£~e
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/~NO
Funding alternatives: ~/A (ii.applicable)
Account No. & Des~r~tion:
Account Balance:
City Manager Review:
Approved for agendaj ~)/ NO ~/
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Ro~or Buyer
THROUGH: Joseph Sa~~ance Director
DATE: June 13, 199~/
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
JUNE 18, 1996 - PURCHASE AWARD -
SANITATION ROLLOUT CARTS
VIA CITY OF DECATUR, ALABAMA, BID #96-019
Item Before Commission:
The City Commission is requested to make award to Otto Industries, Inc. for
the purchase of sanitation rollout carts, at a total cost of $542.755.
Background:
These carts are available via the City of Decatur, Alabama, Bid #96-019,
which was approved by their council March 18, 1996, per attached Purchase
Order #A-1626, and Resolution No. 96-077.
The vendor has agreed to extend these prices to the City of Delray per
attached letter dated June 06, 1996, from Otto Industries, Inc..
The Finance Director and several other departments within the City have
reviewed these carts and recommend award to Otto Industries, Inc. per
attached memo dated June 13, 1996.
Recommendation:
Staff recommends award to Otto Industries, Inc. at a total cost of
$542,755. Funding from account #433-0000-301-46.00.
Attachments:
Memo From Finance Director
Letter From Otto Industries, Inc.
City of Decatur Purchase Order And Resolution
Bid #96-019
To: David T. Harden;_.Ci~,tManager
From: Joseph M. Director
Date: June 13, 1996
Re: Award of Contract for Sanitation Rollont Carts
We would recommend, for Commission approval, the award of contract for sanitation
rollout carts be placed with Otto Industries, Inc. for $542,755 per the following
conditions:
· 11,000 - 95 gallon (Model MSD-95) rollout carts at $45.08
· 1,500 - 32 gallon (Model MSD-32) rollout carts at $31.25
· Conditions and terms per Decatur, Alabama bid and contract
· Dark green body with black lid and wheels per sample provided
· Rubber tires
· City seal and serial number hot stamped on both sides
· Price to include manufacturing, shipping within 60 days, receiving (unloading),
assembly, distribution to individual households, recording of serial numbers (Fast
Track System)
· 10 year warranty
The carts are planned to be delivered to individual households during the first two weeks
of September for initiation of our collection program to begin October 1, 1996.
The source of funds for this acquisition is to be Prior Year Surplus of the Sanitation Fund
and the account number is 433-0000-301-46.00. These funds will be replaced over a five
year period with monthly charges to our customers that will utilize this cart collection
method. Customers not using this method of collection will not be charged for these
carts.
Attached to this request is the offer letter from Otto dated June 6, 1996 and the Invitation
to Bid from Decatur, Alabama. Additionally, copies of MSD-95 and MSD-32 Container
Specifications are provided for your review.
Several vendors for rollout cans have been reviewed over the past several months and the
Otto container is the consensus selection due to lower price, durability, customer
satisfaction, manufacturer of multiple size containers, service characteristics, coordination
reputation with BFI, and other considerations. This review and contract approval process
Page 2
has involved Finance, Purchasing, City Attorney, Code Enforcement, the Recycling
Coordinator, and Community Improvement functions. These groups are coordinating
their efforts in order to assure a smooth transition to the new collection carder and rollout
cart system The negotiations with carders resulted in a $5.00 reduction in the overall
prices as ori~nally quoted per container which equates to a minimum of a $60,000 savings
to our customers. Everyone's efforts have been truly appreciated.
Please forward this documentation to the City Commission agenda of June 18, 1996 for
their approval of this contract.
OTTO INDUSTRIES
INC.
12700 General Drive
P.O. Box 410251
June 06, 1996 Charlotte, NC 28241-0251
Telephone {704) 588-9191
Joe Safford Facsimile {704) 588-5250
Director of Finance
City of Delray Beach
100 NW. 1st Ave
Delray Beach, FL 33444
Dear Mr. Safford;
As our discussions about the City's refuse cart requirements have continued, it is now our understanding
that Delray Beach would be interested in considering the possibility of arranging for the purchase of these
carts through a "piggy-back" based on Otto's recent contract with Decatur, AL. The purpose of this
letter is to assure you that Otto Industries, Inc. is very willing to provide the carts on this basis and to
confirm the actual pricing.
Otto's pricing in Decatur, AL (copy of contract follows) is $38.66 for 95 gallon and $27.95 for 32 gallon
carts. While these prices do not include several of the options which you have indicated Delray Beach
will require (rubber wheels, assembly and distribution), Otto Industries will agree to the use of this
contract as the basis for our pricing. Based on the addition of these options, and including a calculation
of the differential in freight (FOB: Decatur, AL vs. Delray Beach, FL) the pricing would be as follows:
(11,000) 95 GALLON CARTS (!~000) 32 GALLON CARTS
$38.66 Decatur, AL Pricing $27.95
2.00 Add-on... Rubber Tires ---
3.25 Add-on.. Ass'y & Distribution 3.25
1.17 Freight Differential .15
$45.08 DELRAY BEACH PRICING** $31.25
** Notes: Rubber Tires - Otto's premium "snap on" semi-pneumatic rubber tire wheel assembly.
Assembly & Distribution - Includes "base cost", plus additional cost for "receiving" and for
providing "Fast Track" recording of data.
Freight - Negotiated freight pricing with based on contract to haul 12,000 carts (30 loads).
Cart Color/Hot Stamp - Selection from any of Otto's standard colors, with City logo hot
stamped on both sides of the cart. Also includes hot stamp of
sequential serial numbers.
Warranty_ - 10 years.
Joe, per your inquiry, we are able to obtain the most favorable freight pricing, and enjoy certain other
"economies of scale" if Otto is awarded the contract for the entire 12,000 carts. However, ifthe City
would prefer to order only the (1,000) 32 gallon carts from Otto, we would of course be interested, In
that instance, the price for the (1,000) 32 gallon containers (without the Assembly and Distribution
option) would be $31.14 each.
Printed on Recycled Paper
DELRAY BEACH (Pa~e 2).
To expidate communicating these offers, they are being transmitted via fax to our representative, Rudy
Miranda who will deliver the quotation and discuss it's options. The origional of this letter will arrive
tomorrow via next-day delivery. Joe, if I can be of assistence in discussing these matters, please let me
know, and I will arrive by earliest flight.
As you are aware, Otto and BFI have been working at our company's highest levels on numerous joint
venture undertakings. Nationally, Otto is the "preferred vendor" for providing refuse carts to all of BFI's
districts. With BFI handling Delray Beach's hauling contract, Otto Industries on contract for carts and
distribution, and with local support from Jim Hardee Equipment/Rudy Miranda, your City will be
assured of a trouble-free start-up for the new refuse program.
We appreciate your consideration.
cc: Rudy Miranda (Hardee Sales)
JUN--13--96 T~U 11:07 AM DECATUR CITY CLERK OFFIC 205 351 2362 P. 02
CITY DECATUR No. a- s 2 s
Administrative Services SHOW THI,~ NUMBER ON YOUR INVOICE
P. O. Box 488 Decatur, Alabama 35602
205-351-7550 VENDOR NUMBER
l TERMS NET 30 I['O'"' DELIVERED
S C~Y OFDECATUR
O~O INDUSTRIES, INC. H Ar[N: STEVE ABBOTT, DIRECTOR
12700 GENERAL DRIVE
PO BOX 410251 p PUBLIC WORKS DEPARTMENT
1802 CENTRAL PARKWAY, SW
CHARLOTTE, NC 28241-0251 I DECATUR, AL 35601
o
~EA~ FURNISH SU~ECT TO C~DITIONS ON REVERSE SIDE.
QUANTITY ITEM DESCRIPTION j UNITPRICE EXIENSION
CONFIRMING ORDER PLACED WITH KYLE S. ADAMS,
OTTO INDUSTRIES' REGIONAL MANAGER, 3/21/96 -
DO NOT DUPLICATE
THE CITY COUNCIL, OF THE CITY OF DECATUR,
AWARDS YOU THE CONTRACT TO FURNISH AND DELIVER
IN ACCORDANCE WITH OUR SPECIFICATIONS AND YOUR
BID DATED MARCH 12, 1996:
ITEM
(1) 16,200 #CRV0952FQQ - DK GREEN (SEE ATTACIIMENT ~1) 40
(2) 16,200 #CRT0952FAK - DK GRAY (SEE ATTACHMENT #2) 38 626,292
(3) 1,260 #CRT0682FAK - DK GRAY (SEE ATTACHMENT #3) 33 41,832
(4) 540 ~CRT0322FAK - DK GRAY (SEE ATTACHMENT #4) 27 15,093
(5) 12 SIDE-LOADER SUNSET HI-LIFT (INSTALLED} 3,493 41,916
DELIVERY - PHASE I - COMPLETED BY 6/1/96
400 - ITEM (1) 180 - ITEM (4)
400 - ITEM (2) 4 - ITEM (5)
420 - ITEM (3)
DELIVERY - PHASE II - BEGIN 11/1/96
0,800 - ITEM (1) 360 - ITEM (4)
0,800 - ITEM (2) 8 - STEM (5)
840 - ITEM (3)
2OUNCIL RESOLUTION 96-077; ADOPTED 3/18/96 TOTAl. l'383825
shipping papers to the Purchasing Agent, City Hall, P. O. Box 488,
Oecalur, Alabama 35602, unlesa otherwise instructed.
~URCHASING AGENT
FOR OFFICIAL USE ONLY - OD not add ~ny Excise or Sales Taxes. ACCT. NO. 001-034-590-94 ($691,912.50
001-036-590-94 ($691,912.50
JUN--14--96 FRI 09:58 AM DECATUR CITY CLERK OFFIC 285 351 2362 P. 02
CITY OF DECATUR
COMPETITIVE BID SIJMMAKY SHEET
PROJECT: REQUEST NO. 96-019
GARBAGE CARTS DATE MARCH 12, 1996
BIDDERS INVITED TO BID EACH TOTAL
ATTN: kENT HALL
P 0 BOX 152
GODDARD KS 67052
IPL PRODUCTS LTD
120 GODDARD HEHORIAL DRIVE
~ORCHESTERMA 01603
ATTN: MS SABRINA BOLING
P O BOX 610251
CHARLOTTE NC 28241-0251
REHRIG PACIFIC COMPANY [ ff'~ec-[lO P. )t~ ~ /, {/55. Q~/. ~
lO00 ~CO COURT
LAWRENCEVILLE GA 30245
410 I1TH AVE SOUTH
HOPKINS ~ 55343
ST A~AH~ CA
P 0 BOX 360041
~i~cm AL
P O ~ox S~a .....
~SWLL[ ~C
NOTE: The Purchasing Department ~hall record the names and addresses
of all bidders request to bid under each Bid Request. A Bid
Sumary Sheet ~hall be maintained on file in the Purchasing
Department.
$UN--13--96__. THU 11:06 AM DECATUR CITY CLERK OFFIC 205 351 2362 P. 01
RESOLUTION NO.
BE IT RESOLVEO by the City Council of the City of
Decatur, in the State of Alabama, that the bid of
OTTO INDUSTRIES, for furnishing and delivering carts
be accepted in the amount of $1,403,355.00, and the
Purchasing Agent is hereby authorized to issue the
appropriate purchase order.
This bid is a three (3) phase program beginning
immediately and will be phased in over the next 18
months.
Fax J F~ ~
05-~)S-1990 15:~? .704 558 5250 OTTC INOUSTRIE5 P.O1
ADMINIST~TIVE SERVICES ,,
PURC~SING DEP~~ ~Q. DEP~NT
DATE
IS8~
TO SE CO~LE~D BY
NOT=~ ~R THXS BID TO BE CONS~D ~$~NSX~. ~L ~NFO~TXON IN ~IS SK~ 8HO~ BE
t, D~L:V~Y: C~ ~t ~E ~ DA~S OX ~S ~EX ~CBIPT OF 0~.
T~EN ~ZTHO~T REGA~ TO DATE OF PA~E~T. )
5. ~L ~IDDB~ ~gT ~ISH A B~ ~ XM ~ ~ OF 5~ ON ~ CO~ $10,000 O~ ~.
ARE NOT ACCEPT~LE. ~E OF BID BO~ A~ACRED~ BID BO~ X OR CASHI~9
~TU~ ~TATION TO
CITY OF DE~TUR C[~ OF DECA~
P~C~SING DEP~NT P~C~XNG DEP~T
P,O. BOX 488
DECAT~, AL 35602 602 LEE
D~T~, ~ 3~60t
~ ~EZN AFF~ Z ~ NOT SEEN ZH ~ ~~ 0R C~LUSI0~ ~NG B~D~ IN ~ST~X~ 0F
~ OF CO~ETZTIOH ~Y A~E~NT TO BID AT A FXXED P~CE
OT~R~SE. I ~VE ~ ~ U~DE~T~ ~L TE~ & CO~HS OF
C[TY, STATE, ~[P '-- T~TLE --'
7~/5~-9191 7~/~52~
P~ONE 'INCLUDinG AREA CODE F~
: (~5-09-199~ 15:54 7{~4 58.8 5250 OTTO INDUSTRIES P.~4
CITY OF DECAT~ SPEC~ICATIONS
N~ TO B~D~:
~~m~ l~ ~~(6,~)~,
~, ~ m~ h ~Mo ~ ~ Si~ ~r Sym,
2, ~
~~ ~, ~(1) ~ M~) l~mmb~~~mm(l)~Mm 'J'
A. ~ (30) a~lofl Con~n~
S. ~W~~OD; ~~(10)~~~~~'
6. ~ ~,~ ~ ~ ~i~ ~n ~ (60) ~ ~, ~i~ ~ ~ ~
mst r#ul., m~ ~icl~ in-~ ~ ~,) c~.~q tb ~1~; A, R~le
C.
E, ~ W~, ~m C~tm~on
G,
J. ~~u
O. ~h~ ~ion Vo~ ~ im~
: : 05-®9-1996 15:~6 7~)4 598 5250 OTTO INDUSTRIES
Ve:~clor shal! provido
(203) 3J 1-77~
N~; ~!
tb~ ~ m
1. ~ i~ornm~on ml~i~ ~ ~y ~ ~men~.
QUOTO
2. A. For Bid ~s ~he ~il~l ~a~i~its are ro ~ su~l~ for ~ t~e ~ri~.
30 ~1~ c~ (~r housel~d
(St~p, 6 months ~d 18 months o~)
C~ m to ~ quot~ on a unit ~ieo ~ tho t~ (3) ~ ~i~ ~.
~E: A ~ ~r (4) ~ m M b ~1~ ~ ~ ~. S~d b ~in~
C, ~J~
N~', If o,e (l) lift or t~ (~) liflf ~ ~uir~ to du~ n ~ (I) ~No ~ hn. pl~ smto.
05-QS-&996 15:40 7~1. 588 5250 OTTO INDUSTRIES P.07
ADDENDUM
TO BID I~QUEST NO, ~6-o19 . GARBAGE CARTS
~5-09-i99~ 15:~1 ?~4 5BB 5250 OTTO INCU3TR]ES
M~'ch 1, 1996
Otto Ip, dmlri<~
P,O. Box 410211
CI3m'lol~, NC 2~41415L
ADDENDUM #2
TO BID REQUEST NO. 96-019 - GARBAGE CARTS
i~: Spmflmb~m
Dei~e the ~llo~-i~ i~s:
I. llcm Il-A: 10~.
2, lt~ II-C: Li~ ~on ~ (1) ~~.
~ec~i~t o~ ildg~nta't I a~d 2 m~ be a~n~'leds~ ~'tth the bid at
ffyou ~ any q~, ~ ~1 ~ ~~g
,1
05-09-199~ 15:3,8 ?04 588 5250 OTTO INOUSTRIES P.06
PRXCt- SBT~Kr
~0 G~IIon Can ~0
Side ~n~r Li~
8i~ Bond m ~i~ off ~e ~ To~ ~Bid
MSD-95 Gailen Centainer
Specifications
(Revised 12/94)
Six Pages
The MSD-95 Gallon Container consists of injection molded, high density polyethylene plastic body,
hinged lid, two rubber wheel assemblies, a solid steel axle, and four hinge pins.
The MSD-95 Gallon Container comes in three versions, making k compau'ble with all types of lifter
systems. The MSD-952 version is intended for use with fully automated ann lifter systems and
standard, semi-automated bar lifter systems. The MSD-953 version can be used with both fully
automated arm li~er systems and European comb lifter systems. The MSD-954 version is exclusively
designed for the vacuum cup lffier system. The MSD-954 version can also be used with fully automatic
lifter systems and European comb lifter systems.
The MSD-95 Gallon Containers also offers a unique feature. The container body can be divided into
two equal parts by installing a divider panel. The divider panel segregates the container either side-to-
side or front-to-back into two equal sections. This feature allows the container to collect separated
recyclables, such as glass and plastics. The divider panels can be retrofitted with the containers at a
later date.
VOLUME CAPACITY:
The actual volume is 97 gallons with lid closed. This volume does not include any portion of the lid
that is above the dm of the container.
LOAD BATING:
The MSD-95 Gallon Container is capable of accommodating a load of up to 300 pounds.
The completed assembly weight of the container is 49 pounds when equipped with standard OTTO
(Rubber Tire) wheels.
DIMENSIONS:
Cart Body Height: 43.25"
Overall Height: 46.50"
Overall Width: 26.38"
Overall Depth: 33.62"
Qualltv Compenents.
Successful Systems.
MSD-95 Gallon Specifications 12/94 Revision (Six Pages)
CONFJUNLO BONY:
The Container Body is injection molded from High Density Polyethylene (I-IDPE). The container body
has smooth surfaces both inside and outside. The interior is free of crevices and recesses where refuse
could become trapped, thus preventing complete emptying. The minimum wall thickness is 0.175 inch
on the container sidewalls and 0.200" on the bottom section. The high density polyethylene has a
density of 0.947 to 0.968 grams cra3. The Melt Index ~ ofthe HDPE is 4.0 to 6.0.
The top of the container body is reinforced with a rim that extends around the entire perimeter. This
feature adds structure and stability to the container and provides a fiat surface for the lid. The handles
are integrally molded into the container body at the top ~
The from of the container on the MSD-952 and MSD-953 versions is recessed. The lower bar is
integrally molded into the container base in the ~ont recess. The tearout strength of the lower bar is in
excess of 1800 pounds.
The bottom of the container has molded in wear strips that extend around the bottom perimeter. The
wear strips and fibs protect the container and add strength and structure to the container. A recessed
area in the middle of the axle acts as a molded in tilting feature. This recessed detail allows the
container to be easily tilted, even with a full load.
The MSD-95 gallon container body is designed with a rib and slot detail to allow the option of a front-
to-back or side-to-side divider panel. The divider splits the container into two separate
compartments.
The front rim on the OTTO container is reinforced with internal ribs. These nbs add strength and
structure to the dm area.
The OTTO containers are designed to be nested or stacked for transport. This saves on transportation
and handling costs. Stacking ribs are molded into the top dm of the container body to prevent
jamming (sticking together) and allows for easy unstacking.
The weight of the container body is 30 pounds. This weight does not include any other components.
UD:
The Lid is injection molded from I-IDPE. The lid is installed to the container body using four hinge pins
and rotates freely a full 270 degrees. The lid, when closed, rests on the top rim of the container body.
This allows a secure tight fit around the entire perimeter between the lid and base. This prevents rain,
insects, and vermin from entering the container, and odors are contained, when the lid is closed. A
molded in rain lip on the top dm of the container base prevents rain from entering. The lid does not
require a latch or snap fit, therefore, children cannot get trapped inside. The lid and container, when
empty, withstands winds up to 35 MPH without tipping over or causing the lid to open.
uallty Components.
2 Successful Systems.
MSD-95 Gallon Specifications 12/94 Revision (~ix Pages)
The entire front rim of the lid is recessed to form a hand hold area. This allows the lid to be easily
opened from any position.
The minimum material thickness in the lid is 0.130 inch.
The weight of the lid is 4.41 pounds.
HINGEPIN:
The Hinge Pin is injection molded from HDPE. The hinge pin secures the lid to the integrally molded
lid hinge and handle detail. The hinge pin is installed using a rubber mallet. At installation, the
truncated conical end of the hinge pin compresses and snaps into the pocket detail in the handle detail.
The hinge pin can be removed with a special tool available from OTTO. This prevents vandalism and
securely fastens the lid to the container base. Four (4) hinge pins are used to secure the lid.
LID HINGE AND flANOLE gEl'JUL:
The lid hinge is integrally molded to the container body. Handles are located at two places. The
handle has a 0.94" diameter and provides two 5.75" handle gripping areas. The clearance between
the handle and the container rim is 1.65".
The machined solid steel axle has an 0.844" diameter and is 22.62" long. The axle is zinc plated to
protect against rust and corrosion. The large diameter of the axle allows the container to be easily
rolled on any surface and supports a fully loaded container. The axle will withstand an 800 pound load
without permanent deformation. The weight of the axle is 3.35 pounds.
The Wheels are slightly recessed into the container body. The overall diameter of the wheel is 11.75".
The wheel assembly consists of an 8.0" diameter injection molded HDPE hub mounted in a 2.0" inch
wide solid rubber tire. The tire is produced using recycled rubber.
The wheels are capable of supporting a 200 pound load per wheel while rolling for 11.8 miles without
permanent distortion occurring to the hub or tire.
The wheel assembly is tamper and theft resistant and takes only seconds to install on the axle. This is
made possible with the use of a spring loaded internal steel detent, which snaps into a locking groove in
the axle. Yet, the wheel assembly can be easily removed with a spedal small hand tool available from
OTTO.
The weight of each wheel is 5.25 pounds. The outside track distance is 23.75".
Qual ComPeaents'
Successful Systems.
MSD-95 Gallon Specifications 12/94 I~evision (Six Pages)
MARKINGS:
All carts can be hot stamped with a unique sequence number to facilitate distribution and control. The
customer's name or logo can be hot stamped on the container's lid or body.
The containers are permanently marked with the month and year of production, tool number, material
identification, patent number, and manufacture's insignia.
All carts can be labeled with the following notice:
o'n'o INDUSTRIES, INC.
IN.~I'RUCTION~ FOR OPERATION AND USE
WIBI~ilNSHIR
The plastic mater/al, high density polyethylene, is manufactured from virgin raw materials by major
petrochemical companies, (i.e. Exxon, Quantum, Phillips) and includes no recycled or regenerated
plastic or foreign material.
Up to 20°4 recycled material (PCR) content is available upon request.
Molded parts show no foreign substances, shrink holes, cracks, blow holes or webs. There are no
color streaks.
COLO8~
The standard colors are Green, Forest Green, Gray, Blue, and Dark Blue. Other colors are available
to special order.
All injection molded parts are specifically prepared to be colorfast so that the plastic material does not
alter appreciably in normal use. Due to the high quality pigment package and injection molding
process, OTTO containers have excellent color fastness. Our containers have no more than 0.6%
pigments by weight.
quality gompegent
Successful Systems.
4
MSDo95 Gallon Specifications 12/94 Revision (Six Pages)
ilV UGHT STABILIZATION:
The OTTO container is stabilized against ultraviolet degradation with not less than one half of one
percent of a I-rmdered Anime Light Stabilizer (HALS) additive. An additional anti-oxidant package is
included to assure the integrity and longevity of the container. This stabilization package and load
assure a I0 year life.
The OTTO container is stabilized against thermal d~on with an and-oxidant additive. The
thermal stabili~.er package consists of a 800 - I000 PPM anti-oxidant additive. Thermal degradation
will occur due to environmental or process related influences without this package. The occurrence of
thermal degradation results in container failure.
BECYCUIBIOTY:
The MSD-95 Gallon Container is produced with a fully recyclable thermoplastic High Density
Polyethylene (I-IDPE) resin. This allows the container to be recycled and reused after its useful life.
QgALITY ASSURANCE PIlOCF. DUIIES AND PEBFOIINIfllIC[ TESTING:
The MSD-95 Gallon Container is designed to withstand the following series of performance tests.
The performance test requirements were designed to simulate the type of situations encountered in
actual use. The severity of some tests was scaled to anticipate an expected 10 year life.
Test Description Test Requirements
Semi-Automated Lifter Life Cycle 3000 Cycles without Damage
Fully-Automated Lifter Life Cycle 1500 Cycles without Damage
Drop Test (300 Lb. ~ 12 Feet) 30 Drops without Damage
Crush Test and Recoverability Must recover within 25% of shape after
crushing
Wind Test Must withstand 35 MPH winds without tipping
Abrasion (Bottom Wear) Test 100 LB load drag for 9500 feet without leaks
Axle Durability (Bend) Test 800 LB without permanent deformation
Wheel Durability (Step) Test 200 LB per wheel for 11.8 Irides
Successful Systems.
MSD-95 Gallon Specificatt'ons !2/94 Revision (Six Pages)
The additional Quality Assurance tests are performed according to ASTM procedures.
1. Melt Flow Index Test: To check that only 100 percent pure polymers are used. They meet
testing procedure ASTM D1238, Condition P.
2. Xenon Test: Speed-up simulation of weathering and UV radiation in accordance with CAM-162
(Xenon arc and water spray).
3. Material Thickness Test:
4. Stress Crack Bath:
All designs, specifications, and components are subject to change at the manufacturer's sole discretion
at any time without notice. Data published herein is informational in nature and shall not be construed
to warranty suitability of the unit for any particular purpose as performance may vary with the
conditions encountered.
Quality eelnponelltS,,
Successful Systems.
6
HSD-CS5 Gc~l l on Cc~r t
PART NUMBER CRTO~52EXX
o~1
2~ .75 ~[
Mecsurements are in inches Mar,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FBDM: CITY MANAGER ~d~!
SUBJECT: AGENDA ITEM # q ~ .- REGULAR MEETING OF JUNE 18, 1996
DISCUSSION CONCERNING THE CITY H~T.L ENVELOPE PROJECT
DATE: JUNE 13, 1996
Attached is the Phase I Analysis concerning the storm hardening measures
for City Hall (envelope project).
The architect and Mr. Aguila feel it would be advantageous to discuss the
report at this time for further direction. They will be present at the
meeting to review the various options for consideration.
ref: agmemol 2
DELRAY BEACH CITY HALL STORM-HARDENING
PROJECTED COST ESTIMATES
June 18, 1996
$1,206,306 1.- Based on Option D as documented in previous report,
with modifications: A new cupola; extending the existing
stair towers up; and adding two new balconies on each
side of the main entrance.
$27,500 2. Option #1: Driveway connection and unit paver
entranceway.
$17,500 a) Fountain at entrance.
$140,000 3. Option #2: A 38' x 52' porte cochere with Spanish "S"
roof tiles to match existing included with Option #1 (no
fountain).
$10,000 a) Standing seam over porte cochere in lieu of
Spanish "S."
$105,000 4. Option #3: Standing seam in lieu of Spanish "S" and
replace existing Spanish "S.'
$280,000 5. Option #4: New standing seam metal roof over existing
two-story and one-story building.
c:~wp51~329~lrmhard.rpt
ROBERT G. CURRIE PARTNERSHIP, INC. Robert G. Cuttle, MA
Architects, Planners & Interior Designers Jess M. Sowards, RA
AA0002271 Gary P. Eliopouios, RA
June 13,1996
DELRAY BEACH CITY HALL--STORM HARDENING
PHASE I ANALYSIS
The following report was developed to review and study the previous pre-hurricane protectiort
analysis/report by Gee and Jenson and city staff. Four options were identified in this report for
possible solutions to protect City Hall from a Category Four hurricane. We concur that Option D,
a new exterior envelope, would be the most effective solution.
Several important issues must be addressed upon implementation of a new envelope:
1. Thermal and Moisture Protection
2. Window Protection
3. Chiller System With or Without Thermal Energy Storage
4. Interruption of Ongoing City Hall Operations
5. Future Expansion Possibilities
6. Aesthetics
' 7. 'Budget
1. Thermal and Moisture Protection
The construction of a CBS wall envelope over the existing structure will require
appropriately designed flashings between the new and old exterior walls to ensure ultimate
protection from water intrusion, specifically at the window and door locations. Careful
consideration to detail of structural connections, concealed storm shutter placement,
window placement, and ventilation shall be addressed while maintaining the Integrity of
the new wail system.
2. Window Protection
A concealed motorized storm shutter system is proposed to be constructed within the new
CBS wall enclosure to protect the existing windows. New aluminum vertical and horizontal
shutter supports (centered on existing windows) will be required as a result of the size of
existing window openings. The outer vertical support and a stucco panel at the window
head will be removable for accessing the storm shutters for maintenance purposes. We
recommend that the existing windows should remain in place and not be relocated to the
new wall. Window relocation will cause interruption to City Hail operations, as well as
increase the cost of construction.
134 Northeast 1 st Avenue
Delray Beach, FL 33444
Tel.: (407) 276-4951
Fax: (407) 243--8184
Delray Beach City Hall--Storm Hardening
June 13, 1996
Page 2
3. Chiller/T.E.S. System
We recommend the chiller system and the Thermal Energy Storage units be located
between City Hall and the electric motor building (see site plan). A 6' high, 26' x 56' CBS
enclosure should be constructed to screen the equipment if the T.E.S. is utilized and
26' x 17' if only a Chiller system is utilized. The approximate size of the T.E.S, units are
8' in diameter by 9' high and should be partially recessed into the ground to minimize the
visual impact that these massive units would have on the surrounding area. See also
attached letter from Thompson Engineering Consultants.
4. Interruption of City Hall Operations
It is important that the construction of the new envelope'no{ interfere with ongoing
operations or means of egress during construction,' Every effort in the design and .
construction phasing shall minimize any conflicts. Air handling units shall be placed on
the roof ready for, activation prior to removal of existing units, The new protective
enclosure, except at the northwest 'section where the two-story abuts the one-story,
structure. Some intedor steel columns and footings may be required in the corridor, along
with a beam above the roof structure to support the new CBS wall, We are looking into
alternative approaches which preclude penetrating existing building's envelope.
5. Future Expansion
It was determined by staff that City Hall is not anticipating any future requirements or ..
needs to expand the building area. However, architectural drawings show a porte cochere
and a drop-off connection between parking lots (Option #1--see "Aesthetics" below).
6. Aesthetics
One of the opportunities we have as we storm-harden City Hall is to improve the overall
aesthetics. We have proposed several options for consideration:
A) Option #1: Drive connection between north and south parking lots;
fountains; and unit paver entranceway.
B) Option ~2: A new porte cochere, including Option #1.
C) Option #3: New standing seam metal roof over two-story and one-story
portions of City Hall consistent with the Tennis Center. The metal roof will
be more appropriate in high wind conditions than Spanish "S" roof tile.
Delray Beach City Hall--Storm Hardening
June 13, 1996
Page 3
7. Bud,qet
We are reviewing the previous cost estimate and updating to conform to current codes,
local trades, and .changes due to Inflation. A projected cost estimate based On the
attached conceptual drawings and information is currently underway for your information.
The estimate shall be broken down as follows:
1. Based on Option D as documented in previous report, with modifications:
A new cupola; extending the existing stair towers up; and adding two new
balconies on each side of the main entrance.
2. Option #1: Driveway connection and unit paver entranceway.
a) ' Fountain at entrance.
3. Option #2: A 38' x 52' porte cochere with Spanish "S" roof tiles to match'
existing Included with Option #1 (no fountain).
4. Option ,,~3:. New standing 'seam metal roof over existing twO-story and
one-story building.
a) Standing seam over porte cochere in lieu of Spanish 'S.'
Although we agree that Option D is the way to' proceed, we felt that the previously stated options
should be addressed while we have the opportunity. It is important to recognize that
storm-hardening City Hall is the priority task at hand and shall be designed as such.
c.'~vp51~320~tn~hord.rpt
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THOMPSON ENGINEERING CONSULTANTS
May 9, 1996
City of Delray Beach
Environmental Services Department
Construction Division
434 South Swinton Avenue
Delray Beach, Florida 33444
ATTN: Mr. Jose Aguila, Construction Manager
Re: Clty Hall
Thermal Energy Storage (TES)
Dear Jose:
After reviewing the Cost/Benefit Analysis re~ort by Florida
Power and Light and a letter sent to $1attery and Root by BR*A
Consulting Engineers dated April 1, 1996. I have the following
comments:
1. The $59,024.00 credit for the DX equipment replacement taken
by FPL assumes the equiDment would need to be replaced in the
near future.
However, as pointed out by BR+A, the DX equipment would need
to be replaced regardless of its age. Assuming the City could
not reuse the equipment elsewhere, I agree with BR+A that the
S§9,024.00 should not be taken as a credit.
2. A comparison should be made between the TES system and a
conventional air cooled chilled water system in order to
determine the added costs of TES The difference between the
TES system and the conventional system divided by the
electrical utility costs savings per year will give us a
simple payback for the TES.
g00 WEST LINTON BLVD., SUITE 200 DELRAY BEACH. FLORIDA 33444
(407) 274-0200 FAX: (407') 274-0222
~O'd EE~O-t~/E /0'1~ 'ouI''3'l'£ V6E:OT 96-TT-W~N
City of Delray
Page 2
May 9, 1996
Preliminarily we have determined that when the "hardening" of
City Hall commences and new roof is installed, we will need a
chilled water system mounted at grade. Therefore, the burden
of the total system costs should not be attributed entirely to
the TES system. As we have discussed the DX equipment will be
replaced regardless of whether we use a conventional chiller
or a TES System. I will show below what those cost
differentials may be.
Also, I believe the actual costs of this project will be
somewhat higher than estimated, some of the costs that I don't
see accounted for are as a line item are:
TES
Equipment enclosure and pad S40,000.00 30,000.00
Landscaping 7,000.00 7,000.00
Irrigation modifications 2,500.00 2,500.00
Site plan approval process 3,000.00 3,000.00
Energy management - Control System 25,000.00 18,000.00
Maintenance 6,500.00 8,500.00
New Ductwork 15,000.00 1§,000.00
New Air Handlers 93,750.00 93,750.00
Piping and Insulation 24,500.00 16,500.00
Pumps and Appurtenances 9,000.00 7,000.00
Glycol 1,200.00 0.00
Glycol pump system 1,200.00 0.00
Total $228,650.00 $201,250.00
These items are included as a lump sum in the FPL analysis as
"Interface" at 827,200.00 and "HIEFF/TES Dist. Cost" at
S138,026.00 or a total of $165,226.00
Also, the sir cooled low tamp chiller will cost around
$70,000.00 installed cost. Standard air cooled chiller is
S68,000.00. The cost for storage system is good at
895,200.00.
~O'd EZEO-~ZE ZO~ 'Dui' 'D'3'l
City of Delray
Page 3
May 9, 1996
Added "soft" costs are, Architecture (for equipment
enclosure). Landscape Architect, Survey, Engineering, Test
and Balance, Pro~ect Administration. My guesstimate of these
costs are: $ 30,000.00 for TES and $25,000.00 for
conventional.
Estimated costs 423,850.00 294,250.00
FPL incentive - 44,880.00 -0-
Total 8378,970.00 $294,250.00
The difference between 8378,970.00 and $294,250.O0 or
$84,720.00 is the added cost of the TES System.
Assume savings of 830,089.00 per year on power bill is
correct, then the simple payback is 884,720 / $30, 089 - 2.81
years.
Jose, please understand that my cost estimates are in some
cases very rough. I did get prices on the Chiller, Controls, Air
handlers and Pumps, all other costs are my best estimate. To do
this absolutely correct and true, an in depth, cost analysis based
on a specific design is required. That is why FPL requires the
feasibility study be accomplished an independent engineer.
Based on my experience with TES and with the costs involved
the payback does look favorable, and I recommend that this project
is a reasonable candidate for TES.
Please call if you have any questions.
Daniel E. Thompson, P
cc: Gary Eleopolis - Currie Partnership
C: \WPSi\LW. TTERS\96011-2
ZO'd EEEO-~Z~ ZO~ 'Dui'
[ITY OF DELAAY BER[H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item # City Commission Meeting June 18, 1996
Interlocal Agreement/Palm Beach County School Board
Seacrest Property
DATE: June 13, 1996
City Commission is requested to approve the Interlocal Agreement
between the City and Palm Beach County School Board for the
Seacrest property project.
In October, 1995 the City, County and School Board reached an
agreement for the joint acquisition and development of the
Seacrest property. The City was to complete acquisition,
demolition, and environmental testing and removal activities, and
the School Board is responsible for project development and
construction in two phases. Phase I construction (weight room,
wrestling room) is to begin immediately upon approval of this
agreement and be completed within two years. Phase II
construction (gymnasium) is to be started within three years of
completion of Phase I.
The Interlocal Agreement formalizes the terms between the City
and School Board. A separate agreement (attached for information
only) is being processed between the School Board and County.
The only variation from the October, 1995 agreement is in terms
of the pay back of funds in excess of $400,000 to the City, as
set forth in I(I). The agreement proposes a pay back over a
period of time versus payment at closing. Attached is a cost
summary for City expenses and estimated expenses.
THE EFFORT ALWAYS MATTERS (~. /~.
Agenda Item #
Page 2
RECOMMENDATION
Recommend approval of the Interlocal Agreement between the City
and the School Board for the Seacrest property as presented,
subject to changes that the City Attorney may recommend.
RAB:kwg
Attachment
File:u:graham/seapro.acq
Doc.:Approval. ILA
6/4/96
Seacrest Property_ Cost Summary
Acquisition Site 1 $314,920
Acquisition Site 2 65,000
Demolition Site 1 22,900
Demolition Site 2 3,750
Environmental Studies 12,980
Removal Tank, Hydraulics, Fuel Island 12,000 Estimated
Site Clearing 1,000 Estimated
$432,550
Prepared by: Robert A. Barcinski
Board Meeting Date June 19, 1996 ~ Agenda Item # 19-A-B
SCHOOL DISTRICT OF PALM BEACH COUNTY
BOARD AGENDA ITEM SUMMARY
PLANNING AND REAL ESTATE
B I recommend approval of the Interlocal Agreements with the City of Delray
Beach and Palm Beach County for Atlantic High School athletic facilities.
· In accordance with previously approved Board Report dated April I 0, 1996 (attached),
and earlier approvals (10/18/95, 6/21/95).
· A total of 4.37 acres has been acquired by the City. Site is now cleared except for
gas station.
· Phase I will commence in FY 96/97.
· Includes provision to reimburse City for portion 'of demolition and environmental
clearances for abandoned gas station portion of site. Tom[ cost - $40,000. Funds:
$25,000 - private, $7500 - City, $7500 - School District.
BOARD GOAL/PRIORITY/BELIEF:
CONTACT: A) Lawrence G. ZabiMMichael J. Murgio/Linda II. IIines, B) Jan Hansen
FUND SOURCE: See individual reports.
~:~'<'~;:'"~':'"' *~: ~. · ~'~*: ::::~'~'"'""~,~t~ ~.' .... :::::::::::::::::::::::::::::::~~"": :'>:' ';:~ '3' ~'~' ® ': ' '"' ~'" '":"~ ~~~! ~ ~.~::'"::':'"'~:~'"::::~"~:'~ .'?-'~
CONSENT AGENDA ITEM
19-B
BOARD REPORT
JUNE 19, 1996
ADDITIONAL INFORMATION
INTERLOCAL AGREEMENT WITH
CITY OF DELRAY BEACH AND PALM BEACH COUNTY
ATLANTIC HIGH SCHOOL FACILITIES
The School District in cooperation with Palm Beach County Parks and Recreation Department,
the City of Delray Beach and a private foundation have collaborated to acquire and develop
approximately 4.3 acres of property across from Atlantic High School on Seacrest Avenue. The
Board has previously approved a two phase project for athletic facilities, wrestling room,
lockers, showers, etc. and to fulfill the requirements of all three entities, the attached agreements
have been prepared. The City of Delray Beach will approve their agreement on lune 20, 1996.
Palm Beach County will provide the funds on a reimbursement basis once construction has
actually commenced.
The attached agreements have been reviewed as to form and content by our Legal Department
and by the City of Del_ray Beach and Palm Beach County respectively.
IPPL I Planning & RE $200,000 0 $200,000 $7,500
7479
Attachments
I4 :\data\wp5 l\doc\brdrpt\61919B.ath
This Instrument Prepared by:
Jan Hansen with Robert A. Rosillo
and should be returned to:
Robert A. Rosillo, Associate Counsel
The School Distdct of Palm Beach County
3318 Forest Hill Boulevard
West Palm Beach, Flodda 33406-5813
INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT
OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH
THIS AGREEMENT, entered into this __ day of , 1996, between the SCHOOL
DISTRICT OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the
Constitution of the State of Florida, (hereinafter referred to as "SCHOOL DISTRICT") and the CITY OF
· DELRAY BEACH, a Florida municipal Corporation, (hereinafter referred to as "CITY").
WITNESS E TH:
WHEREAS, it is the intent of the SCHOOL DISTRICT and the CITY to encourage and ensure
cooperation between and among the local governmental entities to provide for the coordination of
development activities of units of local government; and
WHEREAS, the SCHOOL DISTRICT is the controlling body of the Public Schools of Palm Beach
County, Florida, and owns and operate schools in the City of Delray Beach; and
WHEREAS, the SCHOOL DISTRICT and the CITY recognize the needs, on occasion, to utilize
the facilities of the other, thereby minimizing the duplication of facilities; and
WHEREAS, the CITY under its powers, desires that its residents have reasonable use of certain
parts of the school facilities when not in use for educational or program purposes established by the
SCHOOL DISTRICT; and
WHEREAS, the CITY, PALM BEACH COUNTY, and the SCHOOL DISTRICT OF PALM
BEACH COUNTY, have entered into a collaborative effort to acquire real property, consisting of 4.37
acres of land, more particularly described on Exhibit "A" attached hereto and by this reference
incorporated herein (hereafter referred to as the PROPERTY); and
WHEREAS, the School District will develop the PROPERTY for certain athletic and parking
facilities, more particularly described on Exhibit "B" and by this reference incorporated herein (hereinafter
referred to as the FACILITIES); and
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WHEREAS, the SCHOOL DISTRICT will own ,'md operate tile FACILITIES; and
WHEREAS, the CITY, the COUNTY, and the SCHOOL DISTRICT will share in the cost of'
acquiring PROPERTY and developing the FACILITIES and in consideration thereafter will share in the
use of' these FACILITIES when not in use for educational programs as established by the SCHOOL
DISTRICT;
WHEREAS, the CITY, the COUNTY, and the SCHOOL DISTRICT are desirous of entering into
separate agreements for the acquisition and development or: the PROPERTY located at 25X7( Seacrest
Boulevard, Delray Beach, Florida, for athletic facilities and parking to be jointly used by all parties.
NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as
follows:
A. The above recitals are true and correct and are incorporated herein by reference.
B. The acquisition of the PROPERTY and the program herein described shall be called
the Seacrest Project.
C. The CITY agrees to acquire the PROPERTY and convey the PROPERTY to the
SCHOOL DISTRICT for the project. The CITY agrees to convey the PROPERTY to the
SCHOOL DISTRICT flee and clear of all improvements described herein as underground
tanks, hydraulic systems, building concrete pads, and asphalt not deemed suitable by the
ITY and the SCHOOL DISTRICT for intermediate use. Further, the City shall provide
the School District with title search evidence acceptable to the School District. In return,
the SCHOOL DISTRICT agrees to provide the CiTY limited use of the facility, as
described herein.
D. Under a separate agreement, the COUNTY will provide $600,000 to the SCHOOL
DISTRICT toward the construction of Phase I. In retum, the SCHOOL DISTRICT will
allow a portion of the parking lot to be used by Aquacrest Pool Patrons, in accordance
with the terms of that agreement.
E. The SCHOOL DISTRICT will provide the balance of funds necessary to complete Phase
I and all the funding associated with Phase II, in accordance with the Palm Beach County
School District Board Report 1 l-B4 dated April 10, 1996, attached hereto as Exhibit "B".
F. Phase I of the project will be completed within two (2) years of the date of execution of
this agreement and the conveyance of the PROPERTY to the SCHOOL DISTRICT.
G. Phase II will be started within three (3) years from the completion of Phase I.
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H. The SCHOOL DISTRICT agrees to make the FACILITY available on a schedule mutually
agreed to by Atlantic High School and the CITY of Delray Beach. Further, the CITY will be
afforded the use of the gymnasium three (3) days per week from 6:00 p.m. - 10:00 p.m. and
on Saturdays from 10:00 a.m. - 2:00 p.m. for community use (youth and adult basketball,
volleyball, etc.) unless there is a specified tournament scheduled.
I. The DISTRICT will reimburse the CITY for appraisals, demolition costs and environmental
studies conducted in conjunction with the acquisition of the subject PROPERTY in an mount
not to exceed $7,500, within 120 days of conveyance of the deed to the SCHOOL DISTRICT
by the CITY. Upon receipt of anticipated foundation finds, the DISTRICT will pay an
additional amount to the CITY not to exceed $25,000.
II. Ownership
The PROPERTY and the proposed FACILITIES will remain in the ownership of the SCHOOL
DISTRICT OF PALM BEACH COUNTY; and subject to all terms and conditions imposed
thereby.
III. Funding
Funding for the PROJECT will be provided by the CITY and SCHOOL DISTRICT. Phase I
funding is to be provided, as follows, with the execution of this agreement:
1. CITY OF DELRAY BEACH ..... $400,000
2. PALM BEACH COUNTY ....... $600,000
3. SCHOOL DISTRICT - Balance of Phase I Costs
Funding for Phase II will be provided by the SCHOOL DISTRICT. The specific mounts and
allocation of same will be incorporated as an addendum to this agreement.
IV. Uses of Property_
A. Use of Athletic Facilities - The SCHOOL DISTRICT agrees to permit the CFrY in
accordance with the prescribed procedures and conditions set forth herein, and without
prior approval to utilize its athletic facilities and buildings. Each party shall be
responsible for its utilities cost associated herewith..
B. Procedure for Requesting Use of a Facility - All requests by the CITY for the use of
the FACILITIES other than specified herein will be initiated by the Director of the CITY
Recreation department and directed to the Principal of Atlantic High School. The
Principal will evaluate the request and approve if the facility is not otherwise in school use
except as otherwise specified herein.
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3
C. Notice - The CITY and the SCHOOL DISTRICT agree to provide adequate notice,
regarding the use of the FACILITIES. Notice may be in the form of a schedule of
activities; memorandum or other written form, outlining the date, time and facility needed.
Adequate notice is deemed to be ten (10) days prior to the date needed. In the event of
scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be
agreed upon, except as specified in paragraph I. H.
D. Adequate Supen4sion and Student Conduct - Both parties agree to provide adequate
supervision at ali times, taking into consideration the type of activities planned, when
using the FACILITIES. Student conduct and discipline at the FACILITIES shall be
governed by SCHOOL DISTRICT Policy Chapter 5.18. A copy of SCHOOL DISTRICT
Policy Chapter 5.18 being attached hereto as Exhibit "C".
E. Manner of Use; Cleanup - The CITY and the SCHOOL DISTRICT agree to utilize the
FACILITIES and equipment in the manner, and to the extent and degree intended for the
particularly facility or equipment in use and further agree to leave the FACILITIES and
equipment in a clean and orderly condition upon leaving the FACILITIES.
F. Vandalism to Facilities When In Use Pursuant to this Agreement - The CITY agrees
to be responsible for vandalism occurring to the FACILITIES during the periods the
FACILITIES are used by the CITY. The SCHOOL DISTRICT agrees to be responsible
for vandalism occurring to the FACILITIES during the periods the FACILITIES are used
by the SCHOOL DISTRICT. The SCHOOL DISTRICT shall cause such repairs to be
made as necessary to correct the damage and submit an itemized invoice to the CITY for
damages incurred during their respective use of the facility and all damages shall be paid
within 90 days of receipt of the invoice for the damages.
V. Facility Maintenance
The maintenance responsibilities for the FACILITIES described herein will be-assumed by
SCHOOL DISTRICT.
VI. Site Security
The SCHOOL DISTRICT will be responsible for securing the FACILITIES on a daily basis.
VII. Liability
The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and
invite, es to the extent and limit provided in Chapter 768.28, Florida Statues, for the period of
time the CITY is using the FACILITIES, provided however, that this provision shall not be
H :~ata\wp5 l~docV~greemt\OelrayBe.Ath JCH:bf 6/10/96
4
construed as a waiver of any right or defense which the CITY may possess, an it reserves all
such rights against any and all claims that may be brought against it under this Agreement.
VIII. Modification
Any modifications to this Agreement shall be in writing and approved by the parties' respective
governing bodies.
IX. This Agreement shall become effective upon approval of both parties, and shall continue for
thirty years (30) with two five (5) year renewals upon mutual consent of both parties.
A. All notices herein required, permitted to be given to or served upon either party shall be in
writing. Any such notice shall be deemed sufficiently given or served, if served personally,
sent Certified Mail by the United States Mail, or by any nationally recognized overnight carrier
to the SCHOOL DISTRICT or the CITY at the address set forth as follows:
As to the School District: SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA
Office of General Counsel
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-5813
With Copies to: Dr. Joan P. Kowal, Superintendent
3340 Forest Hill Boulevard
West Palm Beach, Florida 3340605869
As to the City: Susan Ruby, City Attorney
City of Delray Beach
100 NW. 1 st Avenue
Delray Beach, Florida 33444
With Copies to: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Robert A. Barcinski, Assistant City Manager
City of Delray Beach
100 N.W. Ist Avenue
Delray Beach, Florida 33444
B. If any term or provision of this Agreement shall, to any extent, be deemed invalid or
unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the
fullest extent of the law.
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5
C. This Agreement together with any addendum that may now or in the future be attached
and become a part hereof this Agreement set forth all covenants, promises, agreements,
conditions and understandings between the parties hereto. There are no covenants,
promises, agreements, conditions and understandings, either oral or written, between the
parties other than those herein set forth. Except as herein provided, no subsequent
alteration, changes, or additions, shall be binding the parties, unless and until reduced to
writing and signed by both parties.
D. This Agreement shall be construed in accordance with the laws of the State of Florida.
E. This Agreement shall not be construed against the party who drafted the same as both
parties have had experts of their choosing review the adequacy of the same.
F. Should any litigation arise under this Agreement venue shall lie in Palm Beach County FL
and the prevailing Party shall be untitled to reasonable Attorney Fees and court costs.
H: ~at a\wp5 l',docV~greemt[DelrayBe. Ath JCH:bf 6/10/96
6
IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the
day and year first above written.
SCHOOL DISTRICT OF PALM BEACH
Signed in the presence of two witnesses COUNTY, FLORIDA
Sandra Richmond, Chairman
Attest:
Dr. Joan P. Kowal, Superintendent
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and
County first name above to take acknowledgements personally appeared Sandra Richmond, Chairperson
and Secretary, Dr. Joan P. Kowal of the SCHOOL BOARD OF PALM BEACH COUNTY, Florida and
they acknowledged before me that they executed the foregoing instrument as said officers and that they also
affixed thereto the official seal of the SCHOOL DISTRICT OF PALM BEACH COUNTY.
SWORN TO and subscribed before me this __ day of ,1996.
Signed in the presence of two witnesses CITY OF DELRAY BEACH
Mayor Jay Alprin
Attest:
City Clerk
My Commission Expires:
Nota~ Public
(N'o~y Seal)
H :~at a ~wpS l~ocLAgreemt\Delray~e.Ath JCH:b¢ 6110196
7
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State ,and
County aforesaid to take acknowledgements personally appeared Jay Alprin as Mayor, and Gwendolyn E.
Davis, as City Clerk of the CITY OF DELRAY BEACH, Florida, and they acknowledged before me that
they executed the foregoing instrument as said officers of the CITY and that they also affixed thereto the
official seal of the CITY OF DELRAY BEACH.
SWORN TO and subscribed ~efore me this __ day of , 1996.
~~0~-~} APPROVED AS TO FO RIM
~ -~x,~-~ ~,j/~}o ~} ixv ~ s,d Susan Ruby - City Attorney
Robert A. Ros~/Schdi61 Disrriet Atidmt3,
My Commission Expires: (Notary Seal)
Notary Public
H:~data~wp51~doc~,greemt~Delraygo. Ath JCH:b! 61'/0/96
SEACREST AVE PROPERTY: LEGAL DESCRIPTION
Parcel 1' Folio #12 43 46 04 00 000 7370
The East 340 feet of the Northwest quarter of the Southwest quarter of' the Southwest
quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida;
LESS the following described parcels:
1. The South 15 feet of the above-described parcel;
2. The East 40 feet of the above-described parcel;
3. The West 130 feet of the East 170 feet of the North 150 feet of the South 290 feet
of the above-described parcel;
4. The North 125 feet of the South 140 feet of the East 265 feet of the West 305 feet
of the above-described parcel.
:.-~ TOGETHER WITH
/.
Parcel 2: Folio#12 43 46 04 00 000 7380
The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South
140.00 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter
of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida.
TOGETHER WITH
Parcel 3:
The North 1 $0 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; 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 south'east corner of the Northwest
one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4,
Township 46 South, Range 43 East, Palm Beach County, Florida; thence run South
89°47'35'' West for a distance of 130 feet to a concrete to a concrete monument; thence
run North 0o32'25" West for a distance of 150 feet to a concrete monument; thence run
North 89°47'35'' East for a distance of 130 feet to an iron rod on the westerly right-of-
way line of Seacrest Boulevard; thence run South 0032'25" East along the westerly 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.
part'els 1, 2, and 3 containing 190,250 square feet, 4.37 acres, more or less.
t_-- X H IBIT "A"
I~OAI~I) I~I~I'()ICI'
ATLANTIC [IIGII $C11OOI., Apdl 10, 1996
SEACI~ST ATI-~ETIC FACILITY
NEW CONSTItUCTION-PIIASE I
EDUCATION~ SPECIFICATIONS APPROVAL
DEPART~ OF ~CI~ECT SER~CES PRO~CT 110862-7479
~u~tional Sp~ifi~tions, b~ upon ~u~tional program n~s ~ s~ifi~ ia 0m "S~te
R~uimm~ fcc ~u~tional Faciliti~" (S~F), have ~a ~mpiet~ for die propos~ new
~~ion for Atl~tic High Sch~i. ~m ~umtional Sp~ifi~tions w~ develo~ by
Dep~ent of Cu~iculum ~d ~s~ctioa ~d tim Dep~ent of ~hit~t Se~i~. Copi~ of
~u~onal Sp~ifi~tions for tim pmpos~ pmj~t are available for review in
~sismt Superintendent of Insertion ~d Pupil Se~i~s ~d fl~e Dirtier oF O;e Dep~ent of
~hit~t Se~i~.
T~e. of Proj~t: New ~ns~ioa of ~a~ium ~d mlat~ spa~.
School Cons~ction Proj~t Pdofi~ List number not esmblish~ ca Ve~ioa "A'.
~is pmj~t is divid~ into ~o sepmte ~ns~ction programs. In summa,
pm~ is defin~ ~ follows:
Ph~e I: Complete site ~d building(s) design. Cons~ction shall include ~mplete site developmmt
~d a single ~o~ building. ~e new building shall include a Weight ~d W~tling R~m,
Shower~ker R~ms, S~deat ~d S~ Res~ooms ~d o~er Relat~ Spa~.
Ph~e ~: ~umm) Shall provide a 2,000 stat Field HousdG~n~ium wi~ Relat~ Spa~.
~m~ion 1,394,952 1,394,952 1,394,952 0
~it~t F~s 278,717 278,717 278.7 l 7 0
Misc. Pmj~t Cos~ * 189,400 189,400 , I89,40o 0
Facili~ Sup~ 0 0 0 0
Fumimm 22,780 22,7g0 22,780 0
Con~gmcy 26,316 26,316 26,316 0
To~ Budget 1,912,165 1,912,165 1,912,165 0
Fuad~ ~ FY96 .... 200,000 200,000 0
Fu~ Fun~ R~ui~ 1,712,165 1,712,165 0
· Mis~ll~us Proj~t Cos~ 'Include: T~ting, Su~ey P~i~, Fire Pmt~io~ Automat~ ~gtc
~d C~ Funding.
[ r~mmend O~e School Bo~d approve ~u~tional Sp~ifimtions for ~e pm~s~ new ~ns~ction
for Ati~tic High School, aufl~ori~ fl~e sel~tion of a ~nsul~ au~o~ fl~e Chai~ ~d
Supedntendent to sign all relat~ document, authori~ the n~ss~ budget mendmen~, ~d
a~ss~ ameadmea~ to the [99l ~u~tional Pl~t Su~ey.
Resp~dly submitt~,
Dr. Joan Kowal
Superimcndcat
Rccommcmtcd
I.awmucc G. Zahik No, tier Amhilccl: Chaclcs J. 'l'cich,c~
Russell '1'. Nmilh (Rxmith) I'{;umc/' R,' Ikl. Mpccs.: I.yim Sclmltz.
5.18 Student Conduct and Discipline.--- It is the intenn of this policy to
outline guidelines for the conduct and discipline of students in ali of the
schools of the district which will establish a safe, wholesome climate within
which both positive growth and learning will occur. These guidelines also
apply to adult students, age eighteen or older, except where specifically
exempted.
(1) Student conduct code
(a) The following acts by any student shall be deemed by the Board
as serious misconduct and shall be subject to action by legal
means including expulsion from school.
1. To possess, display, or use any object that could be used
to harm another person.
2. To loiter or visit on any school campus without written
permission of the principal of the school center.
3. To push, pull, shove, or fight any student or member of the
school staff, volunteer or chaperon.
4. To use tobacco products on School Board property.
5. To possess, use, or sell any mood-modifying drug or
substance incl~ding alcohol. A student may possess and use
a lawful prescription ordered by a licensed physician and
this shall not exceed the amount prescribed for one day.
6. To use profanity or obscene and abusive language or gesture
in the presence of s~udents or staff.members.
7. To interfere with the privacy of any student by any non-
consenting act.
8. To disobey or threaten physical harm to any staff member,
volunteer or chaperon or to threaten the family or property
of any staff member, volunteer, or chaperon at a school
center or any school sponsored activity at or away from the
school center.
9. To deface, steal, threaten or deprive the owner of the use
of real or personal property belonging to the Board,
students, or members of the school staff, volunteers or
chaperons.
10. To participate in or encourage any activity that is
disruptive to the general peace and welfare of the school
center, or related functions in presence of or without
presence of a professional staff member.
i1. To discriminate against any other student, staff member,
volunteer or chaperon on the basis of sex, race, creed,
color, handicap or national origin.
EXI{I B I'L' C
5.11
12. To display behavior on the part of a student which is se[f-
defacing or injurious to the student.
13. To participate in a walkout, sit-in, .shrike or other action
which is disruptive to the good order and effective
functioning of the school.
(b) The above regulations shall be implemented by the following:
1. Each school center shall implement a system of redress of
student grievances including the right to a fair and speedy
hearing on said grievances.
2. Each school center shall maintain records for each student
involved in infractions of said policy. These records
shall be on the forms prescribed by the Superintendent.
3. The principal of the school center shall have authority
over all school sponsored activities at the center or away
from the center during or after the school day.
. 4. Each school center may promulgate additional rules peculiar
to their needs.
5. The information provided in these rules shall be made
available.to student, parents or guardians and to the
school staff at each school center in the student's
handbook.
(2) Grievances against schools
(a) The regular structured procedures for presenting grievances
which students and parents or guardians feel they have against
the school shall be followed.
(b) The Superintendent shall establish procedures by which students
and parents may Present grievances to appropriate school
authorities. Grievances associated with student boycotts,
walkouts and sit-ins must be presented by the parents themselves
rather than by students.
(3) Personal appearance of students
(a) The primary responsibility for the personal appearance of
students rests with the parents.
(b) However, when a student's appearance at school or at a school
activity becomes a disruptive factor, a safety hazard, or
exhibits impropriety, the principal shall correct and control
these situations.
(c) Each school shall involve parents, students and staff in
developing a program that promotes neat appearance, grooming,
cleanliness and desirable health habits and attitudes.
(4) Non-attendance of students under sixteen
(a) Regular school attendance is required of all children to a
minimum age of sixteen with the following exceptions:
l. Students who are married or have been married, unmarried
students who are pregnant and students who ~have already had
a child out of wedlock.
2. Children within the compulsory attendance age limits who
hold valid certificates of exemption which have been issued
by the Superintendent.
3. Public school attendance is not required after the student
attains the sixteenth birthday.
(b) The Superintendent shall establish appropriate procedures for
the notification of parents about excessive student absences.
(c) In each case of nonenrollment or of nonattendance on the part of
the child who is required to attend school and when no valid
reasons for such nonenrollment or nonattendance is found, the
Superintendent shall institute a criminal prosecution pursuant
to the provisions of Section 232.19 92) (5), FS.
(d) Students under the age of eighteen years who withdraw from
school or are guilty of nonattendance as defined in State Board
of Education Rule 6A-1.0442 shall have their names submitted to
the Department of Motor Vehicles and Highway Safety as being
ineligible for a driver's license in the state of Florida.
(5) Students and property, detention, search and seizure of
(a) The principal, teacher, librarian, dean or others engaged in an.
instructional capacity in public schools shall be authorized to
temporarily detain and question a student under circumstances
which reasonably indicate that such student has committed, is
committing, or is about to commit a violation of law. No
student shall be temporarily detained longer than is reasonably
necessary. Such temporary detention shall not extend beyond the
place where it was first effected, or the immediate vicinity
thereof.
(b) If, at any time after the onset of the temporary detention,
reasonable suspicion arises that the detained student is
unlawfully concealing or has unlawfully concealed, stolen or has
illegal property on the student's person, or within the
student's locker, a member of the instructional staff may search
the temporarily detained student and the student's locker only
to the extent necessary to disclose, and for the purpose of
disclosing, the presence of stolen or illegal property.
(c) If the search of a temporarily degained student or the student's
locker reveals stolen or illegal property, it may be seized.
5.13
(d) In addition to any other authority granted in this section (5),
a p~incipal, teacher, librarian, dean, others engaged in an
instructional capac{[y, school security officers, or agents of
the School Board hired to detect, locate and seize contraband
shall be authorized to conduct and assist in the conducting of
canine sniff searches and.seizures pursuant to the =ules and
conditions set forth herein.
I. The School Board recognizes that a serious problem exists
on the Palm Beach County public school campuses regarding
the possession, use and sale of drugs, drug paraphernalia
and alcohol. The School Board also recognizes there is
substantial student body, parental and school official
concern regarding the problem; loss of staff morale; peer
pressure placed on students; and loss of learning and
administrative time through drug investigations.
2. The School Board has employed many strategies to combat
these problems and provide students with a drug and alcohol
free educational environment, including the following:
a. Participation in "Chemical People" programs.
b. Implementation of the "Naturally High" drug education
program.
c. Development of "The Drug Education Resource List."
d. Improved drug education through the Health Education
Life Management Skills and Home Economics classes.
e. Development of Students Against Driving Drunk Chapters
on 13 high school campuses.
f. Adoption' of Drug Education Philosophy and objectives.
g. ImplemenTation of Drug Awareness Week.
h. Revision of Drug Use and Possession Penalties to
encourage counseling and treatment.
i. Development of in-service training program for
counselors and others so they can refer students for
counseling or treatment.
j. Alternative to suspension program.
3. Notwithstanding the use of those items listed in paragraph
D.2 above, a serious drug and alcohol problem persists on
the Palm Beach County School Board campuses. Therefore, in
order to do everything reasonable and necessary to create
drug and alcohol free campuses for our students, the School
Board hereby directs and authorizes the Superintendent to
utilize canine sniffers, pursuant to the policy set forth
herein, to search persons and property and seize contraband
discovered im said searches.
'4. [~ is [he in[en[ o6 the School Board [o use [he canine
sniEfers primarily Eot school purposes and [o bt[n§
d£sciplinary actions against students found [n possession
of contraband. The use of the canine sn£EEers is not a
jo£nt endeavor with community Law enforcement
authorities. This shall not prevent schoo~ security
officers, however, £rom assisting the canine sniffers'
handlers in the performance of their duties.
Parents, students, school board employees and the public
are reminded that pubL£c school campuses, includin§ but not
Limited to, buildings, parking areas, athletic and
recreational areas, and lockers are the property of the
School Board of Palm Beach County and no one using said
property, whether as a student or in any other capacity,
has any exception of privacy in, on or around said
property.
6. The Superintendent or designee shall determine at what
times and in which schools the canine sniffers shall be
utilized. The School Principal or designee shall be
notified each time the canine sniffers are brought on
campus. The canine sniffers shall be controlled and
directed at al1 times by qualified handlers under contract
with the School Board of Palm Beach County. Sniff searches
shall be conducted at the direction of the qualified
handlers, in cooperation with the School Board's security
and administrative personnel. School Board administrative
and security personnel shall be responsible for necessary
parental notification, student disciplinary action, student=
due process, and public relations related to said
searches. Custody, analysis, and disposal of contraband
shall be the responsibility of the School Board's security
personnel, in cooperation with the qualified handlers. If,
as a result of a sniff search, probable cause arises to
indicate that a non-student is in possession or control of
illegal drugs, the School Board's department of security
shall investigate, obtain warrants if necessary, and
proceed to refer the matter to appropriate School Board
personnel and police authorities for disciplinary action
and prosecution.
7. The decision to refer a case to police authorities shall be
made according to school board policy (refer to directive
D-5. 132).
8. Boycotts, walkouts, sit-ins
a. Participation by any student in a walkout, boycott,
sit-in, strike, or similar action which interferes
with the orderly operation of a school shall be deemed
serious misconduct, as p~vided by applicable Florida
Statutes.
b. Any student who participates in such an activity shall
be subject to suspension or expulsion.
5.15
9. Alcohol, drugs, smoking
a. The use or possession of alcoholic and £ntoxicating
liquors and beverages and narcotic type drugs shall
not be permitted in any school center, or any school
sponsored activity in Palm Beach County Schools by any
person.
b. No smoking shall be permitted by students in any
school center, on any public school bus, or any school
sponsored activity.
c. There shall be no smoking in the gymnasiums and
auditoriums of the Palm Beach County Schools by any
person. Notice to that effect shall be displayed.
d. Adult Education centers may allow smoking by adults
outside of the regular school day and in spaces
designated as smoking areas.
10. Probation
a. A school principal may place a student on probation
for a reasonable time, not to exceed the academic year
in which the probation is assigned.
11. Corporal punishment
a. Corporal punishment is the moderate use of physical
~ contact by the principal or the designated
representative of the principal as may be .necessary to
maintain discipline or to enforce the rules.
b. The use of corporal punishment shall be approved in
principle by the principal before it is used in the
school.
c. Corporal punishment shall be administered only by
members of the instructional staff and only in the
presence of the principal or the principal's
designated representative. No teacher, with the
exception of deans, shall be required to administer
corporal punishment.
d. The principal shall attempt to employ parental
assistance or other alternative measures to elicit
positive behaviors prior to the administering of
corporal punishment except in cases of disruptive
conditions which require immediate action.
e. A ceasonabLe atLempc shall be made to not{fy the
parent oc guagd£an on each occasion that corporal
punishmen~ is administered.
f. The parent or guardian shall, upon request, be
provided a written explanation of the need for the
punishment and the name of the adult witness.
12. Student suspension
a. Suspension is the temporary removal of a student from
the regular school program for a period not to exceed
10 school days.
b. The principal or the designated representative of the
principal may suspend a student for willful
disobedience of authority of a member of the school
staff, volunteer or chaperon, for violence against
persons or property, for the use of profanity or
obscene language, for repeated misconduct of a less
serious nature, for other acts specified in Section
(1) above, student conduct code. Written notice of
each such suspension issued within the reasons
specified thereof, shall be mailed within twenty-four
(24) hours to the student's parents or guardian and to
the Superintendent; provided, further that no one
suspension shall be more than ten (10) school days and
that no one suspension shall be made an expulsion
unless so ordered by the School Board in a resolution
adopted and spread upon its minutes. The principal or
the designated representative of the principal may
suspend any student transported to and from school at
public expense from the privilege of riding a school
bus for a period not to exceed ten (10) school days or
until such suspension is modified or made an expulsion
by the School Board, provided that written notice
shall be mailed within twenty-four (24) hours to the
Superintendent and the parents or guardian.
1. The principal shall attempt to employ parental
assistance or other alternative measures to
elicit positive behaviors prior to suspension,
except in the case of disruptive conditions which
require immediate suspension.
2. The following information shall be included in
the written notice sent to parents or guardian
and to the Superintendent:
a. Nature and date of the offense.
b. Beginning date ~d ending date of
suspension.
c. Rule of student conduct code which has been
violated.
5.17
d. Restrictions as to the appearance on school
campus during suspension.
e. Counseling with principal prior to return.
f. Possibility of student's doing work at home
during suspension.
g. When the suspension is for five (5) or more
days, or if a shorter suspension may cause
the student to exceed ten unexcused absenses
in the current school year, the following
statement must be included.
"This suspension may result in your child
exceeding the allowable unexcused absences
under State Board of Education Rule 6A-
1.0442, and requires the student to enter
into an attendance agreement and abide by
its conditions, or be in jeopardy of the
principal recommending suspension of the
student's Florida Driver's License, In the
event the student does not have a current
Florida Driver's License, failure to enter
into and comply with the attendance
agreement could result in the withholding of
eligibility statements should the student
seek to obtain a license. As the parent or
guardian, you are invited to schedule a
conference with me at your earliest
convenience to discuss this action."
3. The Superintendent may authorize the extension of
the suspension of a student from school for more
than (10) school days, as provided in the
subsection (b) above, upon the written
recommendation of the principal; provided that
the parent or guardian of the suspended student
is notified by certified mail of. the principal's
recommendation of an additional thirty (30)
school days suspension. If requested by the
parent within five calendar days of receiving the
letter of proposed suspension, a hearing must be
granted to the student by the Superintendent's
review committee. The review committee shall
make a recommendation to the Superintendent. If
the Superintendent concurs, an additional
suspension of 30 school days may be made. Such
suspension may be terminated prior to the
expiration of the additional 30 school days, if
so recommended by the principal. When a student
has been' suspended for an additional thirty (30)
school days, the parent or guardian shall be
notified in writing of-such additional
suspension.
4. Students suspended for additional days beyond the
initial ten day suspension will be in violation
of State Board of Education Rule 6A-1.0442 and
the principal shall initiate appropr£ate action
to recommend the suspension of the student's
driver's license provided the student has a
license and is under the age of eighteen years.
5. The principal or the designated representative
shall include an analysis of suspensions and
expulsions in the annual report of school
progress.
13. Student expulsion: Expulsion is the removal of the right
of and the obligation of a student to attend the Palm Beach
public schools in conformance with Section 228.041 (26),
Florida Statute.
a. The Superintendent shall establish procedures which
authorize the principal to provide the Superintendent
with a written recommendation for the expulsion of a
student where expulsion is justified to ensure the
safety of the student involved, to ensure the safety
of other students and staff, and to protect the
students, the staff, volunteers and chaperons from
assault and disruption.
b. Only the Board can make a decision to expel a student
from school.
c. The Superintendent shall initiate appropriate action
to recommend the suspension of the driver's license of
students under the age of eighteen years that have
been expelled by the Board.
Authority: 230.22 (1) (2), 230.23 (6) (c) (d) (8), FS
232.26 (1) (a), 232.27, FS
71-826, 71-828 Laws of Florida
322.05, 322.0601, 322.16, 232.165, FS; 6A-1.0442 (FAC)
Special Acts, 1971
History: New: 1/3/73
Revised: 4/6/83
Revised: 1/8/85
Revised: 4/25/88
Revised: 10/18/89
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE SCHOOL DISTRICT OF PALM BEACH COUNTY FOR FUNDING
OF ATLANTIC ~IGH SCHOOL SEACREST ATHLETIC FACILITY - PHASE I
THIS INTERLOCAL AGREEMENT is made and entered into this
day of , 1996, by and between PALM BEACH COUNTY ,
a political subdivision of the State of Florida, hereinafter
referred to as the "COUNTY", and the SCHOOL DISTRICT OF PALM BEACH
COUNTY, a corporate body politic pursuant to the Constitution of
the State of Florida, hereinafter referred to as "SCHOOL DISTRICT"
W I T N E S S E T H:
W~EREAS, SCHOOL DISTRICT owns and operates Atlantic High
School located at 2501 Seacrest Boulevard; and
W~EREAS, SCHOOL DISTRICT desires to construct the Seacrest
.Athletic Facility on property located west of Seacrest Boulevard
t'hat was purchased by the City of Delray Beach at Atlantic High
School; and
WHEREAS, SCHOOL DISTRICT has asked the COUNTY to financially
participate in the construction of Phase I of said Seacrest
Athletic Facility to include site and building design and
development at Atlantic High School, hereinafter referred to as
"the Project "; and
W~EREAS, on June 27, 1995, the COUNTY approved a recreation
project list and proposed funding allocations for the $25.3 Million
Parks Improvement Revenue Bond, as modified on December 19, 1995;
and
W~EREAS, the Project represents one such recreation project
enumerated in the $25.3 Million Parks Improvement Revenue Bond
Issue; and
W~EREAS, SCHOOL DISTRICT desires to operate and maintain the
Project upon its completion; and
W~EREAS, SCHOOL DISTRICT has entered into an Interlocal
Agreement with the City of Delray Beach for use of the Seacrest
Athletic Facility during non-school hours; and
W~EREAS, the Seacrest Athletic Facility shall be open to and
benefit all residents of Palm Beach County; and
W~EREAS, Section 163.01, Florida Statutes, permits .public
agencies to enter into Interlocal Agreements with each other to
jointly exercise any power, privilege, or authority which such
agencies share in common and which each might exercise separately;
and
WI{EREAS, both parties desire to increase the recreational
opportunities for residents of Palm Beach County and to enter into
this Interlocal Agreement.
NOW, T~EREFORE, in consideration of the mutual covenants,
promises and representations contained herein, the parties hereto
agree as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are
incorporated herein as if fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to
enhance recreational opportunities for use by the public and
thereby provide a mechanism for the COUNTY to assist SCHOOL
DISTRICT in the funding of the Project.
Section 1.03 The COUNTY will pay to SCHOOL DISTRICT a total amount
not to exceed $600,000.00 for the construction of the Project as
more fully described in the Project Description attached hereto and
made a part hereof as Exhibit "A".
Section 1.04 SCHOOL DISTRICT agrees to provide funding in a total
amount of $600,000.00 or greater to complete the Project.
Section 1.05 The COUNTY's representative during the construction
of the Project shall be the Director of Parks and Recreation, Palm
Beach County Parks and Recreation Department, telephone no. (561)
966-6685. SCHOOL DISTRICT's representative during the construction
of the Project shall be Larry Zabik, telephone no. (561) 434-8510.
Section 1.06 SCHOOL DISTRICT shall construct the Project upon
property purchased by the City of Delray Beach as more fully
described in Exhibit "B" attached hereto and made a part hereof.
The SCHOOL DISTRICT will acquire the property from the City of
Delray Beach through an Interlocal Agreement attached hereto for
reference purposes as Exhibit "C".
Section 1.07 SCHOOL DISTRICT shall utilize its procurement process
for all construction services required for the Project. Said
procurement process shall be consistent with all federal, state and
local laws, rules and regulations. The COUNTY shall have no
contractual obligation to any person retained by SCHOOL DISTRICT
with regard to the Project. Any disputes, claims, or liability
that may arise as a result of SCHOOL DISTRICT procurement is solely
the responsibility of SCHOOL DISTRICT and SCHOOL DISTRICT hereby
holds the COUNTY harmless for same to the extent permitted by law
and subject to the limitations of Chapter 768.28, Florida Statutes.
2
ARTICLE 2: CONSTRUCTION
Section 2.01 SCHOOL DISTRICT shall be responsible for the
construction of the Project. SCHOOL DISTRICT shall construct the
Project in accordance with Exhibit "A", attached hereto and made a
part hereof, and with all applicable federal, state and local laws,
rules and regulations.
Section 2.02 SCHOOL DISTRICT shall be responsible for securing all
permits and approvals necessary to construct the Project.
Section 2.03 Prior to SCHOOL DISTRICT commencing construction of
the Project, SCHOOL DISTRICT shall provide a copy of all plans and
specifications along with the associated costs thereof to the
COUNTY's Representative for review of same to ensure consistency
with the intent of this Interlocal Agreement.
.Section 2.04 SCHOOL DISTRICT agrees to complete the Project and
open same to the public for its intended use within twenty (24)
months from the date of'execution of this Interlocal Agreement by
the parties hereto. Upon notification to the COUNTY at least
ninety (90) days prior to that date, SCHOOL DISTRICT may request an
extension beyond this period for the purpose of completing the
Project. The COUNTY shall not unreasonably deny the SCHOOL
DISTRICT's request for said extension.
Section 2.05 SCHOOL DISTRICT shall submit quarterly project status.
reports to the County's 'Representative on or before January 10,
April 10, July 10, and October 10 during the construction of the
Project. These Quarterly reports shall include but not be limited
to a summary of the work accomplished, problems encountered,
percentage of completion, and other information as deemed
appropriate by the COUNTY's Representative.
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in
Section 1.03 hereinabove shall be paid by the COUNTY to SCHOOL
DISTRICT on a reimbursable basis. Any costs incurred in connection
with the Project in excess of that amount shall be the sole
responsibility of SCHOOL DISTRICT. Should the total cost of the
Project exceed the amount as projected by SCHOOL DISTRICT, SCHOOL
DISTRICT shall budget and appropriate the excess funds required for
completion of the Project. The COUNTY shall not disburse any funds
to SCHOOL DISTRICT for the Project until SCHOOL. DISTRICT has
budgeted and appropriated said excess funds for the Project.
Section 3.02 The COUNTY shall only reimburse SCHOOL DISTRICT for
direct project costs. The COUNTY shall pay reimbursable costs to
3
SCHOOL DISTRICT on a quarterly basis from the date of execution of
this Interlocal Agreement. For each requested quarterly payment,
SCHOOL DISTRICT shall provide to the COUNTY's Representative a
fully completed and executed Contract Payment Request Form and a
Contractual Services Purchase Schedule Form, attached hereto and
made a part hereof as Exhibit "D". Said forms shall include
information listing each invoice as paid by SCHOOL DISTRICT and
shall include the vendor invoice number; invoice date; and the
amount paid by SCHOOL DISTRICT along with the number and date of
the respective check for said payment. SCHOOL DISTRICT shall
attach a copy of each vendor invoice paid by SCHOOL DISTRICT along
with a copy of each respective check and shall make reference
thereof to the applicable item listed on the Contractual Services
Purchase Schedule Form. Further, SCHOOL DISTRICT's Project
Administrator and Project Financial Officer shall certify the total
funds spent by SCHOOL DISTRICT on the Project and shall also
certify that each vendor invoice as listed on the Contractual
Services Purchase Schedule Form was paid by SCHOOL DISTRICT as
indicated. Upon receipt of said forms and prior to payment by the
.COUNTY, the COUNTY's representative shall visit the Project site to
verify and approve said reimbursement request.
Section 3.03 The COUNTY shall retain not more than ten percent
(10%) of the total amount allocated to SCHOOL DISTRICT for the
Project until SCHOOL DISTRICT completes the Project and the COUNTY
receives and approves all documentation as required in accordance
with this Interlocal Agreement.
Section 3.04 SCHOOL DISTRICT shall provide a request for final
reimbursement to the COUNTY no later than ninety (90) days
following completion of the Project as certified by the Project
Engineer.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completion, the Project shall remain the
property of SCHOOL DISTRICT. The COUNTY shall not be required to
pay SCHOOL DISTRICT any additional funds for any other capital
improvement required by or of SCHOOL DISTRICT.
Section 4.02 SCHOOL DISTRICT hereby warrants and represents that
it has full legal authority and financial ability to operate and
maintain said Project. SCHOOL DISTRICT shall be responsible for
all costs, expenses, fees and charges, and liability related to the
operation and maintenance of the Project.
SCHOOL DISTRICT shall operate and maintain the Project for its
intended use by the general public for a term of thirty (30) years
from the execution of this Interlocal Agreement by the parties
hereto. SCHOOL DISTRICT shall maintain the Project in accordance
4
with industry standards for such facilities to prevent undue
deterioration and to encourage public use.
Section 4.03 The rights and duties arising under this Interlocal
Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns. SCHOOL
DISTRICT may not assign this Interlocal Agreement nor any interest
hereunder without the express prior written consent of the COUNTY.
Section 4.04 It is the intent of the COUNTY to issue this funding
assistance to SCHOOL DISTRICT for the purpose set forth
hereinabove. In the event SCHOOL DISTRICT transfers ownership or
management of the Project to a party or parties not now a part of
this Interlocal Agreement, other than another governmental entity
that agrees to assume, in writing, SCHOOL DISTRICT's obligations
hereunder, the COUNTY retains the right to reimbursement from
SCHOOL DISTRICT for its participation to the full extent of the
funding assistance awarded to accomplish the Project.
ARTICLE 5: USE OF TEE PROJECT
Section 5.01 SCHOOL DISTRICT warrants that the Project and the
Seacrest Athletic Facility shall serve a public recreational
purpose and be open to and benefit all residents of Palm Beach
County and shall be available thereto on the same cost and
availability basis as to residents of SCHOOL DISTRICT. SCHOOL
DISTRICT shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital
status or sexual orientation with respect to use of the Project or
the Seacrest Athletic Facility.
Section 5.02 The term of this Interlocal Agreement shall be for a
period of thirty (30) years commencing upon the date of execution
of this Interlocal Agreement by the parties hereto. SCHOOL
DISTRICT shall restrict the use of the Project to recreational,
educational or community use purposes only unless otherwise agreed
to in writing by the parties hereto.
Section 5.03 SCHOOL DISTRICT shall affix a permanent plaque or
marker in a prominent location at the completed Project indicating
that the COUNTY was a contributor to the development of the
Project. Said plaque or marker shall include the County seal and
a list of County Commissioners, unless otherwise directed by the
COUNTY's Representative.
Section 5.04 SCHOOL DISTRICT shall make available to the COUNTY
parking spaces at the Seacrest Athletic Facility for use by patrons
of Palm Beach County's Aquacrest Pool facility at all times when
the Seacrest Athletic Facility is not in use by the SCHOOL DISTRICT
or by the City of Delray Beach and at other times with reasonable
notice provisions.
5
Section 5.05 It is the intent that both parties work in a
cooperative manner to achieve a mutually beneficial shared parking
arrangement. Approximately fifty five (55) parking spaces exist on
property owned by the COUNTY adjoining the east side of the
Aquacrest Pool Facility as shown on Exhibit "E" SCHOOL DISTIRCT
agrees that the northerly thirty four (34) parking spaces on County
owned property shall be reserved for use by patrons or staff of the
Aquacrest Pool Facility on all days and during all hours that the
pool is in operation. SCHOOL DISTRICT further agrees that in
exchange for its use of the remaining southerly twenty one (21)
parking spaces on County owned property that it shall reserve up to
twenty one (21) additional spaces within the project area for use
by patrons or staff of the Acquacrest Pool Facility. Should the
SCHOOL DISTRICT at any time fail to reserve and keep available use
of the twenty one (21) additional spaces within the project area
for use by patrons or staff of the Acfuacrest Pool Facility, then
County upon adequate notice may reserve the southerly twenty one
(21) parking spaces on County property for exclusive use by patrons
or staff on such days and at such times the Parks and Recreation
Director determines necessary for the convenient operation of the
pool facility.
Section 5.06 SCHOOL DISTRICT shall make available to the COUNTY
parking spaces at Atlantic High School for use by patrons of Palm
Beach County's Aquacrest Pool facility when Atlantic High School is
not in use by SCHOOL DISTRICT and at other times as mutually agreed
upon.
ARTICLE 6: ACCESS AND AUDITS
SCHOOL DISTRICT shall maintain.adequate records to justify all
charges, expenses, and costs incurred in estimating and performing
the construction of the Project for at least three (3) years after
the end of the fiscal year in which the final payment is released
by the COUNTY, except that such records shall be retained by SCHOOL
DISTRICT until final resolution of matters resulting from any
litigation, claim, or special audit that starts prior to the
expiration of the three (3) year period. The COUNTY reserves the
right, upon reasonable request and during normal business hours, to
inspect said Project and shall have access to such books, records,
and documents as required in this section for the purpose of
inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement
shall be in writing and hand delivered or sent by Certified Mail,
Return Receipt Requested. Ail notices shall be addressed to the
following:
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2?00 Sixth Avenue South
Lake Worth, FL 33461
As to SCHOOL BOARD:
Superintendent
School Board of Palm Beach County
3320 Forest Hill Blvd.
West Palm Beach, FL 33406
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
The COUNTY may terminate this Interlocal Agreement upon thirty (30)
.days advance written notice to SCHOOL DISTRICT for non-compliance
by SCHOOL DISTRICT in the performance of any of the terms and
conditions as set forth herein and where SCHOOL DISTRICT does not
cure said non-compliance within ninety (90) days of receipt of
written notice from the COUNTY to do so. Further, upon written
notice, SCHOOL DISTRICT shall reimburse to the COUNTY any funds
provided to SCHOOL DISTRICT pursuant to this Interlocal Agreement,
either in whole or in part as determined by the COUNTY.
ARTICLE 9: ENFORCEMENT COSTS
In the event that any action, suit or proceeding is commenced with
respect to the interpretation or enforcement of this Interlocal
Agreement, the prevailing party in such action, suit, or proceeding
shall be entitled to recover all costs, expenses and fees
including, without limitation, reasonable attorney's fees, incurred
by such party in connection therewith in addition to any other
relief to which such party or parties may be entitled.
ARTICLE 10: REMEDIES
This Interlocal Agreement shall be governed by the laws of the
State of Florida. Any and all legal action necessary to enforce
the Interlocal Agreement will be held in Palm Beach County. No
remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party
of any right, power, or remedy hereunder shall preclude any other
or further exercise thereof. The parties hereto may pursue any and
all actions available under law to enforce this Interlocal
7
Agreement including, but not limited to, actions arising from the
breach of any provision set forth herein.
ARTICLE 11: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk
of the Circuit Court in and for Palm Beach County.
ARTICLE 12: INDEMNIFICATION
Within the extent permitted by law, SCHOOL DISTRICT shall indemnify
and hold COUNTY harmless from and against any and all loss, suit,
action, legal or administrative proceeding, claim, demand, damage,
liability, interest, reasonable attorney's fee, cost and/or expense
of whatsoever kind or nature arising in any manner directly or
indirectly related to the performance of this Interlocal Agreement.
However, SCHOOL DISTRICT does not indemnify the COUNTY from and
against any and all loss, suit, action, legal or administrative
.proceeding, claim, demand, damage, liability, interest, reasonable
attorney's fee, cost and/or expense due to the COUNTY's negligence,
nor shall the liability limits set forth in Section 768.28, Florida
Statutes, be waived. Section 768.28, Florida Statues, shall
control all issues including indemnification.
ARTICLE 13: INSURANCE
SCHOOL DISTRICT shall, during the term of this Interlocal Agreement
and any extension thereof, maintain in full force and effect
Commercial General Liability insurance (including Contractual
Liability and Completed Operations Liability) in the amount
specified in Section 768.28, Florida Statutes, to specifically
cover all exposures associated with the Project and terms and
conditions of this Interlocal Agreement. In addition, at all times
during construction of the Project, SCHOOL DISTRICT shall maintain,
as far as is available, Builders Risk Insurance in the amount equal
to the total construction cost of the Project. Further, SCHOOL
DISTRICT shall, upon completion of construction, maintain, as far
as is available, Property Insurance (All-Risk) to include fire,
windstorm and flood damage (if in a mandatory flood zone) in an
amount sufficient for the total replacement of the Project.
Prior to commencement of construction, SCHOOL DISTRICT shall
provide a Certificate of Insurance evidencing insurance coverage as
required herein. All insurance to be maintained by SCHOOL DISTRICT
shall specifically include the COUNTY as an "Additional Insured"
and shall also provide that no material change or cancellation of
the insurance shall be effective without thirty (30) days prior
written notice to the COUNTY's Representative. Compliance with the
8
foregoing requirements shall not relieve SCHOOL DISTRICT of its
liability and obligations under this Interlocal Agreement.
ARTICLE 14: CAPTIONS
The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
ARTICLE 15: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the
application thereof to any person or circumstance, shall to any
extent be held invalid or unenforceable, the remainder of this
Interlocal Agreement, or the application of such term or provision,
to any person or circumstance other than those as to which it is
held invalid or unenforceable, shall not be affected, and every
other term and provision of this Interlocal Agreement shall be
deemed valid and enforceable to the extent permitted by law.
-.ARTICLE 16: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding
between the COUNTY and SCHOOL DISTRICT, and supersedes all other
negotiations, representations or agreements, either written or
oral, relating to this Interlocal Agreement. None of the
provisions, terms and conditions contained in this Interlocal
Agreement may 'be 'added to, modified, superseded or otherwise
altered, except by written instrument executed by the parties
hereto.
IN WITNESS WHEREOF, the parties have caused this Interlocal
Agreement to be executed on the day and year first above written.
ATTEST: PALM BEACH COUNTY, BY ITS BOARD
DOROTHY H. WILKEN, CLERK OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chair
WITNESSES: SCHOOL DISTRICT OF PALM BEACH
COUNTY
By:
A~X~.~_ O~ ~@,~ Chair
~VED... AS TO F_GRM~AND~
SchOol Di~s'tri~t At~rney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
9
T R A N S M I T T A L
Pages(including this cover, sheet): ' ~ . , , "
SCHOOL BOARD Special
PALM BEACH COUNTY
'FLORIDA
P~ANNING
AND
REAL ESTATE
3320 FO:REST HILL BLVD
S~ITE C-331
WES3: PALM BEACH ~~V~
FLORIDA 33~OG.G813 ~~
06/17/96 MON 14:31 [TX/RX NO 6933]
FROM PLANNING & RE~LESTATE 05. 17. 199& 05:32 P. 2
Is Ins me ~ Prepared
add.~14~ ~wmed ~:
~e' F~] D~ or Palm Beach ~un~
3]1~ Fomt HIll Bouleva~
W~g Palm: Bea~, Florida 33~-58 i 3
INTERLOC~L ~GREEMENT BETWEEN THE SCHOOL DiSTRtCT
OF PALM B~CH COUNTY AND THE CiTY OF DELRAY B~CH
THIS ~GREEMENT, entered Into this day of , 1996, between the
SCI~IOOL DISTRICT OF PAL/Vt BEACH COUNTY, FLORIDA, a corporate body politic pursuant
to tj~e Constitution of the State of Florida, (hereinafter referred to as "SCHOOL DISTRICT") and
the'.CITY OF DELRAY BEACH, a Florida municipal Corporation, (hereinafter referred to as
WITNE$SETH:
WHERliAS, it is the Intent of the SCHOOL DISTRICT and the CITY to encourase and
ensbre cooperation between and amon$ the local $overnmental entities to provide for the
coo)'dlnatK~n Of development activities of units of local 8overnment; and
~ wNEREA$, the SCHOOL DISTRICT is the controllin$ body of the Public Schools of Palm
BeaCh County,i Florida, and owns and operate schools in the City of Delray Beach; and
". ~ WHI':RI~&S, the SCHOOL DISTRICT and the CITY recognize the needs, on occasion, to
utilize the facilities of the other, thereby minimlzin8 the duplication of facilities; and
· WHEREAS; the CITY under its powers, desires that its residents have reasonable use of
certain parts of the school facilities when not in use for educational or prosram purposes
established by the SCHOOL DISTRICT; and
: wHEReAS, the CITY, and the SCHOOL DISTRICT, have entered Into a collaborative
effort ~o ac~. uire real property, consistlng of 4.3? acres of land, more particularly described on
Exhtbi! "A": attqched hereto and by this reference incorporated herein (hereafter referred to as
the pROPERTY); and
Ht\d~. %M)51%doc~p'eemt\DelrayBe,Ad~ ICH:hr 6117196
06/17/96 MON 14:31 [TX/RX NO 6933]
FROM PLRNNING & R~LEST~TE 06. 17. 199G 0~:~2 P. 3
' ' ' i wHEI~EAS, the School District will develop the PROPERTY for certain athletic and
' paiking faculties, more particularly described on Exhibit "B" and by this reference incorporated
heleln (herelr~afler referred to as the FACILITIES); and
I
WHEREAS, the SCHOOL DISTRICT will own and operate the FACILITIES; and
WHEREAS, the CITY, and the SCHOOL DISTRICT will share in the cost of acquiring
PROPERTY and developing the FACILITIES and in consideration thereafter will share In the use
of t"hese FACILITIES when not In use for educational programs as established by the SCHOOL
:. WHEREAS, the CITY, and the SCHOOL DISTRICT are desirous of enterin$ Into this
agreement for the acquisition and development of the PROPERTY located at 25XX Seacrest
.Bot~levard, Delray Beach, Florida, for athletic facilities and parking to be Jointly used by both
parties.
i NOW~ THEREFORE, in consideration of the promises contained herein, the parties agree
as fpllows:
A. 'The above recitals are true and correct and are incorporated
herein by reference.
B. The acquisition of the PROPERTY and the program herein
described shall be called the Seacrest Project.
C. The CITY asrees to acquire the PROPERTY and convey the PROPERTY to the
SCHOOL DISTRICT for the project. The CITY agrees to convey the PROPERTY
'to the SCHOOL DISTRICT free and clear of all improvements described herein
as underground tanks, hydraulic systems, building concrete pads, and asphalt not
deemed suitable by the CITY and the SCHOOL DISTRICT for intermediate use.
.Further, the City shall provide the School District with title search evidence
acceptable to the School District. In return, the SCHOOL DISTRICT agrees to
'provide the CITY limited use of the facility, as described herein.
D..The SCHOOL DISTRICT will provide the balance of funds necessary to complete
:Phase I and all the funding associated with Phase II, in accordance with the Palm
8each County School District Board Report '11-B4 dated April 10, ~ 996, attached
hereto as Exhibit "B".
fl:\d~, \q~ 5 i\~l\DelrWnI,At.h ICH,bt' 6/17/96
06/17/96 ]/ON 14:31 [TX/RX NO 6933]
FROM PLANNING & RE~LEST'~TE ~6.17. 199& e~:~3 P-
E. Phase I of the project will be completed within two (2) years of the date of
execution of this agreement and the conveyance of the PROPERTY to the
SCHOOL DISTRICT.
F.Phase II will be started within three (3) years from the completion of Phase I.
G. The SCHOOL DISTRICT agrees to make the FACILITY available on a schedule
mutually agreed to by Atlantic High School and the CITY of Delray Beach.
Further, the CITY will be afforded the use of the gymnasium three (3) days per
week from 6:00 p.m. - 10:00 p.m. and on Saturdays from 10:00 a.m. - 2:00 p.m.
for community use (youth and adult basketball, volleyball, etc.) unless there is
a specified tournament scheduled.
H. The DISTRICT will reimburse the CITY for appraisals, demolition costs and
environmental studies conducted in conjunction with the acquisition of the
subject PROPERTY in an amount not to exceed $7,500, within 120 days of
conveyance of the deed to the SCHOOL DISTRICT by the CITY. Upon receipt
of anticipated foundation finds, the DISTRICT will pay an additional amount to
the CITY not t° exceed $25,000.
The PROPERTY and the proposed FACILITIES will remain in the ownership of the
SCHOOL DISTRICT OF PALM BEACH COUNTY; and subject to all terms and conditions
imposei:l thereby.
Funding for the PROJECT will be provided by the CITY and SCHOOL DISTRICT. Phase
I funding is to be provided, as follows, with the execution of this agreement:
1. 'CITY OF DELRAY BEACH .... $400,000
2. :SCHOOL DISTRICT - Balance of Phase I Costs
Fundin$ for Phase I! will be provided by the SCHOOL DISTRICT. The specific amounts
and allocation of same will be incorporated as an addendum to this agreement.
:Uses of Prooertv
A. !Use of Athletic Facilities .. The SCHOOL DISTRICT agrees to permit the CITY in
accordance with the prescribed procedures and conditions set forth herein, and
without prior approval to utilize Its athletic facilities and buildings. Each party
Shall be responsible for its utilities cost associated herewith.
H:\d~gq~ S l\dec~4teemt\Deb'~yBe.Ath ]CH~bf 6/17/96
06/17/96 MON 14:3! [TX/l~X NO 8933]
FROM pLRNNING
- * B. ) Procedure for Reque~ting Uie of a Facility - All requests by the CiTY for the use
of the FACILITIES other than specified herein will be initiated by the Dire~or of
the CITY Recreation depa~ment and dire~ed to the Principal of Atlantic High
School. The Principal will evaluate the request and approve if the faciliW is not
othe~lse in school use except as othe~ise specified herein.
C. Notice - The CITY and the SCHOOL DISTRICT agree to provide adequate notice,
regarding the use of the FACILITIES. Notice may be in the form of a Khedule
of activities; memorandum or other written form, outUnin8 the date, time and
faciliW needed. Adequate notice is deemed to be ten (10) days prior to the date
needed. In the event of scheduling confli~s, the facili~'s owners schedule wiiJ
prevail if an alternative ~nnot be agreed upon, except as specified in paragraph
D. Adequate Supervidon and Student Conduct - Both pa~ies agree to provide
adequate supewision at all times, taking into consideration the type of activities
planned, when using t~e FACILITIES. Student conduct and discipline at the
FACILITIES shall be governed by SCHOOL DISTRICT Policy Chapter 5.18.
copy of SCHOOL DISTRI~ Po;iW C~apter 5.18 being a~ac~ed hereto as Exhibit
E. Manner of Use; Cleanup - The CiTY and the SCHOOL DISTRICT agree to utilize
the FACILITIES and equipment in the manner, and to the extent and degree
· intended for the particularJy facility or equipment in use and fu~her agree to
'leave the FACILITIES and equipment in a clean and orderly condition upon
~leavin8 the FACILITIES.
F. .Vandalism to Facilitl~ When In Use Purguant to this ~reement - The CITY
afrees to be responsible for vandalism occurring to the FACILITIES during the
~perlods the FACILITIES are used by the CITY. The SCHOOL DISTRI~ agrees
to be responsible for vandalism occurring to the FACILITIES during the periods
the FACILITIES are used by the SCHOOL DISTRICT. The SCHOOL DISTRICT
shall cause such repairs to be made as necessary to correct the damage and
~ubmit an itemized invoice to the CI~ for damafes incurred during their
respe~ive use of the facili~ and all damages shall be paid within 90 days of
receipt of the invoice for the damages.
H:~da~5 ! ~~lr~le~th ICH:bi 6117/96
' ..... 06/17/96 ~0N 14:31 [TX/RX NO 6933]
FROM ~LRNNIN6 & R~gLES~RTE 06. Z?.1996 0~:~ P 6
V. : F~cllitv Maintenance
The maintenance responsibilities for the FACILITIES described herein will be
assumed by SCHOOL DISTRICT.
The SCHOOL DISTRICT will be responsible for securing the FACILITIES on a daily
basis.
~Vil. ~
The .CITY recognizes its liability for certain tortious acts of its ,,Bents, officers,
employees and Invitees to the extent and limit provided in Chapter 768.28, Florida
Statues, for the period of time the CITY is using the FACILITIES, provided however~
that this provision shall not be construed as a waiver of any risht or defense which
the CITY may possess, an it reserves all such rights against any and all claims that
'may be brought against it under this Agreement.
Any modifications to this Agreement shall be In writing and approved by the parties'
.resl~ective governing bodies.
iX. This Asreement shall become effective upon approval of both parties, and shall continue
for 'thirty years (30) with two five (S) year renewals upon mutual consent of both parties.
A. All notices herein required, permitted to be given to or served upon either party shall
be in writing. Any such notice shall be deemed sufficiently 81yen or served, if served
personally, sent Certified Mall by the United States Mail, or by any nationally
rec0Bnized overnight carrier to the SCHOOL DISTRICT or the CITY at the address
.set forth as follows:
As tb the School District: SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA
Office of General Counsel
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-5813
Wit~ Copies to: Dr. Joan P. Kowal, Superintendent
3340 Forest Hill Boulevard
West Palm Beach, Florida 3340605869
As t.~ the City: Susan Ruby, City Attorney
City of Delray Beach
100 NW. 1st Avenue
Delray Beach, Florida 33444
H,~da~wpS I \dac~Alreemt~Ddra~e.A~h ~CH~bf 6/17196
~ S
06/17/96 liON 14:31 [TX/RX NO 6933]
FROH P. LRNNIN~ & R'ERLE.~'I:I:ITE 06. 17.~.99& 03::54 P. ?
· With Copies I~o: David Harden, City Manager
': City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Robert A. Barcinski, Assistant City Manager
Cie/of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
B. If any term or provision of this Agreement shall, to any extent, be deemed invalid
: or unenforceable, the remainder of this Agreement shall be valid and shall be
enforced to the fullest extent of the law.
C. 'This Agreement together with any addendum that may now or in the future be
· attached and become a part hereof this Agreement set forth all covenants,
promises, agreements, conditions and understandings between the parties hereto.
There are r~o covenants, promises, agreements, conditions and understandings,
e(ther oral or written, between the parties other than those herein set forth.
Except as herein provided, no subsequent alteration, changes, or additions, shall
be binding the parties, unless and until reduced to writing and signed by both
Parties.
D. This Agreement shall be construed In accordance with the laws of the State of
Florida.
E. This Agreement shall not be construed against the party who drafted the same
as both parties have had experts of their choosing review the adequacy of the
lame.
F. Should any litigation arise under this Agreement venue shall lie in Palm Beach
County FL and the prevailing Party shall be untitled to reasonable Attorney Fees
and court costs.
fl..\di~a\,dl)5 i\i~oc~t~Keem t~DelrayBe.Ach ]CHub( 6/I 7/96
6
06/17/g6 ~ON 14:3! [TX/RX NO 6933]
FROM, P*LRNN]HG & RERI-E$'I~FITE 06. 17. 199£ e:~ ~4 p. e
IIq WITNESS WHEREOF, this ^sieement has been executed by the parties herein on
th~ day afld ~ear first above wri~en.
i i SCHOOL DISTRICT OF PALM BEACH
S 8~ed in thee presence of two witnesses COUNTY, FLORIDA
,.
* ...... Sandra Richmond, Chakman -"
Attest:
....... Dr. Joan P. Kowal0 Superlnt~ndem
ST~T.E OF FLORIDA
COUNTY OF iPALM BEACH
: I HERE'BY CERTIFY that on this date before me, an officer duly authorized In the Stale
and Count~ first name above to take acknowledsements personally appeared Sandra Richmond,
Ch~ir~erson and Secretary, Dr. Joan P. Kowal ot' the SCHOOL BOARD OF PALM BEACH
CO~NT~, Florida and they acknowledsed before me that they executed the foresoln8
inst~'ument as Said officers and that they also affixed thereto the of'fl¢ia~ seal of the SCHOOl.
cou .
~ $WOSffi TO ~nd ~ub~crib~d b~fore me thi~ . day of ,
Slsned In the presence of ~o witnesses CITY OF DEL~Y B~CH
, Mayor Jay Alprln
. ~ ...... Attest: ....
~ Cl~y Cle~
My ~o~mlsslon E~pims:
Nota~ Fubllc
H:\cbr~\~51 ~cl~c~lreem ~%gelrzyBe,Ath ]CH:bf 6117196
7
06/17/96 lION 14:31 [TX/RX NO 6933]
FROM FLRHHIH~ & RERLESTRTE e6. 17. 1996 e3=~4 P. 9
j * I HER BY CERTIFY that on this date before me, an officer duly authorized In the State
an~ County aforesaid to take acknowledgements personally appear~ Jay Alprin as Mayor, and
G~endolyn ~. Davis, as Ci~ Clerk of the CI~ OF DEL~Y BEACH, Florida, and they
a~nowledged before me ~at they execumd the foregoing instrument as said officers of the CI~
an~ that they also affixed thereto the o~clal seal of the CI~ OF DELRAY BEACH.
SWORN TO and subscribed before me this ~ day of _ ~, 1996.
APPROVED AS TO FORM APPROVED AS TO FORM
' Susan Ruby - City Attorney ....
Ib~ben A, ROslIIo - School District Attorney
' (Notary Seal)
My ~.~tnml~slon Expires:
Nota~, Public :
·
H:\d~ .wi) S 1%doc~4reemt'~l~r,-ayb. Ath ]CHsb! 6/17/96
8
06/17/96 ~ON 14:31 [TX/EX NO 8933]
CITY I]F i)ELRAY BEACH
CITY ATTORNEY'S OFFICE
I:,&C$I~d~,E 4i/;'/L'/~?~ Writer's Direct Line: (407) 243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
~ ~ TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Sublease and Management Agreements with the Friends of Sandoway House
Attached please find the proposed Sublease and Managemem Agreemems between the City
and the Friends of Sandoway House. The agreements provide as follows:
The Friends of Sandoway shall be responsible for
· repair and maintenance of all portions of the interior of the building
· payment of all utility costs including deposits and payment of any costs associated
with sewer or water connections
· installation and maintenance of a security system as well as a fire sprinkler and alarm
system for the house
repair and maintenance of the pool
· repair and maintenance of the HVAC system
The City shall be responsible for -
· the landscape, irrigation, walkway and path maimenance
· exterior building maintenance including the roof once the exterior of the building
has been renovated and brought up to standards by the Friends of Sandoway
· building permit costs
· purchase and installation of an HVAC system
Furthermore, any maintenance/repair/replacement item not specifically mentioned or
expressly reserved to the City shall be the responsibility of the Friends of Sandoway.
The Friends of Sandoway shall be responsible for the renovation of the house into a nature
educational center and for the staff required to operate the nature educational center.
Printed on Recycled Paper
By copy of this memorandum to David Harden, City Manager, our office requests that these
agreements be placed on the June 18, 1996 City Commission agenda. Please call if you have
any questions.
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harry, City Clerk
SUBLEASE AGREEMENT
BETWEEN
CITY OF DELRAY BEACH, FLORIDA
AND
THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.
TABLE OF CONTENTS
PAGE
ARTICLE I BASIC LEASE PROVISIONS
1.01 Premises 1
1.02 Length of Term and Commencement Date 1
ARTICLE II RENT
2.01 Annual Rent 2
ARTICLE HI CONDUCT OF BUSINESS AND USE OF
PREMISES BY SUBLESSEE
3.01 Use 2
3.02 Conduct 2
3.03 Alterations by Sublessee 3
3.04 Hazardous Substances 3
ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES
4.01 Responsibilities of Sublessee and Lessee 4
4.02 Lessee's Right to Inspect and Repair 5
ARTICLE V UTILITIES AND SERVICES
5.01 Responsibility of Sublessee 5
ARTICLE VI INSURANCE
6.01 Insurance by Sublessee 5
6.02 Personal Property 6
6.03 Indemnification 6
ARTICLE VH DESTRUCTION OR CONDEMNATION
OF PREMISES
7.01 Damage or Destruction by Fire, War
or Act of God 6
ARTICLE VHI DEFAULT
8.01 Default by Sublessee 7
TABLE OF CONTENTS
PAGE
8.02 Default by Lessee 7
ARTICLE IX ANNUAL BUDGETARY FUNDING/
CANCELLATION/PROPERTY TRANSFER
9.01 Appropriations 7
ARTICLE X QUIET ENJOYMENT
10.01 Lessee's Covenant 8
ARTICLE XI SURRENDER, HOLDOVER
11.01 Surrender of Premises 8
11.02 Holdover 8
ARTICLE XII MISCELLANEOUS
12.01 Notices and Consents 8
12.02 Severability 9
12.03 No Recording 9
12.04 Venue 9
12.05 Captions - Recitals 9
12.06 No Representations- Entire Agreement 10
12.07 Time of the Essence 10
12.08 No Assignment or Subletting or
Licensing of Premises 10
12.09 Radon 10
12. l0 Benefit and Binding Effect 10
12.11 Change of Ownership of Premises 10
12.12 Management Agreement 10
12.13 Parking 11
12.14 Existing Occupancy Agreement 11
12.15 Approvals 11
Exhibit "A" Collectively referred to as
the Premises
Exhibit "B" Insurance Requirements
SUBLEASE AGREEMENT
THIS SUBLEASE is made and entered into this ~ day of ,
199, by and between the CITY OF DELRAY BEACH, FLORIDA, hereinai~er referred to as
the "Lessee", and THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.,
hereinai~er referred to as "Sublessee".
WITNESSETH:
WHEREAS, Palm Beach County, (the "Owner"), purchased the Sandoway House on July
25, 1995 and then leased the premises to the Lessee under the terms of a Lease Agreement,
(Resolution Number 1C05-993D); and
WHEREAS, the Lessee and Owner will receive a grant from the Florida Communities
Trust ("FCT") and this grant will be governed by a Conceptual Approval Agreement, Grant
Award Agreement, and FCT approved Management Plan; and
WHEREAS, Lessee desires to sublease the premises located at 142 South Ocean
Boulevard, Delray Beach, referred to as the Sandoway House, to the Sublessee to be used solely
and exclusively for public purposes, which shall include educational purposes, provided that there
is no conflict with the purposes set forth herein and the Lease Agreement, Conceptual Approval
Agreement, Grant Award Agreement and FCT approved Management Plan.
NOW, THEREFORE, it is hereby mutually covenanted and agreed by and between the
parties hereto that this Sublease is made upon the agreements, terms, covenants and conditions
hereinafter set forth.
ARTICLE I
BASIC SUBLEASE PROVISIONS
1.01 Premises
In consideration of the rents, covenants and agreements hereinat~er reserved and contained
on the part of the Sublessee to be observed and performed, the Lessee demises and subleases to
the Sublessee, and Sublessee rents from Lessee, the existing building and other improvements
leased by the Lessee and comprising the Sandoway House at 142 South Ocean Boulevard, Delray
Beach, Florida and demises and subleases the house with the surrounding property, collectively
referred to as the "Premises", as more particularly described in Exhibit "A".
1.02 Length of Term and Commencement Date
The Term of this Sublease shall commence on January 1, 1997 (the Commencement
Date"), unless otherwise requested by the Sublessee. The Term shall extend for the same period
of time as the Lease between the Owner and the Lessee, including any amendments granting any
extensions in time, unless sooner terminated pursuant to the provisions of this Sublease. If the
Lessee's lease with Palm Beach County is terminated this shall cause this Sublease to
automatically terminate.
This Sublease shall terminate upon Sublessee's failure to comply with each and every
requirement imposed upon Sublessee under the terms o£this Sublease.
ARTICLE H
RENT
2.01 Annual Rent
The Rent payable annually in advance by Sublessee for the Term of this Sublease for the
use and occupancy of the Premises is One ($1.00) Dollar per annum. Sublessee is a tax exempt
entity as evidenced by tax exemption # 65-0603775. No sales or use tax shall be included or
charged with Rent or any other payment required of Sublessee pursuant to this Sublease, unless
required by law. If so required, the Sublessee shall pay for such taxes for prior or future years, all
as may be required by law and any other taxes, special assessments or other charges assessed on
the property. Payment of Rent will be mailed to Lessee as stated in Section 12.01 of this
Sublease.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY SUBLESSEE
3.01 Use
Sublessee shall use and occupy the Premises for the purpose of maintaining a nature and
educational center in a historic setting and for providing nature/educational/historical programs
and for other public purposes with attendant offices and meeting rooms necessary to provide
nature and educational programs. The Sublessee shall not use the premises for any purpose that
conflicts with the purposes set forth herein and in the Lease Agreement between the Owner and
the Lessee or in the Conceptual Approval Agreement or Grant Award Agreement between the
Lessee and FCT or in the Management Plan. Sublessee shall not use the premises for any other
purpose or use whatsoever, without the prior written consent of the Lessee. The Sublessee may
operate a gift shop on the premises provided that any profit or proceeds from the gift shop shall
be used solely for the upkeep, rehabilitation or support of the Sandoway House. The Sublessee
may also hold fundraising activities on the premises provided that any proceeds from the
fundraising activities shall be used solely for the upkeep, rehabilitation or support of the
Sandoway House.
3.02 Conduct
Sublessee shall not commit waste on the Premises, nor maintain, commit or permit the
maintenance or commission of a nuisance thereon, or use the Premises for an unlawful purpose or
unpermitted purpose. Sublessee acknowledges that its employees and the Premises shall
2
throughout the Term of this Sublease be in full compliance with all Federal, State, County, laws,
ordinances, rules and regulations applicable to residents of the City, and all City ordinances, rules
and regulations as may be amended fi.om time to time.
3.0:t Alterations by Sublessee
Sublessee agrees to perform, at its own cost and expense, all work necessary to fully equip
and maintain the Premises for Sublessee's permitted use of the Premises as specified in Section
3.01 of the Sublease, except, for Lessee obligations listed in Section 4.0103) of this Agreement.
Any installation, alteration, addition, improvement or other physical change ("Alteration")
requiring a building permit in or about the Premises by the Sublessee shall require the prior
written consent of Lessee whose consent shall not be unreasonably withheld. Sublessee shall
submit plans for Lessees approval of all alterations. In accordance with the provisions of the
Lease between the Owner and the Lessee, the Owner must also give its consent for alterations
over $25,000.00. Upon granting their consent, Lessee or Owner shall specify whether the
Alteration is to be removed by Sublessee, at Sublessee's sole cost and expense, upon the
expiration of the Term of this Sublease. In the event a construction lien is filed against the
premises, Sublessee shall comply with all applicable provisions of Florida Statutes, Chapter 713,
Part I. Sublessee, within thirty (30) days after notice fi.om the Lessee, shall discharge, or shall
have the mechanics lien transferred to bond, any mechanic's liens for materials or labor claimed to
have been furnished to the Premises on the Sublessee's behalf and to indemnify, defend and save
Lessee and Owner harmless fi.om and against any damage or loss incurred by the Lessee or Owner
as a result of any such construction lien. All alterations, additions, improvements, decorations or
installations, including but not limited to, partitions, railings, (except movable furniture and
fixtures put in at the expense of Sublessee and removable without defacing or injuring the
Building or the Premises), shall become the property of Lessee or Owner at the termination of the
Sublease Term.
3.04 Hazardous Substances
Sublessee shall not use, store or dispose of any "Hazardous Substances" on the Premises,
any chemical, material or substance, including petroleum products, the handling, storage,
transportation, disposal of or exposure to which is prohibited, limited, or regulated by any federal,
state, county, regional or local authority. In the event of accident or discovery of such storage or
disposal, Sublessee shall immediately report such occurrence to Lessee, indicating what is being
stored or disposed of, and what actions Sublessee is undertaking to remove said hazardous
substances or petroleum products. Sublessee agrees to indemnify, defend and save harmless the
Lessee and Owner fi.om and against any claim, damage or loss incurred by Lessee or Owner as a
result of the storage, disposal, exposure or transportation of the aforementioned hazardous
substances and petroleum products.
ARTICLE IV
REPAIR AND MAINTENANCE OF PREMISES
4.01 Responsibilities of Sublessee and Lessee
(A) Sublessee at its sole cost and expense, shall be responsible for the
following:
(1) the repair and maintenance of all portions of the interior of the building,
including but not limited to providing any floor covering or repair of the floor
or repair and replacement of the floor covering, any window repair or
replacement as well as any painting, electrical or plumbing work, pest control
and janitorial services, and annual termite protection
(2) the payment of all utility costs including deposits, payment of any costs
associated with the repair or replacement of any sewer or water connections or
lines on the premises
(3) the installation and maintenance of a security system as well as a fire sprinkler
and fire alarm system for the house
(4) the repair and maintenance of the pool located on the property
(5) the repair and maintenance of the HVAC system
03) Lessee shall be responsible for the following:
(1) the landscape, irrigation, walkway and path maintenance, exterior lighting
(2) the exterior building maintenance including the roof, once the exterior of the
building has been renovated and brought up to standards by the Sublessee
(3) the building permit costs
(4) the purchase and installation of an I-IVAC system
Any maintenance/repair/replacement item not specifically mentioned or expressly reserved to the
Lessee shall be the responsibility of the Sublessee.
(C) If the Lessee or Sublessee shall fail to properly repair or maintain any item required to be
repaired or maintained by Lessee or the Sublessee under this Sublease or fails to perform or pay
for services or utilities as required by this Sublease, within thirty (30) days of notice fi.om the
other party of the need for such repair, maintenance, performance or payment, the Lessee or
Sublessee, may complete such repairs, perform the necessary maintenance, or provide or pay for
services or utilities and Lessee or Sublessee shall reimburse the other party for all reasonable
4
expenses incurred by Lessee or Sublessee in doing so. If the Sublessee fails to respond within
thirty (30) days of notice from Lessee of the need for replacement of any item required to be
replaced, by setting forth a reasonable schedule for replacement acceptable to Lessee, the Lessee
at its sole discretion shall undertake the replacement thereof and the Sublessee shah reimburse the
Lessee for all expenses incurred by Lessee in doing so.
4.02 Lessee's Right to Inspect and Repair
The Lessee or the Lessee's agents shall have the fight upon reasonable prior notice to the
Sublessee (except that no notice need be given in case of emergency) to enter the Premises for the
purposes stated in Paragraph 3.01 and for the purpose of inspection and maintenance of, or the
making of repairs to the Premises, which are Lessee's responsibility hereunder or which Lessee
has the right to perform pursuant to Paragraph 4.01, or for the purpose of complying with laws,
ordinances, rules, regulations or other requirements of government authorities. Any such
entrance into the Premises shall be conducted by Lessee in a manner calculated to minimize inter-
ference with or disruption of Sublessee's operations within the Premises.
ARTICLE V
UTILITIES AND SERVICES
5.01 Responsibility of Sublessee
Sublessee shall supply at its cost and expense separate meters, if required, for measuring
electricity and water used or consumed as a result of Sublessee's use of the Premises. Sublessee
agrees to pay all charges for electricity and water or any other utilities used or consumed as a
result of the use of the Premises, including the cost of outside lighting of the Premises, by
contracting directly with the utility company furnishing such utilities to the Premises. The
Sublessee shall remove its refuse and rubbish from the Premises from which it will be removed at
the expense of Sublessee. Sublessee shah be responsible for all garbage and trash removal fees
and charges including but not limited to all fees and charges submitted by the Solid Waste
Authority for solid waste 8enerated from the Premises. The Sublessee at its expense shall
contract for all janitorial services in and about the Premises and shall cause all portions of the
Premises to be regularly cleaned. The Sublessee at its expense shall contract for all pest control
services in and about the Premises. Sublessee shall also pay any monthly monitoring costs
associated with a security system for the Premises.
ARTICLE VI
INSURANCE
6.01 Insurance by Sublessee
During the entire Term of this Sublease or any renewal thereof, Sublessee shah provide
insurance as shown in Exhibit "B", listing the Lessee and the Owner as additional insureds.
Sublessee shall also provide appropriate insurance for any personnel or employees that will be
working on the Premises.
Property Insurance is furnished by the Owner under the terms of the Lease Agreement and
shall cover the structure, but not the contents of the Sandoway House.
6.02 Personal Property
All of Sublessee's personal property placed or moved in or on the Premises shall be at the
risk of the Sublessee or owner of the personal property thereof. Except as otherwise provided
herein, Lessee shall not be liable for any damage to said personal property, except to the extent
caused by Lessee, Lessees agents' or employees' willful or sole negligent acts or omissions.
6.03 Indemnification
Sublessee shall indemnify and save harmless the Lessee and Owner, their officers, agents
and employees from and against any and all claims, suits, actions, damages and/or causes of action
arising during the Term of this Sublease or any renewal thereof, for any personal injury, loss of
life and/or damage to property sustained in or about the Premises by reason or as a result of the
use and occupancy of the Premises by the Sublessee, its agents, employees, licensees and invitees
and the general public and from and against any orders, judgments, and/or decrees which may be
entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in
and about the defense of any such claim. Said indemnification by Sublessee shall not include
indemnification for claims, damages, loss, or liabilities which are judicially determined to arise out
of the sole negligence or willful misconduct of the Lessee or Owner, their officers, employees or
agents. In the event that the Lessee or Owner is made a party to any litigation commenced
against the Sublessee or by the Sublessee against any party, then Sublessee shall indemnify,
protect, hold harmless and pay all costs and attorneys fees incurred by Lessee or Owner in
connection with the litigation and any appeals thereof. Nothing herein shall constitute a waiver of
sovereign immunity of the Lessee or Owner.
ARTICLE VII
DESTRUCTION OR CONDEMNATION OF PREMISES
7.01 Damage or Destruction by Fire, War, or Act of God
In the event the Premises shall be destroyed or so damaged or injured by fire, flood or
other casualty during the Term of this Sublease or any extension thereof, whereby the same shall
be rendered untenable, in whole or in part then the Lessee at its sole option may terminate the
Sublease or may permit the Sublessee to commence restoration thereof within one hundred
twenty (120) days and thereafter diligently pursue the restoration to completion. In the event of
any such casualty Sublessee fails to complete restoration or replacement within a reasonable
period of time, the Lessee may, in its sole discretion grant an extension of time or terminate the
Sublease, and Lessee may complete the restoration or replacement and Sublessee shall reimburse
the Lessee for all costs and expenses in doing so. In the event Lessee or Sublessee elects to
terminate this Sublease, instead of permitting the Sublessee to replace or restore the premises, -
both parties shall be relieved of all further obligations hereunder. The cancellation herein
mentioned shall be evidenced in writing.
6
ARTICLE VIII
DEFAULT
8.01 Default by Sublessee
The occurrence of any one or more of the following shall constitute an Event of Default
by Sublessee under this Sublease: (i) Sublessee shall fail to perform or observe any of the
agreements, covenants or conditions contained in the Sublease on Sublessee's part to be
performed or observed and such failure shall continue for more than thirty (30) days alter notice;
(ii) Sublessee shall vacate or abandon the Premises; or (iii) Sublessee's leasehold estate shall be
taken by execution, attachment or process of law. If any Event of Default occurs, then, at any
time thereafter while the Event of Default continues, Lessee shall have the right, at its own option,
to either cure the default and Sublessee shall reimburse Lessee for all expenses incurred by Lessee
in doing so or may give Sublessee notice that Lessee intends to terminate this Sublease upon a
specified date no less than three (3) days after the date the notice is received by Sublessee, and
this Sublease shah then expire on the date specified as if that date had been originally fixed as the
expiration date of the Term of this Sublease. If, however, the default is cured within the three (3)
day period or the Sublessee commences to cure the default within the three day period and
thereafter diligently pursues such cure and the Lessee is so notified, this Sublease will continue,
provided the cure is perfected within a reasonable time or within the time as may be provided by
the Sublease.
8.02 Default by Lessee
Lessee shah be in default of this Sublease if Lessee shall fail to observe or perform any
term, covenant or conditiOn of this Sublease on the Lessee's part to be observed or performed,
and the Lessee shah fail to remedy same within thirty (30) days after notice from Sublessee. In
the event the default is of such nature that it cannot by reasonably cured within the foregoing
thirty (30) day period, Lessee shall be entitled to a reasonable period of time under the
circumstances in which to cure said default, provided that Lessee diligently proceeds with the
curing' of the default. In the event that the default is not cured by Lessee within the foregoing
time period, Sublessee, at Sublessee's option, may cure either said default and Lessee shah
reimburse Sublessee for aH expenses incurred by Sublessee in doing so, or Sublessee may give to
the Lessee a three (3) day notice specifying that the Sublessee intends to terminate this Sublease.
Upon receipt of said notice and expiration of the three (3) day time period, this Sublease and aH
obligations of Sublessee hereunder shah terminate and Sublessee shall thereupon be relieved of ah
further obligations hereunder.
ARTICLE IX
ANNUAL BUDGETARY FUNDING/CANCELLATION/PROPERTY TRANSFER
9.01 Appropriations
The Term of this Sublease and the Lessee's responsibilities hereunder shah be subject to
annual budgetary funding by the Lessee.
ARTICLE X
QUIET ENJOYMENT
10.01 Lessee's Covenant
Upon payment by the Sublessee of the Rent and other charges herein provided, and upon
the observance and performance of all the covenants, terms and conditions on Sublessee's part to
be observed and performed, Sublessee shall peaceably and quietly hold and enjoy the Premises for
the Term hereby demised without hindrance or interruption, subject to the Terms of this Sublease.
ARTICLE XI
SURRENDEIL, HOLDOVER
11.01 Surrender of Premises
Upon expiration of the Term, the Sublessee shall, subject to the provisions of Section 3.03
of this Sublease, remove at its own cost and expense, its personal property, trade fixtures and
equipment and shall deliver the Premises to Lessee in good repair and condition, excepting
reasonable wear and tear arising fi.om Sublessee's permitted use of the Premises.
11.02 Holdover
Any holdover by Sublessee, with or without the consent of Lessee, at the expiration of this
Sublease, shall create a new tenancy from month-to-month between Lessee and Sublessee which
shall be subject to all terms and conditions hereof. This holding over shall not result in renewal or
extension of this Sublease.
ARTICLE XH
MISCELLANEOUS
12.01 Notices and Consents
Any consents, approvals and permissions by the Lessee shah be effective and valid only if
in writing and any notice by either party to the other shall be in writing and shall be deemed to be
duly given only if mailed prepaid by certified mail, return receipt requested addressed:
(a) if to the Lessee at:
City Manager
100 N.W. 1 st Avenue
Delray Beach, FL 33444
with a copy to:
Office of the City Attorney
200 N.W. 1st Avenue
Dekay Beach, FL 33444
8
Co) if to the Sublessee at:
The Friends of Sandoway House Nature Center, Inc.
P.O. Box 73
Dekay Beach, FL 33447-0073
(c) if to Owner at:
Palm Beach County
Property & Real Estate Management Division
3323 Belvedere Road
Building 503
West Palm Beach, FL 33406
Or at such other addresses as the Lessee, Sublessee or the Owner, respectively, may designate in
writing.
12.02 Severability
If any term of this Sublease or the application thereof to any person or circumstances, shall
to any extent be invalid or unenforceable, the remainder of this Sublease, or the application of
such term to persons or circumstances other than those as to which it is invalid or unenforceable,
shall not be affected thereby, and each term of this Sublease, shall be valid and enforceable to the
fullest extent permitted by law.
12.03 No Recording
Lessee and Sublessee covenant, warrant and agree that neither this Sublease, nor any
memorandum, provision or part hereof, shall be recorded in the public records of any county of
any state, including without limitation, the public land records of Palm Beach County, Florida.
12.04 Venue
This Sublease shall be governed by and interpreted according to the laws of the State of
Florida. To the extent allowed by law, the venue for any action arising out of or from this
Sublease shall be in Palm Beach County, Florida.
12.05 Captions - Recitals
The captions in this Sublease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Sublease or any of its provisions.
The Recitals contained on page one of the lease are hereby incorporated as if set forth
fully herein.
9
12.06 No Representations - Entire Agreement
This Sublease constitutes all agreements, conditions and understanding between Lessee
and Sublessee concerning the Premises. All representations, either oral or written, shall be
deemed to be merged into this Sublease. Except as herein otherwise provided, no subsequent
alteration, waiver, change or addition to this Sublease shall be binding upon Lessee or Sublessee
unless reduced to writing and signed by them.
12.07 Time of the Essence
Time is of the essence with respect to each provision of this Sublease which requires that
action be taken by either party within a stated time period, or upon a specified date. Any
reference to a certain number of days shall be deemed to be calendar days. Any time period
provided herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m.
EST of the next business day.
12.08 No Assignment or Subletting or Licensing of Premises
Sublessee shall not assign, sublet nor license the Premises.
12.09 Radon
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient qualities, may present health risks to persons who are exposed to it over time. Levels
of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from the public health
urdt.
12.10 Benefit and Binding Effect
This Sublease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives and assigns of the parties hereto.
12.11 Change of Ownership of Premises
If the ownership of the Premises is transferred to the Lessee at any time during the term of
the Sublease Agreement the Sublease Agreement shall continue with the same force and effect as
herein provided. If the transfer occurs this Sublease Agreement shall become a Lease Agreement
and the City shall be referred to as the "Owner" and the Friends of Sandoway House Nature
Center shall be referred to as the "Lessee".
12.12 Management Agreement
The Management Agreement between the Lessee and the Sublessee is hereby incorporated
into the Sublease Agreement and to what extent, if any, the Management Agreement cortflicts
10
with the Sublease Agreement, the terms and conditions of the Management Agreement shall
prevail.
12.13 Parking
The Lessee shah provide reasonable parking for the Sandoway House at its discretion.
12.14 Existing Occupancy Agreement
This Sublease Agreement shall not affect the terms and conditions of the Occupancy
Agreement that is in effect between the Lessee and Officer Pitocchelli.
12.15 Approvals
This Sublease Agreement shall be subject to approval from Palm Beach County and FCT
in accordance with previously executed agreements.
IN WITNESS WHEREOF, the parties hereto have duly executed this Sublease as of the
date set forth above.
ATTEST: LESSEE:
CITY OF DELRAY BEACH
By:
City Clerk Mayor
Approved as to form and legal
sufficiency:
City Attorney
WITNESSES: SUBLESSEE:
THE FRIENDS OF SANDOWAY
HOUSE NATURE CENTER, INC.
(Print or Type Name)
By:
Carolyn Patton, President
(Print or Type Name)
11
.. C~enoin~ a~ ~he An~aFsao~ion o~ ~a WesCe~ bo~da~ Xina o~
~ean Boul~a~ (a~a~e Road A-I-A) wi~h the No~ ~ine o~ ~ach ~
24~ pla~ o~ ~e ~ra~on~l Eas~ 1/2 o~ se~on lS, ~sh~p 465,
~enco S~e=ly along sa~d Wes~ bounda~ line o~ Oce~ ~uleva~,
parallel ~o said Ho~ line o~ Beach ~ 24, a dis~n~t og 2~S.06
~ee~ ~o a Po~: ~en~e Sou~he~l~ naming an an~Xe ~i~
pnoed~ng oou~se o~ 0~e37' neaau~e~ ~on Ease Co Sou~h;
73.03 ree~ ~o a Point: ~hence ~asCe~l~ pa~ul~e~ ~o gaud no~ l~ne
o~ ba~ ~ 34~ ~ dts~nce o~ 209.01 ~ee~ ~o t ~n~; sa~d point
berg tn Wes~e~ bounda~ l~ne o~ Oaean Soulovu~; ~h~ae
alo~ su~d bounda~ l~nm n distance o~ 73.45 ~ou~ ~o ~t ~o~n~ O~
A. Public Liability Insurance: Sublessee shall maintain public liability insurance in
coverage limits of no less than one million dollars ($1,000,000.00) combined single limit for
bodily injury and 'property damage liability.
B. Workers Compensation Insurance: Sublessee shall maintain Workers
Compensation coverage in an mount equal to the statutory limits of employers liability.
C. Automobile Liability Insurance: Sublessee shall maintain automobile liability
insurance in the amount of one million dollars ($1,000,000.00) if and when the Sublessee owns or
leases any automobiles.
D. Professional Liability Insurance: Sublessee shall require all design professionals
engaged in restoration and renovation of the property to have professional liability insurance in an
amount acceptable to the Lessee.
E. The Lessee and Owner shall be named as additional insureds on the policies
required in Paragraphs & C and D of Exhibit "B".
F. Sublessee shall submit insurance certificates evidencing insurance of the type and
amount as stated above or otherwise agreed to by the parties.
G. Sublessee shall provide certificates of insurance which shall give the Lessee and
Owner thirty (30) days written notice of cancellation.
MANAGEMENT AGREEMENT FRIENDS OF
SANDOWAY HOUSE NATURE CENTEI~ INC.
THIS AGREEMENT, made and entered into at Delray Beach, Florida, on the ~ day
of , 1996, by and between the City of Delray Beach, Florida, a
Florida municipal corporation, hereinafter referred to as the "City" and Friends of Sandoway
House Nature Center, Inc., a non-profit Florida corporation, hereina~er referred to as "Friends of
Sandoway".
WHEREAS, the City has leased the Sandoway House fi.om Palm Beach County, which is
to be restored, in accordance with the Secretary of the Interior Standards for Rehabilitation of a
Historic Structure, and converted into a nature education center to provide educational, cultural
and scientific activities; and,
WHEREAS, Friends of Sandoway was organized under the laws of the State of Florida as
a non-profit corporation for the purpose of subleasing, restoring, developing and operating the
nature center; and,
WHEREAS, the City and Friends of Sandoway desire to confirm and clarify the
organizational, operational and oversight procedures as to Friends of Sandoway's responsibility
for operation of the facility, including, but not limited to the establishment of budgets, the
submission of state and federal grants, the solicitation of private grants and donations, the
determination and establishment of programs by Friends of Sandoway and the renovation and
maintenance by Friends of Sandoway; and to clarify the procedures regarding maintenance of the
exterior site by the City pursuant to the Sublease.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,
STIPULATIONS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS
FOLLOWS:
1. The above WHEREAS clauses are true and correct and are incorporated herein by
reference.
2. Board of Directors - Friends of Sandoway shall be governed by the voting
members of the Board of Directors. The Board of Directors shall be selected and perform all
duties and responsibilities pursuant to the Articles of Incorporation and By=laws of Friends of
Sandoway, as they now exist or as they may be amended bom time to time.
(a) All meetings of the Board of Directors shall be duly advertised and open to
the public in accordance with the State of Florida Open Meetings Law. A record of all meetings
shall be kept and open to the public. The City representative shall be notified in writing one week
prior to all meetings.
3. Subcommittees. The Board of Directors of Friends of Sandoway shall be
empowered to establish such committees as deemed necessary per the Articles of Incorporation
and By-Laws of Friends of Sandoway as they now exist or as they may be amended f~om time to
time.
4. Director. Friends of Sandoway shall have an Executive Director (hereinafter
called "Director"). The Director shall manage and administer the operation of the facilities. All
activities of the Director shall be subject to the review, policies, procedures and approval of the
Board of Directors of Friends of Sandoway (hereinafter referred to as "Board of Directors"). The
Director may not be appointed until operations have commenced at the Sandoway House.
2
5. Personnel and Services. Friends of Sandoway through its Board of Directors shall
have sole discretion over the employment of full and part-time staff; including the employment of
the Executive Director and all ancillary staff. Friends of Sandoway shall be responsible for
providing all personnel required to carry out its activities, except as may be voluntarily provided
by the City. Friends of Sandoway will provide the City with adequate notice of need for City
assistance to carry out their responsibilifes. The City shall have the right, upon approval of the
Friends of Sandoway, which approval shall not be unreasonably withheld, and upon reasonable
prior written notice, to schedule meetings or events as space is available at no rental charge to the
City. The City will assume set up and clean up responsibilities for said events or meetings.
6. City Representative. The City shall designate a representative of the City who
shall be given notice of all meetings of the Board of Directors and who shall be encouraged to
attend all meetings as a non-voting member. Friends of Sandoway shall be given written notice of
the name of the City Representative.
7. Contact Person. Friends of Sandoway shall designate the Director and a board
member to serve as a liaison between Friends of Sandoway and the City. The City shall designate
an Assistant City Manager, or other such designee of the City Manager as the City's contact
person. The City Manager shall notify Friends of Sandoway, in writing, of such appointment.
8. Management. The Board of Directors, either itself or through various bommittees,
shall be responsible for:
(a) Financial affairs which shall include, but not be limited to, proposed
budgets, expenses, membership income, donations, grants, and subsidies.
(b) Property management which shall include, but not be limited to, matters
relating to upkeep, repairs, capital improvements, security, interior maintenance, alterations,
restoration and renovation or any other such changes to the house. Property management matters
requiring a building permit shall require the prior written consent of the City and any alterations in
which the value exceeds $25,000.00 must also have the approval of Palm Beach County. The
City is responsible for all of those items appearing in Section 4.01(B) of the Sublease Agreement.
(c) Programming matters, including exhibits as well as coordinating and
scheduling the use of the facilities by other educational or nature organizations, community or
dvic groups and governmental bodies. Friends of Sandoway shall present to the City a copy of
Friends of Sandoway budget for each fiscal year.
(d) Fund raising from both public and private sources.
(e) Submission of applications for grants.
(f) Management, maintenance, and operation of the property to the extent
required under the Sublease with the City.
(g) Employment of all personnel.
9. Project Administration.
(a) By the execution of this Managemem Agreement between the parties,
Friends of Sandoway shall be the project administrator for the restoration of the Sandoway House
into the Sandoway House Nature Center. As such, Friends of Sandoway shall have the following
authority:
(1) Act as owner between all consultants, architects, engineers, and
contractors for the project;
4
(2) Develop and manage all fund-raising campaigns for the renovation
funds and annual sustaining funds;
(3) Develop and manage all grant proposals (City, County, State,
Corporate and Foundations) with annual reporting to the City for the renovation fund and annual
sustaining funds;
(4) Develop all design documents in conjunction with the architects of
record;
(5) Develop site landscaping design with the landscape architect of
record;
(b) Friends of Sandoway shall abide by all applicable Florida, State, County
and Municipal laws, ordinances roles and regulations.
10. Grounds and Building Operations. Friends of Sandoway shall perform its portion
of grounds and building operations to the extent set forth in the Sublease. Pursuant to the
Sublease, Friends of Sandoway shall be responsible for the renovation of the structure and
bringing it up to current standards, all interior maintenance, pool maintenance, I-IVAC
maintenance, and all other aspects of property management and maintenance except that the City
shall be responsible for landscape, paths, walkway and irrigation maintenance, exterior lighting,
exterior maintenance after the house has been renovated, building permit costs, and the purchase
and installation of a I-IVAC system. It is explicitly agreed that among other things, that the duty
of Friends of Sandoway shall include furnishing all necessary janitorial and cleaning services,
security, pest control service, annual termite protection, care and maintenance of the structures
located on the property, renovation of the structures, and that Friends of Sandoway shall pay all
charges for telephone, water, sewer, gas, electricity and any and all other such utilities as may be
used in connection with the property. Friends of Sandoway shall pay any taxes for personal
property improvements owned by Friends of Sandoway. The Friends of Sandoway shall follow all
applicable laws, ordinances and regulations in the procurement and disposal of saltwater for any
saltwater reef exhibits that will be located on the premises.
11. Budget. The Director, in consultation with the Board of Directors and in any
established financial committee, shall be responsible for recommending a proposed budget to the
Board of Directors which will set forth, in a detailed form, all anticipated income and expenses.
(a) Prior to final approval and adoption of the budget by the Board of
Directors, the proposed budget shall be submitted to the City for their review and
recommendations. The Director shall be responsible for the administration of the budget subject
to oversight by the appropriate committees.
(b) A copy of the approved annual budget shall be submitted to the City by
May 1 st of each year. The budget shall delineate sources of revenues and expense items and shall
show prior year actual expenses and revenue as of April 1 st of each year.
(c) Friends of Sandoway shall make all requests for funding of money fi.om the
City, or for a contribution of services or materials fi.om the City within the City's budget
deadlines, except for unforeseen and unanticipated matters.
(d) There shall be no comment as to City funds or assistance until the
annual budget of the City has been approved by the City Commission.
(e) Friends of Sandoway shall have prime responsibility for obtaining funds for
the budget fi.om members, fund raising events, private grants, private donations and local, state
6
and federal government sources. The City agrees to cooperate and reasonably assist Friends of
Sandoway in obtaining funds in the form of grants and subsidies by reasonably prompt execution
of documents required to obtain grants and subsidies.
(f) Friends of Sandoway shall provide the City quarterly accounting of the
revenues and disbursements of any and all funds including grant funds, received or disbursed by
Friends of Sandoway.
(g) Friends of Sandoway shall make available to the City copies of all Grant
related documentation, to include, but not be limited to: applications, approvals, agreements,
audits and related correspondence.
12. Financial Provisions.
(a) Fiscal year. Friends of Sandoway shall establish a fiscal year which
coincides with its by-laws and articles of incorporation.
(b) General Financial Provision.
(1) Friends of Sandoway shall have the authority to establish necessary
banking accounts in its own name and to make cash disbursements.
(2) Friends of Sandoway shall make an annual report to the City
Commissioners of the City for all receipts and disbursements of City funds, all bond proceeds,
grants, subsidies and private donations of any kind or sort whatsoever. Such repons and
accounting shall be furnished no later that one hundred twenty days (120) days subsequent to the
close of Friends of Sandoway fiscal year.
7
(c) The City shall, at all times, have the right to audit all records of Friends of'
Sandoway. Friends of Sandoway shall comply with the same records retention regulations as
prescribed by the State of Florida.
13. Admissions and Charges. Subject to the approval of the City Manager and
ratification of the City Commission as to admissions policies, the Board of Directors shall be
empowered to establish and collect admission prices and charges. This paragraph shall in no way
be construed to require the Friends of Sandoway to charge an admission.
14. Term of Agreement. The term of this Agreement shall commence and terminate in
accordance with term of the Sublease. However, this Management Agreement shall be reviewed
annually by the parties hereto.
15. Modification. No amendment or modification to this Agreement shall be effective
unless in writing and signed by each of the parties hereto.
16. Conflicts. Pursuant to Section 12.12 of the Sublease, this Management Agreement
is hereby incorporated within the Sublease Agreement and to the extent that there may be any
express conflicts with the terms and conditions of the Sublease Agreement, the terms and
conditions of the Management Agreement shall prevail. To the extent of any conflict between this
Agreement and the Lease Agreement between Palm Beach County and the City or the Conceptual
Approval Agreement, Grant Award Agreement or Management Plan between the City and FCT,
the provisions of the latter Agreements shall prevail over this Agreement.
17. Liability_. No contract executed by Friends of Sandoway for any obligation
incurred by Friends of Sandoway shall be binding upon the City, unless specifically approved by
the City Commission of the City of Delray Beach. Whenever City funds appropriated to Friends
of Sandoway for the Nature Center are to be expended, the Board of Directors shall comply with
the formal bid requirements of the City.
18. Encumbrances. Friends of Sandoway shall not be authorized to mortgage, or
otherwise impair or encumber the title to the Sandoway house property as such is described in the
Sublease Agreement.
19. Assignment. This Agreement may not be assigned without the written consent of
the parties hereto.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Say Alperin, Mayor
Approved as to Form:
City Attorney
WITNESSES: FRIENDS OF SANDOWAY HOUSE
NATURE CENTER, INC.
By:
Carolyn Patton, President
(Please Type or Print Name)
(Please Type or Print Name)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ 1
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 18, 1996
REPORT FROM BRAHM DUBIN CONCERNING THE PALM ACTS CONTRACT
DATE: JUNE 14, 1996
Mr. Dubin will present his recommendations on Tuesday night.
ref: agmemo3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT.' AG1E~XlE~ T~I~IVl # ~ - REGU-J_AR IvI~ET~NG OF ~ 18, 1996
FI~ P~T/S~~ A~ ~ ~P~T
~ 14, 1996
This is before the Commission to consider final plat approval for Stratford
Atta Bowe Replat, a minor subdivision that creates two lots from three
existing lots. One of the new lots will be non-conforming as to width.
The subject property is located at the southeast corner of Swinton Avenue
and N.E. 3rd Street.
In October, 1995, an historic structure was relocated to the existing Lot 1
and a small portion of existing Lot 2. This will become Lot 1 of the
replat and will contain a lot area of 11,120 square feet (80 ft. width by
139 ft. depth). The remainder of existing Lots 2 and 3 are vacant, and
will be replatted as Lot 2 of the subdivision with dimensions of 70 feet by
139 feet for a total lot area of 9,730 square feet. It will be
non-conforming with respect to width (70 feet vs. 80 feet). However, both
Lots 1 and 2 of the replat will exceed the 8,000 sqp3are foot lot area
requirement of the Old School Square Historic Arts District (OSSHAD).
Staff notes that the size of both the proposed lots exceeds that of many of
the lots located in the general vicinity. Given the reduction of overall
lots from three to two, dimensional restrictions of the 150 foot width, and
compatibility with adjacent lots, the required finding that it is necessary
and appropriate to create a non-conformity can be justified. The replat is
a minor subdivision and does not require review by the Planning and Zoning
Board.
Recommend approval of the Stratford Atta Bowe Replat, with a finding that
it is necessary and appropriate to create a non-conforming lot (Lot 2)
based upon the existence of similarly sized lots and the variation of lot
sizes along Swinton Avenue, and the reduction from three lots to two for
the property included in the replat.
ref:agmemol3
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
PLANNER
SUBJECT: MEETING OF JUNE 18, 1996
STRATFORD ATTA BOWE REPLAT (SOUTHEAST CORNER OF N.E
3RD STREET AND SWINTON AVENUE)
The action requested of the City Commission is that of approval of the replat of Lots 1,
2, 3, and a portion of an abandoned alleyway located in Block 66, Town of Delray. The
subject property is located at the southeast corner of N.E. 3rd Street and Swinton
Avenue.
This replat is being processed pursuant to LDR Section 2.4.5(K), Minor Subdivisions.
The proposed replat of the subject property creates two lots from three existing lots. A
historic structure, relocated from 15 N.W. 1st Street in October, 1995, is located on the
existing Lot 1 and a small portion of existing Lot 2. The remainder of Lots 2 and 3 are
vacant. One of the lots to be created (Lot 2) will be non-conforming with respect to
width (70' versus 80'). Pursuant to LDR Section 4.3.1(D), lots shall meet the minimum
requirements established unless the City Commission declares at the time of an
associated development application that it is necessary and appropriate to create
such a nonconformity.
The property is currently platted as three 50' x 131' lots. This depth, in connection with
1/2 of the adjacent abandoned alley (Resolution #2-70) results in a total lot depth of
139'.
City Commission Documentation
Stratford Atta Bowe Plat
Page 2
The proposal is to replat the three lots into two lots (see plat exhibit). Lot I will be 80' x
139' and contain a lot area of 11,120 sq. ft., and Lot 2 will be 70' x 139' and contain a
lot area of 9,730 sq. ft. Both of the proposed lots will exceed the 8,000 sq. ft. lot area
requirements for the OSSHAD district. Lot 1 meets or exceeds the minimum lot
dimensions of 80' x 100' for the district. Lot 2 will be nonconforming with respect to the
minimum lot width (70' provided where 80' is required).
The applicant has submitted a letter justifying the necessity and appropriateness of
creating a non-conforming lot (see attached copy). The applicant states that "As a
result of moving a historic home to the corner of N.E. 3rd Street and Swinton Avenue,
all of one of the existing 50 foot lots and a portion of a second 50 foot lot was used to
establish the footprint for the home." As a result, a new plat was deemed appropriate
resulting in the remaining portion of the property containing less than 80 feet in width.
The applicant's justification states further that an office building is proposed on Lot 2,
which would be in keeping with the office/residential uses on Swinton.
Staff notes that the size of both the conforming (80') and nonconforming (70') lots
exceed many of the lots located in the vicinity of the subject property. Most of the lots
along N. Swinton Avenue vary greatly, from large estate-type parcels to lots of 50 or 60
feet in width with single family homes. This proposal will establish a single family home
and an office development, both on adequately sized lots. Given the reduction of
overall lots from three to two, dimensional restrictions of the 150' width, and
compatibility with adjacent lots, the required finding can be justified.
· :·:.:·:.:.:·:.:.:.:.:.:.:.:.:.i.i.i.i?i·i·i·i·i.i.i?i.i·i?i.i.i.i·i·i·i.i.i·i.i?:.i?i.i?i.i.i?i·i.i.i?i.i.i·i.i·i.i?i.l.i.i.i·i·i·i·:·:.:.:~:~:.:·:·:·:·:.:.:·:.:~:·:.:·:.:.:.:.:.:.:·:.:·:.~.:.:.:.:.:.:.:.:.:.:.:·:.:.:·:·:·:.:.:.:.:.:·:·:·:.:.:.:.:.:.:.:.:.:.:.:.:·:·:.:.:·:.:·:·:·:.:.:.:.:·:·:·:·:.:.:.:.:.:·:·:.:.:.:.:.:.:·:·:·:.:.:.:.:.:·:·:·:·:.:.:.:.:.:·:·:·:·:.:.:·:.:.:.:·:.:.:·:.:.:.:.:·:.:.:.:.:.:·:.:·:·:·:.:.:·:.:.:.:~:.:.:.:.:.:.:.:·:·:·:·:·:.:·:·:.:.:~:.:·:.:·
~NNIN~ ~ND Z~NING B~R~D ~HSIDE~;I~N
The Stratford Atta Bowe replat is considered a minor subdivision, thus Planning and
Zoning Board review is not required.
A. Continue with direction.
B. Make a finding that is necessary and appropriate to create a non-conforming lot (Lot
2) based upon similar lot sizes along N. Swinton Avenue and approve the Stratford
Atta Bowe replat as submitted; or
C. Deny the Stratford Atta Bowe replat based upon a determination that a non-
conforming lot would be created, and it has not been demonstrated that it is
necessary and appropriate to accommodate the request.
City Commission Documentation
Stratford Atta Bowe Plat
Page 3
Make a finding that it is necessary and appropriate to create a non-conforming lot
(Lot 2) based upon the existence of similarly sized lots along N. Swinton Avenue,
the variation of lot sizes along Swinton Avenue, and the reduction from three lots to
two, and approve the Stratford Atta Bowe replat as submitted.
Attachments:
· Location Map
· Reduced Plat
· Reduced Survey
· Applicant's Letter of Justification
TRINITY ~
L U THERA N
L A K E I D A R 0 A D N.E. 4TH ST
CASON
METHODIST
CHURCH
N.W. 3RD ST. N.E. 3RD ST.
CITY
ATTORNEY ~ ,,11 I I
MARTIN LUTHER KING dR. BLVD, N.E. 2ND ST.
CITY --
HALL __
L
N.W. 1ST ST. N.E. 1ST ST.
COMMUNITY
CENTER OLD
SCHOOL
I SQUARE
TENNIS
ATLANTIC AVENUE
COMPLEX COUNTY
COURT
STRATFORD ATTA BOWE
PLANNING DEPARTMENT
CITY OF DELRAY BEACH, FL
-- DIG/1AL BASE MAP SYSTEM --
MAP REF: LM074
'VICINITY MAP LEGEND ...
~or 1o SCALE R.LS.. REGIS'IF. RED LAND SURVEYOR
~1 ~'-~ sc-crlo~ com,~R P. FLM= PERMANENT REFERE~CE MONUMENT
~. ~FO~IO BRA.~ DISC .
;139.00'
h LOT g BLOCK 66
SUEmVtS~ON OF
PARCEl- 1: ~
J ~q OF .4J. LEY F~R I~=S~I,.U330N NUU
~ZIO, PAGE 17'~i OF ]HE PtJmUC REC~ OE
~ ~ ~ ~. LOTlO BLOCK66
· · P(.ATBOOK ~.PAGEll
Z'~ ~..~ 6UelXI~ION OF BI. OCK M
" 184o OF:'II~E REtaRDS OF pal.14 BEACI( 00<1 rl~'.
PARCEL 2. RECORD': OF pALIX EF.~GH COUNTY, ~ ~
~ lOT 11 BLOCK66
139.00'
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CONC~b'-~E MONUMERT
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SURVEYORS HOTE~
" LO'I: 4 BLOC~GG* I) 'I~EREUAYBEADOmOHA~RESTRIG17~THA1
Pt. At' ~I{AT UAy BE FOUI~ IH ~fl~E Ft/SUC flECOR '
SSJOOW~SION OF BLOCK 66 R.OR~A.
P~AT BOOK 2,'P&GE S!
,. SCALE: 1" = 20' F~ i~j~-~..
WEINER & MORICl, P.A.
ATTORNEYS AT LA W
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
ALFRED G. MORICl .. North Palm Beach County: (407) 736-5888
CAROLE ARONSON Broward County: (305) 462-4935
Telecopier: (407) 272-6831
VIA ltAND DELIVERY
May 28, 1996
Ms. Claire Graham
The City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Application for final boundary plat for Stratford Atta Bowe
Our File No.: CKEL(243)009
Dear Ms. Graham:
This letter constitutes a written request for waiver with respect to the lot forParcel 2 of the above-
captioned plat.
I believe you will find under the circumstances that the best approach is to make two lots, one 80 feet
and the other 70 feet. This will allow a more appropriate development on the remaining lot.
The Land Development Regulations of the City of Dekay Beach, Florida under Section 4.3.1 (D) state
that there shall be no yard or lot below certain minimum dimension except that the City Commission
declares at the time of the approval of an associated development application that it is necessary and
appropriate to create such an non-conformity.
In this instance, the property located at N.E. 3rd Street and Swinton Avenue was originally platted
as three (3) separate lots 50 feet in width. As a result of moving a historic home and preventing its
demolition to the comer of N.E. 3rd Street and Swinton Avenue, all of one of the 50 foot lots and
a portion of a second 50 foot lot was used to establish the footprint for the home.
Ms. Claire Graham
Page 2 .,.
May 28, 1996
Our File No.: CREL(243)009
Under those circumstances, a new plat was most appropriate and the remaining portion of the
property was less than 80 feet in width. However, the remaining property does contain approximately~
9,100 square feet, more than the minimum property size. However, it would not have the required
front yard width. Under those circumstances, it is necessary and appropriate to create a non-
conformity allowing its future development.
As to the second lot, I am enclosing a sketch of for mn office building. This de,~el'0.p~nt-w'euld~e
in keeping with the office/residential use on the first four blocks of Swinton and would 'carry the
development further down the street towards Lake Ida Boulevard which is being increased to four
(4) lanes. I believe you will find it to be a significant contribution to Delray Beach, Florida providing
for additional development in the Pineapple Grove area.
I would be happ~o discuss these matters with you further.
Very trul'.
'
Enclosure
cc: Mr. Fred Griffith
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~' - MEETING OF JUNE 18, 1996
SETTLEMENT/BENSON V. CITY
DATE: JUNE 14, 1996
This is before the Commission to consider settlement of the
wrongful death lawsuit filed against the City on behalf of the
estate of Amelia Benson who drowned off of Delray's Municipal
Beach on March 30, 1995.
I am convinced that our lifeguards responded to this situation in
an admirable manner and did everything that could be done to save
Mrs. Benson. Because it is possible for us to have been
negligent in this situation, I can understand why our attorneys
and risk manager recommend that we accept this settlement offer.
It does cost us less than continuing our defense and it avoids
the risks inherent in a jury trial. Nevertheless, I feel that by
accepting this settlement offer, we are rewarding the attorney
for filing a baseless lawsuit against us. My preference would be
to reject this offer for settlement.
CITY OF DELRIlY BE;iCH
CITY ATTORNEY'S OFFICE
Y A ~:: i ~, i i~ 'c,_ ~ 07: 7 ~ ,. 475 ~', Writer's Direct Line: (407) 243-7091
DELRAY BEACH
Ail.America City MEMORANDUM
7993 TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Settlement ofBenson v. City of Delray Beach
Amelia Benson drowned off of Delray's Municipal Beach on March 30, 1995 and a
wrongful death lawsuit was filed against the City by the Personal Representative of her
estate on behalf of the estate and certain beneficiaries.
The Personal Representative, through his attorney, has offered to settle this case for
$7500.00, which includes all attorney's fees and costs. The complaint filed by the Personal
Representative alleges negligence on the part of the City for failure to rescue Mrs. Benson.
Our initial investigation at this early stage in the litigation has not revealed any negligence
on the part of the City. Allegations were made in the complaint that one of Mrs. Benson's
children is disabled and financially dependent upon Mrs. Benson, which may have some jury
appeal in this case. The total amount that could be recovered by the Personal
Representative, if he is successful at trial, is $200,000 under sovereign immunity. The cost
of defending this lawsuit would result in a greater cost to the City than the settlement
amount. There would be no admission of liability and a decision to settle would be based
upon the fact that by settling the lawsuit the City would not incur future defense expenses
that would exceed the settlement amount.
If the Commission accepts this offer, the City Attorney's Office will obtain a complete
release from Mrs. Benson's Personal Representative for all the claims. Frank Babin, Risk
Manager, concurs in this settlement agreement. Our office recommends acceptance of this
offer.
Please call if you have any questions.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Frank Babin, Risk Manager
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ ~' - REGULAR MEETING OF JUNE 18, 1996
SETI~.~NT OFFER/GLORIA KEISER V. CITY
DATE: JUNE 14, 1996
This is before the Commission to consider settlement of the referenced case
in the amount of $5,000.00. The City Attorney's office recommends
approval.
I am strongly opposed to approving this settlement. It involves a
situation where a vehicle entered into a public street from a private
driveway at which a stop sign was missing. It is not the City's
responsibility to maintain stop signs at private entrances to City streets.
Recommend denial of the settlement offer.
ref: agmemol 4
£1TY OF DELRAY BERgH
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~;~
SUBJECT: Offer of Settlement - Gloria Keiser v. City. of Delray Beach
Mediation in the above-referenced case was held Monday, June 3, 1996. This case
arises out of an automobile accident on Dixie Highway on the west side of the Delray
Beach Mall in 1992. Gloria Keiser is the personal representative for the estate of Morris
Menachem, the driver of one of the vehicles. Mr. Menachem died as a result of the
accident.
Mrs. Keiser's complaint alleged that the City and the Delray Beach Mall failed to
properly maintain the intersection at which the accident occurred due to a missing stop
sign. Our office argued that the stop sign was not the City's responsibility. On two
occasions, the court denied the City's motion for summary .judgment. The court stated
that who maintained the stop sign was an issue a jury would have to decide. At
mediation, the parties agreed to settle all matters in this action for $5,000.00. The
Plaintiff is paying her own attorney's fees and costs. Our office recommends approval.
The other automobile involved in the accident was driven by Lucrecia Cuervo Granados.
Her claim is still outstanding. We will keep you informed as to the progress of her case.
Please call if you have any questions.
DNT:smk
cc: David T. Harden, City Manager
Susan A. Ruby, City Attorney
Sharon Morgan, City Clerk's Office
Frank Babin, Risk Manager
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
S JECT: AGENDA ITEM # 9S - MEETING OF
CONTRACT ADDITION/LAKE IDA ROAD WATER MAIN
DATE: JUNE 14, 1996
This is before the Commission to consider approval of a contract
addition in the amount of $60,554.50 to the City's interlocal
agreement with Palm Beach County for the relocation of utility
mains in conjunction with the County's widening of Lake Ida Road
between Congress Avenue and N.E. 2nd Avenue.
The additional work consists of sleeves and services to
accommodate median irrigation and reinforcement of gravity
sewers, upgrading a six inch water main between Swinton Avenue
and the easterly construction limit.
Funding is available from Renewal and Replacement - Lake Ida Line
Relocation (Account No. 442-5178-536-61.85), and East Lake Ida
Beautification/Landscaping (Account No. 334-4144-572-63.31)
through budget transfer from Renewal and Replacement - Water
Distribution Improvements (Account No. 442-5178-536-61.78).
Recommend approval of a contract addition to the City's inter-
local agreement with Palm Beach County.
Agenda Item No. 7/-7
AGENDA REOUEST
Date: June 11, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: June 18,1996
Description of item (who, what, where, how much): Staff requests
Commission approval of a Contract Addition in the amount of S60.554.50
ko the City's agreement with Palm Beach County for improvements to Lake
Ida Road. between Congress Avenue and N.E. 2nd Avenue. The additional
work consists of sleeves and services to accommodate median irrigation
and reinforcement of gravity sewers with ductile iron pipe at drainage
crossings for a cost of S13.764.50. The remaining 546.790.00 is for
upgrading a 6" water main. between Swinton Avenue and the easterly
construction limit (approx. 940 L.F.). The existing main is too shallow
to accommodate road construction and has lead filled joints, which can
increase levels of the contaminant in the water system. Funding is
from R, & R, account ~44~-5178-5~6-61.85, Lake Ida Road Line
Relocation.557.110.00 Project No. 91-003.2 (budget transfer attached)and
334-4144-572-63.31. East Lake Ida Beau~ificatioD/Lands~aping 53.444.50
ORDINANCE/RESOLUTION REQUIRED: YES'%RAFT ATTACHED YES~]~'
Recommendation: Staff recomme~ds~oroval ~~arac~t Addition.
1 7-
Department head slgnature:C.~
Dete~ination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available~/N~
Funding alternatives ~/~ {if applicable)
Account No. & Description~P~77~-~-3~/~q~/~
Account Balance ~/,~95~
City Manager Review:
Approved for agenda:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FRO M: Rich ar dC. H as ko,
Asst. City Engineer[/9/~'
DATE: June 14, 1996
SUBJECT: Lake Ida Road/N.E. 4th Street Widening Contract Addition
Project No. 91-003.2
During the course of construction of the subject project, the City was notified by the County's contractor
that the existing 6" water main in the N.E. 4th Street right-of-way, between Swinton Ave. and N.E. 3rd
Ave., was very shallow and would hinder the roadway construction unless it was relocated. Site inspection
by City staff verified that the main in that area is 12" to 18" deep and will conflict with roadway
con~tmction. Aggravating the situation is the fact that service taps on the existing cast iron main were
made vertically on the top of the main, thereby reducing the cover on the pipe even more.
We have received a total cost of $46,790.00 from Smith & Company, Inc., the County's contractor, for
replacing the 940' line segment with 8" ductile iron from Swinton Ave. easterly to the project construction
limit of the alley, between N.E. 2nd Ave. and N.E. 3rd Ave. We are recommending this upgrade rather
than adjusting the existing main, since the existing main has lead filled joints, which can cause higher
levels of lead in the potable water system. We are recommending the use of ductile iron pipe, because the
water main is under the roadway for its entire length.
In addition, supplementary construction scope has been added to the project, between Congress Ave. and
Swinton Ave., to accommodate median irrigation requirements and reinforcement of sanitary sewer lines at
storm drainage crossings using ductile iron pipe. Total cost for these required additions is $13,764.50.
The total contract addition for the water main upgrade east of Swinton Ave., and supplementary
requirements to the west is $60,554.50. Funding is from R. & R. account #442-5178-536-61.85, Lake Ida
Line Relocation, (budget transfer attached), $57,110.00 and 334-4144-572,63.31, East Lake Ida
Beautiful/Landscaping $3444.50.
Please place this item on the June 18 Commission Agenda for consideration by City Commission.
DH:mm
cc: William H. Greenwood, Dir. of Environmental Services
File: Project No. 91-003.2 (D)
MEMO611.DOC
mith &
June 6,1996
Mr. Robert Phillips
City of Delray Beach
434 S. Swinton Avenue ,~ \
Delray Beach, Florida 33444
Re: Lake Ida Road
S.C.I. Project No. 95513
8" DIP East of N.E. 2nd Avenue
8" Water Main Replacement
Dear Bob:
Our price to install the 8' DIP east of N.E. 2nd Avenue is as follows:
1. 8" CL52 DIP 200 If @ 24.00 - $ 4,800.00
2. 6" CL52 DIP 10 If @ 20.00 = 200.00
3. 8" RS Gate Valve 2 ea@ 550.00 = 1,100.00
4. 6" RD Gate Valve 1 ea@ 450.00 = 450.00
5. Fittings 1 Is @ 1,640.00 = 1,640.00
6. Sample Points 2 ea @ 150.00 - 300.00
7. Double Service 1 ea@ 520.00: 520.00
8. Connections 2 ea@ 1,200.00 = 2,400.00
9. 6" Line Stop 2 ea@ 2,890.00: 5,780.00
10. Layout & Asbuilts 1 Is @ 800.00: 800.00
TOTAL $17,990.00
The plan does not indicate how the building on the southeast comer of Lake Ida and N.E.
2nd Avenue is connected to service, so no provision was made to reconnect this building.
1200 Weston Road, 2nd Floor · Weston, FL 33326 · (954) 364-4440 · Fax (954) 364-4449
Page 2
June 6, 1996
Mr. Robed Phillips
Our price to furnish and install the 8" DIP from Swinton Avenue to N.E. 2nd Avenue is as
follows:
1. 8" CL52 DIP 740 If @ 24.00-- $ 17,760.00
2. 10 x 8 Tap Sleeve
& Valve Iea@ 2,200.00 - 2,200.00
3. 8" RS Gate Valve 4 ea@ 550.00 -- 2,200.00
4. Fill/Flush Connection 2 ea@ 475.00 -- 950.00
5. Sample Points 3 ea@ 150.00 = 450.00
6. Reconnect Services4 ea@ 300.00 = 1,200.00
7. New Services 3 ea@ 480.00 - 1,440.00
8. Connection Iea@ 1,200.00 - 1,200.00
9. Layout & Asbuilts 1 Is @ 1,400.00 = 1,400.00
TOTAL $ 28,800.00
Please review these prices and advise if you wish for us to proceed.
Sincerely,
SMITH & COMPANY, INC.
Project Manager
Utility Division
WJS:jw
JL~N-12-1996 08:00 SMITH & COMPANY, INC. 305 846 0905 P.02
mith &
mpany J
Mr. Robert Phillips
City of Delray Beach
434 South Swinton Ave.
Delray Beach, FL
RE: Lake ida Road
Summary of Additional Work
Dear Bob:
As requested the following is a summary of additional work required to date on Palm
Beach County Project ~)502, Lake Ida Road.
Item 1 - Increase water services from 1" to 1 1/2": 5 ~ $400.00 = $2,000.50 additional cost
for services.
Item 2 - Add 415 L.F. 4' P.V.C. irrigation sleeves ~ contract unit price of $8.30 = $3444.50.
Item 3 - Remove and replace 8" clay sewer pipe with ductile iron pipe at all drainage
crossings. 114 L.F. {~ $70.00 = $7980.00
Item 4 - Furnish and install double conflict box (gAB) to encompass 24" and 36" force mains
a{ N.W. 3rd Avenue, $5400.00. This item should negate the need for two - J7T
of ,ach.
Item 5 - Proposed repla(~,rnent of existing 8' water main; $17,990.00 - East of N.E. 2nd
Avenue $28,800.00 - N.E. 2nd to Swinton.
If I can be of any further assistance, please contact me at your earliest convenience.
Dave Bradley
Manager
Utility Division ~.....___..~
120(} WOston Road, 2m:t Floor · Weston, 1PI, 88826 · (9i54) 584-'.'.'.0 * Fax f95'],1 8844449
TOTAL P. 02
FROM THE DESK OF:
Barbara Garito
Agenda Item No. ~
AGENDA REOUEST
Date: June 13, 1996
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: June 18, 1996
Description of item (who, what, where, how much):Staff requests
Commission approval of a contract addition for Golden Eaqle Contractors.
Inc, in the amount of ~64.020.00 for construction of a 16" effluent
reuse line across Atlantic Ave. at Bronson Ave. & Andrews Ave.. and
construction of a 16" tapped connection to the SCRWTDB ocean outfall
line, between the Atlantic Ave. ICWW Bridqe and Venetian Drive to
accommodate a future barrier island reuse system. Fundinq is proposed
from connection fees account #441-5181-536-63.90. Other Improvements
(budget transfer attached).
ORDINANCE/RESOLUTION REQUIRED: YE~DRAFT ATTACHED YES~
Recommendation: Staff recommends approval to avoid future construction
within Atlantic Avenue..~.~_~~ ~ [ i
Department head signature: . 6 ~ ~
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 ~l~ ¢ ~ (if applicable)
Account No. & Description~f- ~7~/- ~ L~. ~/~? [--~4~/37w~AF~? 07~ l~
City Manager Review:
Approved for a~enda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG368613.DOC
MEMOPJtND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'t
SUBJECT: AGENDA ITEM # ~- - MEETING OF JUNE 18, 1996
CONTRACT ADDITION/GOLDEN EAGLE ENGINEERING CONTRACTORS,
INC.
DATE: JUNE 14, 1996
This is before the Commission to consider a contract addition in
the amount of $64,020 and a two week time extension to Golden
Eagle Engineering Contractors, Inc. for installation of piping
within East Atlantic Avenue to be available for future connection
to a proposed barrier island effluent reuse system. Direction to
proceed with this additional work was given at the May 14th
workshop.
This contract addition includes construction of a 16 inch tapped
connection to the existing ocean outfall line between the
Atlantic Avenue bridge and Venetian Drive with valved stubs to
the north and south rights-of-way of Atlantic Avenue. This
connection will provide access to ocean outfall effluent from
both sides of Atlantic Avenue without the need for future
construction within the Atlantic Avenue pavement. In addition, a
16 inch main is proposed to cross Atlantic Avenue at Bronson and
Andrews Avenues in order to have a reuse transmission main
crossing available for future connection without disturbing
Atlantic Avenue paving.
Recommend approval of the contract addition to Golden Eagle
Engineering Contractors, Inc. Funding is available from
Connection Fees - Other Improvements (Account No. 441-5181--536-
63.90) through budget transfer from Connection Fees - Project
Reserve (Account No. 441-5181-536-99.01).
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager .,~/
FROM: Richard C. Hasko, P.E. ,
Asst. City Engineer
DATE: June 13, 1996
SUBJECT: East Atlantic Ave. Contract Addition ( P.N. 93-068)
Provision for Effluent Release System ( P.N. 95-043)
In accordance with direction received from City Commission at the May 21 Workshop
Meeting, we have solicited figures from Golden Eagle Engineering Contractors, Inc., the
contractor for the current East Atlantic Ave. Improvement Project, for installation of
piping within East Atlantic Avenue for future connection to a proposed barrier island
effluent reuse system.
Scope for this contract addition includes construction of a 16" x 30" tap on the existing
30" ocean outfall line, between the Atlantic Ave. bridge and Venetian Dr. with valved
16" stubs to both north and south rights-of-way of Atlantic Ave. This connection will
provide future access to ocean outfall effluent from both sides of Atlantic Ave. without
the need for future construction within the Atlantic Ave. pavement. Cost for this work
totals $45,950.00 (itemized proposal attached). In addition, a 16" main is proposed to
cross Atlantic Ave. at Bronson Ave. and Andrews Ave. to provide a future reuse
transmission main crossing available for connection without disturbing Atlantic Ave.
paving. Cost for this crossing is $18,070.00 (itemized proposal attached).
Total contract addition is $64,020.00 and will require a two week time extension for
project completion. Funding for this addition is proposed from Connection Fees Account
#441-5181-536-63.90, Other Improvements (budget transfer attached).
Please place this item on the June 18 Agenda for consideration by City Commission.
cc: William H. Greenwood, Dir. of Environmental Services
File: Project No. 93-068 and Project No. 95-043 (A)
CONAD613.DOC
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GOLDEN
-- ENGR. CONTR, INC, ~_ ~// 6, 1996
Mr. Howard Wight, Construction Mgr.
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Florida 33444
RE: City of Delray Beach Project/East Atlantic Avenue Beautification (93-68)
Item: Cost Breakdown For Water Line Extension Per Drawing & Details Provided
(Ref: Sheet C16B of 25 & Pages 1/3 thru 3/3)
Gentlemen:
With respect to the above captioned project and item the following details our
cost breakdown for specified items of work per the plan and drawings provided to us
by the City of Delray for this extra work:
1) Maintenance of Traffic 1 LS @ $ 1,500.00 = $ 1,500.00
2) 30" X 16" Tapping Sleeve & Valve 1 EA @ $ 16,500.00 = 16,500.00
3) 16" Plug Valves 2 EA @ $ 4,500.00 = 9,000.00
4) 16" X 16" Tee 1 EA @ $ 1,900.00 = 1,900.00
5) 16" C-900 Pipe 90 LF @ $ 65.00 = 5,850.00
6) 16" Plugs 2 EA @ $ 775.00 = 1,550.00
7) 16" Spool Piece 1 EA @ $ 975.00 = 975.00
8) Testing 1 LS @ $ 300.00 = 300.00
9) 16" - 90 degree 1 EA @ 1,200.00 = 1 200.00
10) Sub-total Costs: = $38,775.00
11) Plus Contractors Overhead/Profit/Administrative/Bond M.U.: = 7,175.00
12) Total Costs Per This Detailed Breakdown: = ~45,950.00 .....
In addition to the above detailed cost breakdown for this extra work, please be
advised that we will require one weeks additional time be added to the original contract
time for allowance for acquisition of materials, scheduling and performance of this
extra work.
Maintenance of traffic items and street repairs, if needed, will be paid at
contract prices. Please review this matter at your earliest possible convenience as
we would need to schedule this work in the immediate future.
HC/hs
CC: Records/Sil/File/Contract Time/Acctg
Fax'd & Mailed
1~02NORTHWEST33RDSTREET-POMPANOBEACH. FLORIDA3~064
(~05) 972-6556--FAX(305)974-39B2
ENGR, CONTR, INC. ~__ ~
Mr. Howard Wight
Construction Manager
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Florida 33444
RE: City of Delray Beach Project/East Atlantic Avenue Beautification (93-68)
ITEM: Cost Breakdown For Water Line Work "Bronson Avenue" Per City's Request
Gentlemen:
With respect to the above captioned project and item the following details our
cost breakdown for specified items of work per the plan and drawings provided by the
City of Delray Beach for this extra work:
1) 16" C-900 Pipe 140 LF @ ~ 65.00 = $ 9,100.00
2) 16" - 45 degree 2 EA @ $ 1,250.00 = 2,500.00
3) 16" Plugs 2 EA @ $ 775.00 = 1,550.00
4) Pressure Test 1 LS @ $ 600.00 = 600.00
5) Maintenance of Traffic 1 LS @ $ 1,500.00 = _. 1,500.00
6) Sub-total Costs: = $ 15,250.00
7) Plus Contractors Overhead/Profit/Administrative/Bond M.U.: =
8) Total Costs Per This Detailed Breakdown: = $ 18,070.00 .....
In addition to the above detailed cost breakdown for this extra work, please be
advised that we will require one weeks additional time be added to the original contract
time for allowance for acquisition of materials, scheduling and performance of this
extra work.
Maintenance of traffic items and street repairs, if needed, will be paid at
contract prices. Please review this matter at your earliest possible convenience as
we would need to schedule this work in the immediate future.
JUN
.C/hs "
CC: Records/Sil/File/Contract Time/Acctg
Fax'd & Mailed
1302 NORTHWEST 33RD STREET- POMPANO BEACH. FLORIDA 33064
(305) 972-6556 -- FAX (305) 974-3982
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~.~f
SUBJECT: AGENDA ITEM # ~ ~-' - MEETING OF JUNE 18, 1996
CONTRACT ADDITION (C.O. #1)/SUNSHINE PAINTING
DATE: JUNE 14, 1996
This is before the Commission to consider Contract Addition (C.O.
#1) in the amount of $187,265.96 and 150 additional calendar days
to the contract with Sunshine Painting. The original contract
provided for filter rehabilitation and for the removal and
installation of filter media for filters 1, 2, 7, and 8. This
contract addition is for adding the remaining four filters (Nos.
3 - 6).
The work is being proposed at this time to take advantage of
existing competitive contract unit pricing and to avoid remobili-
zation costs of rebidding and utilizing another contractor. All
unit prices of the original contract apply to the work included
in this contract addition with the exception of the removal and
installation of filter media. The price increased as a result of
the additional labor and equipment required to perform the work
on the added filters due to their location as compared with the
location of the original filters.
The contract addition also provides for additional pro-rata costs
(2 1/2 percent) for the performance bond premium based on the
adjusted contract amount, and for 150 additional calendar days to
the contract time. Funding is available from Media Replacement -
Water Treatment Plant (Account No. 442-5178-536-61.46) through
budget transfer in the amount of $187,500 from Renewal and
Replacement - Intracoastal Crossing (Account No. 441-5178-536-
61.36).
Recommend approval of Contract Addition (C.O. No. 1) to Sunshine
Painting for filter rehabilitation and media replacement for four
filters at the Water Treatment Plan.
Agenda Item No. ~
AGENDA REOUEST
Date: June 11, 1996
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: June 18, 1996
Description of item (who, what, where, how much): Contract Addition
(C.O. #1) to CEM Enterprises. Inc. dba Sunshine Painting for the Filter
Rehabilitation and Media Replacement (Project No. 94-75). The original
contract provided for filter rehabilitation and media replacement for
filters No. 1. 2. 7 and 8 at the Water Treatment Plant. This Contract
Addition is for adding the remaining filters 3-6 to this Contract.
The work on these filters is proposed at this time to take advantage of
existing competitive Contract unit pricing and to avoid the
remobilization costs of rebidding and utilizing another contractor.
The amount of the Contract Addition (C.O. #1). is an add of ~187.265.96.
Funding is from Acct. No. 442-5178-536-61.46 (Media Replacement - WTP)
as transferred from Acct. No. 442-5178-536-61.63 (Intracoastal Crossing
Replacement). Studies for the Intracoastal Crossings are not complete:
monies for filter rehabilitation is programmed for future fiscal periods
and will be transferred back to the Intracoastal account when studies
are complete and the rehabilitation funds are available.
ORDINANCE/RESOLUTION REQUIRED: ~v
YESZ O DRAFT ATTACHED YE
Recommendation: Commission to app e Contract Addition (C.O. No.
to CEM Enterprises. Inc. dba Sunshin~ Painting,
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~/7~-
Account Balance ~/~Dff~9,
City Manager Review:
Approved for agenda:
Hold ~nt±l:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
Memorandum
To: David T. Harden, City Manager
From: William H__G~g!~nwood, Dir of Environmental
Services
Date: June 11, 1996
Re: Contract Addition (C. O. No. 1) , Filter
Rehabilitation and Media Replacement (Project
94-75)
Attached for Commission approval is an agenda request for a
Contract Addition (C.O. #1) to CEM Enterprises, Inc. dba Sunshine
Painting for the above referenced project. The original Contract
provided for filter rehabilitation and media replacement for
filters No. 1, 2, 7 and 8 at the Water Treatment Plant. This
Contract Addition is for adding the remaining filters 3-6 to the
Contract.
The work on these filters is proposed at this time to take
advadtage of existing competitive Contract unit pricing and to
avoid the remobilization costs of rebidding and utilizing another
contractor.
Ail unit prices of the original Contract apply to the work
included in this Contract Addition with the exception of Item No.
2 (Removal and Installation of Filter Media). Item No. 2 unit
price increased from a lump sum amount of $46,400.00 to
$64,160.00 to account for the additional labor and equipment
required to perform the work on the added filters due to their
location as compared with the location of the original filters.
The Contract Addition also provides for additional pro-rata
monies (2 1/2%) for Performance Bond premium based on the
adjusted Contract amount;and 150 additional calendar days to the
Contract time for execution of the work on filters 3-6.
The amount of the Contract Addition (C. O. #1), is an add of
$187,265.96. Funding is from Acct No. 442-5178-536-61.46 {Media
Replacement - WTP) as transferred from Acct No. 442-5178-536-
61.63 {Intracoastal Crossing Replacement). Studies for the
Intracoastal Crossings are not complete;monies for filter
rehabilitation is programmed for future fiscal periods. Monies
will be transferred back to the the Intracoastal account when
studies are complete and the rehabilitation funds are available.
CC: Howard Wight, Dep Dir Construction
Dick Hasko, P.E., Assistant City Engineer
File: 9475A
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER'NO. 1 PROJECT NO. 94-75 DATE:
PROJECT TITLE: Filter Rehabilitation and Media Replacement
TO CONTRACTOR: CEM Enterprises, Inc. dba Sunshine Painting
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION: Ail amounts below are estimated totals from attached Schedules A and B
attached. Final Contract amount will be based on actual measured quantities based on the
Contract unit prices represented on Schedule A and B.
Filters 1-2 and 7-8 Estimate Final Cost (Schedule 'A') $190,371.50
Addition of Filters 3-6 (Schedule 'B') $223,184.00
Original Contract 7~mount (Schedule 'A' ($230,777.00)
Subtotal $182,698.50
Additional Bond Premium (2.5% X $182,698.50) $ 4,567.46
Total Change Order #1 $187,265.96
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 230,777.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 187,265.96
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 418,042.96
PER CENT INCREASE THIS CHANGE ORDER +77.7 %
TOTAL PER CENT INCREASE TO DATE +77.7 %
INCREASE IN CONTRACT TIME FOR THIS CHANGE ORDER 150 CALENDAR DAYS
New Completion dates are: Substantial Completion is September 25, 1996
Final Completion is October 25, 1996
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable.
for CEM Enterprises, Inc. dba Sunshine
Painting. (SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding SourCe 442-5178-536-61.46 (Media Replacement - WTP) transferred from 442-5178-
536-61.36 (Intracoastal Crossing Replacement)
DELRAY BEACH, FLORIDA
RECOMMEND: By:
William H. Greenwood, David T. Harden, City Manager
Dir of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
MAY-22-96 WED 1'59 PM CITY OF DELRAY BEACH WTP FAX NO, 407 243 7316 P. 1
SUNSHINE PAINTING
An Enterprlee of C.E.M. Emer~rlse$, Inc.
4907
Carder
Rd.,
Unit *4 / Ortltndo, FL 828'10 ~ "
May 16, 1996
City of Delray Beach
Attn: Howard Wrisht
Environmental Services Dept
434 South Swlnton Ave
Delr~y Beach; 'FL 33.~44 .. , .
RE: DELtLAY BEACH FILTER IkEHABILITATION
ADD FILTERS 3 THROUGH 6
Mr. Wright:
In reference to the above project, it is my understanding that the City is goin$ to add the
additional four flitters for the inlcrease of $4,440.00 per filter; for removal and installation
of filter media. ( / f/~n ~ ~
Please confirm this as soon as possible so we may secure the media at the ~m'ent pri~e.
If you have any questions, please give me a call at (407) 298-9148.
Thank you,
,/
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~?~'1
SUBJECT: AGENDA ITEM # q~. - REGUI2tR MEETING OF JUNE 18, 1996
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: JUNE 11, 1996
At the June 4th regular meeting, Barbara Holden was appointed as a regular
member (architect position) to the Code Enforcement Board to fill an
unexpired term ending Janu_ary, 1998. She had been serving as an alternate
member. In view of this, a vacancy has been created for an alternate
member (layperson) to fill Ms. Holden's unexpired term.
Members of the Code Enforcement Board must be residents of the City.
Appointments to beth regular and alternate member positions shall be on the
basis of experience or interest in the fields of zoning and building
control.
Applications have been received from the following:
Martin Bellsey
Sidney Soloway
Anthony Veltri
Stanley Watsky
A check for outstanding municipal liens and/or cede violations has been
conducted. There are none.
The appointment will be made by Commissioner RaD~olph (Seat #4).
Recommend appointment of an alternate member (layperson) to the Code
Enforcement Board to fill an unexpired term ending January 13, 1999.
ref: agmemo4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FRDM: CITY MANAGER l~ll
SUBJECT: AGENDA ITEM # ~L - REGULAR MEETING OF JUNE 18, 1996
APPOINTMENT TO THE CIVIL SERVICE BOARD
DATE: JUNE 11, 1996
The term for Wilbur Chaney, regular member, will expire on July 1, 1996.
Mr. Chaney is not eligible for reappointment since he has served two full
successive terms. The term is for two years, ending July 1, 1998.
According to the Civil Service Act, there are to be five regular members on
the Civil Service Board, three of which are to be of different vocations or
vocational backgrounds, not employed by the City in any capacity, and
appointed by the City Commission. Two regular members are elected by
eligible City employees. In addition, there are two alternate members.
The appointee need not be a resident, property owner or business owner
within the City.
The following individuals have submitted applications:
Donald Allgrove
Sally Antonelli
Martin Frost
Melvin Hirth
Murray Kalish
Arthur King (currently serving on Board of
Construction Appeals )
Leo Koppman
Morris Weintraub
A check for code violations and/or municipal liens was conducted. None
were found.
The appointment will be made by Commissioner Egan (Seat #2), having been
postponed from the June 4th meeting.
Recommend appointment of a regular member to the Civil Service Board for a
two year term ending July 1, 1998.
ref: agmemo6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF JUNE 18, 1996
APPOINTMENT TO POLICE AND FIRE BOARD OF TRUSTEES
DATE: JUNE 11, 1996
The term for Robert B. Lees will expire on June 30, 1996. Mr. Lees has
served two full successive terms on the board and is not eligible for
reappointment. The term is for two (2) years, beginning July 1, 1996
through June 30, 1998.
Pursuant to Section 33.65(A)(2) of the City Code, two public members of the
Board of Trustees are appointed by the City Commission. Prospective
appointees need not be a resident, property owner or business owner within
the City. The appointee must take an oath of office.
The following individuals have sutanitted applications:
Melvin Hirth
Robert Levitt
A check for code violations and/or municipal liens was conducted. None
were found.
The appointment will be made by Commissioner Kiselewski (Seat #1).
Recommend appointment of a member to the Police and Fire Board of Trustees
for a two year term eD~ling June 30, 1998.
ref:agmemo5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~t'/i
CONVENTION
DATE: JUNE 11, 1996
The 70thAnnual Convention of the Florida League of Cities will be held
August 8-10, 1996, at the Boca Raton Resort & Club.
General policy development is one of the primary purposes of the annual
convention. It provides an opportunity to focus attention on municipal
home rule and prepare a positiveprogram to strengthen cities throughout
Florida.
The League encourages each member city to send as many delegates as
possible to the convention, and also requests that each city designate one
of its officials to cast votes at the annual business session. League
by-laws require that each city select one person to serve as the city's
voting delegate.
Recommend designation of a voting delegate to cast votes on behalf of
Delray Beach at the annual business session of the Florida League of
Cities.
ref:agmemo8
FLORIDA LEAGUE OF CITIES INC.
Memorandum
TO: City Managers/City Clerks
o~/~ -
FROM: Michael Sittig, Executive Direct
DATE: June 7, 1996
SUBJECT: 70th Annual Convention - Technology: We 7l Take You There
VOTR4G DELEGATE AND RESOLUTIGN iN7Oi'~MATIGN
August 8 - 10, 1996 - Boca Raton Resort & Club
As you know, the Florida League of Cities' Annual Convention will be held at the Boca Raton
Resort & Club on August 8-10. This year's theme, Technology: We'll Take You There, will
provide valuable educational opportunities to help Florida's city officials serve their citizenry
more effectively.
It is important that each city designate one person to be the voting delegate. Policy
development, election of League leadership and adoption of resolutions are undertaken during
the business meeting. One official from each city will make decisions that determine the
direction of the League.
Registration materials have already been sent to each city. Call us if you need more. We have
attached the procedures that your city should follow for presenting resolutions to the League
membership. Should you have any questions or need additional information, please feel free
to call the League at Suncom 278-5331 or 1-800-342-8112.
MS:sg
Attachments: Form Designating Voting Delegate
Procedures for Submitting Convention Resolutions
201 West Park Avenue · P.O. Box 1757 · Tallahassee, Florida 32302-1757 · (904) 222-9684 · Suncom 278-5331
Procedures for Submitting Resolutions
70th Annual Convention
Florida League of Cities, Inc.
August 8-10, 1996
Boca Raton, Florida
In order to fairly systematize the method of presenting resolutions to the League membership, the following
procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30
days prior to the first day of the annual convention.
(2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to
members of the Resolutions Committee at least 15 days prior to the first day of the annual convention.
(Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential
s~.~bject n3atter in a single resol~tion with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at the convention;
however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the convention without prior
committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted
vote of a majority of members present will be required for adoption.
(5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy
committee. Such proposals will not be considered by the Resolutions Committee at the convention;
however, all state legislative issues will be considered by the standing policy committees and the
Legislative Committee prior to consideration by the membership at the annual Legislative Conference
each fall. At that time, a state Legislative Policy Statement will be adopted.
Cities unable to formally adopt a resolution 30 days prior to the first day of the convention may submit a letter to
the League office indicating that their city is considering the adoption of a resolution, outlining the subject
thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for
consideration in anticipation of receipt of the formal resolution.
IMPORTANT DATES
Juue 7 Jul,~ 3o
Notice to Local League Presidents and Municipal Resolutions Mailed to Resolutions
Associations Requesting Nominees Committee
to the Resolutions Committee
August 8
July 1 League Standing Committee Meetings
Appointment of Resolutions Committee Members Resolutions Committee Meeting
Voting Delegates Registration
July 8
Deadline for Submitting Resolutions to the August 10
League Office Immediately Following Luncheon - Pick
Up Voting Delegate Credentials Followed
by Annual Business Session
[IT¥ OF I)ELRI:I¥ BEI:IgH
~ CITY CLERK 7°° ,.w. ~st Av~,uE · D~L,^Y .~^0~, FLO,,D^ 334~ · 40,/~3-,000
AIl-~caCity
993
June 21, 1996
Ms. Gall Dennard
Florida League of Cities, Inc.
P.O. Box 1757
Tallahassee, FL 32302-1757
Re: Designation of Voting Delegate
Please be advised that Commissioner Kenneth C. Ellingsworth has been
selected by the Delray Beach City Commission to serve as the City's
voting delegate at the 70th Annual Convention of the Florida League of
Cities, Inc., to be held August 8-10, 1996, at Boca Raton. As
requested, the Designation of Voting Delegate form is enclosed.
Should you have any questions, please do not hesitate to contact me at
561/243-7050.
Sincerely,
Alison MacGregor Harty
City Clerk
aMH/m
Enclosure
cc: Commissioner Kenneth C. Ellingsworth
David T. Harden, City Manager
THE EFFORT ALWAYS MATTERS
Printed on Recycled Pal)er
70th Annual Convention
Florida League of Cities, Inc.
August 8-10, 1996
Boca Raton, Florida
It is important that each member city sending delegates to the Annual Convention of the Florida
League of Cities, designate one of their officials to cast their votes at the Annual Business Session.
League By-Laws require that each dty select one person to serve as the city's voting delegate.
Please fill out this form and remm it to the League office so that your voting delegate may be properly
identified.
Desii~natiun of Voting Delegate
Name ofVoting Delegate: Kenneth C. Ellingsworth
Title: City Commissioner
City off Delray Beach
AUTHORIZED BY:
JAY ALPERIN, MAYOR
Tire
Return form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
MEMORANDUM
TO: MAYOR AND CITY CC~4MISSIONERS
SUBJECT: AGENDA ITEM # ~O - REGULAR MEETING OF JUNE 18, 1996
RESOLUTION NO. 53-96/SCHOOL CC~C~ ISSUE
DATE: JUNE 14, 1996
Attached is a request from the Municipal League for support of a resolution
to adopt the League's position regarding the School Concurrency Issue. The
position is set forth in the attachment to the resolution (Exhibit "A").
The Municipal League is asking municipalities to take action prior to the
School Board meeting scheduled for July 8th.
B~commend consideration of Resolution No. 53-96.
ref: agmemo 16
88-1~-B8 14:Bq P. 8. CO. MUNICIPAL LERSUE 0q4 P01×08 ~/~
Palm Beach gounU MU NIgIPAL L~AOUE
MEMORANDUM
Attached please Fred a sample Resolution that has been constructed by the Palm
Beach County Mtmicipal Leasue resardin8 thc School Concurency Issue.
Your city is encourased to adopt this Resolution which endorses the LeaBue'$
position paper date June 4, 1996 pertaining to the School Concurrency Issue. If any city requires
miplanation, c{ati~cation or a presentatio, please contact the LeaBue's office at (561) 355-4484 at
! , I
RESOLUTION NO. 53-96
A RESOLUTION OF THE CITY C(IMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING THE POSITION OF THE PALM BEACH COUNTY MUNICIPAL
LEA~/JE, INC. WITH REGARD TO THE SCHOOL CONC~ ISSUE;
REQUESTING THAT EACH AND EVERY OTHER MUNICIPALITY IN PALM BEACH
COUNTY, THE BOARD OF COUNTY COMMISSI~RS AND THE PALM BEACH
COUNTY SCHOOL BOARD ADOPT THE SAME POSITION IN ORDER THAT WE MAY
ALL WORK TOGETHER TOWARD ACHIEVING QUALITY EDUCATION IN PALM
BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Palm Beach County School Board, the Board of County
Commissioners of Palm Beach County and the municipal governments of Palm Beach County
desire to work together in order to relieve overcrowding of our schools and to
provide the best quality of education to all students within the County; and
WHEREAS, in order to work together to achieve quality education and to
prevent divisiveness among the numerous entities involved in long term planning for
education, the City Commission of the City of Delray Beach desires to adopt the
position recently set forth by the Palm Beach County Municipal League, Inc. with
regard to the school concurrency issue as this position represents a workable
compromise solution for the benefit of all.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida,
hereby adopts the position recently set forth by the Palm Beach County Municipal
League, Inc. with regard to school concurrency which is comprised of eleven ( 11 )
pages and is attached hereto as Exhibit "A".
Section 2. That the City Commission of the City of Delray Beach
respectfully requests that each and every other municipality within Palm Beach County
as well as the School Board of Palm Beach County and the Board of County
Commissioners adopt this same position in order that we may all work together in a
productive manner.
Section 3. That the City Clerk is hereby authorized to suhnit this
Resolution to all municipalities, the Board of County Commissioners of Palm Beach
County and the Palm Beach County School Board.
PASSED AND ADOPTED in regular session on this the 18th day of June ,
1996.
SENT BY:Xerox Telecopier 7021 ; 6-14-96 ; 13:00
EXHIBIT "A"
to Resolution No. 53-96
Palm I eatb County MUNICIPAL LEAGUE
P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIC~A
June 4, 1996
Palm Beach County Commission
301 N. Olive Avenue
West Palm Beach, Fl. 33401
Palm Beach County School Board
3320 Forest Hill Boulevard
West Palm Beach, Fl. 33406
Re: School Concurrency Program
Dear Commissioners and School Board Member~:
Thank you for invitin$ the Palm Beach County Municipal League to participate in thc
process to find a solution to the school overcrowding problem. All the municipalities are
concerned over the problem of school crowdin$ and are extremely interested in improving thc
educational experiences of'all of our children. We feel that Commissioner Marcus~ Board
Member Oleason and the entire task force should be applauded for their tireless work in trying to
come up with a solution to the school crowding problem. The Task Force was a IFeat success in
bringing divergent groups to the table and identifying various options for address/ng the
overcrowding problem.
As we have reviewed the proposed .school concurrency packagc prepared by thc Task
Force, we £nd much that we can support. The proposed school concurrency package proposal
essentially has three components - Financing" Planning, and Regulating. The financin$ component
addresses both the funding to eliminate the current backlog so that the school board can catch up
with school' capacity demand and the financing to fund future growth once the school board ha~
caught up. The plannin8 component addresses the requirement t'or the school board to prepare
and adhere to a business plan for spendin$_the money raised to eliminate the back,10S and for
fundinl~ future capacity needs along with more coordinated planning between the school board
and local governments. The regulato~ component addresses the transfer of'local decision making
to the County and School Board based on the avitilability of school capacity. While all three
components are not complete, the Municipal League can support the proposals on financin$ and
planning, but has serious concerns about the resulatory component of' thc proposal. Each
component will be addressed in more detail below.
Page 1 of 11
SENT BY:Xerox Telecopier 7021 ; 6-14-96 ; 13:00 ; ~ +407243718§;~ 2
June 4, 1996
Pase 2
Financing Component
Thc proposal for fimmcin$ the catchup portion of the school capacity problem is a one
cent sales tax. The Municipal League is on record supporting a one cent sales tax as a ftnancing
vehicle for an acceptable program of' addressing the school crowdin8 issue. Assuming the
Leasue's concerns raised elsewhere in this letter are addressed, the League continues to support
the one cent sales tax.
There is currently no concrete proposal for funding school capacity once the sales tax
revenue ends. Essentially, the school board staiftold us at the last workshop that ifa portion of
operating expenses could be removed from the capital budset, there would be enough capital
dollars to fund capacity for new growth and that the school board would have to work on this
durin$ the next seven years. Lt' there is to be a regulatory component to this program, that answer
is unacceptable. Continued fundin8 aRer the end of the sales tax is crucial. The school boa, rd
needs to make a binding commitment on how new capacity wi]] be funded after the sales tax
Planning Component
This component addresses both the bue~ness plan for the school board and the increased
coordination of planning between the school board and local govenunents.
Business Plan
The School Board needs to prepare a business plan that demonstrates how the School
Board will eliminate the capadty shortfall u 'tdiz/n8 thc new funding source over the next seven
years and how the School Board will prevent future overcrowdinS beyond that seven year period.
This concept is extremely important, and the Municipal Leasue believes that any new funding
source should be tied to a requirement that the school board enga&e in this type of business
pieing.
The concurrency program outlLned by the task force requites that the school board adopt a
five year capital facilities pros;ram and update it yearly with the addition cfa new year. Since it is
projected to take seven years to c~tch up, this business plan should include a capital fncilitles
program that covers the seven years needed to catch up, not just the five year proa;ram currently
proposed. Also, this plan should include identi~cation of the lundin8 neceasm7 for future
capacity needs after the initial funding source expire~. Under the current proposal, this is leR for
determination in the future.
The task force proposal creates a five year business plan by requirin& the development cfa
five year capital facilities plan by the School Board. The School Board's capital proartm would
be adopted in the County's comprehensive plan, which is required it'there is a regulatory program.
Exhibit "A" to Res. #53-96 Page 2 of 11
SENT BY:Xerox Telecopier 7021 ; 6-14L9§ ; 13:01
June 4, 1996
Page 3
The adoption of a business plan is avmy positive benefit. However, there arc other ways to
ensure the development of a bindin8 business plan by the School Board without imposin~ a
regulatory program. For example, the same type of business plarmin~ could be required throuih
the intedocal agreement that authorizes the use of the sales tax for school construction.
Coordinated Planning
State law requires the coordinated planninS between the School Board and all local
$ovemments. The proposed concurrency program utilizes a regulatory program to provide the
School Board with a method of'trackins new development approvals. However, existins
programs already serve the same purpose.
For example, through thc Comprehensive Plan Amendment Coordinated Review lnterlocal
Agreement, the School Board r~ceives all comprehensive plan amendments fi.om all rmmicipalities
and the County prior to the transmittal hearing. Thus, thc School Board is notified of planned
new development prior to approval of the comprehensive plan amendment for that development
and the School Board has the opportunity to comment on the plan arne~dment prior to thc local
sovenunent transmitting the amendment to thc state.
Many local 8ovemments now notify the School Board ofl~ndin$ zoninl~ applications and
provide the School Board with the opportunity to comment on them. Ii'more notification is
needed, the County could provide the School Board with notice of ali new residential
development proposed anywhere in the County throush its implementation of thc Traffic
Performance Standards Ordinance. Thc County is notified of all proposed development prior to
approval, and the County could certainly notify the School Board at the time it receives
notification. If that method is not acceptable, thc School Board could request this information
from the individual local governments that are not currently providin8 it as part of thc
intergovernmental coordination process required by Chapter 163, Florida Statutes.
All local governments and the School Board are required to enter into sn Interlocal or
other A~reeraent on a joint process for collaborative planning. Althou6h thc proposed Interlocal
Agrc~umt bctween the County ~md the School Board meets this requirement for thc County md
the School Board, it docs not ~ the requirement that the School Board enter into this type of
Agreement with each municipality. Since the School Board still must enter into aSremnents with
all the municipalities, any additional coordination requested by the School Board could be
addressed in those asreements. Coordinated planning, which is what the Department of
Community Affairs (DCA) encouraged ~s thc primary method to address school overcrowdin$ in
its April 29, 1996 letter, can be accomplished without a reSul~ory program.
Regulato~ Component
The Municipal League continucs to have serious concerns over the proposed rcgulatory
Exhibit "A" to Res. 953-96 Page 3 of 11
SENT BY:Xerox Telecop£er 7021 ; 8-14-86 ; 13:02 ; ~ +40724371§6;~ 4
June 4, ]996
Page 4
component to thc concurrency program. The League has continuously voiced its concerns about
the effectiveness of the regulatory progr~n on reducing school overcrowdin8 and about the lack
of data on the impacts of this regulatory proposal. Prior to proposir~ any regulatory program,
the County Commission and School Board should fully address the followin~ questions. All of'
these issues should be satisfactorily resolved by ali affected parties prior to going forward with
any regulatory program.
WHAT IS THE REGULATORY COMPONENT DESIGNF~ TO ACCOMPLISH AND
DOES IT ACCOMPLISH ITS STATED GOALS?
The County Commission and School Board should clearly idcntif~ what that regulatory
program is desisned to accomplish and should evaluate the positive and negative impacts of the
program. To date, this has not been done.
As shown earlier in this letter, a program of'providing funds for school construction tied
to an enforceable business plan by the School Board to guarantee the proper use of thc funds nad
a coordinated planning program between the School Board and all local governments in the
County can all be accomplished without a regulatory program. Therefore, it is necessary to
identify what additional benefit is accomplished by havins a program whereby the County and
School Board regulate development approvals countywide. It must be demonstraied that this
benefit outwcishs any costs or uncertainty that would be created by the program prior to the
Municipal League agreeing to support this part of the program.
The stated l~Oal ofthe regulatory program is to prevent the future overcrowdin8 of
schools. However, based on the information that has been provided, this program will not
accomplish that goal.
Concurren~ Will Not Prevent Future Overcrowding of Schools
The School Board is projecting 'd~ 5,000 new students will be added to the school
system each year. The School Board staff' hsd previously contended that 80% of the new school
growth yearly conms from existing units and 20% comes fi.om new development. More recently,
a School Board's consultant eslimates that the split for new students is 50O~4 fi'om exisling units
and 50% fi.om new units. Any new students generated from existing units would not be subject to
concurrency. Data provided to the Task Force by the County Planning Department establishes
that 80°4 of all building permits issued yearly come from vested units. These vested units would
not be subject to school concurrency. The following tablo illustrates the impact of' school
concurrency on school crowding The %'s indicate percentages of the 5,000 new students
generated yearly from existing units and new units.
Exhibit "A" to Res. #53-96 Page 4 of 11
SENT BY:Xerox Telecopier 7021 ; 6-14L86 ; 13:02 ; ~ +40724371§6;# 5
June 4, 1996
Page $
80%Existlng Unit~/ 50%Existing Units/
20°,4 New Units 5~ New Unit~ .-_
Stud~ts From Existing Units
Not Subject to Concurrency 4,000 2,500
Stud~ts From New Units - Vested
Not Subject to Concurrency SO0 2,000
Students Potentially Kept Out of
School System by Concurrency 200 500
Thus, if no new development approvab are granted countywide because of'school
concurrency, 4,S00 to 4,800 of the S,000 new students generated yearly would still be added
to the school system.
Since it is assumed that some new development would be approved even with school
concurrency, the actual impaci of'a regulatory program on school overcrowdin~ will be even less
than indicated above, Thercfore, it appears that the regulatory component will have a negligible
impact on reducing school overcrowding. However, the cogs of achieving these negligible
benefits cauld be great.
Lack of Data on Impacts of Proposed Regulatory Program
While the proposed regulatory program would have a negligible impact on reducing
school overcrowding, it could have very negative impacts on the ability of the municipalities ~d
the County to implement development and redevelopment plans. The League has requested
technical analysis on how concurrency would affect the Counts educational system and the
economy. To da~e, no real data has becn provided on the basic ~asumptions, method~, data base
used and results obutined regarding the impacts of concurrency on Palm Beach County over the
next five to ten years. Prior to adoptin~ a whole new resulatory program, the County and School
Board should at least analyze how concurrency would improve the educational system; how
concurrency would affect redevelopment of our coastal cities; how coucurrency would effect
county growth pauerns; and where concurrency would stop growth in the County during its
implemen~tion. Until a real analysis showing that the positive benefits of the proposed regulatory
program outweigh any negative conscquence~ thc League can not support thc proposed
regulatory program.
Depending on where and when new schools are built, certalll areas of"dle County could be
in a development moratorium for a period ofyears. This could result in smell residential
Exhibit "A" to Res. #53-96 Page 5 of 11
SENT DY:Xerox Telecopier 7021 ; §-1~9§ ; 13:03 ; ~ +4072437166;#
June 4, I996
Page 6
projects being stopped, which could have serious consequences for the redevelopment of our
coastal municipalities.
For example, the City of West Palm Beach i-~ actively seeking to increase the number of
people residing in the downtown area. This is essential for the implementation of the new
Downtown Master Plan and furthers the County Comprehensive Plan goal of directing
development to the eastern areas. It ha~ not been easy to attract new residents to downtowr~. If
the City is fortunate enough to attract a fifty unit residential apartment project for downtown
We~t Palm Beach and that project is denied based on school concurrency, the negative impacts
upon the City's redevelopment efforts would be great. Yet the reduction in school crowding
would be negligible. That project would generate a total ofaround 30 students over the next 20
years.
The potential negative impacts of the proposed regulatory program have not been
adequately evaluated and could potentially be severe.
THE SCHOOL BOARD WILL CONTROL THE LOCATION AND TIMING OF
DEVELOPMENT COUNTYWIDE. IS THIS AN APPROPRIATE ROLE FOR THE
SCHOOL BOARD?
Development that is otherwise consistent with adopted comprehensive plans would be
delayed based on the availability of adequate school capacity. The School Board is the agency
that controls the timing and location or'the construction of'new school capacity. Thus, the School
Board will effectively have veto power over the implementation of adopted local comprehensive
plans. Is this an appropriate role for the School Board?
THE SCHOOL BOARD WILL BECOME A REG~TORY AGENCY. IS THIS AN
APPROPRIATE ROLE FOR THE SCHOOL BOARD?
Under the proposed program, the School Board will now be reviewing development
applications. In addition, development will now be dependent upon the availability of school
capacity and the elimination of school overcrowding. Sehool overcrowdin8 is relieved both
through o'eation of'new school capacity and the assignment of students to maximize utilization of
that capacity. Thus, the yearly development of both the school capital fecih'ties progr~ and the
school attendance boundary assignments will now become components of that regulatory
program. Because both will control where new development can occur, both will be subject to
non-educational related pressures. In order to implement the regulato~T progrnm, new non-
educational factors will have to be addressed by the School Board. Each area is discussed in
more detail below.
Exhibit "A" to Res. #53-96 Page 6 of 11
SENT DY:Xerox Telecopier 7021 ; 6-14-96 ; 13:04 ; ~ +4072437168;# ?
lune 4, 1996
Page 7
School Capacity
The School Board will have to provide enough capadty yearly to attain and maintain the
adopted level of' service. The School Board will be under great pressure to allocate capital ftmds
to new schools and capacity adding projects. Areas subject to development restriction will exert
great pressure on the School Board to fund capacity improvements in those areas. The pressure
to add capacity could have a negative impact on needed renovations and upgrades of existing
schoo]s, including those in the coastal communities.
At~er the seven year catch up period, enoush capacity is projected to be built to allow the
schools in Palm Beach County to operate at a level of service of 110°4. More information on the
attainability of this goal will be provided in the school plant survey presently being conducted.
Until that survey is completed, we will not know if the 110% level of service is attainable. Ifit is
not based on projected fundir~ the School Board will need to find additional revenues for
capacity during the next seven years in order to attain the projected level of service.
School Assignment
The school assilp~mcnt issue is as sisnificant as the creation of new capacity in relieving
school crowding and minimi?ing the impacts of any regulatory system.
The projected level of service is ] 10%. This level of service is thc systemwide level of
service - not the level of service for each school. At the last workshop, Marry Hodi~6m presented
an example ofhow school concurrency would atfect the Acreage ama ofthe County. (See Tab
10, Workshop Binder) In his Acreage example, Mr. Hodgkins indicated that althoul~h the area
currently has over 1,000 more students than permanent student stations, four new elementary
schools would be constructed over the next seven years, re. suiting in enough capacity for the
Acreage area to meet the 11 CNA level of service. From this aualysis, it was concluded that
concurrency would not affect development in this area. This conclusion is only correct if capacity
is equalized by school boundary assignment over the seven schools in Mr Hodgkins' example in
the Acreage. Ii'capacity is not equalized, this area could be 8reafly impacted by concurrency.
Usin~ Mr. Hodgkins' figures on capacity and students, it is possible that each of the four
new schools could operate at 113% capacity and H.L. Johnson and Cypress Trails could operate
at I 11% capacity and Loxahstchee could operate at 90% capacity. Even though tile area would
operate at the adopted level of service, all but Loxahatchee would exceed the adopted level of
service. A major portion of the Acreage/Royal Palm Beach area could be shut down for new
development.
This is not merely a hypothetical concern. The County School Systcm is ctm'ently
operating at a systemwide level of service of 119°,4. There are eiShty (80) elementary schools.
Enrollment at fifty (50) elementary schools currently exceeds thc ~istinS systemwide level of
Exhibit "A" to Res. #53-96 Page 7 of 11
SENT BY:Xerox Telecopier 7021 ; 6-14Lg§ ; 13:04 ; ~ +407243716§;#
June 4, 1996
Pase 8
service of 119%. On the other hsnd, fif[een (15) elementary schools have enrollments of less than
100% of the school's capacity. If a level of service was imposed today based on the current
systemwide level of service of 119% (which is the proposed method of setting the level of service
after seven years), development in large areas of the County would be precluded by concurrency
due to this imbalance in school assignment. Therefore, the School Board should agree that it
will adjust boundaries annually to equalize the utilL~tion of all the schools.
The Department of Community Affairs (DCA) has also raised the issue of school
assisnments. In the April 29, 1996 letter, DCA indicates that concurrency must be analyzed for
achievebility and financial feasibility on a concurrency are~ by concurrency area basis. As
proposed in the draft ordinance, a concurrency area would be the ex/sting assigned school and the
next three closest schools. The School Board must ~iso a~'e to send the studeat~ generated
from a project in that area to one of those four leh0ols so that the required geographic
nexus for thc regulatory program is achieved, As attendance boundar/es change, so does the
concurrency area, which means that the financial feasibility for attain/rig the level of service must
be re-evaluated. The only way the level of serv/ce can be financially feasible for each concurrency
area is for the School Board to make equalization of capacity utili=_~tion one of the hishest
priorities in the annual boundary cycle.
ARE THE SCHOOL BOARD, COUNTY COMMISSION AND MUNICIPALITIES
PREPARED TO ASSUME THE POTENTIAL LIABILITY FOR REGULATORY
TAKINGS OF PRIVATE PROPERTY?
Since it will now be m regulatory agency, the School Bo~! may have liabil/ty for
regulatory takings that may occur as a result of the proposal regulatory program. Decisions on
where to build new capacity and on school boundary assignments will now affect the development
potemi~ of property. Has the School Board adequately evaluated its potential liability for these
activities?
Since the County is proposed to be regulating development countyw/de based on the
provision of infrastructure by the School Board, the County could have liability for regulatory
takings baaed on tho decisions of the School Board for both capacity provision and school
assignments. The present proposal does not give the County any say in school assignment
decision~ and very Em/ted say in school capacity decisions. Y~t these decisions will determine the
development potential of property. Has the County Commission adequately evaluated its
potential liabRity for the~e mctivities?
Even though the proposed program would be imposed on the munidpal/ties through a
eha~ter amendment, the municipalities may still be required to amend their eomprehens/ve plan~ to
implement the concurrency program. Ifthat is the case, the municipalities may have potential
liability based on a county-imposed regulatory program that is dependent on school cap~-'ity and
school &ssisnrnent decisions of the School Board. The munic/pdifies will have no input into those
Exhibit "A" to Res. 53-96 Page 8 of 11
SENZ BY:Xerox Telecopier 7021 ; 6-14-96 ; 13:05 ; ~ +4072437166;~ 9
June 4, 1996
Page 9
decisions.
WIrY IS AN INTERIM LEVEL OF SERVICE NECESSARY?
The purpose and necessity for an interim level of service has not been demonstrated. The
proposed interim level of service imposes a regulatory proEram during the "catch-up" period of
seven years. However, the proposed sales tax provides enough money to build the capacity
required to eliminate present overcrowding and provide for the new growth over the aeven
years! If there is adequate Funding to build capacity for thc projected new growth, why is there a
need to regulate that ~rowth?
On the other hand, the proposed levels of service in years four throuBh seven have not
been supported by any data and analysis showin8 the effect they would have on implementation of
adopted comprehensive plans in the municipalities. The level of service proposals for years four
throul~h seven have not been mmlyzed to determine their impacts on growth in the county,
including their impacts on redevelopment in the coastal communities.
Given that there is no need for a regulatory program during the first seven years since
there are adequate funds to pay for the capacity required by growth during those ymlrs and the
lack of data regardin8 the effect of the interim level of service, the Municipal League position of
not supporting the imposition ora regulatory protp~tm during the catch up period through the
proposed interim levels of service remains unchanged.
MUNICIPAL LEAGUE POS1TION
To stunmarize, the Municipal Lea~e position on the proposed school conmirrency
packaffc is as follows:
- Assumin8 agreement with the following League positions, the League supports the One
Cent Sales Tax to fund ngw schools.
- The Le_~e supports tying the new funding to the development of a bindin~ business
plan by the School Board on how thc money is spenL
- This business plan should include a cai~ital facilities plan for the li~ of the males Lax (not
just the five y~rs currently proposed) and for future funding to keep the school
system caught up.
- The statutory requirements for coordinated plannin8 between the School Board and all
of the Municipalities ne~ds to be addressed. The ~arrent propositl just addresses
this requirement between the County and the School Board.
Exhibit "A" to Res. #53-96 Page 9 of 11
SENT BY:Xerox Telecop£er 7021 ; §-14~96 ; 13:06 ; * +40724371§$;#10
June 4, 1996
Page 10
- Thc League can not support a regulatory program during the seven year catchup phase.
Given that there will bc adequate funds to provid e capacity for growth during this
period, there is no need to impose a regulatory program during this period.
- The League can not support any Charter Amendment authorizing imposition of a
countywide regulatory program at this time. Based on the data provided to date.
there are few benefits to the regulatory component of the proposal while there are
many potential negative consequences.
- Prior to the initiation of any Charter Amendment authorizing imposition of a
countywide school concurrency program, the County and School Board should
comply with the provisions of the Multi-Jurisdictional Issues Coordination Forum
Interlocal Agreement that was signed by the County, School Board and almost all
of the municipalities by submitting the proposal to the forum for development of a
consensus by all the Forum members on whether a regulatory program is an
appropriate solution to any future overcrowding problem.
MUNICIPAL LEAGUE PROPOSAL
The Municipal League proposes that the beneficial portion~ of the proposed concurrency
program be implemented through an Interlocal Agreement between the School Board, Palm
Beach County, and the municipalities. This proposal implements all of the positive benefits of the
Funding and Planning Components as outlined above. The Interlocal Agreement would provide
for the following:
- Thc levy ora one cent sales tax for ~hool construction over seven years,
- The utilization of the entire proceeds of the sales tax for school construction (municipal
sign-off is needed for the municipal share to be used for school construction).
- Creation of a business plan for spendin8 the sales tax revenue and for keepin8 caught
up with future demand once thc sales tax revenues arc expended.
- Creation of the joint planning mechanisms that are required by statute between the
School Board and the County and all oftha municipalities in the County.
A draR of this Interlocal Agreemer~ is currently being prepared and will be circulated
shortly. The Municipal League would urge the School Board and County Commission to
carefully consider this proposal as an alternative to the proposed concurrency program currently
under review. This proposal includes the funding and planning components that everyone agrees
to and that are necessary without linking them to a potentially divisive regulatory program.
Implementation of this approach would allow a unified appeal to the voters wkich is essential if
Exhibit "A" to Res. #53-96 Page 10 of 11
: u~N,I uY:Xer0x Telec0pier 7021 ; 6-14-96 ; 13:06 ; ~ +4072437166;#11
June 4, 1996
Parc 11
the sales tax is to pass.
We look forward to your responses and to cortthlued dialogue on solving this most critical
issue.
S'.~cerely, / ".
C-ale English, President
Palm Beach County
Municipal League, Inc.
cc: County Administrator Robert Weisman School Superintendent Joan KowaI
Members, MunicipaJ Leal~ue Board of Directors
Mayors and Managers, Palm Beach County Municipalities
Thomas Pelham, Esq.
Bubara Alterman, ESq.
Exhibit "A" to Res. #53-96 Page 11 of 11
CITY OF DELRAY BEACH~ FLORIDA - CITY COMMISSION
REGULAR MEETING - JUNE 18, 1996 - 6:00 P.M.
CO~4ISSION CHAMBERS
THE ACk'DA IS AMENDED AS FOLLOWS:
REVISE ITEM 8.T. 1. ON THE CC~SENT AGENDA TO READ AS FOLLOWS:
T. AWARD OF BIDS AND CONTRACTS:
1. Bid award to E.C. Stokes Mechanical Contractor, Inc. as primary
contractor, and to Koenig Plumbing & Mechanical Corp. as backup
contractor, for the City's plumbing services and repairs, in the
est/mated annual amount of $12,052 from various departmental
operating accounts.
ADDITION OF 9. P TO THE REGULAR AGENDA:
P. ~PECIAL EVENT APPROVAL - u~UMMER NIGHTS: Consider request from ~Joint
Venture to grant temporary use permit, provide staff support, and
waive overtime costs up to $5,000.
[ITY OF DELRRY BER£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~ll-~ericaCity
993 TO: David T. Harden, City Manager
FROM: ~,Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # ~{.P CITY COMMISSION MEETING, JUNE 18, 1996
SPECIAL EVENT APPROVAL - SUMMER NIGHTS
DATE:
ACTION
City Commission is requested to approve the Summer Nights program on various dates, to grant a
temporary use permit per LDR's Section 2.4.6.(H) for use of City rights-of-way and property, to
provide staff support as outlined, and to waive overtime costs up to $5,000. These events are
sponsored by the Joint Venture.
BACKGROUND
The Joint Venture is again sponsoring Summer Nights On the Avenue on six different dates. A
schedule of the event dates is attached. The request includes street closure for four of the events,
staff assistance for barricading and signage, trash pick-up and removal, police security, use and
set up of small stage, and waiver of overtime costs up to $5,000.
Last year's event (6 dates) cost the City approximately $7,948, of which $5,853 was for overtime.
We anticipate lower costs this year because two of the events will not require street closure. Also,
the large stage, which requires additional manpower to set up and take down, will not be used.
RECOMMENDATION
Staff recommends approval of the Joint Venture request to endorse the Summer Nights program,
grant a temporary use permit, approve road closures and provide staff support. Commission may
wish to consider requiring an additional contribution for staff overtime.
RAB:kwg
Attachment
File:u:graham/agenda
Doc.:sumnites.096
THE EFFORT ALWAYS MATTERS
Printed on F~ecycled Paper
SUMMER NIGHTS ON THE AVENUE- 1996
Dates / Locations:
July 12, Friday 300 & 400 Blocks - Atlantic Ave. Street Party * #
July 19, Friday Atlantic Plaza / Veterans Park Block Party
July 26, Friday Discover Old School Square Block Party #
Aug. 8, Thurs. Grove Square / 200 Block Street Party * #
Aug. 23, Friday Back Room Street Party * #
Aug. 30, Friday Ocean Bird / Boston's Street Party * #
CONFIRMED SPONSORS:
Palm Beach Post - Janie Fogt: Posters, Flyers, Ads., fans
Sunny 104.3 FM - Jennifer Ross: PSA announcements, possible giveaw
* street closed
# stage required
/
--SPECIAL EVENTS REQUEST Oo / L~OO
MASTER RECORD ,/~-q- L-~,''',->'/7 C-,
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Ci~ COMMISSION APPROVAL DATE
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Waiver Ovemime
Waiver Alcohol Consumption
W~ver Siglt Code
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aiver Noise Cod~Amplffied Mu,it
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~ ~/~ ~ Ak)/dU
CI~ COMMISSION APPROVAL DATE
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aiver Noise Cod~Ampli~ed Music
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$
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
TRANSMIT/~L OF COMPREHENSIVE PLAN AMENDMENT 96-1
DATE: JUNE 14, 1996
This is before the Commission to authorize transmittal of proposed
Comprehensive Plan Amendment 96-1 to the Department of Community Affairs
(DCA) for review.
Amendment 96-1 deals with three areas: (1) Future Land Use Map amendments
for the Elmore/Hardrives properties on the east and west sides of Congress
Avenue; (2) the Silver Terrace Redevelopment Plan; and (3) the North
Federal Highway Redevelopment Plan which includes, among other things, the
creation of a High Density Residential land use designation and its
potential application to the Yake property. A copy of Plan Amendment 96-1
and documentation from Planning and Zoning is attached.
The Planning aDx~ Zoning Board held a public hearing on June 10, 1996. In
summary, the Board took the actions listed below. Details are provided in
the staff report.
** Voted 6 to 0 to recommend transmittal of the FLUM amendments for the
two Hardrives properties (Hardrives and Elmore POC);
** Voted 6 to 0 to recommend transmittal of the FLUM amendments and
associated rezonings related to the Silver Terrace Redevelopment Plan;
** Voted 4 to 2 to recommend transmittal as presented of the text
amendment creating a High Density Residential land use category;
** Voted 5 to 0 (Mr. Carbone stepped down) to recommend transmittal as
presented of the text amendment changing the General Commercial land
use category to allow limited Light Industrial uses within a portion
of the North Federal Highway area;
** Voted 3 to 2 (five members present, Ms. Young having left the meeting)
to recommend transmittal as presented of the FLUM amendment to High
Density Residential for the Yake property;
** Voted 5 to 0 to continue with direction the FLUM amendment to
Commercial Core for a portion of the North Federal Highway corridor,
which has the effect of recommending that the item not be transmitted.
The final vote was 3 to 2 to recommend to the Commission that Comprehensive
Plan Amendment 96-1 be transmitted as presented, except for the FLUM
amendment to Commercial Core for a portion of the North Federal Highway
corridor.
R~commend transmittal of Comprehensive Plan Amendment 96-1 to DCA for
review as recommended by the Planning and Zoning Board.
ref: agmemo 15
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, DIRECTOROF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 18. 1996
PUBLIC HEARING - TRANSMITTAL OF COMPREHENSIVE
PLAN AMENDMENT 96-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of authorizing transmittal of
proposed Comprehensive Plan Amendment 96-1 to the Florida Department of
Community Affairs (DCA) for review.
BACKGROUND:
Comprehensive Plan Amendment 96-1 was initiated by formal action of the City
Commission on March 5, 1996. During processing one item was deleted from
the list of initiated items:
Changes in the Future Land Use Element to identify categories in which
public schools are allowed, and identification of school sites to meet
projected needs, pursuant to new statutory requirements.
A model amendment to address this item is being developed by the
Intergovernmental Plan Amendment Review Committee (IPARC). The item will
be included in a future plan amendment that is not subject to the twice yearly
limitation.
The proposed amendment contains:
· Revisions to the Future Land Use Element modifying the description of the
General Commercial land use category, and the addition of a new land use
category - High Density Residential. Both of these items relate to the North
Federal Highway Redevelopment Plan.
· A revision to Future Land Use Element Policy C-1.6, in conjunction with the
completion of the North Federal Highway Redevelopment Plan.
· A revision to Future Land Use Element Policy C-2.7, in conjunction with the
completion of the Silver Terrace Redevelopment Plan.
City Commission Documentation
Transmittal of Comprehensive Plan Amendment 96-1
Page 2
· Future Land Use Map Amendments for:
- Yake Property
- North Federal Highway Corridor
- Silver Terrace
- Elmore Property
- Hardrives
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the items included in the Plan
Amendment at a public hearing on June 10, 1996. A number of people spoke on
several of the items during the public hearings. Public testimony and the Board's
action on each item is summarized as follows:
· Future Land Use Map (FLUM) amendments for the two Hardrives properties
(Hardrives and Elmore POC).
No public testimony was received for either of these items. After
discussion, the Board recommended (6-0) that these items be transmitted
as presented.
· Future Land Use Map amendments and associated rezonings related to the
Silver Terrace Redevelopment Plan.
Jean Beer and Helen Coopersmith expressed concern over the
application of SAD zoning to the Silver Terrace Redevelopment Area.
They felt that SAD should not be utilized in the City. Two property owners
objected to the fact that their uses would continue to be non-conforming
after the FLUM amendments and rezonings. Several speakers supported
the amendment, noting that the process had been on-going for a long
time and needed to be finalized. After discussion, the Board
recommended (6-0) that these items be transmitted as presented.
· Text amendment creating a High Density Residential land use category.
A large number of speakers presented testimony both supporting and
opposing this item. Testimony was focused on the possible application of
High Density Residential in the North Federal Highway Area. Those
opposed expressed concerns over the potential for high density
residential to change the character of the neighborhood: increasing traffic,
reducing property values, allowing Iow value property and renters into the
neighborhood, and lack of compatibility. Those in support pointed to the
benefits of high density residential as a tool for neighborhood
revitalization: promoting infill development, increasing the consumer base
City Commission Documentation
Transmittal of Comprehensive Plan Amendment 96-1
Page 3
near downtown, reducing urban sprawl and associated impacts on the
environment, efficient utilization of existing infrastructure and services,
and the potential to effectively utilize mass transit systems. In addition to
residents and business owners, Scott Harrington, Town Manager of Gulf
Stream expressed the Town's concerns over the potential impact of high
density residential on Gulf Stream and requested that the City coordinate
with the Town as the details of the plans are available. Michael Busha,
Executive Director of the Treasure Coast Regional Planning Council,
supported high density residential as a tool for urban revitalization which
implements the goals and principals of the Governor's Commission for a
Sustainable South Florida, Eastward Ho!, and the Strategic Regional
Policy Plan. Several written comments were presented and are attached.
After discussion, the Board recommended (4-2) that these items be
transmitted as presented.
· Text amendment changing the General Commercial land use category to
allow limited Light Industrial uses within a portion of the North Federal
Highway Area.
A number of people spoke, both for and against this item. Those opposed
focused on the potential for expanded land uses to devalue the
neighborhood, increase traffic, and alter the character of the
neighborhood. Those in support expressed the opinion that expanded
uses would help revitalize the area, spurring economic development.
After discussion, the Board recommended, on a vote of 5-0 (Louis
Carbone stepped down for this item) that these items be transmitted as
presented.
· Future Land Use Map amendment (to High Density Residential) relative to
the Yake Property.
A large number of speakers presented testimony both supporting and
opposing this item. Testimony was similar to that received for the High
Density Residential text amendment discussed earlier. In addition to the
testimony, several written comments were presented and are attached.
Carolyn Young left the meeting during this item. After discussion, the
Board recommended (3-2) that this item be transmitted as presented.
· Future Land Use Map amendment (to Commercial Core) for a portion of the
North Federal Highway Corridor.
Two people spoke on this item. One speaker supported the item as a tool
for continued revitalization of the area. One speaker opposed the item,
noting that portions of his property would become non-conforming,
preventing a proposed expansion. After discussion, the Board
recommended (5-0) that this item be continued with direction that staff
City Commission Documentation
Transmittal of Comprehensive Plan Amendment 96-1
Page 4
work with the property owner to resolve the non-conformity issue. This
motion has the effect of recommending that the item not be transmitted as
part of Comprehensive Plan Amendment 96-1.
· Transmittal of Comprehensive Plan Amendment 96-1.
During the public hearing, one speaker reiterated his opposition to the
FLUM amendment for the Yake Property. After discussion, the Board
recommended (3-2) that the City Commission transmit proposed
Comprehensive Plan Amendment 96-1 as presented, except for the
Future Land Use Map amendment (to Commercial Core) for a portion of
the North Federal Highway Corridor. The motion included all previous
motions.
ALTERNATIVE COURSES OF ACTION:
A. Transmit Comprehensive Plan Amendment 96-1 to DCA as presented via the
Planning and Zoning staff reports.
B. Transmit Comprehensive Plan Amendment 96-1 to DCA as recommended by
the Planning and Zoning Board.
C. Transmit Comprehensive Plan Amendment 96-1 to DCA pursuant to other
Commission direction.
RECOMMENDED ACTION:
By motion, authorize transmittal of proposed Comprehensive Plan Amendment
96-1 to DCA for review as recommended by the Planning and Zoning Board.
Attachments:
· Planning and zoning Board Memorandum Staff Report
· Letters of comment
· Proposed Comprehensive Plan Amendment 96-1
S:~adv\comp\961CC1
June.3, 1996
Dr. Jay Alperin
Mayor
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 334~
Dear Mayor Alperin:
On May 17, 1996, the Council of 100 met to discuss the North Federal Highway
Redevelopment Plan which is being prepared jointly by the City of Delray Beach and the
Community Redevelopment Agency. Chris Brown made the presentation of the work in
progress.
On behalf of the Council of 100, we unanimously support the proposal for the
redevelopment of North Federal Highway, and, in particular, support the following
proposals:
1. High density, multi-family residential on the Yake property, particularly since the
current proposal entails luxury housing for professionals with high income;
2. The General Commercial area between Federal Highway and Dixie Highway
allowing a use which combines retail (showroom) and light assembly and
distribution. This is important to bring more jobs to the area;
3. Beautification of Federal and Dixie which currently looks very uninviting;
4. Assisting and improving the small, existing neighborhoods east of Federal;
Two of the most important outcomes of the plan will be new job creation and new
consumer creation (new housing). North Federal Highway's potential as a gateway, a
thriving residential neighborhood, and a business/economic "spur" in our city is far from
being realized. A healthy and vibrant North Federal Highway will also be an essential
component in the stability and economy of the City's "downtown." We believe this
redevelopment plan should be started as soon as possible.
We appreciate your support.
Dan Bums JUN 8 I~96
President Chairman. Council of I~..ANNiNG & ZONING
k'tlhw,/
DELRA¥ BEACH
Greater Delray Beach Chamber of Commerce, Inc. ~
407-278-0~24 · Fax 407-278-0555
Chamber Accredited by United States Ctmmber of Commerce
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delra¥ Beach, Florida
June 3, 1996
Ms. Diane Dominguez
Director of Planning and Zoning
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33434
Dear Ms. Dominguez:
On May 5, 1996, the Downtown Development Authority heard a
presentation form chris Brown regarding the CRA's proposed North
Federal Highway redevelopment plan. Because the North Federal
Highway area is beyond the DDA geographic jurisdiction, no
resolution was made and no formal action could be taken.
Speaking personally, it was my observation that the general
consensus of the DDA Board Members was that the proposed higher
density project, if populated with higher income residents would
have the positive benefit of bringing vitally important customers
to our downtown district.
Thank you for your continued efforts in professional planning
for our City.
Sincerely,
MICHAEL M. LISTICK, CHAIRMAN
DOWNTOWN DEVELOPMENT AUTHORITY
MML/ask
CC: Marjorie Ferrer
Chris Brown ~~~~
JUN ? 1996
PLANNING & ZONING
64S.E. Fifth Avenue, DelrayBeach, Florida 33483, (407)279-1384 oFax (407)278-0555 1''''."""'
A Florida Main Street Community
June
1996
City of Delray Beach Planning and Zoning Board
City of Delray Beach ....
100 N.W. 1st Avenue pLg'-'S'4~"
Delray Beach, Florida 33444
We, the undersigned business owners who own or operate businesses along North
Federal Highway, Delray Beach, Florida, are in full support of the North Federal Highway
Redevelopment Plan proposed by the City of Delray Beach and the Community Redevelopment
Agency (CRA) of Delray Beach for the redevelopment of North Federal Highway which
provides for the following;
1. A Future Land Use Amendment from Medium Density Residential to High Density
Residential for the parcel known as the Yake Property;
2. Allow for limited Light Industrial uses for the area lying east of Dixie Highway and
West of North Federal Highway between Lake Avenue and the north City limits.
3. A Future Land Use Map Amendment from General Commercial Core to Commercial
Core within the are lying east of the F.E.C. Railroad, south of N.E. 7th Street, North of N.E. 4th
Avenue 8 Street.
The reasons for our support of the Redevelopment Plan for this area is that the forgoing
proposals will:
-Encourage existing business to expand and improve their properties and as well as to
attract desirable business to relocate to this area of the City by providing flexibihty to the existing
land use and zoning classifications;
-Increase traffic and pedestrian use of North Federal Highway to spur economic activity of
our business as an increase in residential density will result in more people shopping in our stores
and utilizing our services;
-Stabilize and improving bhghted properties along North Federal Highway by encouraging a
balanced mixed of commercial and residential uses.
We further support the high density rental apachnent proposal by Z.O.M. Developers for
the parcel known as the Yake property since this proposal will, in addition to the foregoing,
provide needed luxury housing to this area of the City, attract families to relocate to the City and
improve property values of the surrounding area.
N ME BUSINESS BUSINESS ADDRESS
-. · :--" - _ //7/Z. .?, ..
NAMe"/ ~..., BUSINESS BUSINESS ADDRESS
WORLD CLASS AUTO
131.4 N. FE~RAL HWY~
NAME BUSINESS BUSINESS ADDRESS
.C
- /
NAME BUSINESS BUSINESS ADDRESS
/7/7
PATIO FACTORY OUTLET
NEW FURNITURE SALES
OUTDOOR FURNITURE RESTORATION
June 7,
Dr. Jay Alperin
Mayor
Ci~ ~ De~ay Bea~
100 ~ 1st Avenue
Del~ ~a~, Florida 33~4
Dear ~yor Mpe~:
We ~e the o~e~ of Dee Car Patio Facto~ located at 19~ ~d 2000 North
Feder~ ~ghway as well as residen~ of the Ci~ of De~ay Bea~.
We ~ ~ ~ support of the North Federal Highway Redevelopment Plan
w~ch is ~ing pro~sed by the CiW of Delray Bea~ ~d the Co~~
Redevelopment Agent.
~ you may be aw~e we relocated o~ bus,ess to Del~ Beach ~ 1994. ~er the
past ~o ye~ we have s~ggled ~th m~y of the problems related to North Federal
~ghway ~dud~g ~e, deteriora~g properties, lost businesses and a lack of
assoda~on ~th the rest of De~ay Beach.
Although we have w~ted pa~ently, we con~nued to ~vest ~ the area by
purchas~g the Old M~er Dodge proper~ ~ hopes that the CiW would reco~ze
North F~er~ ~ghway as a ~tal bus,ess ~d econo~c neighborhood and import~t
gateway to the rent,zed downtown area as we~ as the rest of the Ci~.
~e North Feder~ ~ghway Redevelopment PI~ proposed by the Ci~ of De&ay
~ach ~d the C~ ~a~y addresses the n~ds of t~s neigh~rhood and pla~ to solve
many of ~e proble~ assodated ~ it.
We ~ve proven that both reta~ and ~ght assembly and dis~bution businesses
c~ c~st ~th the residenfi~ neighborhoods ~ong No~h Feder~ ~ghway. By
expand~g su~ us~ between Federal ~ghway and D~ie ~ghway, the Redevelopment
PI~ enco~ages bus,ess l~e o~s to expand and relocate to t~s area.
-- A Division of Crescent Norcross ~
2000 N. Federal Highway · Delray Beach, FL 33483
(800) 633-9552 ,, (407) 272-6002 · Fax (407) 272-1158
MtAMiBEACH
c~H'~ M'~-E ~' "0 F- ~O-~-~R C E _ .
June 7,1996
RE: North Federal Highway
PAGE
The proposal to provide high density residential housing in the Redevelopment
Plan, such as the luxury residential development proposed for the Yake property, will
increase much needed traffic and pedestrian use of North Federal Highway to spur
economic activity of the businesses located in the neighborhood. It will also provide
needed family housing for the City and stabilize and improve property values in the
area.
The provisions of the Plan will also encourage much needed beautification of
Federal and Dixie Highways and the neighborhoods east of North Federal Highway so
as to make this area more attractive to our residents and consumers.
We believe that the net effect of the Redevelopment Plan will be to promote
economic stability and growth to businesses in the area, create jobs and attract families,
businesses and professionals to the area as well as to assist in improving the residential
neighborhoods.
The Redevelopment Plan recognizes North Federal Highway as a vital element
to the continued revitalization, future development, and growth of the City and finally
links this area to the rest of the City. As proud residents and business owners of the
City of Delray Beach we urge your support of this Redevelopment Plan.
PAT CARBONE DEE CARBONE
President Vice President
PMC/dc
cc: Delray Beach Planning and Zoning Board
Community Redevelopment Agency
1731 N FEDERAL HIGHWAY
DELRAY BEACH. FLORIDA 33483
June 10,1996
Planning and Zoning Board
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 3~.444
To Whom It May Concern:
The purpose of this letter is to inform the Planning and Zoning Board of our
support for amending the Future Land Use Map in conjunction wIth the North
Federal Highway Redevelopment Plan. The proposed changes for each of the
three areas reflect a definite, purposeful strategy for community improvement.
As long time business owners in this area, we view such changes as essential for
the continued .positive growth and revitalization of the North Federal Highway
area of Delray Beach.
Sincerely,
Mary l~apkes
1645 N. Federal Hwy.
~-c~z~v~--~~ Delray Beach, Florida 33483
Susan Singleton
TOWN OF GULF STREAM
PALM BEACH COUNTY. FLORIDA
O Telephone
COMMISSIONERS (407) 276.$116
Fax
WILLIAM F. KOCH, JR.. May~ (407) 737-0188
ALAN I. A,I:~I4OUR. Vic. e Mayo(
JAMES E. C1:1OS$ Town Manager
JOAN K. ORTHWEIN E. SCO'i-r HARRINGTON
A. CURTIS 'II:II. IE, M.D. Tow. Clerk
RITA L. TAYLOR
June 7,1996
Mayor Alperin and City Commissioners
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: Proposed Comprehensive Plan Amendment for the Yake Property
Dear Mayor Alperin and Commissioners:
I am writing on behalf of the Town Commission regarding the referenced plan
amendment. As you know, the Yake Property is directly across the Intracoastal
Waterway from one of the finest, single family neighborhoods in Gulf Stream.
Accordingly, we have some recommendations that we believe will provide some
needed protection to residents in our town, while still meeting your development goals
for the property.
We are aware that transmittal of the comprehensive plan amendments is only the first
step in a long process. Other steps to follow include amendments to the zoning code
.and map and a site plan review. We also understand that final adoption for each of
these items is planned to occur simultaneously sometime this fall after each is fully
developed and can be reviewed as a package.
The Gulf Stream Commission recognizes that full knowledge of each of these
amendments and the site plan is necessary before all of the impacts of the development
can be assessed. Toward that end, we have tempered our comments and
recommendations until all information is available. However, we believe the following
refinements to the proposed comprehensive plan amendment are necessary to ensure
our neighborhood is adequately protected:
1. Limit the density to a maximum of 12 to 15 dwelling units per acre. The
neighborhood on our side of the waterway consists of multi-million dollar homes on
100 SEA ROAD. GULF STREAM. FLORIDA 33483
Mayor Alperin and City Commissioners
June 7,1996
Page 2
lots of larger that one acre. We have some very real concerns about the proposed
density of 24 units per acre given that only 300 feet of waterway separates the Yake
property 'from these homes. While we understand your reasoning behind wanffng
higher densities in this area, we believe 12 to 15 units per acre is the maximum if the
proposed development and surrounding neighborhoods are to peaceably co-exist.
Further, even at 12 to 15 units per acre, a number of performance standards still
would be necessary to ensure compatibility between the development the
neighborhoods. -
2. Include a maximum height limit of 35 feet. This issue is perhaps the most critical
for maintaining compatibility between our neighborhood and the proposed
development, even if the density is reduced. Because zoning ordinances can be
changed much easier than comprehensive plans; we strongly urge you to put a 35
foot height limit in your plan amendment rather than make general references to
standards in the zoning code.
3. Include specific references to the types of performance standards to be included in
the zoning code for high density projects. Your most recent draft of the amendment
references a number of development standards to be addressed in the zoning code.
We believe all of these are vital to achieving compatibility with surrounding
properties on both sides of the waterway and highly recommend these remain a part
of the amendment text.
4. Require a Bermuda Design and consider the incorporation of other design
elements from the Gulf Stream Design Manual. We are not asking that this request
be made a part of the.Comprehensive Plan amendment. However, we do request
that the plan amendment direct the zoning code to include quality architectural
design and architectural compatibility as two of the performance standards. As you
may be aware, the Town Gulf Stream recently completed a year-long project to
protect the character of our community from inappropriate development. The
culmination of that process is our national award-winning Design Manual, which
provides specific guidance on the design of new projects. Not surprisingly, our
study found a predominance of Bermuda-style architecture in our community and
our Manual states a clear preference for the continued use of this style. We believe a
similar study of most of your well-established neighborhoods also would find a
predominance of Bermuda architecture, and that requiring the proposed
development to build in this style would achieve compatibility with neighborhoods
in Delray Beach as well.
Finally, in addition to the above recommendations, we request that the City include this
letter with its transmittal package to the Department of Community Affairs and the
.. Mayor Alperin and City Commissioners
June 7,1996
Page 3
Treasure Coast Regional Planning Council. Further, in lieu of our issuing an objection
at this time through the Interlocal Plan Amendment Review (I'PAR) process, we request
that the City agree to participate in IPAR's Fact Finding process at the adoption stage if
we still have matters of concern at that time. Because so little irrformation is available
now, it makes more sense to wait until the adoption stage to conduct the process, if it is
needed.
Thank you for your time and consideration. We are very appreciative of the excellent
cooperation shown by your staff and the developer, and we remain optimistic that we
can come to agreement on these issues.
Sincerely,/7
William F. Koch, Jr.
Mayor
cc: David Harden, Delray Beach City Manager
Diane Dorninguez, Delray Beach Planning Director
Anna Yeskey, IPAR Clearinghouse
Gulf Stream Town Commissioners
E. Scott Harrington, Gulf Stream Town Manager
scott\letters\ deLray\ com60607
251 Scenic Circle
Waynesville, NC 28786
June 4, 1996
Ms, Diane Dominguez
City of Delray Beach
Planning and Zoning Department
100 N. W. 1st Avenue
Delray Beach, FL 33444
Dear Ms. Dominguez:
This is to confirm my telephone conversation with your office
this morning. I am sorry I was unable to talk to you directly.
Sorry to say, I will not be able to attend your June 10 meeting.
As I told your assistant, I do not think that the rezoning of the
Yake property from medium density %o high density is a good long-
term decision for our community/area. Based upon the April CBA
meeting, and after reviewing your document (File 096-172) and
today's telephone conversation, it appears to me this is what's
called "a done deal."
At the CBA meeting I attended, it was stated by the CBA %hat
local Delray businesses supported this rezoning because of the
anticipated increase in sales.
Should this rezoning be approved, our family will try to avoid
all Delray businesses. For starters, we were planning to buy a
new car from a local Delray dealership this fall. I know the
dealer will be shocked when he finds out that we changed our
minds and purchased our car from a Asheville, North Carolina
dealership.
For your information, my father purchased our home at 906 Denery
Lane, in the late 1950's, and my children will get the house upon
the passing of my wife and I. Surely you can see why I'm
interested in the long-term effects of this rezoning upon our
area.
The only other way we can express our disapproval is for us
wait until election time this fall. Needless-to-say, I am
disappointed, thus far, with Delray's handling of this issue.
Very
c: Mayor Jay Alperin
My children .
260 N.E. 14TH STREET
DELRAY BF. ACH, FLORIDA
FACSIMILE
Ju~e 6, 1996
City of Delray Beach
Attn: Planrflng and Zoning Departmen~
I00 N.W. let Avenue
l~Iray Beaeh, FL 33444
P~ Future Land Use Map Amendment
Initiated by the City of Delray Beach
File $96-172
Deal' Sir or Madam:
I am in receipt of the aforementioned notification and have no objections, e:ccept I do
have some concerns with regard to the proposed land use change in Area B. With
the increase in comme~-cial t~affic that will be generated by the proposed land use
change for the area east of Dixie, west of Federal between Lake Avenue and the
north City Hmits, commercial traffic should be prohibited on Lake Avenue, as this
is a main entrance into a residential a~ea where there are children, as well ss
re~s, who ave trying to reside in a quiet residential community.
You~ consideration to this matter would be g'~e~tly appreciated.
Howell T. Miller
JUN 6 1096
PLANNING & ZONING
TOT~_ P.01
Sta~ley Milowski
North Federal Highway Task Team
610 Alien Avez~ue
Delray Beach, FL 33483
Mr. Chri~;topher J. Brown
Executive D~rector
Community Redevelopmellt Agency
24 N. Swinton Avu~l~ue
L)e.lr;~y b~och, ~'1~ 33483
Dear Mr. Brown:
We, tile um~lersigned property owners of t)ell',~y Beach. F~c,:~da,
are sign] nq this statement expr(~ssinq gel cpposit J ,~n co
proposed zoning changes as presented by the
Redevelopment Agency on April q0, 1996.
Since many res i,.l~nt s in this area ~iil be out-of-tow~%
summer, this is the only way for many of us to o~cJally expr,~ss
We f~re not in opposition to progress. In fact, we feel that
the development of the 17-acre parcel located east of
H i~{hway abutting the Kenmont section and Allen Avenue
enhance our area if done properly.
Wc are in opposition to the high density rental apartment
~roposal. Changing from the current low density zebi,~entJal
zoninq to the proposed 350 plus rental units would have a
effect not only on property values, but would also effect our
community we]fare and safety. We do not understand why this
property must be rezoned in light of the construction now under
way just north of the proposed property, i.e., Kokomo Keys--
two-story town homes, fee simple, buyer owned.
NAME STREET ADDRESS PI!ON~
1/
.... '
.... , ~,~: ......
.. . ~, ~-, ~,..~
Stanley MilowskJ
North Federal Highway Task Team
610 Allen Avenue'
Delray Beach, FL 33483
Mr. Christopher J. Brown
Executive DJ rector
Community Redevelopment Agency
24 N. Swintol% Avenue
Delray Beach, FL 33483
Dear Mr. Brown:
We, thc undersigned property owners o~3 Dolray Peach, Florida,
are signing this s~tement expressing our opposition to tho
prc~posed zoning changes as presented by the Com~.]uni ty
Redevelopment Agency on Apr]l 10, 1996.
Since many residents in this area wJi~ be out-of-town [his
summer, this is the only way for many of us to o~cially expres~-
ou]~ opposition to ~h~ proposed rental project.
We are not in oppo~{ition to progress. In fact, we feel that
the development of the 17-acre parcel located east o~ Federal
Highway abutting the Kenmont section and Allen Avenue will
enhance our area .if~ done properly.
We are in oppos i tion to the high density rental apartment
proposal. Changing from the current low density residential
zoning to the pro[)osed 350 plus rental units would have a neg:tve
effect not only o~ property values, but would also effect our
community welfare and safety. We do not understand why this
property must be rezoned in light of the construction now under
way just north o~ the proposed property,
two-story town homes, fee simple, buyer owned.
NAME STREET ADDRESS ~ PHONF
Stanley Milowski
Nc, rrb Federal Highway Task Team
610 Allen Avenue
De]ray Beach, FL 33483
Mr. Christol~her J. Brown
Executive Director
Community Redevelopment Agency
24 N. Swinton Avenue
Delray Beach, FL 33483
Dear Mr. Brown:
!
We, the undersJgned property owners of Delray Beach, Florida,
are signing this statement expressing our opposition to the
proposed zoning changes as presented by the
Redevelopm.~nt Agency on ;%pr~l 10, 1996.
Since many residents in this area %,i1~ be o~t-o£-Icwn tkis
summer, this Jo the only way for many of tls to off~cia]!y exp~es~
our oppo~;it~en to the proposed fontal project.
We are not in opposition to I>~-ogres.~. In faa't, we feel that
the devc]o~:ment e~ the 17-acre parcel ]ocat~d cast of Fedez~al
Highway abutting the Kenmont sect ien ~nd All(n Avenue
enhance our area if (]one properly.
We are in opposition to the high density z~ntal apartment
proposal. Changin~ from the current low density rcsiden+ial
zoning to the proposed 350 plus rental units would h~ve a
negative e£fect ~%ot only on property values, but would also
effect our community welfare and safer/. We do n~t understand
why this property must be rezoned in light of the construction
now under way just north of the proposed property, i.e., Kokomo
Keys-two-story town homes, fee simple, buyer owned.
..... N__AME ~._ STREET ADDRESS PHONE
........ .
. ./,,~....'. ,,~ -' .., ~. ~'", ~"'' '~ ~' :-: 7 ':'~
Stal%ley Milowsk%
N~rth Fedc, ral Highway Ta:~k Team
610 Allen Avenu'e
Delray Fleach, FL 33483
Mr. ChrJstol,her ~. Brown
Executive [)i rect~i;
Community Redevelo[~ment Agency
24 N. Swinton Avenue
Dolray Be,~ch, FL 33483
Dear Mr. Brown:
We, the unders~]t~c,d property owners of Delray Beach, Florida,
are signing this statement expressing our opposition to the
proposed zoning changes as presented by the Co.unity
Redevelopment Agency on April 10, 1996.
Since many residents in this area will be out-of-town this
summer, this is the only way for many of us to oficlally express
our opposition to the proposed rental project.
We are not in o[)position to progress. In fact, we feel that
the development o~ the 17-acre parcel located east of Federal
Highway abutting the Kenmont section and Allen Avenue will
enhance our a~'ea if done pro.fly.
we are in oppo:;ition to th~ hlgh density rental apartment
proposal. Cllanqing from the current low density remidentia]
zoning to the proposed 350 plus rental units would have a negatve
effect not only (~:~ property values, but would also effe-t our
community welfare and safety. We do not und~rstand why thi~.
property must be rezoned in light, of the construction now under
way just ~(.rth of the proposed property, i.e., Kokomo Kef s--
two-story town homes, fee simp]e, buyer ,)wned.
NA ~']E STREET ADDRESS PHO~
Stanley Milowski
N~rth Federal Highway Task Team
610 Allen Avenu~
Delray Beach, FL 33483
Mr. Christopher J. Brown
Executive Director
Community Redevelupment Agency
24 N. Swintoli Avenue
Delray Beach, FL 334~3
Dear Mr. Brown:
Ue, t. he undersigned property owners of Delray Beach, Florida,
~re signing tb~ s stateme~lt exprassinq our o~osition to the
proposed zoning changes as presen[ ..'d by the Community
Redevelopment Aqcucy on A[)rJl 10, 1996.
[;ince many residcuts in this area will be out-of-town this
hummer, this is [he o~]ly way for many of us to o~cial]y express
our opposition to the proposed rental project.
We are not in opposition to progress. In fact, we feel that
the development oi' the 17-acre parcel located east or' Federal
Highway abutting the Kenmont section and Allen Avenue will
enhance our area if done pro,fly.
W~.~ are in oppo~i tion to the high density rental apartment
proposal. Changing from the current low density residential
zuning to the proposed 350 plus rental units would have a negatve
effect not only on property values, but would also effect our
community welfare and safety. We' do not understand why this
property must be rezoned .in light of the construction now under
way just north of the p[-oposed property, i.e., Kokomo Keys--
two-story town hcmes, fee simple, buyer owned.
NAME STREET ADDRES~ PHONE
StanLey Milowski
North Federal Highway Task Team
610 Allen Avenu~ ''-~
Delray Beach, FL 33483
Mr. Christopher J.
Executive Director
Community Rcdevelopment Agency
24 N. Swinton Avenue
Delray Beach, FL 33483
Dear Mr. Brown:
We, the undersigned property owners of Delray Beach, Florida,
are signing this statement expressing our opposition to the
proposed zoning changes as presented by the Community
Redevelopment Agcncy ou April 10, 1996.
Since many resldunts in this area ~'ill be out-of-town this
summer, this is the only way for many of us to o~c~ally express
our opposition to the proposed rental
We are not in opposJ t. ion to progress. In fact, we feel that.
thc development of the 1'7-acre parct¢2 2oc.lted east of Federa L
llighway abutting the Kem~%ont section and Allen Avenue wi] 1
(mhance our area if Hone p~op~rly.
We are in opposi t ion to the biqh def~sity rental
proBosal. Chang[hq item the current Jew density residentJ
zoning to the proposed 350 plus rentat units would have a negdSve
effect not only on property values, but would also effect
community welfare and safety. We do not uuderstand why this
pt'operty must be rezoned in light of the construction now under
way just north et' the proposed property, i.e., Kokomo Keys--
two-story town homes, fee simple, buyer owned.
NANE STREET ADDRESS PHONE
Stanley Milowski
North Federal Highway Task Team
670 Allen Avenu6
Delray Beach, FL 33483 /
Mr. Christopher O. Brown
Executive Director
Comm~:nity Redevelopment Agency
24 N. Swinton Avenue
l)clray [~(>~%c'h, 1.']. 33483
Dear Mr. grown:
9]e, the undersign(.d property owners of Delray Beach, Florida,
are signing this statement expressing our opposition to the
proposed zoning changes as presented by the Community
Redevelopment Agency on April 10, 1996.
Since many residents in this area will be out-of-town this
summer, this is the only way for many of us to oficially express
our o~po~itio~% to the proposed rental project.
We are not in opposition to progress. In fact, we feel that
~h(: development o£ the 17-acre parcel located east of Federal
Highway abutting tile Kenmont section and Allen Avenue will
enhance our area if done properly.
We are in opposition to the high density rental apartment
proposal. Changing from the current ]ow density residential
zoninq to the propo~'~d 350 plus rental units would have a ~:eqatve
effect not only ou ~roperty values, bdt would also effect our
commt~l~lt'y ~.el£a~~ a~d :~afetyo We ~Jo I~ot ~d(:rsta.qd why th~s
prop(:rty mu;{t be rezoned in light of thc constructi~,n now unde['
way just north o£ tile proposed property, i.e., Kokomo Keys--
two-story town J'~Olhi.!S, fcc si~nple, bu,,et uwned.
Stanley Milowski
North Federal Highw, Jy Task Team
610 Allen Avenue'
Delray Beach, FL 33483 /~
Mr. Christopher J. Brown
Executive Director
Community Redevelopment Agency
24 N. Swinton Avenue
D..?lr.]y B(;ach, FL 33483
Dear Mr. Brown:
We, the undersigned property owners of Delray Beach, Florida,
are signing this statement e'xpresslng our opposition to the
proposed zoning changes as presented by the Communi ty
Redevelopment Agency on April 10, 1996.
Since many resid~nt s in this area will be out-of-town this
summer, this is ~he only way for many of us to oficially uxp~ess
our opposition to the proposed rental pro3~.~ct.
We are not in opposition to progress. In fact, we feel that
the development of the 17-acre parcel located e.3st of Federal
Highway abutting tho Kenmont section and Allen Avenue will
('nhancQ ou~' {%rea if' done properly.
We are in opposition to the high dec, nit'? rental apartment
proposal. Char~ging from the current J~' density r(,~denti,~l
zonin9 to the pro~oscd 350 plus rental units would have a negatve
effect not only on property values, but would also effect our
community we] fare and ::afety. We do not understand why this
property must be re~.:oned in light of the construction now under
way just north of the proposed property, i.e., Kokomo Keys--
two-story town home.<;, fee simple, buyer owned.
STREET ADDRESS PHONE
Stanley Milowski
North Federal Highway Task Team
610 Alien Avenu'e
Delray Beach, FL 33483
Mr. Christopher J.
Executive Director
Community Redevelopment Agency
24 N. Sw~nton Avenue
Ilo]ray Beach, FL 33.183
Dear Mr. Brown:
we, the tn]d,~rsigned property owners of Delray Boach, Florida,
~re sighting tbi..~ stat(-'ment expressing our opposition to the
proposed zoning changes as presented by the Community
Redevelopment Agency on April 10, 1996.
Since many residents in this area will be out-o f.-town this
summer, th~s is the only way for many o[ us to officia)~l~, e×press
o~lr opposition to %he pcoposed re,ira] p~'oject.
Wo ~re ~ot in (,{}l;osition to progross. In fact) we feel that
the develo~>ment of the )7-acre parcel located east of Federa
Highway abutting the Kenmont section and Allen Avenue ¥;i ] 1
~,~t]a~ce o~t' area il' done properly.
We are in opposition to the high density rental apartment
proposal. Changing] from the current low density residential
~on~l~g to the proposed 350 plus rental units would have a negatw:
effect not only on property values, but would also effect our
community welfare and safety. We do Dot understand why this
property must be rezoned in light of the construction now under
way just ~orth of the proposed property, i.e., Kokomo K, ys--
two-story town homes, fee simple, buyer owned.
Stanley Milowski
North Federal Highway ']'ask Team
610 Allen Avenu~ --~'
Delray Beach, FI, 33483 '/
Mr. Christopher J.
Executive Director
COlllllll. lllt t.y l~cdeve] O[,mCIlt A~juncy
24 N. Swinton Av~.m~t~
D~,lray Deach, FL 33483
Dear Mr. Brown:
W,~, the undersig~ed property owners of Delray Seach, Florida,
~ ~e sig;;ing this :~tatement expressing our oppo:~JtJon t~ the
[) 'oln~s~d ;~oning changes as presented by th~
R~developme~t Agency o~ April 10, 1996.
S~nce many residents in this area will be out-of-town this
s lmmer, this is the only way for many of us to oficially expre~s
o ~r opposition tu the proposed rental p~:oject.
w ~ are not in opposition to progress. In fact, we fee] that
t ~e development of the ]7-acre parcel iccated east of Federal
H .qhway abutting the Kenmont section and Allcn A'~ enue will
u ~hance our area ~f done properly.
W ~ are in oppo~it ion to the high density rental apartment
p;oposa]. Changing from the current lo,,; density residential
~: )n]ng to [he pr~)pc~scd 350 plus r~r~ta[ unJis would Lave a negatve
e[fect not only o~, pro~,erty values, but would al. sc, ~)~fect
c)mmunity we]fare and safety. We dc, not understand %.by tnJs
p:operty must be re::oned in light of the construction now unde;.
wiy just north of the proposed propcrty, i.e., Koko~ao Keys--
i: ~o-story town hem(?., fee simple, buyer owned.
STREET ADDRESS
North Federal High',~a~' Task Team
610 Allen
Delray Beach, FL 33453
Mr. Christopher J. Brown
Executive D~ rector
Community Redevelopment Agency
24 N. Swinton Avenue
Delray Beach, FL 33483
Dear Mr. Brown:
We, the undersigned property owners o~ Delray Beach, Florida,
are signing this statement expressing our opposition to the
proposed zoning changes as presented by the Co--unity
Redevelopment Agency on April 10, 1996.
Sil~ce many residents in this area will be out-of-town .h~o
summer, th~s is the only way for many of us to oficially express
our opposition to the proposed rental pro~ect.
We are not in opposition to progress. In fact, we feel that
the development of the 17-acre parceJ located east of Federal
Hiqhway abutting th,~ Kenmont section, s~d Allen Avenue
(mh,~nce ot~r area if done properly.
Wt~ are in opposi[ion to the high density rental apartment
i)rol,osal. Chang2ng from the current low density residential
zoning Lo the pro[~osed 350 plus rental unlt~ would have a negatve
effect not only un property values, b~t would also effect our
coml.tunity welfare .q~ld safely. We do not understand why this
property must be rezoned in light of the construction now under
way just. north of the proposed property, i.e., Kokomo Ke~'s--
two-story town homes, fee simple, buyer owned.
r~A~ STREET ADDRESS PHONE
Stanley Milowski
North Federal Highway Task Team
610 Allen Avenue
Delray Beach, FL 33483
Mr. Christopher J. Brown /
Executive Director /
Community Redevelol'.mcnt Agency
24 N. Swinton Avenue
Delray Beach, FL 33483
Dear Mr. Brown:
We, the undersigned property owners of Delray Beach, Flor~d,~,
are signing this statement expressing our opposition to the
proposed zoning changes as presen t~.F! by the Co~nunity
Redevelopment Agency on April 10, 1996.
Since many residents in this area will be out-of-town this
summer, this is tile only way for many o~ I~s to officially express
our oppo:;ition to the proposed rental project.
We are not in opposition to progress. In fact, we feel thdt
the development ol: the 17-acre parcel located east of Fe~eral
Highway abutting the Kenmont section and Allen Avenue will
enhance cur area ~f done properly.
we are in opposition to the high d~ nsity rental apartment
proposal. Changing from the current low density residential
zoning to the proposed 350 plus rental units would have a
negative effect not 'only on property values, but would also
effect our community welfare and safety. We do not understand
why this property must be rezoned ill ][ght of the construction
now under way Just north of the proposed property, i.e., Kokomo
Keys-two-story town homes, fee simple, bu,.er owned..
NAME STREET ADDRESS PHONE
' , .' :.. ;.~. .~. ','~ '~ I,/~ "~'.'- )T;' ~
. .¢ . ,-~'~Z ~ . .. ,
!
Stanley Mi]owski
North F~deral Highway Task Team
610 All(2n Avenue ~ /"-~0
Delray Beach, FI, 334.~3
/
Mr. Christopher J. Brown
Executive Director
Community Redevelopment A~ency
24 N. Swintec! Avenu£~
Delray Beach, FI, 33483
Dear Mr. Brown.-
We, the undersigned property owners of Delray B:.~ach, Florida,
are signing this statement expressing our opposition to the
proposed zoning changes as presented by the Co~.unity
Red.~velopment Agency on April 10, 1996.
Since many residents in this area will be out-of-town this
summer, this is the only way for many of us to officially express
our opposition to the proposed rental project.
;'ge are not i~ opposition to progress. In fact, we feel *-hat
~he development o[ the 17-acre parcel located east of Fedcrul
Highway abutting the Kenmont section and Allen hvenue will
enhance our area if done properly.
We are in opposition to the high density rental apartment
proposal. Changing from the current Iow density residential
zoning to the p['oposed 350 plus rental units would have a
n~;gative effect not only on property values, but would alsn
effect our community welfare and safety. We do not understand
why this property must be rezoned in light of the construction
now under way just north of the proposed property, i.e., Kokomo
Keys-two-story town homes, fee simple, buyer owned..
NAML' STREET ADDRESS PHONE
~'~ ~~,~' ,~_.._ ........ ~. ¢ ~u,' ~ '~ ~07
~'~l ~( '-- ~'-, t ~
Stanley Milowski
Nurth Federal Highway Task Team
610 Allen Avenu~
Delray Beach, FL 33483
Mr. Christopher J. Brown
Executive Director-
Community R,edevelo.umen[ Agency
2,1 N. Swinton Avenue
Delray }~each, FL %]483
Dear t, lr. Brown:
We, the undersign,;d property owners of Delray Beach, Florida,
· ~re signing this stat~:~ment expressing our opposition t.o the
proposed xoni n~ changes as presen t,'.d by the Communi ty
Redevelopment Agency on April 1~, 1996.
Since many residents in this area will be out-of-town this
summer, this is the only way for many of us to oficially express
our opposition to the proposed rental project.
We are not in opposition to progress. In fact, we feel that
the dev¢,]opment of the 17-acre parcel located east of Federal
ltighway abutting the Kenmont section and Allen Avenue will
cmhauce ou~ area if done properly.
We are in oppo~'i t ion to the high density rental apartment
propu, sa]. Cb.]ngznq fronl the current iow density residential
zoning I() the p~,po~ed 350 plus rental un~ts would have a negatve
effect not onl} on property values, b,~t would also effect our
community we]fare and safety. We do not understand why this
property must be rezoned in light of the construction now under
why just north o[ the proposed property, i.e., gokomo Keys--
two-story to¥~n ho~:(,s, fee simple, bnyor
~; ~ "_V-- .:~ ~ L,': Z' Stanley ~ilowsk~
North Federal Highway
610 Alien
Delray Be~ch, ~L
Mr. Chris[-opher 0. Brewn
Executive DJrecLor
Community Redevelopment Agency
24 N. Swinton Avenue
Delray F, each, FI, 33483
Dear Mr. Brown:
We, the undersigned property owners of Delray Beach, Florida,
arc signing this statement expressing our opposition to the
proposed zoning changes as presented by the Community
Redevelopment Agency on April 10, 1996.
Since many residents in this area will be out-of-town this
summer, this is the only way for many of us to officially express
our opposition to th~? proposed rental project.
We are not in opposition to progress. In fact, we feel that
th(~ d~velopment o£ the 17-acre parcel located east o! Fedc~ral
Highway abutting the Ke'%mo]-~t section and Allen Aven=~e
enl~ance our area if done properly.
Wc are in opposition to the high dnnsity rental ap3rt~.?nt
prt~pos.~l. Changi ncj from the current ] ow density reside:~.t
zoning to the p,'oposed 350 plus renta] .units would bavc
negative elfect not only on property values, but would also
~,f f~.,-t our commu,lity welfaro and safe!y. We do not
why this property must be rezoned in l~ght of t~e ccnGtruc~ ~c,n
now under way .just north of the proposed property, i.e.,
Keys-two-story town homes, fee simple, buyer owned.
NAME STREET ADDRESS
Stanley Milowski
Horth Federal Highway Task Team
610 Allen Avenue
De]ray Beach, FL 33483
Mr. Christopher ,). Brown
Executive Director
Community Redevelopment Agency
24 N. Swinton Avenue
Delray Beach, FL ~3483
Dear Mr. Prown:
No, the undersigned property owners of Delray Beach, Florid~,
are signing this statement expressing our oppos~tio[] ~o tke
proposed zoning changes as presented b~ tho Community
I{eduvelcpmol~t Ag,:wlCy on April 10, 1996.
Since many residents in this area will be ou t-of-to~,n thiE
snmmer, ~his is th.~ only way for many of u~ to offxcialiy
our o[:'Vosit]on to the proposed rental project.
we arc, not in o~,[~osition to progress. In fact, ,.~e fee]
thc dew~lupm,n~ ~,l th,~ 17-acre Darcel located ea~t of ?f.~e]
High~,ay abutting the Kenmunt section and A1].e:~ Aveaue
enhance our area ~f dome properly.
We are ,~ opposit ion to the high riOllSJ ty rent,. 1
proposal. Changing from the current low density resid~t
zoning [o the proposed 350 plus rental units would h~va a
negative effec~ not cn]y on property, values, but wouJ,J
effect our community welfare and safety. We do not
why this property must be rezoned in light of the construction
now tinder way just north of the proposed property, i.~., Ko'<
Keys-two-story town homes, fee simple, buyer owned.
Stanley Mi lowskJ
;.;orth Fedural Highway Ta~k Team
610 Allen Av~,n-ue /
Delray Beach, FL 33483
Mr. Christopher J. Brown
Executive Director
Community Redevelopment Agency
24 N. Swinton Avenue
De]ray Beach, FL 33483
Dear Mr. Brown:
We, the undersigned property owners et Delray Beach, Florida,
are signing this statement expressing our opposition rc the
proposed zonJ ng changes as 1~ resente~ by the Community
Redevelopme~lt Agency on April 10, 1996.
Since many residents in this area will be out-of-town this
summer, this is the only way for many of us-to ofictally express
our opposition to the proposed rental project.
We are not in opposition to progress3. II~ fact, we fee! that
the development of the 17-acre parcel l~cated east of F~deral
Highway abutting the Kenmont section and Allen Avenue will
enhance our area ii- done [)roper]y.
W~, are i~ opposition to the high density rental apartment
propos~l. Changing from the current l~w density residential
zon~n~ to the p~-oposed 35.0 plus r~ta] un-~ts would
effect not only o~ tv
proper_., values, but wou].J also .:~fect
communil y welfare a~]d safety. We do t~,t understat,~{ .,:~¥ %' is
property must be rezoned in light of the constructlon now under
way just north oI the pt~oposed pro[.~erty, i.e., Kokulro
two-story t:own homes fee simple, bus, or owned
NAME STREET ADDRESS i HONk
,
Stanley Milowsk
North Federal Highway ']'ask Te~m
610 Allen Av~rlud
De]ray Be,ach, FI,
Mr. Christopher J. Brown
Executive Director
Community Redevelopment Agency
24 N. Swinton Avenue
Delray Beach, FL 3.3483
De. ar Mr. Brown:
We, the undersigned property owners of Delray Beach, Florida,
are signing this statement expressing our opposition to the
propose(l zoning changes as presented by the Co~nunity
Redevelopment Agency on April 10, 1996.
Since many residents in this area will be out-of-town this
summer, this is the only way for many of us to ofictally express
our opposition to the proposed rental project.
We are not in opposition to progress. In fact, we feel [hat
l~he development of the 17-acre parcel located east of Federal
Highway abutting the Kenmont section and Allen Avenut~ wi !1
enhance our area if done properly.
we are in oppo~,i tion to the high d. nsity
proposal. Ch~n~ing from the current low
zoning to the pre. posed 350 plus rental ,mits would
eilect not only on property values, :>ut ..;otld al ~o elf ~ct .,.:-
community welfare and ~;afel'y w,~ do ~c'
prcperty must b~2 rezon(_.(1 in ]i~ht o~ the censtractl~n
way just north ,~I thc proposed property, J .e. , Kckom~ Xc.> ~--
two-story town homc:-~, tee simp]e, buyer cw,'~ed.
NAME STREET ADDRESS
· Stanley Milow.~ ki
North }:edcral Highway Ta~;k Team
610 Allen Avenue
Detray Beach, FL 33483{
I:;-:ecutXve Dire:cf c.r
Comnumity Reduvelc,p:nent Agency
/k*lray E.',~r'l~, i'1. 13483
lh~,~l' ~'Ir. I If)Wi1:
.~vo ~i,lt% i n9 thi~ ~:.'~ ( ,,meJlt ,'.z pi ,,:;:~ ~ r..[ our ~qJp,mit i,)n .o
l/cdevel,t,lm;cnt /~pc~cy on April 10, 199t .
Since mar, y residents i.n this a~e., x,.j ~ 1 be o:Jl.. ~I -t, '..m this
:~umnt(,r, this is th~, (.,lily wa%, [C,~ [t~Jr~% ,~ m3 tO offic:~21~ ez[,fc:;s
W~, ,~lc m~f. i~ opposition to progres~i. Ill fac~., we feel
the dcw?lopmcnt et the 17-acre par'col ]moated east of F,3(ieral
liighway abutting the Kenmont section and Allen Avenue will
,,uhanc,, our aces tf done
wc arc in opp..mJ t i on to the high density rental apartment
propo~a] . Ch,mqin,i from the current low density residential
;{oning to the proposed 350 plus rental units wouId have a
w,,ja[.ivc c[Icct not o~]}' on property values, but would also
,',~ fcc't our community welfare and safety. We do not understan,]
why this properly must be rezoned in light of the construction
m~w under ~,ay j~st north of the proposed property, i.e., KoMomo
K,~ys-tw,~-.~,tor} to~ home;, fee simp}c, buyer owned.
Stanley Mi!owsk J
~ North Federal Highway Task Team
.~.. 610 Allen Ave~t~e
Delra~ Beach, FL 33483
Mr. Christopher J. Brov'n
Executive Director
Community Redevelopment Agency
24 N. Swinton Avenue
De]ray Beach, FL ]3483
D~,~z' Mr. Brown:
We, the undersigned property owners of Delray Meacb, Florida,
ar~ signing this statement expressing our opposition to the
proposed ;.~oninq changes as presented by the Community
Redevelopment Agency on April 10, 1996.
Since many residents in this area will be out-of-town this
summer, this is the only way for many of us to officially express
our opposition to the proposed rental project.
we are not in opposition to progress. In 'act, we feel that
the development of the 17-acre parcel located east of Federal
Highway abutting the Kenmont section and Allen Avenue will
enhance our area if done properly.
%'re are in opposition to the high density rental aDartment
proposal. Changi~g from the current low density residential
zoning to the Droposed 3%0 plus rental units would b. ave a
negative eifect ~]ot only on property values, but would also
effect our community welfare and safety. We do not understand
why this property must be rezoned in light of the construction
now under way iust north of the [~ropos,.~d property, i.e., Kokomo
Keys-two-story town homes, fee simple, buyer owned.
NAME STREET ADDRESS PHONE
'
,, , ,, / ~' " ~7~3~
Stanley Mi lowskJ
North Federal Highway Task Team
610 Allen Aven,J,~
Oe[ray Bt~c'h, FI, ~34~3
Mr. Christopher J.
Execut ] v{? Direct. or
Community Redevelopment Agency
24 N. Swinton Avenue
De]ray Beach, FL 33483
Dear Mr. Brown:
We, the undersigned property owners of Delray Beach, Florida,
are signing this statement expressing our opposition to the
[~roposed ~oning changes as presented by the Community
Redu, velopment Agency on April 10, 1996.
Since many residents ~n this area will be out-of-town this
summer, this is the only way for many of us to ofictally express
our opposition to the proposed rental project.
We are not in opposition to progress. In fact, we feel that
the development of the 17-acre parcel located east of F~deral
Highway abutting the Kenmont section and Allen Avenue will
enhance our area ].f dome pro~rly.
We are in opposJ tion to the h~gh density rental apartment
proposal. Changing from the curr,,r~t low densJ t'y
zoninq to the proposed ~50 p]us t'ental units would have a
effect not only on property values, but would also effect our
community welfare a~l~J safety. W{, do not understand why this
property must be rek:oned in light of the construction now under
way just north of the proposed property, i .e. , KoKomo Keys--
two-story towl~ homos, fee simp]c, buyer owned.
NAME STREET ADDRESS ~HO~4E
-, { -
, , - :, /~ >'
~. ~ ~ ~ . . .~ . ~--
[-'-" · 0-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
s .co 24-96 (sP ,c
DATE: JUNE 11, 1996
This is second reading and public hearing for Ordinance No. 24-96 which
amends LDR Section 2.2.6 (B) (2) by enacting special qualifications for
Historic Preservation Board membership pursuant to Florida Certified Local
Government Guidelines (B) (2) (a).
The City of Delray Beach became a Certified Local Government (CLG) under
State Historic Preservation gu/delines on November 22, 1988. To maintain
certification, a local government must meet certain prescribed criteria as
set forth by the Florida Bureau of Historic Preservation. Our CLG
agreement with the Bureau of Historic Preservation states, "that the City
shall establish an adequate and qualified historic preservation review
board composed of professional members as per Florida Certified Local
Government Guidelines (B) (2) (a). Our current qualifications are not as
specific in terms of historic preservation disciplines as those set forth
by the CLG Guidelines, nor do they reflect the fact that professionals in
those disciplines should be appointed, to the extent that they are
available in the community and apply for appointment. Hence, the .proposed
text amendment is necessary to bring our regulations into conformance with
state guidelines.
The Historic Preservation Board approved the text amendment on May 1, 1996.
The Planning and Zoning Board considered this item on May 20, 1996, and
voted unanimously to recommend approval. At first reading on June 4th, the
Commission voted unanimously to pass the ordinance.
Recommend approval of Ordinance No. 24-96 on second and final reading.
ref: agmemo 11
ORDINANCE NO. 24-96
AN ORDINANCE OF THE CIT~ COMMISSION OF THE CITY OF DELRA¥
BEACH, FLORIDA, AMENDING SECTION 2.2.6, "THE HISTORIC
PRESERVATION BOARD", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, BY REPEALING SUBSECTION
2.2.6(B) (2) IN ITS ENTIRETY AND ENACTING A NEW SUBSECTION
2.2.6 (B) (2) TO PRDVIDE FOR LANGUAGE INCORPORATING THE
FLORIDA CERTIFIED LOCAL ~ GUIDELINES CONCERNING
SPECIAL QUALIFICATIONS FOR HISTORIC PRESERVATION BQARD
MEMBERSHIP; PROVIDING A G~ REP~LF~ CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE EkATE.
WHEREAS, pursuant to I~R Section 1.1.6, the Planning and Zoning
Board reviewed the subject matter at its meeting of May 20, 1996, and voted
unanimously to forward the change with a recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning
and Zoning Board, sitting as the Local Planning Agency, has determined that
the change is consistent with and furthers the objectives and policies of the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions", Article
2.2, "Establishment Of Boards Having Responsibilities For Land Development
Regulations" , Section 2.2.6, "The Historic Preservation Board", Subsection
2.2.6(B) (2), of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and a new
Subsection 2.2.6(B)(2) is hereby enacted to read as follows:
(2) To the extent that such persons apply, the City
Commission shall appoint professional members from the
disciplines of architecture, landscape architecture,
history, architectural history, licensed contractor familiar
with restoration, planning, archaeology, or other historic
preservation related disciplines such as design, urban
planning, American studies, American civilization or
cultural geography. Lay persons of knowledge, experience
and judgment who have an interest in historic preservation
shall make up the balance of the Board. Preference should
be given to professional and lay persons who own property
within historic districts or whose property is individually
listed in the Local Register of Historic Places.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 18th day of June , 1996.
J City Cl~rk
First Reading June 4, 199 6
Second Reading June 18, 1996
- 2 - Ord. No. 24-96
TO: D,D.~V-I~ T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIREC'FOR
DEPARTMENT OF PLANNING AND ZONING
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF JUNE 4, 1996
The action requested of the City Commission is approval of an
amendment to the Land Development Regulations (LDRs): Special
Qualifications for Historic Preservation Board Membership. LDR
reference: Section 2.2.6(B)(2).
Section 2.2.6(B)(2) of the LDRs was adopted on March 10, 1987 before the City
became a Certified Local Government (CLG) on November 22, 1988. The CLG
agreement between the City and the Florida Bureau of Historic preservation
requires "that the City shall establish an adequate and qualified historic
preservation review board composed of professional members as per Florida
Certified Local Government guidelines." The current qualifications (Section
2.2.6(B)(2)) for appointment are not as specific in terms of historic preservation
disciplines as those set forth by the CLG Guidelines, nor do they reflect the fact
that professionals in those disciplines should be appointed, to the extent that
they are available in the community and apply for the appointment.
The Historic Preservation Board approved the proposed text amendment at its
meeting of May 1, 1996.
City Commission Documentation
LDR Amendment Re: HPB Membership Qualification
Page 2
The Planning and Zoning Board considered this item at its meeting of May 20,
1996 and voted unanimously to recommend approval of the text amendment as
follows.
Proposed Text Amendment
The proposed amendment deletes LDR Section 2.2.6(B)(2) and replaces it with
language that incorporates the Florida Certified Local Government Guidelines
(B)(2)(a).
To the extent that such persons apply, the City Commission shall
appoint professional members from the disciplines of architecture,
landscape architecture, history, architectural history, licensed
contractor familiar with restoration, planning, archaeology, or other
historic preservation related disciplines such as design, urban
planning, American studies, American civilization or cultural
geography. Lay persons of knowledge, experience and judgment
who have an interest in historic preservation shall make up the
balance of the Board. Preference should be given to professional
and lay persons who own property within historic districts or whose
property is individually listed in the Local Register of Historic Places.
Additional background and analysis is contained in the attached Planning and
Zoning Board staff report.
[] By motion, approve the text amendment to LDR Section
2.2.6(B)(2).
Attachments: P&Z Staff Report of May 20, 1996.
file/cayce/Idrtext4
MEETING OF: May 20, 1996
AGENDA ITEM: V-C Amendment to the Land Development
Regulations: Special Qualifications for Historic
Preservation Board Membership. LDR Reference:
Section 2.2.6(B)(2).
The item before the board is that of making a recommendation to the City
Commission on a proposed modification to the City's Land Development
Regulations (LDRs).
In 1980 Congress amended the National Historic Preservation Act to provide for
a process of certifying local governments to participate in the federal historic
preservation program. This amendment extended the federal/state partnership
to include qualified local governments, enabling them to participate more directly
in the federal preservation program, becoming essentially a third member of the
partnership, and offering them a better opportunity to direct preservation efforts
at the local level. According to the regulations, each State Historic Preservation
Office is responsible for preparing state guidelines for certifying local
governments.
The City of Delray Beach became a Certified Local Government (CLG) on
November 22, 1988. In order to maintain certification a local government must
meet certain prescribed criteria as set forth by the Florida Bureau of Historic
Preservation. One of the criteda cited by the Bureau's guidelines is to establish
and maintain a qualified histodc preservation board. The guidelines define
qualifications for membership as follows:
To the extent available in the community, the local government shall
appoint professional members from the disciplines of architecture, history,
architectural history, planning, archaeology, or other historic preservation
related disciplines such as urban planning, American studies, American
P&Z Board Memorandum Staff Report
LDR Text Amendment Re: Qualification for HPB Members
Page 2
civilization, cultural geography or cultural anthropology. Lay persons who
have demonstrated a special interest experience or knowledge in history,
architecture or related disciplines shall make up the balance of Board
membership, in the event that there are not enough professionals in the
community.
Florida Certified Local Government Guidelines (B)(2)(a).
The qualification guidelines for appointment to the City's Historic Preservation
board were adopted on March 10, 1987, before the City became a CLG. The
guidelines are defined in section 2.2.6(B)(2) of the LDRs as follows:
It is intended that members of the Board will be persons of knowledge,
experience, judgment, and background, and have personal or
professional interest or experience in historic restoration and preservation.
And that they will have the ability and desire to act in the public interest
and represent, insofar as possible, the various special personal and
professional interest required to make informed and equitable decisions
concerning the preservation, conservation, and protection of historic
districts and structures.
The current qualifications for appointment are not as specific in terms of historic
preservation disciplines as those set forth by the CLG Guidelines; nor do they
reflect the fact that professionals in those disciplines should be appointed, to the
extent that they are available in the community and apply for the appointment.
The CLG agreement between the City and the Florida Bureau of Historic
Preservation states in paragraph 3.2. "that the City shall establish an adequate
and qualified historic preservation review board composed of professional
members as per Florida Certified Local Government guidelines (B)(2)(a)."
As the HPB now serves as a representative of a CLG, the qualifications required
for appointment should be updated to reflect the State's guidelines for
qualification.
The HPB approved the text of the proposed amendment at its meeting of May 1,
1996 as follows:
?&Z Board Memorandum Staff Report
LDR Text Amendment Re: Qualification for HPB Members
Page 3
Proposed Text Amendment
The proposed amendment deletes LDR Section 2.2.6(B)(2) and replaces it with
language that incorporates the Florida Certified Local Government Guidelines
(B)(2)(a).
To the extent that such persons apply, the City Commission shall
appoint professional members from the disciplines of architecture,
landscape architecture, history, architectural history, licensed
contractor familiar with restoration, planning, archaeology, or other
historic preservation related disciplines such as design, urban
planning, American studies, American civilization or cultural
geography. Lay persons of knowledge, experience and judgment
who have an interest in historic preservation shall make up the
balance of the Board. Preference should be given to professional
and lay persons who own property within historic districts or whose
property is individually listed on the Local Register of Historic
Places.
Recommend approval of the proposed amendment to LDR Section 2.2.6(B)(2)
based upon a finding that the proposed modification is consistent with the State
of Florida Certified Local Government Guidelines.
Report prepared by · Patricia Cayce
file/LDRtext3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # /~.~.- REGULAR MEETING OF JUNE 18, 1996
FIRST READING FOR ORDINANCE NO. 21-96 ADOPTING THE 1994 STANDARD
BUILDING CODE
DATE: JUNE 14, 1996
This is first reading for Ordinance No. 21-96 which adopts the 1994 edition
of the Standard Building Code and amends Chapter 7, "Building Regulations",
of the T~nd Development Regulations to conform to its provisions.
Per statute, local governments with building construction regulation
responsibilities are re~ed to adopt one of the model codes recognized by
the State of Florida as the State Minimum Building Codes. The Building
Code Advisory Board of Palm Beach County, which was created for the purpose
of advising the County and its municipalities on the adoption of building
codes, has recommended the 1994 Sta~d Building Code, including the
Windborne Debris Impact StaD~a~d (SSTD 12-94). This impact standard was
discussed by the Commission on February 6, 1996, and was subsequently
adopted as a mandatory requirement by Palm Beach County.
Implementation of the 1994 building code began on June 1, 1996. The
windborne debris standard is to be implemented by October 1, 1996.
The Planning and Zoning Board considered this item on April 15, 1996, and
voted 5 to 0 to recommend adoption of the 1994 Standard Building Code and
the requisite text amendments to Chapter 7 of the Land Development
Regulations.
Recommend approval of Ordinance No. 21-96 on first reading. If passed, a
public hearing will be held on July 9, 1996.
re f: agmemo7
ORDINANCE NO. 21-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥
BEACH, FLORIDA, ADOPTING THE 1994 STARDARD BUILDING CODE
AND AMENDING CHAPTER SEVEN, "BUILDING REGULATIONS", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ASTA/~HED HERETO AND MADE A PART HEREOF, TO CONFORM WITH
THE PROVISIONS OF THE 1994 STANDARD BUILDING CODE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, purs~ant to Florida Statutes Chapter 553.73, local
governments with building construction regulation responsibilities are
required to adopt one of the model codes recognized by the State of Florida
as the State Minimum Building Codes; and
WHEREAS, the StaD_aard Building Code, 1994 Edition, has been adopted
by the State of Florida and is recognized as a State Minimum Building Code;
WHEREAS, the Building Code Advisory Board of Palm Beach County was
created for the purpose of advising the Board of County Commissioners and
local governments concerning the adoption of building codes and their
enforcement throughout the county; and
WHEREAS, the Building Code Advisory Board of Palm Beach County
recommends the adoption of the 1994 Standard Building Code, incl~,~ing the
Windborne Debris Impact Standard (SSTD 12-94); and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board, reviewed the subject matter at its meeting of April 15, 1996, and has
forwarded the changes with a recommeD~ation of approval; and
WHEREAS, the City Commission finds that the adoption of the 1994
Standard Building Code is in the best interest of the public health, safety
and general welfare of the citizens of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the 1994 Edition of the Stan_a_a~d Building Code be,
and the same is hereby adopted.
Section 2. That Chapter Seven, "Building Regulations", of the Land
Develo~ent Regulations of the City of Delray Beach is hereby amended to
conform with the provisions of the 1994 Stana~rd Building Code, as more
particularly described in Exhibit "A" attached hereto and made a part hereof.
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 all ordinances or parts of ordinances which are in
conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 21-96
The Tri-County's Most Comprehensive Business Coverage
States-of war
.LaWmakers working to cut money
' ring '
states use in' lu bus ness move
By SOUGATA ~- that ~must be stoppe~'
Horn said the b~ victims of corpo-
Federal and state authorities soon will rate relocation packages are small busi-
be considering legislation that could nesses, which may not provide enough
change the landscape of economic devel- jobs to
.opment initiatives. "About 50 percent of exports in this
In recent years, state economic devel- country are generated by firms with
i opers have waged all-out c~mpai_gns to less than 19 people," Horn said. "In
recrttit companies by offering them mil- contrast, companies with over 500 peo-
lions of dollars in cash, tax abatements, ple account for only a 7 percent share. I
income tax credits and infrastructure don't think that's fair."
preying on each other' for what many
-winner sister papers
bodies gear up a mi~fion to end the eco-
make 0n-line debut
'~s about topay off - ~ South ~o~ ~
fives have. brought mixed results, the Local business news from 28 of
J was needed, none was on the pending battle over job recruitment America's most dynamic markets -
~ -- at least not until Baden strikes some as ]~_])ow. including South Florida- is being
long. q~tis seems to come up every Ome the made available for access and
.vas a Catch 22," said Baden. northern states re_ali~e that their corpo- retrieval through a coordinated net-
,vvernment wanted to regulate rate sectors are emdingf said Larry Pel- work of 30 World Wide Web sites
tustry, but there weren't any ton, president of .the Business Develop- that will be launched Monday, June
hat were available because ment Board of PsiOn Beach County. 17 by the'South Florida Business
t a guaranteed market, who "You're lOOking at northern politicians Journal's parent company, Ameri-
spend the time to develop a trying to g~t i-e-elected in ~ommunities can City Business Journals Inc.
that have lost jo~ And any changes in "We are introducing, in one
years of research is about to federal legislation that impact recruiting stroke, the most comprehensive
m a big way for the 45-year- activities -are generally aimed at the database of local business news and
~hem~st, who said he started southern states, because that's where information available on the Web,"
~ on marine toxin research at the companies have migrated." said Ray Shaw, chairman of Ameri-
~973 "and it~'never stoppe~, Ohio state Senator Charles Horn, for' can City, the nation's leading pub-
y, as president~nd~ ._C~.~ ~ ~one, is trying to rally Midwestern gover- lisher of business newsPaPers. ~Fhis
~ased Chiral COrp., ]~addn is~' nors and citizens to f'md solutions for is proprietary news and information
...~ease see pa~ ~A what he calls "a debilitating practice"
ure Film, TVwork bring bucks to Bmward
.ebut~r~eltowner* rent room~ buy ['loWers, hire den~t~
BROWARD CouNTY,.~'.Fro~· Broward gconomic Devel/~anent,~
:ork, a new fixing Robert DeNiro's teeth to stip~ Council's~~~ :.'~':
.epot chain, plying Robert Duvall's contact'lens- The largest amount of money
debut this es, Broward County merchants go~- $3~.1
:overy Zone tinue to cash in on the area's b~- production
rdale, geoning film and television produc- feature
)ot store, to tion industry. $15.9 minion; television movies and
~rry desks, The proof is in the numbers: in series spent $2.7 million; and other
ther office 1995 the industry generated $62.8 permitted production, such as still
.~ ~ee pa~e 14 million for county businesses, from photom'aphv, commercial~.
SHIRLEY CAESAR OUTREACH MINISTRIES, INC.
606 W. Club Blvd.
P. O. Box $356
Durham NC 27702
BUSINESS: (919) 683-1161
FAX: (919) 688-?$19
CONCERT PERFORMANCE AGREEMENT
THIS AGREEMENT ("Agreement") is made by THE SHIRLEY CAESAR
OUTREACH MINISTRIES, INC., a Non-Profit Corporation with offices at 606
West Club Blvd., Durham, North Carolina 27701 and WILLIE POTTS JR./BCT
an individual, corporation or non-profit corporation, as appropriate with
offices at 634 ANGLER DRIVE. DELRAY BEACH, FL 33405 ("Concert Sponsor").
WHEREAS, The Shirley Caesar Outreach Ministries employs the
services of Evangelist Shirley Caesar, Gospel Recording Artist, and
accompanying singers and musicians; and
WHEREAS, the Concert Sponsor wishes to utilize the services and
abilities of The SHIRLEY CAESAR OUTREACH MINISTRIES during the term of
this Agreement for a Gospel Concert, and THE SHIRLEY CAESAR OUTREACH
MINISTRIES is willing to offer such services upon the terms and conditions in
this Agreement:
NOW THEREFORE, in consideration of the promises contained herein,
the parties agree as follows:
I. ENGAGEMENT AND DUTIES: During the term of this Agreement. the
Concert Sponsor hereby engages THE SHIRLEY CAESAR OUTREACH
MINISTRIES AND THE SHIRLEY CAESAR OUTREACH MINISTRIES agree to serve
the Concert Sponsor, as an independent contractor. THE SHIRLEY CAESAR
OUTREACH MINISTRIES shall furnish the services of EVANGELIST SHIRLEY
CAESAR, accompanying singers and musicians (the '"Artists") for a Gospel
Concert that will be:
1. Held at (Place of Engagement): DELRAY BEACH TENNIS CLUB
with a seating capacity of 8500
Address): 200 N.W. 1ST AVE
(City):DELRAY BEACH(State): FLZip Code):
2.Advertised at prices of ~; 12.0"~-The maximum
gross potential for the concert is ,~
3.On (Date(s) of Engagement): SATURDAY, OCTOBER 5, 1996
4. Starting at (Time of Concert (s): 7:30 P.M. There will be a
sound check (Time) 12:00 P.M. prior to the concert.
II. TERMS. This Agreement shall begin upon receipt of the initial deposit
required pursuant to the terms of compensation following and upon
receipt of a duly executed contract and shall terminate on
SATURDAY, OCTOBER 5, 1996 or upon written notice from THE SHIRLEY
CAESAR OUTREACH MINISTRIES at least 30 days prior to the concert date.
This Agreement shall also be subject to termination upon either parties
failure to comply with any of Its terms and conditions.
III. COMPENSATION FOR SERVICES: For all services rendered by THE
SHIRLEY CAESAR OUTREACH MINISTRIES under this Agreement, the Concert
Sponsor shall pay The Shirley Caear Outreach Ministries TWELVE THOUSAND
FIVE HUNDRED DOLLARS ($12,500.00~ payable in UNITED STATES CURRENCY
BY CERTIFIED OR CASHIER'S CHECK (NOTE: ALL CERTIFIED OR CASHIER'S
CHECKS SHOULD BE MADE OUT TO THE SHIRLEY CAESAR OUTREACH
MINISTRIES), MONEY ORDER, BANK DRAFT, OR CASH as follows (PLEASE
NOTE: NO PERSONAL CHECKS WILL ACCEPTED):
1. Initial Deposit. An initial deposit equal to 10% of the total
contract price or $1~250.00 is due upon the signing and submittal of the
Agreement by the Concert Sponsor to THE SHIRLEY CAESAR OUTREACH
MINISTRIES. The Agreement and initial deposit should be mailed to THE
SHIRLEY CAESAR OUTREACH MINISTRIES, P. O. BOX 3336, DURHAM, NC
27702 or EXPRESSED MAILED TO THE SHIRLEY CAESAR OUTREACH MINISTRIES,
606 W. CLUB BLVD., DURHAM, NC 27701'.
2. ADDITIONAL DEPOSIT. An additional deposit equal to 40% of
the total contract price or ~;5,000.00 is due at the offices of THE SHIRLEY
CAESAR OUTREACH MINISTRIES noted above via express maid or the post
office box via regular mail at least 30 days prior to the concert date,
$. FINAL PAYMENT. The remaining balance of $6,250.00 shall be
paid by the Concert Sponsor to The Shirley Caesar Outreach Ministries not
later than ONE HOUR prior to the scheduled performance, IN CASH.
NOTE: ALL DEPOSITS ARE NON-REFUNDABLE.
IV. COSTS OF ACCOMMODATIONS: The Concert Sponsor shall pay for
all accommodations, including but not limited to the following:
1. Round Trip air travel for EVANGELIST SHIRLEY CAESAR AND ONE
(1) MUSICIAN to and from the city of the engagement.
2. One suite for Evangelist Shirley Caesar AT AN EMBASSY SUITES
HOTEL OR ONE COMPARABLE TO THE MARRIOTT.
3. Three (3) private dressing rooms with lavatory facilities, mirrors,
chairs, waste basket, and full security during the concert performance.
NOTE: THE AREA BETWEEN THE DRESSING ROOMS AND THE
STAGE SHOULD BE KEPT CLEAR AND BE AS FAR FORWARD
FROM AUDIENCE ACCESS AS POSSIBLE.
4. A Limousine or town car to be available to and from the
airport, and to and from the hotel to the place of engagement.
5. Hot tea with lemon, spring water, orange juice, fruit basket,
and a hot entree tray (no pork)is to be placed in Evangelist Caesar's
dressing room.
6. Orange juice, sodas, and hot entree trays for ten (11) is to be
place in the dressing rooms of accompanying artists' and musicians.
7. A Complete Professional Sound System consisting of:
(a) one lead microphone with a 50 foot cord,
(b) four background microphones,
(c) one organ vocal microphone,
(d) one microphone to amplify the piano
(e) three microphones to amplify the drums for a total of
ten (10) microphones,
(f) four vocal monitors,
(g) four band monitors,
(h) 24 channel house board (no compressor or limiter)
(i) A full set of name brand drums (preferably Tamas or
Yamaha )
with cymbals and hi-hat,
(j) One bass amplifier (Trace Elliot, or Gale and Kruger)
(k) Two lead guitar amplifiers (Roland J, C. 120 or Fender
Twins),
(I) One Hammond B-3 organ with Leslie Speaker, and
(m) One piano tuned to A-440.
8. One stage at least 20' x 20' in width and at least a minimum of
3 feet high from the floor.
9. The Concert Sponsor shall provide the Artists with ten (10)
complimentary tickets to each concert engagement. Tickets shall be
sent to the Shirley Caesar Outreach Ministries along with the additional
deposit at least &0 days prior to the concert engagement.
10. The Concert Sponsor shall provide convenient parking for
Artist's coach bus,
V. MERCHANDISING: The Shirley Caesar Outreach Ministries shall have
the Sole and Exclusive Right, but not the obligation to sell souvenir
programs, posters and all other merchandise directly pertaining to and/or
bearing the name or likeness of Evangelist Shirley Caesar or
accompanying singers and musicians, including CD's and Cassettes in
connection with, and at the concert performance(s) subject to this
Agreement, and to retain 100% of the receipts therefrom, unless some
other arrangement is reached, as evidenced in writing prior to the date of
the concert performance.
VI. RESTRICTIONS AND LIMITATIONS. The following restrictions and
limitations apply to the Concert Sponsor under this Agreement,
NOTE: THE VIOLATION OF ANY OF THESE RESTRICTIONS
OR LIMITATIONS CONSTITUTE A SINGULAR REASON THAT THE SHIRLEY
CAESAR OUTREACH MINISTRIES MAY TERMINATE THE AGREEMENT.
1. The Concert Sponsor SHALL NOT USE the likeness or name of
any of the Artists other than to promote the concert event, and SHALL NOT
begin such promotion until a signed contract and the required initial
deposit has been received at the office of THE SHIRLEY CAESAR OUTREACH
MINISTRIES.
2. The Concert Sponsor SHALL NOT COMMIT THE ARTISTS,
individually or collectively, to public appearances, interviews or any other
promotional exercise, without the express written consent of The Shirley
Caesar Outreach Ministries,
$. The Concert Sponsor SHALL NOT PERMIT OR ALLOW any motion
pictures to be token of the Artists while on stage or off-stage without
express written consent of The Shirley Caesar Outreach Ministries.
4. The Concert Sponsor SHALL NOT PERMIT OR ALLOW any sound
recording or videotapings of the Artists while on stage or off-stage without
express written consent of The Shirley Caesar Outreach Ministries.
5. The Concert Sponsor SHALL NOT PERMIT OR AUTHORIZE any
recordings, broadcast, telecast or photographing of the Artists'
performance, or any part thereof without express written consent of The
Shirley Caesar Outreach Ministries.
VII. BILLING: The Artists (specifically, Evangelist Shirley Caesar) shall
have 100% or equal STAR BILLING in any and all publicity releases and
paid advertisements, including but not limited to, program fliers, signs
lobby boards, radio advertisements and marquees.
VIII. CONFIDENTIALITY: The Concert Sponsor acknowledges that any
Information he or she obtains regarding the operation of The Shirley
Caesar Outreach Ministries or its Artists, services, products, policies or any
other aspect of its business is confidential, and shall not be revealed or
disclosed to any person, company, or other entity without the express
written consent of The Shirley Caesar Outreach Ministries.
IX. MISCELLANEOUS:
1. The Concert Sponsor shall notify The Shirley Caesar Outreach
Ministries in writing should ticket prices or seating capacity for the concert
event change.
2. The obligation of The Shirley Caesar Outreach Ministries to
furnish the Artist is subject to the detention or prevention by sickness,
inability to perform, accident, means of transportation, act of God, riots,
strikes, labor difficulty, epidemics, Inclement weather and any act or order
of public authority, or any cause, similar or dissimilar, beyond the Artist's
control. IF ANY OF THE FOREGOING EVENTS OCCUR THE CONCERT
SPONSOR AND THE SHIRLEY CAESAR OUTREACH MINISTRIES SHALL
DETERMINE A FEASIBLE DATE TO RESCHEDULE THE CONCERT. NOTE: THE
SHIRLEY CAESAR OUTREACH MINISTRIES SHALL HAVE THE SOLE RIGHT TO
DETERMINE WHETHER ANY OF THE ABOVE REFERENCED CONDITIONS OR
OCCURRENCES RENDER THE CONCERT PERFORMANCE(S) IMPOSSIBLE,
HAZARDOUS, OR UNSAFE.
3. Any failure on the part of the Concert Sponsor to comply with
the above mentioned provisions shall be deemed a breach of this
Agreement, and The Shirley Caesar Outreach Ministries shall have the right
to Cancel the Agreement and RETAIN ANY AND ALL DEPOSITS PAID.
4. The laws of the state of North Carolina shall govern this
Agreement.
5. If any provision of this Agreement is invalid or inoperative
under law, the remaining provisions of this Agreement shall continue in full
force and effect.
THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT OF THE
PARTIES, AND SUPERSEDES ANY AND ALL PREVIOUS
AGREEMENTS THEY MAY HAVE MADE, WHETHER ORALLY OR IN
WRITING.
PURCHASER PRODUCER
BY BY
DATE DATE
PLEASE SIGN ALL COPIES AND RETURN TO OUR OFFICE.
WE WILL EXECUTE THEM AND FORWARD A COPY TO YOU.