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07-16-96 Special/Workshop DELRAY BEACH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION ~ Ail-America City FIRST FLOOR CONFERENCE ROOM The City will furnish appropriate auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA LEASE AGREEMENT WITH ~ALM BEACH COUNTY FOR THE ~EAD START PROGRAM: Approve a lease agreement with Palm Beach County for a lease back of 0.994 acres of the ~Catherine Strong property for use as a temporary site for the Head Start Child Care Program, with an option to purchase 2.25 acres for a permanent site. ~ITTLE LEAGUE: Consider a request for funding for the Keith Straghn Traveling All Stars. WORKSHOP AGENDA Consideration of ,~ension refund for Arthur and Robert Garland having over 30 years of service. (2) Proposed layout for additional parking for ~andoway House, and conversion of ~ngraham Avenue to one-way, west bound traffic. (3) JLakeview Golf Course Clubhouse alternatives. (4) Consider action on the '~ederal Communications Commission's Open Video System (OVS) Rule. (5) FY 1996/97 Budget Presentation. (6) Comments and Inquiries on Non-Agenda Items. a. City Manager b. City Attorney c. City Commission 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. [ITY OF I]ELARY BER£H DELRAY BEACH ~ 100 N,W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 .407/243-7000 AII-AmericaCity MEMORANDUM 1993 TO: David T. Harden, City Manager FROM: ~:~ Robert A. Barcinski, Assistant City Manager SUBJECT: Special Agenda Item #SP.L~ity commission Meeting 7/16/96 Lease Agreement Between the City and Palm Beach County for the Delray Beach Head Start Program DATE: July 10, 1996 Action City Commission is requested to approve a lease agreement between the City of Delray Beach and Palm Beach County for a lease back of approximately 0.994 acres of the Catherine Strong property for use as a temporary site for the Head Start Child Care program, with an option to purchase approximately 2.25 acres during the term of the lease for a permanent site for the program. Background Approximately a year and a half ago City Commission received title to the Catherine Strong property from the County, with the understanding that the Head Start program would move to the Delray Full Service Center and the Boys and Girls Club would lease the existing building and a portion of the site for their program. Unfortunately, the building programmed for Head Start use at the Full Service Center was found to be unsuitable for that use by HRS. An alternative was suggested by the Boys and Girls Club staff whereby we would lease back a portion of the property to the County to install modular units for use by the Head Start program. We have for some time now been working together with the County and Boys and Girls Club staff to develop an acceptable agreement, and or find another suitable location within the Head Start target area for the program. County staff has pursued a grant program from the Federal Government to help defray the costs for the temporary facilities and have received a verbal commitment for the funding, pending approval of a lease agreement between the City and the County. THE EFFORT ALWAYS MATTERS Agenda Item # Page 2 The main provisions of the lease agreement before the Commission are as follows: · Lease back of approximately 0.994 acres as designated on the attached map to the County for the temporary facilities. · Term of 5 years with a 5 year renewable option. · Option for the County to purchase for $1.00 approximately 2.25 acres for a permanent building with the location to be determined when a master plan for the site is completed or when funding is available, whichever is first. · An agreement whereby the City would provide the 2.25 acres at another location within the Head Start target area if it is not feasible to provide a location on the existing site. · Installation of water and sewer lines to the temporary site by the City. A map showing the location of the lease premises is attached to the agreement. I have also attached a map which illustrates the relationship of the 2.25 acres for the permanent site to the whole site. This is for illustration purposes only. Recommendation Staff recommends approval of the proposed lease agreement between the City and Palm Beach County for use by the Head Start program. RAB:kwg File:u:graham/agenda Doc.:HdStart. Lse LEASE &(JRBBK]C~q'Z CXTY OF DBLRA¥ BBACHt FLORIDA (Lessor) and on behalf o~ (~ssee) TABLB OF CONTENTS PAGE ARTICLE I BASIC LEASE PROVISIONH Section ~.0! Premises ...................................... 1 Section 1.02 Parking ....................................... 1 Section 1.03 Length of Te~ and Conencement Date .......... Section 1.04 Option ~o Extend .............................. Section 2.02 ~ual Rent ................................... 2 Section 2.02 ~sessnents .................... J .............. 2 Section 3.01 ~ssorss ~ork ................................. 2 Section 3.02 (a) ~sseeos Work ................................. 2 (b) Alterations ................................... 2 (c) Const~ct/on Liens ............................ 2 ~TXCLB ZV ~UCT OF BU8~8S ~ UHB OF BY SeXism 4.01 Use of Premises .............................. 3 Section 4.02 ~aste orO~utsance ............................. 3 Section 4.03 Gover~ental Regulations ...................... 3 Section 4.04 Surrender of ~emises ......................... 3 ~T~CLB V ~PAZRB ~Z~BN~CE OF Section 5.01 Responsibility of ~ssor and ~ssee ........... 3 Section 5.02 Responsibility of ~ssee Reqardin~ Alterations and Personal Property ........................ 3 ARTZCLE VZ ~HSU~CB ~D Section 6.01 L/abil/2y Ynsurance ........................... 4 Section 6.02 Indemnification .............................. 4 ~XCLB VII DBB~U~ZON OF ~BBEEtB ALTE~TZON~ ........... 4 ~TIC~ VIII UTIL~TIEH ~ SERVICES ........................ 4 ~TIC~ X DEFAULT OF LESSEE Section 10.01 Events of Default ............................. Section ~0.02 Waiver, Accord and Satisfaction ............... '~ Section ~0.03 Enforcement Costs ............................. ~TIC~ XI ~AL B~ET~Y F~N~/C~CEL~TION ..... - .... ~TIC~ XII QUIET BNJO~E~ Section 12.01 ~ssores Covenant ............................. '.. ~T~C~ XII~ O~ION ~ ~A~UI~A ~RTION OF ~E PROPERTY ~TICLE X~ M]SCEL~OUS - Section 14.01 Entire Aqreement .............................. 6 ~'2: Section 14.02 Notices ....................................... 7 :. Section 14.03 Brokers Co~ission ............................ Section ~4.04 Severab~l~ty .................................. 7 Section ~4.05 Captions ...................................... 7 Section ~4.~6 Reco~tng ..................................... . Sect~o~ 14.07 Gove~g ~w ................................. . Section 14.08 T~me of Essence ............................... Sect~o~ ~4.09 B~ef~t and B[nd~ Eff~ .................... E~t 'A" ~gal ~scr~ptton of ~ssor's Prope~y ........ 9 E~tbit "B" Site Plan ..................................... 10 THIS I~E &GI~EEMENT, lade end entered into this day of , 1996, by end between the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as "Lessor*' and PALM BEACH COUNTY, & political subdivision of the State of Florida, on behalf cf the Department of Community Services, Head St&rt&ndChildren Services Div~sion, hereinafter referred to as "Lessee". WHBP~AS, Lessor is the owner of certain reel property in Palm :~:. Beach County, Florida, as said property is legally described in Exhibit 'Aw attached hereto and hy reference made a part hereof b (the #Property"); end "' WHEREAS, Lessee desires to lease a portion of the Property for ~ use in the establishment and operation of a day care center for its :... Head Start Program; and WHER]C~S, Lessor is willing to lease a portion of the Property to Lessee for said purposes. NOW THEREFORE, in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to he observed and performed, Lessor demises and leases to Lessee and the Lessee rents from Lessor the premises hereinafter defined upon the following terms and conditions: &RTXCLB X BIBIC LEABB PROVISIONS Section ~.01 Premises. The premises sub)act to thisLease, consists cf approximately 0.994 acres of land located on the northwest corner of the Property, fronting on 6th Street, Delray Beach, Florida as depicted as *Lease Area 2" on the Site Plan attached hereto as Exhibit mE", together with Lessor*s interest, if any, in all improvements and appurtenances thereto (the **Premises"). Lessor hereby grants Lessee a non-exclusive easement across the Property for ingress and egress " to the Premises, during the Term of this Lease. Section 1,02 P&rkinq The use and occupancy of the Premises by the Lessee shall include free parking on the parking lot located east of and adjacent to the Premises for the Lessee, its agents, employees, licensees and invitees. '~ section Los Length of Term and Commencement Date. · ~ The Term of this Lease shall commence upon the date of full · execution of this Lease (the 'Commencement Date") and shall extend for a period of five (5) years thereafter, unless sooner terminated pursuant to the provisions of this Lease (the "Term"). Section 1.04 Option to Extend. (a) Lessee is hereby granted the option to extend the Term of ~. this Lease for one (1) additional period of five (S) years (the .. 'Extended Term") under the sane terms and conditions specified i: herein. (b) Lessee shall exercise its right to extend the Term in the i. following manner. At least ninet~ (90) days, but not more than one ..:· hundred fitty (1501 days prior to the expiration of the Term, ~' Lessee mhall notify Lessor in writing of its election to exercise .. Leseee's right to extend the Term of this Lease. ARTICLE XX RENT 8ection 2.01 ~unual Rant. The Rent payable annually in advance by h eases for the ?arm of this Lease for the use and occupancy of the Premises is One Dollar ($1.00) per annum. Lessee is a tax exempt entity aa evidenced by tax exemption J 60-2211419753 C. No sales or use tax shall be included or charged with Rent or any other payment required of Lessee pursuant to this Lease. Payment of Rent will be mailed to Lessor as mtated in Section 14.02 of this Lease. Beottom S.OS During the Ter~ of this Lease Lessee shall pay before delinquency all aasessmente that may be leviedby any governmental authority &gainer the l~emisee or Leesee*s Alterations constructed cn the Premises. ~ONSTRUC~XON OF I~AmED PRBHIBBB Se~tiom S.O~ ~essor*s Work. #ithin three (3).monthe following the Conencement Date of this Lease, Lessor, at i%s sole cost and expense, shall extend the water and sanita~ sewer lines located on the north s~de of the Property to the Premises. In addition, Lessor shall pay all connection fees and costs necessa~to initiate water and sanitar~ ·ewer service to the Premises. ~e foregoinq water and sanitary se~e~ ~mprove~entm will remain the property of the Lessor. Other than aa specified in this Section 3.01, no other alterations or remodeling of the Premises ~s required to be done by Lessor as a condition of this Lease. (a) Lessea*s Work. Lessee agrees at its own cost and expense to perform all work, other than Leesor's work, which Ia necessary to fully equip and maintain the Premises for the lawful use of the Premises as specified in Section 4.01 of this Lease. (b! Alterations. Any installation, alteration, Improvement, addition or modification to the Premises by Lessee (hereinafter collectively referred to as "Alterations"), the value of which exceeds Twenty Five Thousand Dollars ($25,000), shall require the prior written consent of Lessor in each instance. Lessee shall submit detailed plans and specifications for all such Alterations to Lessor for Lessor~e written approval prior to Lessee's commencing work on same. Lessor shall provide written response to Lessee within fifteen (15) days after receipt of request submitted by Lessee. Lessor hereby agrees to assist the Lessee in mitigating the ~mpacts of parking, landscaping and drainage requirements resulting from Lessee~s permitted use of the Premises to the extent permittedbyapplicable codes. Lessee acknowledges and agrees that all Alterations, whether pursuant to this Section or otherwise, are performed and accomplished solely for the benefit and convenience of Lessee, and not for the benefit of Lessor, such Alterations being nevertheless sub, act to each and every provision of this Lease. All work done by Lessee in connection with any Alterations, repairs and maintenance on the Premises shall be done in a good and workmanlike manner and shall be diligently prosecuted to completion strictly tn accordance with the plans and specifications therefor. (e) oonstruction Liens. Lessee shall comply with the Construction Lien Lew, Florida Statutes Chapter 713, Pa~tI, in the construction of Mly Alterations to the Premises, end shall where required, obtain a Public Performance Bond in accordance with Florida Statutes 255.05 prior to commencing any such Alterations. 2 In the event a construction lien is filed against the Premises in connection with any work performed by or on behalf of Lessee, the Lessee shall promptly take action to have the lien removed from the Premises. Further, Lessee to the extent permitted by law, agrees to indemnify, defend and save Lessor harmless from and against any damage or loss incurred by Lessor as a result of any such construction lien. ~OHDU~T OF BUSXNBO8 Jd~D USS OF PRBJilBBS BY LBSflBB Section 4.OX Uso of Premises. Lessee shall uae and occupy the Premises for the establishment and operation of a child day care canter, business office, meeting room and recreational center in conjunction with its Head Start child care and development program and for~oo~herpurpose or use whatsoever, without tha prior written consent of the l~ssor. Lesseees obligations under this Lease are contingent upon Lesseees - permitted use of the Premises being allowed under all applicable zoning laws, rules and regulations affectin9 the Premises. Lessee shall not commit or suffer to be committed any waste upon the Premises or an~ nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which .:' may effect Le~sor*s interest in the Premises. Lessee shall not dispose of uny contaminants including, but not limited to, · . hazardous or toxic substances, chemicals or other agents used or : produced in Lessse*s operations, on the Premises or the Property generally, in any manner not permitted by law. All refuse is to be removed from the Premises at Lessee's sole cost and expense and Lessee will keep such refuse in proper fireproof containers on the interior of the Premises until removed. Lessee will keep the access to the Premises, the parking areas and other contiguous areas to the Premises free and clear of obstruction. Lessee, at its sole cost and expense, will keep the Premises free of rodents, vermin and other pests. Section 4.03 ~ove~nuentsl Regulations. Lessee shall, at Lessee's sola cost and expense, comply with ail ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may " hereafter be in force, pertaining to Lessee, its use of the Premises, or the Premises generally. Lessee shall, to the extent permitted by law, indemnify, defend and save Lessor harmless from any and sll penalties, fines, costs, expenses, suits, claims, or damages resulting from ~essee's failure to perform its obligations in this Section. Section 4.04 Surrender of Premfses. Upon termination or expiration of this Lease, Lessee, at its sole cost and expense, shall remove Lessee*s personal property and removable fixtures aF~l equipment from the Premises and shall surrender the Premises to Lessor in the same condition the Premises were in as of the Commencement Date of this Lease, reasonable wear " and tear excepted. Upon surrender of the Premises, title to any ':i' and all remaining Alterations shall revert to Lessor. ARTICLE V ~p~ltX~t~ AND HJ~XNTENANCE OF PRF, HXBES . Section S.OX Rssponsiblli~/ o£ L~ssor and Lasses. .:::. Lessor shall not be obligated or required to conduct any :. maintenance or make any repairs whatsoever to the Premises. All portions of the Premises, and all Alterations constructed on the ::.' Premises shall be maintained and kept in good repair and condition by Lessee at Lessee*s sole cost and expense. Lessee°s maintenance responsibilities shall specifically include maintenance of the fencing, grounds and irrigation system and the painting of buildings located on or within the Premises. Section S.02 Responsib~lity of Lessee Regarding Alterations md Personal Property. All Alterations and personal property of Lessee shall remain the property of the Lessee at Lesseets sole risk for the Term of th~s Lease, or any ~xtension or renewal hereof. Lessee shall, during the entire Term hereof, provide Lessor ":": with a certificate evidencing self-insurance coverage for .. comprehensive general liability in the amount of $100,000 per person end $200.000 per ~ncident or occurrence. In the event the Legislature should change ths Lesseets exposure by Statute above or · . below the sums ~nsured against~ Lessee shall provide insurance to the extent of that exposure. Section 6.02 Indemnification. · Lessee shall, to the extent permitted by law, indemnify and save harmless Lessor from and against any and all claims, suits, actions, damages and/or bauses of action arising during the Term of this Lease 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 Lessee, its agents, employees, licensees and invitees, and from and against any orders, Judgements, 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. Nothing herein shall constitute a waiver of the sovereign immunity ... of either party, as provided in Florida Statutes 768.28 as amended. I%RTICLE VII DESTRUCTION OF LE88ERSS &LTBRATION8 In the event any of Lessee'e Alterations shall be destroyed or so damaged or injured by fire or other casualty during the Term of this Lease, or any extension thereof, Lessee shall commence restoration or removal thereof within one hundred twenty (120) days and thereafter d£1igently pursue the restoration or removal to completion. Notwithstanding the foregoing, in the event of any such casualty, Lessee shall have the right, to be exercised in its sole discretion, to terminate this Lease. In the event Lessee elects to terminate this Lease, Lessee shall first place the Premises in a safe and sightly condition in compliance with all Building, Fire and other applicable codes and shall at the request of Lessor remove any improvements which are materially damaged. ARTICLB VIII UTILITIES &ND BERVICE8 Other than as provided in Section 3.01 of this Lease, Lessee she1! ~ake arrangements for the supply to the Premises of any and all utilities and services required by Lessee by contracting directly with the utility or other companies furnishing such utilities and services to the Premises. Lessee aha11 be solely responsible for and promptly pay directly to the utility or other provider of such service al! charges and assessments for water, gas, electricity, tra~hcollection slid re. oval or any other utility used or consulted on the Premises. In no event shall Lessor be liable for an interruption or' failure in the supply of any such utilities to t~e Premises. 4 ARTICLE IX &SSIGN~ENT ~ND SUBLETTING Lessee may not assign, mortgage, pledge or encumber thisLease ~- In whole or in part, nor sublet all or any portion of the Premises, without the prior written consent of the Lessor. All easements including, but not limited to, utility easements are expressly - prohibited without-the prior written approval of Lessor, which approval Ihall not be unreasonably withheld. Any easement, ' assignment or sublease not approved in writing by Lessor shall be void end without legal mffect. DZFAULT OF Section 10~01 L~eentm o£ Default. · he occurrence of any one or more of the following shall constitute un Event cf ~efault by Lessee under this Lease: Lessee shall fail to perform or observe any of the agreements, covenants or conditions contained in thisLease enLeesee's part to be perforned or observed and such failure shall continue for more than thirty (30) days after notice from Lessor~ (ii) Lessee shall vacate or abandon the Premises; or (iii) Lesseets leasehold estate shall be taken by execut'ion, attachment or process of law. If any Event of ~efault occurs, then, at any time thereafter while the Event of Default continues, Lessor shell have the right to give Lessee notice that Lessor intends to terninate this Lease upon a specified date not less than three (3) days after the date notice is received by Lessee, and thisLease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Tern of this Lease. If, however, the default is cured within the three (3) day period and Lessor is so notified, this Lease will continue. Section 10.02 Waiver, Xccord and Satisfaction. The waiver by Lessor of any default of any tern, condition or covenant herein contained shall not be a waiver of such term, condition or covenant, or any subsequent default of the same or any other tern, condition or covenant herein contained. The consent or approval by Lessor to or of any act by Lessee requiring consent or approval shall not be deemed to waive or render unnecessary Lessor's consent to or approval of any subsequent similar act by Lessee. Section 10.03 Bnforcomsnt coats. :- In the event any action, suit or proceeding is commenced with respect to interpretation or enforcement of this Lease, the prevailing party therein shall be entitled to recover all costs, expenses and fees, including, without limitation, reasonable attorney's fees, expended or incurred by such party in connection . therewith, including any such costs, expenses and fees upon appeal '- and in post Judgement proceedings. ARTICLE XI ]tNNUAL BUDGETARY FUNDING/CANCELLATION '' This Lease and all oblige,isYs of Lessee hereunder are subject · to and contingent upon annual budgetary funding by the Board of C~tmty Commiesionern of Palm Beach County. Notwithstanding InFthing in thiaLe~totha contrary, Lessee shall have the right to cancel this 14au ~or any reason upon Iix (6) months prior written notice, whereupon the parties shall be relieved of all further obligation hereunder. ~U~RT EH~O~HBHT Upon the observance end performance of all the covenants, terms end conditions on Leaaesss part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised without hinderance or Interruption by Lessor or any other person or psrsons lawfully or equitably claiminq by, through or under the Lessor, subject, nevertheless, to the terms and conditions of this Lease. Ol~IOI TO IBIti~UIP~ ~ PORTXOH OF TI~ PItOPERT~ Lessor hereby acknowledges that Lessee, in response to Lesscrts request, conveyed the Property to Lessor for use solely ~ end exclusively for public perk and recreational purposes, or other public purposes. Lessor hereby qrants the Lessee the option to .... reacquire a portion of the Property consisting of approximately 2.25 contiguous acres of vacant land, to~ether witheuch additional area as m ay bm required to provide drainage and utilities, for uae in the construction of a permanent Heed Start child care center (the 'Facility'). The location of said land on the Property will be Identified on a Master Plan for the Property which the Lessor will complete end submit to Lessee prior to the expiration of the initial Term of this Lease. In the event the Lessee notifies the Lessor prior to the completion of said Master Plea that the L~ssse has sufficient funds to design and construct the Facility, the Lessor at the request of the Lessee, shell designate which portion of the Property the Lessee may reacquire for use in the construction of the Facility. Lessee shell exercise its right to reacquire this land during the Term of this Lease or any extension thereof by submtttin9 detailed pleas and specifications for the Facility to the Lessor for Lessor's written approval. Lessor shall provide written response to Lessee within ninety (90) days after receipt cf Lessee's pleas and specifications, Upon receipt of Lessor's approval of the plans and specifications, Lessee shell deliver to Lessor a certified survey and leqal description of the portion of the Property designated by Lessor es the site for the construction of the Facility and Lessor shall then reconvey title to said land to Lessee, without charge therefore. Notwithstanding anything in this Article XII! to the contrary, tn the event the Lessor determines through its Master Plan planning process or other analysis that the Facility cannot be accommodated on the Property, the Lessor hereby agrees, at its sole cost and expense, to acquire and convey to Lessee an alternate parcel of vacant land which meets Lessee*s requirements and which is'located within the target area served by the LesseeSs Delray Beach Head Start program. In the event Lessee has exercised its option to rsacquire a portion of the Property, this Lease shell remain in full force and effect until Lessee has completed the construction of the Facility whereupon this Lease ~hall then expire and tho parties shall be relieved of ell further obligations hereunder. I~TICLE XXV MIeCELL~NEOU8 · :' leotion X4.0~ Entire &graement. ~ ThisLease and any Kxhtblts attached hater0 and forming a part · - thereof as if fully set forth herein, constitute all agreements, -." conditions and understandings betwean Lessor and Leases concerning the Premises. All representations, either oral or written, shall : be deemed to be merged into thisLease. Except as herein otherwise 6 provided, no subsequent alteration, waiver, change or addition to thisLease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. Section 14.0a Notices. Any consents, approvals and permissions by Lessor shall be effective and valid only if In writing and any notice by either party to the other shall be tn writing and shall be deemed to be duly qtvu only if mailed prepaid by certified mall return receipt requested, addressed: (a) I! to Lessor mt: City of Delray Beach Office of the City Attorney 200 N.W. 1st Avenue Delrey Beach, FL 33444 (b) If to Lessee at: Property and Real Estate Management Division Attn: Director .. 3323 Belvederd Road, Building 503 West Palm Beach, FL 33406 with a copy to: Palm Beach County Attn: County Attorney 301 North Olive Avenue West Palm Beach, FL 33401 Either party hereto may change the address for service of notices required or permitted hereunder upon ten (10) days prior written notice. Ail notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shall show the notice to have been delivered, refused, or undeliverable, as evidenced by the return receipt. Bastion 14.03 Brokers Commission. The parties hereto represent and warrant to the other that there are no claims for brokerage commissions or finders fees in connection with the execution of this Lease, and agree to Indemnify, defend and save the other harmless from all liabilities arising from any such claim including, without limitation, the cost of counsel fees in connection therewith. .. Bastion 24.04 Severabilit7. · If any term of this Lease, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Lease, 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 Lease, shall be valid and enforceable to the fullest extent permitted by law. Section 14.o5 Captions. The captions in this Lease are Included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. Section 14.06 Recording. Lessee shall not record this Lease, or any memorandum or shor~ form thereof, without the written consent and Joinder of Lessor. Section 14.07 Governing Law. This Lease shall be governed by and interpreted according to the Laws of the State of Florida and venue shall be in Palm Beach County, Florida. Section 14.OS Time of essences Time is of the essence vith respect to each provision of this Lease which requires that action be taken by either party within s stated tiam period, or upon a specified date. Any reference to a certain number of d~¥s shall be deemed to be calendar days. Any time period provided he~ein which shall end on a Saturday, Sunday or legal holiday shall ex~endto 5:00 p.m. EST of the next business day. Section 14.0g Benefit and Binding effect. This Lease shall be binding upon end inure to ~he benefit of the heirs, successors, legal representatives and assigns of the parties hereto. · N WITHESS WIIBRBO~, ~essor and Lessee hereto have duly executed this Lease as of the day and ~ear first above ~ritten. LESSOR: AT~EST~ CITY OF DEI~AY BEACH By: By: City Clerk Mayor Date: APPROVED AS TO AND LEGAL SUFFICIENCY City Attorney LESSEE: PALM BEACH COUNTY, FLORIDA, A ATTEST: POLITICAL SUBDIVISION OF THE STATE OF FLORIDA DOROTHY H. WILKEN, Clerk · Deputy Clerk Chair ...~i '. APPROVED AS TO FORM ! . AND LEGAL SUFFiCIEnCY Asst. County Attorney · . ' THE ~ 1/2 OF LOT 18, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. MEMORANDUM TO: CITY COMMISSION DATE: July 12, 1996 SUBJECT: KEITH STRAGHN' TRAVELING ALL STARS FUNDING REQUEST We have again this year been approached by Vincent Straghn requesting the City's financial assistance in sending the Little League baseball players to Orlando for a tournament. The tournament is to be held on July 18th and 19th, 1996. The proposed budget and tournament announcement provided by Mr. Straghn are attached. I have also attached copies of the minutes from last year when this request was considered by the Commission. Last year the Commission agreed to contribute $1,500.00 toward the expenses of the trip. However, the Commission emphasized that it was a one time contribution based upon extenuating circumstances and did not set a precedent for other requests which may come in the future. The Commission may recall from our meeting last week when we agreed to contribute $1,000.00 toward expenses of sending our baton twirlers to a national competition that we only had a little over $1,300.00 left in our contingency account. If the Commission wished to contribute $300.00 we could cover it from our contingency. If you wished to contribute more than that we would have to dip into prior year surplus to fund it. If Mr. Straghn's organization expects to be requesting annual funding from the City then he needs to submit a funding request now for consideration along with other requests for next year's budget. DTH/dr League KEITH STRAGHN TRAVELING ALL STARS ~:1996 BUDGET TRIP TO ORLANDO BASEBALL TOURNAMENT JUNE 27- 30, 1996 Expenses for five baseball teams Fifteen players per team Seventy-FiVe players · Hotel Accommodations: 3 nights at $40 per room x 30 rooms ............ $ 3,600 · Transportation (2 buses) 4 days at $500 per bus per day ..................... $ 4,000 · Meals Breakfast/Lunch/Dinner at $15 per day for 75 youngsters x 3.5 days ......................... $ 3,938 · Miscellaneous (Optional) Amusement/Entertainment $15 per x 75 youngsters ............................. $1,125 TOTAL: $12,663 doc/tbudstar .. , Jackie Robinson. Athletic Association will host a summer ali-stars Tournament featuring "The Keith Straghn Traveling all- stars" of Delray Beach, FL versus "The Jacki. e Robinson All-Stars of Orlando, FL. July 18 and 19, 1996 Divisions: · Coaches Pitch 7-8 years · Minor League 9-10-years · Major League 11-12 years For further information, contact Vince Straghn, Delray Beach 561/272-8396 James Newton, Orlando 407/422-4784 James E.C. Perry, Orlando 407/422-5758 .A. City Manager's response to prior public comments and ~nquiries' There were no inquiries which required the City Manag- er's response at the last meeting. 11.B. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.B.1. Lillian Feldman, President of the United Property Owners, expressed concern regarding the deterioration of the roadway on the north side of Atlantic Avenue, east of Congress Avenue and west of 1-95. She pointed out that there are several areas which are in need of repair. Mayor Lynch stated that City staff will contact Florida Department of Transportation and request that they evaluate the situation and make the necessary repairs as soon as possible. Ms. Feldman noted that she had made a complaint at a prior meeting regarding the need for improved street lighting on Homewood Boulevard. Although the City responded to her request, she felt the lights could be brighter. Ms. Feldman pointed out that dark roads may encourage criminal activities and that Homewood Boulevard is a busy road which is located within a heavily populated residential area. The City Manager responded that Florida Power and Light has already increased the intensity of street lighting on Homewood Boulevard from 9,500 to 16,000 lumens. He noted that this change has almost doubled the amount of light. Although this may or may not have been done by FP&L, Ms. Feldman stated that she has not noticed any improvement and that Homewood Boulevard is still dark. Mayor Lynch stated that City staff will verify the situation with FP&L and will also check on the date when the change in lumens was made. 11.B.2. Alfred Straghn, 26 S.W. 5th Avenue, stated that at the Regular Meeting of June 6, 1995, the Commission considered his request to assist with the funding for the Delray Beach Little League's trip to a baseball tournament in Orlando. At that meeting it was the consensus of the Commission to see if the money could be raised privately. 11.B.3. Vincent Straghn, Volunteer Comch for the Delray Beach Little League, reported that the team has raised $2,325.61 from June 10th to the present date. He stated that the team has received other commitments for donations; however, these dona- tions are slow to come in and the time frame is tight. He noted that the Delray Police Department submitted a contribution prior to tonight's meeting but he has not had a chance to open the -14- 6/20/95 envelope. Other possibilities for donations are from the Police Department's K-9 Unit and Community Relations for Miami Dolphins and the Florida Marlins. Mayor Lynch asked Mr. Straghn as to the exact dollar amount of contributions needed for the trip. Mr. Straghn responded that the Little League needs $5,165.00 for the trip on June 29, 1995. Me pointed out that he is supposed to make a deposit for bus fare and reservations for hotel accommodations is due by tomorrow, Wednesday, June 21, 1995. At this point, Mrs. Smith presented the Little League with a $200.00 contribution from the Noontime Kiwanis Club. Mr. Straghn expressed appreciation to the City Commis- sion and to all those who have contributed to this cause. Through the cooperation and support of the Commission and the news media, the representatives from the Miami Dolphins and the Florida Marlins had read about the cause and had contacted him directly. On behalf of the City Commission, Mayor Lynch expressed condolences to Alfred and Vincent Straghn on the recent death of a f~mily member. ll.B.4. Jean Beer, 945 Tropic Boulevard, expressed concern about large tractor trailers and moving vans parking in the turn lane on Tropic Boulevard. After inquiring at the Madza Automo- bile Dealership, she had been informed that the trucks do not belong to Madza Dealership. She explained that these large trucks are parked in the turn lane while the drivers have their breakfast at the nearby Dunkin Donuts. Ms. Beer felt that this creates a very hazardous situation and requested that a "No Parking" sign be installed at that location and that the viola- tors should be fined. ll.B.5. Alice Finst, 707 Place Tavant, stated that she had received a courtesy notice for a conditional use request for an Ornamental Stone Cutting Facility which was considered by the Planning and Zoning Board at its Regular Meeting of June 19, 1995. Another item on the P&Z Board's agenda was an amendment to the LDR's regarding Adult Entertainment Establishments. Ms. Finst expressed concern about the possibility for this type of proposal being located in the northwest section of the City as she felt this use would present a negative view of Delray Beach to individuals entering the City from 1-95. ll.B.6. Willie Ports, Jr., member of Brothers Coming Together, stated that he feels the City should be getting more money for concerts and various activities at the Tennis Stadium. He sug- gested the City review its contract with Palm Acts, Inc. -15- 6/20/95 At a prior meeting, the Commission had discussed the issde of parking restrictions on West Atlantic Avenue and Mr. Ports inquired as to the status of these restrictions. Mayor Lynch stated that parking at the Paradise Club is allowed from 9:00 p.m to 2:30 a.m. Since no parking is allowed across the street from the Club, Mr. Potts felt that all restrictions should be consistent. He suggested that parking restrictions should be revisited so that parking restrictions are the same for both sides of Atlantic Avenue. Mr. Potts asked for a status report concerning the transportation of youths from the Pompey Park Recreational Center to the Aqua Crest Pool facility on Seacrest Boulevard during the construction of the new Pompey Park Pool. He emphasized that school is out for the summer and the children will be wanting to use the swimming pool during the hot weather. Joe Weldon, Director of Parks and Recreation, confirmed that City staff has already made arrangements to transport the children to the Aqua Crest Pool facility. 11.B.7. Joe Kamarata, Tropic Palms Homeowners Association, thanked the City for the recent drainage improvements in this development. However, there is still a problem with standing water at the intersection of South Federal Highway and Lindell Boulevard. He pointed out that vehicles are trying to avoid the standing water by driving into the median causing damage to the hedges and landscaping and increasing the chances for an acci- dent. Mr. Kamarata requested that a stop sign be installed at the bridge by Tropic Palms over the C-15 Canal at the southern- most City limits. Mr. Kamarata asked if the City has any plans for the installation of sidewalks and street lights in Tropic Palms? Mayor Lynch reviewed the City's recently enacted policy for the construction of sidewalks and suggested that Mr. Kamarata contact City staff to see what the potential costs would be. As for street lighting, the City Manager stated he would have staff evaluate the Tropic Palms neighborhood and get back to Mr. Kamarata. He pointed out that even when the City orders new lighting, it takes FP&L approximately' six to eight months to install the lights. 11.B.8. Officer "Skip" Brown, Police Department's K-9 Unit, requested that the Commission reconsider the Delray Beach Little League's request for assistance with funding their trip to Orlan- do. He emphasized that time is of the essence to raise the -16- 6/20/95 necessary funds for the trip and asked if the City could commit to a dollar figure. Officer Brown stated that the K-9 Unit will hold a a demonstration in order to help the team raise funds. He noted that Publix has donated 1,000 hot dogs, etc., for this benefit. He pointed out that the 35 youths are representing the City of Delray Beach and urged the Commission to revisit the issue. After lengthy discussion, it was the majority consensus of the Commission to make a contribution in the amount of $1,500.00. However, the Commission emphasized that this is a one-time contribution based upon certain extenuating circumstanc- es in this particular case and does not set a precedent for other requests which may come in the future. At this point, the Commission considered an emergency motion to amend the Regular Agenda in order to take formal action on this matter. Mr. Ellingsworth moved to amend the agenda on an ~emergency basis by adding Item 9.G.A., LITTLE LEAGUE REQUEST FOR FUNDING; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the Regular portion of the Agenda. 9.G.A. LITTLE LEAGUE REQUEST FOR FUNDING - (EMERGENCY ITEM). Mayor Lynch suggested that the City contribute $1,500.00 to assist toward the funding for the Delray Beach Little League's trip. Mr. Ellingsworth moved to approve the contribution of $1,500.00 to assist toward the funding for the Delray Beach Little League in its trip to the baseball tournament in Orlando; and that it is understood that this is a one-time contribution, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. 9.G. SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY AND ACCORDIA/ANTHEM: Consider with Accordia/Anthem Insurance Company offering settlement of the premium tax due for FY 88-89. The City Attorney stated that this issue is in regard to the premium tax monies that Accordia/Anthem Insurance Company transferred to the State. The State determined that these par- ticular taxes were not due to the State on this type of self-in- surance plan. The City was able to receive approximately a three year recovery for premium taxes from the State, which is the maximum amount allowed under State Statutes. -17- 6/20/95 D£LRAY BFACH llI-AmericaCity MEMORANDUM DATE: June 2, 1995 TO: City Commission FROM: David T. Harden~ SUBJECT: Little League Request for Fundinq We have been approached by a Mr. Vincent Straghn representing the Little League organization concerning assisting with the cost of taking Little League teams to an upcoming tournament in Orlando. A copy of the budget submitted by Mr. Straghn is attached. I expect that he will attend the City Commission meeting. The City has not participated in funding this type of activity in the past. Staff is concerned that if we set a new precedent by giving some funds to the Little League for this purpose, that we would be receiving requests for similar funding for all of the other youth sports leagues. In view of other demands on the City's resources, we recommend that this request be denied. DTH/mld BASEBALL TOUREMENT TO ORLANDO. FL ~%~ HOTEL AccOMODATIONS $40.00 PER ROOM X 15 ROOMS INCLUDING 4 ADULTS SHAPPERONES TOTAL $1800.00 MEALS BREAKFAST. LUNCH. DINNER X 35 PLAYERS $335.00 PER DAY X 3 DAYS rOYAL $1005.00 TR. ANSPORTATION BUS RENTAL X 3.5 DAYS $'2000. O0 AMUSEMENT WET & WILD WATERSLIDE $15.25 PER CHILD X 35 PLAYERS TO~ TAL $525. 00 TOTAL COST $5330.00 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER &~'/[ SUBJECT: AGENDA ITEM # ~ I - MEETING OF JULY 16, 1996 EMPLOYEE REQUESTS TO REFUND PENSION CONTRIBUTIONS DATE: JULY 12, 1996 AS Mr. Safford points out, the City is not obligated to grant any part of this request. The request essentially is asking the City to make a pension benefit retroactive. There are at least four alternatives: (1) Deny the request. (2) Grant some other special consideration as mentioned by the Pension Board. (3) Refund the first eight years of contributions. (4) Grant the request and refund the last eight years of contributions. The pension benefit will be based on the employees earnings for the best two out of the last five years. Therefore, the employee would receive a benefit for his contributions since the amount of his pension benefit has increased as his salary increased. This is continuing even since pension contributions have stopped in 1993. This is why I suggested the alternative of refunding the first eight years of contributions. It should also be noted that for the first 14 years of credited service the employee made zero contributions to the pension plan. Administrative recommendation is that the request be denied. If the Commission wishes to make a refund, I think that would be better than creating some special benefit as discussed at the Pension Board since we would be creating an entirely new benefit which would probably be expected by other employees in the future. To: David T. Harden, City Manager From: Joseph M. Safford, Finance Director Date: June 17, 1996 Subject: Employee Requests to Refund Pension Contributions In December, 1993 the City Commission passed an amendment to the General Employees' Pension Plan that stopped employee contributions atter 30 years of service. At this point in time, there were 2 employees who akeady had 38 years of service. These employees recently celebrated their 40-year anniversaries with the City. One of these employees, Arthur Garland, has requested a reimbursement of his contributions that exceeded 30 years of service in December, 1993. He took his request to the General Employees' Pension Board on May 29, 1996. The Board denied the employee's request for the following reasons: 1. the effective date of the plan amendment was December, 1993 and the City correctly stopped employee contributions at this time for employees that had 30 years of service or more in accordance with this amendment 2. the amendment was prospective and did not call for any retroactive adjustment 3. a reimbursement would mean that the Board was applying a current benefit change on a retroactive basis and the Board does not have this latitude or authority 4. the Board has a fiduciary responsibility to all plan participants and retirees and reimbursements not supported by an ordinance would violate this confidence 5. the funding shortfall created by a reimbursement would have to be made up by the City and the Board has no authority to obligate the City 6. several previous requests to stop employee contributions atter 30 years of service were denied in the past by the Board based upon comments and recommendations by our actuaries in 1987 and 1990 The General Employee's Pension Board therefore denied the employee request but suggested that the employee contact the City Manager to see if the City would be interested in some form of special consideration due to the 40-year tenure of the employee. As an example, the Board mentioned that possibly the City could offer to pay the employee's health insurance after retirement. This employee's request for consideration, as well as his brother who also has 40 years of service, needs to be directed to the City Commission for appropriate action. Attached is a Page 2 history of the appropriate base salary and employee pension contribution amounts for both employees. If the City Commission choses to retroactively refund the employee contributions from City funds in lieu of pension trust funds, Arthur Garland would have to be reimbursed $12,230.94 (out of $26,486.21 in total employee contributions since 1956) and Robert Garland would have to be reimbursed $10,185.33 (out of $23,290.86 in total employee contributions since 1956). This retired must be paid by the City. It cannot be paid from the pension trust fund without a change in the pension ordinance making this 1993 amendment retroactive or an offsetting contribution by the City. It must be reiterated that a refund of contributions over 30 years of service is not required. There is no legal requirement to make a benefit change retroactive. Any consideration given to these two employees would simply be a gesture in recognition of their long tenure with the City. The City Commission could award a lesser amount or no amount at all. Your submission of this request to the City Commission would be appreciated. encl: Worksheets on Arthur Garland and Robert Garland (Employee Salary/C ontxibutions) I 0 0 0 c)~ C) 0 0 0 0 0 0 0 0 0 ('~ 0 0 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 (') 0 0 0 c~ 0 0 0 ~ j >- 7 0 '1S NOS¥3]0 [lTV DF I]ELIlR¥ 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: ~ Robert A. Barcinski, Assistant City Manager / SUBJECT: Workshop Item #~¢/~ty Commission Meeting, July 16, 1996 Lakeview Golf Course - Clubhouse DATE: July 11, 1996 ACTION City Commission is requested to provide staff direction concerning options related to improvements needed to the Lakeview Golf Course Clubhouse. BACKGROUND Prior to acquiring the Lakeview Golf Course, July 1995, City staff, along with Mr. Dubin reviewed facility, equipment and course conditions, which included roofs, air- conditioning units, electrical and structural elements, ADA requirements, irrigation, greens, tees, equipment, etc. Our best estimate at that time, in terms of cost to complete repairs, was approximately $175,000. A budget in the amount of $166,000 was approved for these repairs ($125,000 of this total is funded from bond proceeds, $41,000 from operating revenue). After we acquired the course, Robert Currie Partnership, Inc. was hired to prepare plans for the existing Clubhouse (none existed), to review the structure in terms of code and ADA requirements, and to prepare preliminary plans and cost estimates. Staff refined these cost estimates and included cost estimates for parking lot and landscape improvements. The total estimated cost to bring the building and site up to code and meet ADA requirements, including architect fees and contingency, is $232,500 (Option A). Due to this high cost of renovation, staff explored other options. Two options are presented for consideration. Option B involves the conversion of the existing equipment maintenance and storage building to a pro shop/snack bar, renovation of the existing building for use as equipment and chemical storage, and equipment maintenance, and construction of a new cart storage area. Total estimated cost for this option is $273,800. Option B1 involves conversion of the existing equipment maintenance and storage building into a pro shop/snack bar, demolition of the existing clubhouse, and construction of a new cart storage area and equipment and chemical storage and maintenance building. Total estimated cost for this option is $383,500. THE EFFORT ALWAYS MATTERS Workshop Item # Page 2 Additional details for these options are included in the attached memorandum from Jose Aquila. RECOMMENDATION Staff is recommending that we pursue Option B versus renovation of the existing structures. Although the renovation is less expensive, if we do a renovation we would have a 30-year old renovated structure. FINANCING At this time we have a balance in the Lakeview Capital Account of approximately $75,000. in order to fund Option B we would need to borrow approximately $200,000. Attached is a revised five year pro forma for the Lakeview Golf Course. The pro forma includes additional debt service of $17,000 for the recommended Option B. (Debt service for 20 years for $200,000. The pro forma illustrates that over a five year period Lakeview Golf Course, on its own, would break even. The pro forma includes increased expenses programmed in FY '97/ '98 for debt service for the purchase of the property and a rental increase for new golf carts. Also included in the projection for FY '98/'99 are increased expenses for regrassing the greens and major repairs to the irrigation system. At this time, staff feels that we will definitely need to regrass the greens, however, the need for replacing the in-ground irrigation system will depend on whether we have problems. This item may be deferred as we gain more knowledge of the course. Even with these added expenses the projections show increases in net revenue for FY '99/'2000 and FY '2000/'2001. We are estimating combined retained earnings for both golf courses to be approximately $200,000 at the end of this fiscal year. RAB:kwg File:u:graham/agenda Doc.:clubhse.lkv ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: Robert A. Barcinski Assistant City Manager From: Jos6 Aguila (~ Construction Manager Date: July 10, 1996 Subject: Lakeview Golf Course Improvements Project No. 95-65 As a follow-up to my memo of April 11, 1996, a meeting was scheduled at the Lakeview site, with several City staff members and the City Manager, to review the various alternatives available for consideration in order to bring the building into compliance with current codes. Following is a summary of the items discussed and the options available. Option A - Renovate existing facility This option involves the renovation of the existing clubhouse building and cart maintenance area below, to correct code violations, make necessary ADA improvements and bring the existing parking lot up to code. ADA improvements include ramping the west building entrance, ramping interior seating area for accessibility, make restroom renovations and pro shop/restaurant counter spaces accessible. The estimated costs are as follows. Phase I Electrical corrections $ 7,000.00 Mechanical corrections $11,500.00 Remove hand sink $ 600.00 Re-roof cart maintenance area $18,000.00 Provide 2hr separation (between building and cart area) $15,000.00 Termite treatment $ 3,500.00 Equipment storage building improvements (floor slab and chemical containment area) $15,000.00 Estimated cost phase I $70,600.00 Phase II ADA improvements $67,500.00 Parking area overlay & restripe $15,000.00 Landscaping $15,000.00 Building re-roof $16,500.00 Exterior paint $ 5,000.00 HVAC work - outside air $ 1,700.00 Relocate water heater $ 1,200.00 Estimated cost Phase H $121,900.00 Total phase I & II $192,500.00 Contingency & testing fees $ 20,000.00 Consultant fees $ 20,000.00 Total estimated cost for Option A $232,500.00 Please note that the reduction in cost, from the April 11, 1996, memo reflects the omission of course restroom upgrades ($4,500), kitchen hood and accessories ($15,000) and can wash area with grease interceptor ($8,000). Option B - Upgrade existing facility and new construction This alternative includes new construction and/or alteration to both the existing clubhouse, as well as the equipment storage building to the south. The proposed improvements are as follows. Convert the existing equipment storage building to a new clubhouse. This option will require plumbing, electrical work, air conditioning, all interior finishes, and a floor slab. Additionally, the exterior walls will require insulation, windows, and finishes on both sides of the wall. The advantage to this 2100 SF building is that it is a relatively new and solid building and the exterior elevation is relatively level with the exterior grade solving the accessibility problem with the codes. My opinion of cost of construction is in the range of $65 to $75 per square foot or $136,500.00 to $157,500.00. The existing building would be reused as an equipment storage and maintenance building on the lower level, and the upper level could be temporarily used for storage. The roof over the existing lower portion would still have to be reroofed. Also, the electrical corrections to comply with code will still have to be made. With the new clubhouse location, 15 new parking spaces could be added to provide the required handicapped spaces, as well as to offset the lost spaces due to landscape improvements to the existing parking area. A new cart storage area will need to be constructed somewhere on site, probably adjacent to the renovated clubhouse. The design of this facility is still to be reviewed, but $20,000.00 should suffice. The work for this option could be separated into two phases as indicated below. The estimated costs for these improvements are as follows. Phase I Building conversion $157,500.00 Additional parking spaces (15) $ 15,000.00 Landscaping improvements $ 10,000.00 Roofing above cart maintenance area $ 14,500.00 Electrical corrections $ 2,300.00 Estimated cost Phase I $199,300.00 Contingency & testing fees $ 8,000.00 Consultant fees $ 16,000.00 Total estimated cost Phase I $223,300.00 Phase II Existing parking overlay & stripe $ 15,000.00 Landscaping improvements $ 8,000.00 Cart storage $ 20,000.00 Estimated cost Phase H $ 43,000.00 Contingency & testing fees $ 3,500.00 Consultant fees $ 4,000.00 Total estimated cost Phase II $ 50,500.00 Total estimated cost for Option B $273,800.00 O~tion B1 - Uu~,rade existim, facility and new construction This option is similar to option B, except that the entire existing clubhouse and maintenance area below would be demolished, and a new maintenance area and equipment storage would be constructed, probably in the same general location. A new cart storage area would be required as well. The work in this option could be separated into two phases similar to the option above. The costs would be as follows. Phase I Building conversion $157,500.00 Additional parking spaces (15) $ 15,000.00 Landscaping improvements $ 10,000.00 Estimated cost Phase I $182,500.00 Contingency & testing fees $ 8,000.00 Consultant fees $ 30,000.00 Total estimated cost Phase I $220,500.00 Phase H Existing parking overlay & stripe $ 15,000.00 Landscaping improvements $ 8,000.00 Demolition (including grading) $ 12,500.00 New maintenance & equipment facility $100,000.00 Cart storage $ 20,000.00 Estimated cost Phase H $155,500.00 Contingency & testing fees $ 3,500.00 Consultant fees $ 4,000.00 Total estimated cost Phase H $163,000.00 Total estimated cost for Option B1 $383,500.00 Provisions will have to be made to house the cart maintenance and equipment storage area elsewhere during demolition and construction. These estimates do not include funding needed for green improvements and/or other course improvements. Current balance, Bond Account is approximately $75,000.00. cc: William Greenwood File 95-65 (A) csd~9565\options LAKEVIEW GOLF CLUB 09-Jul-96 1996/97 1997/98 1998/99 1999/00 2000/01 TOTAL INCOME Golf $671,600 $704,500 $699,500 $781,500 $820,000 $3,677,100 Restaurant $13,375 $14,575 $15,175 $16,975 $17,900 $78,000 Debt proceeds $200,000 $0 $250,000 $0 $0 $450,000 TOTAL INCOME $884,975 $719,075 $964,675 $798,475 $837,900 $4,205,100 EXPENSES Golf Course $196,000 $201,880 $204,295 $213,625 $220,034 $1,035,834 Administration $128,076 $131,918 $132,394 $139,504 $143,689 $675,581 Golf operation $126,620 $153,579 $156,920 $164,063 $169,805 $770,987 TOTAL EXPENSES $450,696 $487,377 $493,610 $517,192 $533,528 $2,482,402 NET INCOME $434,279 $231,698 $471,065 $281,283 $304,372 $1,722,698 CAPITAL G C equip $15,000 $15,000 $15,000 $16,000 $17,000 $78,000 Clubhouse $200,000 $2,500 $2,500 $2,500 $2,500 $210,000 Greens/Tees $0 $0 $50,000 $0 $0 $50,000 Irrigation $0 $0 $200,000 $0 $0 $0 Parking $5,000 $0 $0 $0 $0 $5,000 Misc $0 $2,500 $2,500 $2,500 $2,500 $10,000 TOTAL $220,000 $20,000 $270,000 $21,000 $22,000 $553,000 NET CASH, Befre $214,279 $211,698 $201,065 $260,283 $282,372 $1,169,698 Debt&City adm chrg Debt service $175,790 $198,190 $200,120 $196,760 $198,320 $969,180 Golf course $0 $0 $21,000 $21,000 $21,000 $63,000 Clubhouse $9,000 $17,000 $17,000 $17,000 $17,000 $77,000 Admin chg $10,000 $11,000 $12,000 $13,000 $14,000 $60,000 CASH $19,489 ($14,492) ($49,055) $12,523 $32,052 $518 DELRAY BEACH GOLF CLUB CASH $75,408 $78,823 $61,351 $135,166 $160,703 $511,451 NET CASH $94,897 $64,331 $12,296 $147,689 $192,755 $511,969 ADMINISTRATION 1996/97 1997/98 1998/99 1999/00 2000/01 TOTAL Advertising $13,500 $13,905 $13,000 $14,500 $14,935 $69,840 Insurance $27,000 $27,810 $28,644 $29,504 $30,389 $143,347 Gen liability $5,148 $5,302 $5,462 $5,600 $5,768 $27,280 Acct Audit $500 $515 $530 $550 $567 $2,662 Othr contract $42,000 $43,260 $44,558 $46,000 $47,380 $223,198 Licenses $1,500 $1,545 $1,591 $1,650 $1,700 $7,986 Misc exp $300 $309 $250 $325 $335 $1,519 Supplies $4,200 $4,326 $4,000 $4,500 $4,635 $21,661 Repair club $6,500 $6,695 $6,000 $7,000 $7,210 $33,405 Postage $300 $309 $250 $325 $335 $1,519 Telephone $4,000 $4,120 $4,000 $4,400 $4,532 $21,052 Promotion $600 $618 $500 $650 $670 $3,038 Share admin $10,000 $10,300 $10,609 $11,000 $11,330 $53,239 Utilities $12,528 $12,904 $13,000 $13,500 $13,905 $65,837 TOTAL EXPENSES $128,076 $131,918 $132,394 $139,504 $143,689 $675,581 INCOME ROUNDS 55000 56000 51000 57500 59000 278500 Play cards $120,000 $125,000 $135,000 $140,000 $145,000 $665,000 Green fees $176,200 $185,000 $180,000 $205,000 $217,000 $963,200 Cart fees $360,200 $377,000 $366,000 $414,000 $433,000 $1,950,200 Merchandise $14,000 $16,000 $17,000 $20,000 $22,000 $89,000 Misc income $1,200 $1,500 $1,500 $2,500 $3,000 $9,700 TOTAL INCOME $671,600 $704,500 $699,500 $781,500 $820,000 $3,677,100 GOLF OPERATION Payroll $91,000 $93,730 $96,542 $99,438 $102,421 $483,131 Mdse (75%) $10,500 $12,000 $12,750 $15,000 $16,500 $66,750 Group ins $3,120 $3,214 $3,310 $3,700 $3,811 $17,155 Supplies $4,200 $4,326 $4,000 $4,600 $4,738 $21,864 Cart Rental $11,500 $36,000 $36,000 $36,000 $36,000 $155,500 Uniforms $300 $309 $318 $325 $335 $1,587 Cart repair $6,000 $4,000 $4,000 $5,000 $6,000 $25,000 TOTAL EXPENSES $126,620 $153,579 $156,920 $164,063 $169,805 $770,987 COURSE MAINT 1996/97 1997/98 1998/99 1999/00 2000/01 TOTAL Payroll $112,100 $115,463 $117 000 $122 500 $126 175 $593,238 Gr ins $8,400 $8,652 $8 912 $9 100 $9 373 $44,437 Utilities $8,310 $8,559 $8 816 $9 000 $9 270 $43,955 Gas & oil $3,300 $3,399 $3 400 $3 600 $3 708 $17,407 Supplies GC $6,000 $6,180 $6 000 $6 500 $6 695 $31,375 Repairs $15,000 $15,450 $15 500 $16 250 $16 738 $78,938 Uniforms $2,000 $2,060 $2 122 $2 200 $2266 $10,648 Irrigation $10,000 $10,300 $10 609 $11 000 $11 330 $53,239 Gardening $30,000 $30,900 $31 000 $32,500 $33 475 $157,875 Equip rent $600 $618 ;637 $650 $670 $3,174 Misc exp $290 $299 ;300 $325 $335 $1,548 TOTAL EXPENSES $196,000 $201,880 $204,295 $213,625 $220,034 $1,035,834 INCOME Food $12,500 $13,500 $14,000 $15,500 $16,000 $71,500 Beverage $10,000 $11,000 $11,500 $13,000 $14,000 $59,500 TOTAL INCOME $22,500 $24,500 $25,500 $28,500 $30,000 $131,000 COST/SALES Food $5,625 $6,075 $6,300 $6,975 $7,200 $32,175 Beverage $3,000 $3,300 $3,450 $3,900 $4,200 $17,850 Bev tax $500 $550 $575 $650 $700 $2,975 TOTAL COST $9,125 $9,925 $10,325 $11,525 $12,100 $53,000 GROSS PROFIT $13,375 $14,575 $15,175 $16,975 $17,900 $78,000 Draft Letter to Governor on Open Video System (OVS) Rule Dear Governor : I am writing to call your attention to a recent action by the Federal Communications Commission (FCC) that threatens the gains we secured during action on the "Telecommunications Act of 1996," whereby state and local government officials worked together to ensure that federal government actions respect state and local authorities, particularly our rights to manage and be compensated for the use of our public rights-of-way when private companies elect to use and occupy this property. On May 31, FCC approved a final rule implementing Section 302 of the "Telecommunications Act of 1996" which establishes the federal regulatory regime for companies that choose to offer cable like services over an open video system (OVS). Under this rule, FCC, not state and local governments, will grant rights to private companies to use our public rights-of-way, prescribes the terms of compensation for the use of this property and establishes itself as the overseer of our right-of-way management practices. This distorts what we achieved together in Congress, specifically adoption of House and Senate floor amendments and refinements of the conference agreement during Congressional action on the legislation. I am writing at this time to request your support of our efforts to get the Federal Communications Commission to modify this rule. This month the FCC will be considering petitions by local governments and others, asking the agency to reconsider this rule. We need the FCC to act on these petitions and change the rule. I understand that many of the governors will be attending NGA's Summer Meeting in Puerto Rico where FCC Chairman Reed Hundt will address the governors at a July 15 meeting of the NGA Committee on Economic Development and Commerce. If you are attending this meeting, I would ask you to raise the OVS rule with Chairman Hundt and other governors. We need you and your association, the National Governors' Association (NGA), more involved in this issue to secure changes in the rule. You should also know that I am writing to our Congressional delegation, urging them to get involved in this issue. It would also be helpful if you could convey your interest to the delegation as well. (o_otional: Enclosed is a recently-adopted resolution by The U.S. Conference of Mayors on the OVS rule. The resolution also conveys opposition to FCC's recent rule on satellite (i.e. dishes) and certain other reception devices. This March 11 rule, based on an acknowledged, sparse record, simply assumes that all state and local regulations impair a viewer's reception of video programming. Consequently, the rule preempts all state and local zoning, building codes or any other state or local rule or action that might affect the placement and/or installation of a number of antennae, including those not targeted by the Act. I thank you for your attention to this matter. Please advise me on what I can do to support your further review of this issue. Draft Letter to Members of Congressional Delegation on Open Video System (OVS) Rule Address for Senators: Address for Representatives: The Honorable The Honorable United States Senate U.S. House of Representatives Washington, DC 20510 Washington, DC 20515 Dear Senator/Representative: I am writing regarding a Federal Communications Commission (FCC) rule that largely negates our efforts together to ensure that federal government actions respect state and local authorities, specifically our rights to manage and be compensated for use of state and local rights-of-way by private companies who elect to use the public's property. On May 31, FCC approved a final rule implementing Section 302 of the "Telecommunications Act of 1996" which establishes the federal regulatory regime for companies that choose to offer cable like services over an open video system (OVS). Under this rule, FCC -- nQt state and local governments -- will grant rights to private companies to use state and local rights-of-way, prescribe the terms of compensation for the use of this property and establish itself as the overseer of our right-of-way management practices. This distorts what we believe you and others in Congress intended in approving House and Senate floor amendments and changes in the conference report during Congressional action on the legislation. In mid-July the Commission will be considering petitions by local governments and others, asking the FCC to reconsider this rule. I am writing to ask you to.support a final rule that embodies the federal interest in OVS -- and Section 302 permits should be limited to federal interests -- without intruding into state and local rights and interests in the property being used. (o_~tional: I have attached a recently adopted resolution by The U.S. Conference of Mayors that strongly conveys our concerns on this issue.) Our principal concern with this rule is that it ignores legitimate state and local property rights and interests. The FCC's rule vests the federal government through the FCC, not state or local governments, with the power to grant private companies (i.e. any business that chooses to become an OVS provider) rights to use state and local rights-of-way, our vast network of nearly 3.9 million miles of roads and streets and the millions of miles of public easements. This is an unprecedented intrusion into the domain of state and local governments. The Act does not mandate, dictate or imply such a result. This is not about respecting federalism. It is not even about eliminating state and local barriers to entry. This is about federalizing or appropriating our property and its management. I don't believe that Congress intended to create a power of eminent domain at the FCC, whereby this independent federal regulatory agency would be granted the authority to convert state and local property into federal property. It makes no sense for this federal agency to take an action that creates a risk of potential federal budget liability related to the condemnation or taking of state, local and private property. I know that I can count on your prompt attention to this matter. Please advise me of your efforts on this issue. CITY OF DELRAY BEACH MILLAGE AND TAX REVENUE PROJECTIONS OPERATING DEBT 'lO[AL ASSESSED TAX MILLAGE MILLAGE MILLAGE ASSESSED VALUE REVENUE YEAR / $1,000 / $1,000 / $I ,000 VALUE GROWTH COLLECTED 1988 $5.2991 $0.7009 $6.0000 1,847,231,360 3.70% 10,496,650 1989 $5.3306 -' $0.6694 $6.0000 1,919,202,547 3.90% 10,972,392 1990 $5.6259 $0.5741 $6.2000 2,201,749,552 14.72% 13,022,189 1991 $6.1500 $1.0000 $7.1500 2,337,148,027 6.15% 15,991,292 1992 $6.0800 $1.0700 $7.1500 2,518,897,622 7.78% 17,250,553 1993 $6.2000 $0.9500 $7.1500 2,470,870,887 -1.91% 16,935,644 1994 $6.8600 $1.1400 $8.0000 2,435,480,625 -1.43% 18,683,027 1995 $6.8800 $ 1.0700 $7.9500 2,468,533,385 1.36% 18,769,220 1996 $6.8700 $1.0300 $7.9000 2,541,583,271 2.96% 18,686,386 1997 $7.0000 $0.9000 $7.9000 2,634,640,096 3.66% Fiscal Year 1997Tax Levy (at 95% discounl) To meet the 1997 payments for all General Obligation Gross OperatingTaxRevenue Bonds requires revenue totaling $2,233,220. The rate $7.00/$1,000 X $2,634,640,09~' $17,520,357 necessary to fund this amount is compuled as follows: Debt Service Tax Revenue $2,233,220 X $1,000/$2,634,640,096 / 0.95:0.8923 $0.90/$1,000 X $2,634,640,096 2,252,617 Total Ad Valorem Taxes ~ Distribution of Ad Valorem Tax The Community Redevelopment Agency (CRA) receives The operating poflion of the tax levy is the millage rate revenue from the City through Tax Incremental Financing established to fund the general operating expenses (TIF). The increment is based on the increase in the value olher than the portion of the budget to be funded from of property located within lhe CRA's redevelopment sources other than ad valorem taxes, boundary since its inception. The debt service levy is the rate or the amounl levied for The CRA's preliminary taxable value of $327,527,319 the payment of principal and interest on any debt results in an incremental valuation of $81,896,252 over lhe service whether secured by revenue cerlificates or by 1985 tax base. This amounts to $544,610 in revenue lhe full faith and credit of the Cily. based on the operating millage of $7.00, leaving the City net revenue of $19,228,364. Ten Year His-~ory' Billions $3.00 $10.00 $9.oo $2.50 $8.00 LLJ ~, $2.00 $7.00 < $6.00 ~ $1.50 $5.00 ~o $4.00 L.U ~ $1.oo $3.00 $0.50 $2.00 $1 .oo $o.oo $o.oo 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 J ~Assessed Valuation ~ Millage J L RAy j -AC H MILLAGE AND TAX REVENUE PROJECTIONS OPERATING DEB1' 'IOI'AL ASSESSED TAX MILLAGE MILLAGE MILLAGE ASSESSED VALUE REVENUE YEAR / $1,000 / $I ,000 / $1,000 VALUE GROWTH COLLECTED 1988 $5.2991 $0.7009 $6.0000 1,847,231,360 3.70% 10,496,650 1989 $5.3306 -' $0.6694 $6.0000 1,919,202,547 3.90% 10,972,392 1990 $5.6259 $0.5741 $6.2000 2,201,749,552 14.72% 13,022,189 1991 $6.1500 $1 .go00 $7.1500 2,337,148,027 6.15% 15,991,292 1992 $6.0800 $1.0700 $7.1500 2,518,897,622 7.78% 17,250,553 1993 $6.2000 $0.9500 $7.1500 2,470,870,887 -1.91% 16,935,644 1994 $6.8600 $1.1400 $8.0000 2,435,480,625 -1.43% 18,683,027 1995 $6.8800 $1.0700 $7.9500 2,468,533,385 1.36% 18,769,220 1996 $6.8700 $1.0300 $7.9000 2,541,583,271 2.96% 18,686,386 1997 $7.0000 $0.9000 $7.9000 2,634,640,096 3.66% Fiscai Ybar 1997 Tax Levy (at 95% discount) To meet the 1997 payments for all General Obligation Gross Operating Tax Revenue Bonds requires revenue totaling $2,233,220. '[he rate $7.00/$1,000 X $2,634,640,096~' $17,520,357 necessary to fund this amount is compuled as follows: Debt Service Tax Revenue $2,233,220 X $1,000/$2,634,640,096 / 0.95= 0.8923 $0.90/$1,000 X $2,634,640,096 2,252,617 Told Ad Valorem Taxes ~ Distribution of Ad Valorem Tax The Community Redevelopment Agency (CRA) receives The operating portion of the tax levy is the millage rate revenue from the City through Tax Incremental Financing established to fund the general operating expenses (TIF)..[he increment is based on the increase in the value olher lhan the portion of the budget to be funded from of properly located within the CRA's redevelopment sources other than ad valorem taxes, boundary since its inception. The debt service levy is the rate or the amount levied for The CRA's preliminary taxable value of $327,527,319 the payment of principal and interest on any debt resullsin an incremental valuation of $81,896,252 over the service whether secured by revenue certificates or by 1985 tax base. This amounts to $544,610 in revenue lhe full faith and credit of 'Ihe City. based on lhe operating millage of $7.00, leaving the City net revenue of $19,228,364. Ten Year History Billions $3.00 $10.00 $9.oo $2.50 $8.00 IJJ ~ $2.00 $7.00 < $6.00 $1.50 $5.00 ,.n $4.00 uJ E $1.00 $3.00 $0.50 $2.00 $1 .oo $o.oo $o.oo 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 [ ~ Assessed Valuation ~ Millage J CITY OF DELRAY BEACH REVENUE COMPARISON 1993194 1994~95' 1995196 1996197 ACTUAL AT ACTUAL AT BUDGET PROPOSED YEAR END YEAR END BUDGET AD VALOREM TAXES 16,773,868 18,950,977 19,362,090 19,884,320 SALES AND USE TAXES 1,369,966 1,494,462 1,500,700 1,525,600 FRANCHISE TAXES 2,626,949 2,654,681 2,699,000 2,877,000 UTILITY TAXES 4,609,884 4,803,711 4,867,000 5,010,000 LICENSES 381,000 387,029 480,000 495,000 PERMITS 1,431,316 1,189,775 1,291,660 1,219,020 INTERGOVERNMENTAL 4,261,949 4,505,947 4,788,095 4,869,510 CHARGES FOR SERVICES 2,190,810 2,795,454 3,148,420 3,376,730 FI N ESIFORFEI TURES 282,387 381,103 467,900 475,700 INTERFUND TRANSFER 699,309 183,528 85,000 88,000 CONTRI FROM OTHER FUND 2,407,902 2,427,490 2,132,250 2,131,280 REC ADMIN COSTS 1,701,460 1,729,690 1,731,510 1,654,510 MISCELLANEOUS REVENUES 569,445 2,129,985 1,148,630 1,229,240 SUB-TOTAL GENERAL FUND 41,306,245 43,333,832 43,702,255 44,835,910 BOND PROCEEDS 11,058,512 2,984,469 PRIOR YEAR SURPLUS 137,420 2,061,470 PRIOR YR ENCUMBRANCES 33,080 97,442 76,588 TOTAL GEN FUND REVENUE 52,397,837 46,553,163 45,840,313 44,835,910 FY97 REVENUEs RECADMIN 4% CONTRIBUTIONS MISC REV 5% 3% INTERFUND XFR 0% FtNESIFORFEtTURES 1% CHARGES AD VALOREM TAXES 44% INTERGOVERNMENTAL 11% PERMITS 3% LICENSES 1% UTILITY TAXES 11% SALES AND USE TAXES FRANCHISE TAXES · , 6% CITY OF DELRAY BEACH REVENUE COMPARISON 1993/94 1994/95 1995196 1996/97 ACTUAL AT ACTUAL AT BUDGET PROPOSED YEAR END YEAR END BUDGET AD VALOREM TAXES 18,773,868 18,950,977 19,362,090 19,884,320 SALES AND USE TAXES 1,369,966 1,494,462 1,500,700 1,525,600 FRANCHISE TAXES 2,626,949 2,654,681 2,699,000 2,877,000 UTILITY TAXES 4,609,884 4,803,711 4,867,000 5,010,000 LICENSES 381,000 387,029 480,000 495,000 PERMITS 1,431,316 1,189,775 1,291,660 1,219,020 INTERGOVERNMENTAL 4,261,949 4,505,947 4,788,095 4,869,510 CHARGES FOR SERVICES 2,190,810 2,795,454 3,148,420 3,376,730 FINES/FORFEITURES 282,387 381,103 467,900 475,700 INTERFUND TRANSFER 699,309 183,528 85,000 88,000 CONTRI FROM OTHER FUND 2,407,902 2,t27,490 2,132,250 2,131,280 REC ADMIN COSTS 1,701,460 1,729,690 1,731,510 1,654,510 MISCELLANEOUS REVENUES 569,445 2,129,985 1,148,630 1,229,240 SUB-TOTAL GENERAL FUND 41,306,245 43,333,832 43,702,255 44,835,910 BOND PROCEEDS 11,058,512 2,984,469 PRIOR YEAR SURPLUS 137,420 2,061,470 PRIOR YR ENCUMBRANCES 33,080 97,442 76,588 TOTAL GEN FUND REVENUE 52,397,837 46,553,163 45,840,313 44,835,910 FY97 REVENUES REC ADMIN 4% CONTRIBUTIONS MISC REV 5% 3% INTERFUND XFR 0% FINES/FORFEITURES1%CHARGES ~ INTERGOVERNMENTAL "':~' - 44% PERMITS ~, '~':l ~ LICENSES ~:i' / ~ UTILITY TAXES 11% SALES AND USE TAXES 3% FRANCHISE TAXES 6% ~:~ ~:~ ~ 0 I .:.:.: .... :.:i i:..:.: .... ; .... : .......... :.. , ....... 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