05-02-95 Regular
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. DELRA Y BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~
, MAY 2, 1995 - 6,00 P.M. ¿PUBLIC HEARING 7,00 P.M. '1111'
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: Ci ty 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.
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, APPELLATE PROCEDURES
?lease 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 will
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 April 4, 1995
6. Proclamations:
A. Recognizing the Delray Beach Center for Technology, Enterprise
& Development, Inc.
B. Postpolio Syndrome Awareness Week - June 1 through 7, 1995
7. Presentations:
A. University of Miami/Jackson Memorial Burn Center recognizing
Professional Firefighters of Delray Beach Local 1842
B. Daughters of the American Revolution Flag Presentation
8. Consent Agenda: City Manager recommends approval.
A. AUTHORIZATION TO PROCEED/ANALYSIS OF THE ECONOMIC IMPACT OF
BEACH RESTORATION AND MAINTENANCE: Approve and authorize
Coastal Planning & Engineering, Inc. to proceed with an
analysis of the economic impact of beach restoration and
maintenance at a cost not to exceed $50,800.00, with funding
from 334-4164-572-34.90.
B. CONCEPTUAL APPROVAL AGREEMENT/DELRAY OAKS (ECOSITE 67) :
Approve a Conceptual Approval Agreement among the City, Palm
Beach County and Florida Communities Trust (FCT) stating the
terms and conditions to be imposed by FCT on the use of
Preservation 2000 bond proceeds for the acquisition of the
Delray Oaks site (Ecosi te 67), and the restrictions imposed on
the site subsequent to its acquisition.
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C. CONFIDENTIALITY AGREEMENT/DELRAY OAKS (ECOSITE 67) : Approve a
Confidentiality Agreement among the City, Palm Beach County and
Florida Communities Trust stating that confidentiality will be
maintained regarding appraisals and offers relative to the
acquisition of the Delray Oaks site (Ecosite 67).
D. AGREEMENT FOR COMPLETION OF LANDSCAPING IMPROVEMENTS/SHERWOOD
PONTIAC: Approve an agreement with Sherwood H. Sheehan, Jr. ,
Trustee, to defer installation of required landscape upgrades
on the east half of the Sherwood Pontiac dealership located on
the west side of South Federal Highway, approximately 300 feet
north of Avenue F (Fladell's Way) .
E. CHANGE ORDER NO. 1 AND FINAL PAYMENT/RPM GENERAL CONTRACTORS,
INC. : Approve Change Order No. 1 in the amount of $3,959.81
and final payment in the amount of $15,919.22 to RPM General
Contractors, Inc. for completion of the Water Treatment Plant
Laboratory Modifications project. Funding is available from
441-5161-536-63.41.
F. CHANGE ORDER NO. 2 AND FINAL PAYMENT/DIPOMPEO CONSTRUCTION
CORPORATION: Approve Change Order No. 2 in the amount of
$924.38 and final payment in the amount of $32,833.09 to
DiPompeo Construction Corporation for the Veterans Park Phase
II project. Funding is available from 441-5161-536-63.90
($18,675.09) and 225-4126-572-61.63 ($14,158.00) .
G. FINAL PAYMENT/PALM BEACH COUNTY: Approve net final deduct in
the amount of $12,555 and final payment in the amount of
$10,845 to Palm Beach County for installation of a 24" raw
water main and 8" sewer force main in conjunction with County
improvements to the intersection of Linton Boulevard and
Military Trail. Funding is available from 440-5179-536-63.61.
H. ENGINEERING SERVICES CONTRACT AND SERVICE AUTHORIZATION NO.
l/PEC ENGINEERING: Approve an agreement with PEC Engineering
for General Civil/Sanitary Consulting Engineering Services and
Service Authorization No. 1 in the amount of $32,691 to PEC
Engineering for professional consulting services in conjuction
with the preparation of a beach area reuse feasibility study;
with funding from 441-5142-536-31.30.
1. ENGINEERING SERVICES CONTRACT WITH ECKLER ENGINEERING: Approve
an agreement with Eckler Engineering for provision of General
Civil/Sanitary Consulting Engineering Services.
J. ACCEPTANCE OF EASEMENT DEEDS/WIGGINS ROAD: Accept easement
deeds from John T. and Paula Honker and David J. and B. Lauren
Brow for the installation of water and sewer mains within
Wiggins Road.
K. RESOLUTION NO. 38-95: Adopt a resolution approving the Local
Housing Assistance Plan pursuant to the State Housing Initia-
tive Partnership (SHIP) Program, pursuant to Chapter 91-37.005
(6) (f) (g) of the Florida Administrative Code.
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L. AWARD OF BIDS AND CONTRACTS:
1. Bid Award - to Bay Fireworks for the Fourth of July
fireworks, in the total amount of $24,000; $16,000 will be
given by the Delray News, and $8,000 will come from the
City Account 001-1111-511-48.10.
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
accepting 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 April 17 through
April 28, 1995.
B. CONDITIONAL USE APPROVAL FOR THE OAK SCHOOL OF DELRAY:
Consider a request for conditional use approval to establish a
private elementary school in the CF (Community Facilities)
District. The subject property is located on the east side of
Swinton Avenue, between platted rights-of-way for extensions of
Tangerine Trail and Cocoanut Road.
C. REOUEST TO OUIT-CLAIM PARCEL/SHERWOOD PONTIAC: Provide
direction concerning a request to quit-claim a 26 ft. wide by
300 ft. long section of Dixie Highway right-of-way located
adjacent to Sherwood Pontiac to Sherwood H. Sheehan, Jr.
D. SPECIAL EVENT REOUEST/DELRAY BEACH JAYCEES: Consider a request
from the Delray Beach Jaycees to sell plants, in partnership
with Floral Acres, at various locations throughout the City
during the weekend of May 13-14, 1995 (Mother's Day) .
E. REOUEST TO RELEASE LIENS/232 S.E. 3RD AVENUE: Consider a
request from Victor Nocera, owner of property addressed as 232
S.E. 3rd Avenue, to reduce outstanding demolition and nuisance
abatement liens totaling $4,603.20 to $500.00.
F. PROPOSAL FOR ACOUISITION OF THE SANDOWAY HOUSE PROPERTY:
Consider options for the purchase and conversion of the
Sandoway House property to the City's Beach Patrol Headquarters
and other uses.
G. BANNER ATTACHMENT AGREEMENT/FLORIDA POWER AND LIGHT: Consider
approving a Banner Attachment Agreement with Florida Power and
Light Company to temporarily hang banners purchased by the
Joint Venture on FPL poles on Federal Highway.
H. CONTRACT ADDITION (C.O. NO. 4)/HARDRIVES OF DELRAY, INC. :
Consider Contract Addition (C.O. No. 4) in the amount of
$80,306.90 to the contract with Hardrives of Delray, Inc. for
improvements to the CSX Railroad right-of-way, and for paving
S.W. 6th Avenue and S.W. 11th Streets. Funding is available
from 228-3162-541-61.90 ($42,268.90) , and 61.19 ($38,038,00) .
1. AGREEMENT FOR REPAIR OF VETERANS PARK SEAWALL: Consider a
settlement agreement with Coastal Planning and Engineering,
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Inc. and B.K. Marine Construction, Inc. for the repair of the
. Veterans Park seawall. Costs will be shared equally. The
Ci ty' s share will be minus the cost of removal and replacement
of brick pavers, for a total of $4,249.07.
J. REIMBURSEMENT TO HIGHLAND BEACH/SEWAGE OVERFLOW BILLING:
Consider request from Highland Beach for reimbursement of
overcharges due to inaccurate registering of monthly sewage
flows through a faulty metering device.
10. Public Hearings:
A. TRANSMITTAL HEARING/COMPREHENSIVE PLAN AMENDMENT 95-1:
Authorize transmittal of Comprehensive Plan Amendment 95-1 to
the Department of Community Affairs for State Review. Future
Land Use Map ( FLUM) amendments which are a part of Amendment
95-1 are:
1. FLUM Amendment from County MR-5 (Medium Density
Residential - 5 units per acre) to City Low Density
Residential, Medium Density Residential, Open Space, and
Transitional for Blood's Hammock Groves, located on the
south side of Linton Boulevard, east of Military Trail..
2. FLUM Amendment from City Advisory Rural Residential to
City Advisory Low Density Residential, in part, and
Transitional, in part, for a 122 acre parcel located in
the northwest area of the City, on the east side of
Military Trail, west of Barwick Road, south of the L-30
Canal and north of the L-31 Canal.
3. FLUM Amendment removing the Large Scale Mixed Use Overlay
Designation for Marina Cay, located on the east side of
North Federal Highway, immediately south of the Delray
Swap Shop.
4. FLUM Amendment from County MR-5 (Medium Density
Residential - 5 units per acre) and HR-8 (High Density
Residential - 8 units per acre) to City Medium Density
Residential (5-12 units per acre) for the Jones Property,
located on the north side of West Atlantic Avenue between
Barwick Road and Hamlet Drive, immediately east of Carver
Middle School.
11. Comments and Inquiries on Non-Agenda Items from the Pub1ic-
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. 21-95: An ordinance modifying the Special
Activities District (SAD) for the Laver's North development
located on the east side of S.W. 10th Avenue and Lindell
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Boulevard, south of Linton Boulevard. If passed, public
. hearing on May 16, 1995.
B. ORDINANCE NO. 22-95: An ordinance amending the Land
Development Regulations by enacting a new Section 4.4.28,
"Central Business District - Railroad Corridor (CBD-RC" , and
amending LDR Section 4.3.4(K), "Development Standards Matrix",
to provide development standards for the new district. If
passed, public hearing on May 16, 1995.
C. ORDINANCE NO. 24-95: An ordinance amending Section 4.4.13(F)
and Section 4.3.4(K) of the Land Development Regulations to
reduce the open space requirement in the Central Business
District ( CBD) . If passed, public hearing on May 16, 1995.
D. ORDINANCE NO. 23-95: An ordinance amending LDR Sections
8.2.1(A) ,"Creation of the Downtown Development Authority" , to
correct a scrivener's error, and 8.2.2(B), "Downtown Area
Description" , to provide revised descriptions of the original
and expanded boundaries of the DDA area.
E. ORDINANCE NO. 25-95: An ordinance amending Chapter 52,
"Water" , and Chapter 53, "Sanitary Sewers", of the City Code to
provide for proration of initial and final billing. If passed,
public hearing on May 16, 1995.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. Commission
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WllBRBAS, the mission of the Delray Beach Center for Technology,
Bnterprise &. Development, :Inc., (T.B.D. CDTBR) is to address the concerns of
housing, crime management, employment and economic development by facilitating
revitalization in the community through creating a safe and affordable
residential environment and by providing a "Business :Incubator" to train and
nurture tenants, atudents and other business people in the target area.
1fBBRBAS , the Delray Beach Center for Technology, Bnterprise &.
Development, :Inc. has developed and implemented a "Hodel Block Program" and the
"Small Business :Incubator Program"; and,
1fBBRBAS , the T.B.D. Center has formed successful partnerships with
more than sixty-five units of local government, builders, realtors, lending
institutions, other non-profit agencies and various other cOllllllunity
organizations working together to deliver decent, affordable and attractive
housing in Palm Beach County; and,
1fBBRBAS , this "Hodel Block Program" will integrate new infill
housing on vacant lots, provide substantial rehabilitation, streetscape and
infrastructure improv_ents for residential construction or rehabilitation
sites, and also provide support services such as ho_owner association
development, life skills development, credit repair or rehabilitation as well
as encourage participation through its "sweat equity" component and job skills
development; and,
1fBBRBAS , the T.B.D. Center Small Business :Incubator provides
technical assistance, business training, secretarial and office support to
improve the viability of small business during the critical stages of early
development; and,
WllBRBAS, to date the T.B.D. Center has used $96,658 in gross
revenues (adjusting for in-kind contributions and accounts receivables) to
generate $2,268,760 in economic impact ($2,088,102 in the affordable housing
program, including tax base increase, and $180,658 in the small business
incubator program) so that for every $1 of contributions, and grants, the
T.B.D. Center's programs provide $23.50 of direct benefits to the community it
serves; and,
1IBBRBAS , the goal of the "Hodel Block Program" is to continue to
create opportunities for successful homaownership and decent affordable housing
through various initiatives, more specifically to assist new homeowners,
persons in credit repair, and additional applicants in Phase :I:I of operations.
HOW, THBRBFORB, :I, THOMAS B. LYNCH, Mayor of the City of Delray
Beach, Florida, on behalf of the City COIIIIIIission, do hereby recognize the
Delray Beach Center for Technology, Bnterprise &. Development, :Inc. , for its
viaion, cOlllllli tman t and dedication to providing decent, safe, and affordable
housing. The City of Delray Beach is proud to be a partner with the T.E.D.
Center in implementing its "Hodel Block Program".
:IH W:ITNBSS 1IBBRBOF, :I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 2nd day
of May, 1995.
KAYOR
THODS B. LYNCH
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WHEREAS, many Floridians have suffered from or
continue to suffer from the ravages of the disease of
poliomyelitis; and,
WHEREAS, though new cases of that once dreaded
disease are rare since the discovery and nearly universal
use of the Salk vaccine, its victims remain with little or
no hope for improvement from their current handicaps; and,
WHEREAS, medical science has recently become aware
that the debilitating effects of poliomyelitis increase or
reoccur with advancing age; and,
WHEREAS, though there is no cure for these
symptoms, awareness of the existence of postpolio syndrome
will help the victims by identifying the cause of their
symptoms; and,
WHEREAS, postpolio support groups are attempting
to educate and inform the medical community, the public in
general and the victims specifically.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach~ Florida, on behalf of the City
Commission, do hereby proclaim June '1 through 7, 1995 as
POSTPOLIO SYNDROME AWARENESS WEEK
in Delray Beach, Florida, and urge all of its citizens to
support the efforts of the Post Polio Support Group of Palm
Beach County.
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 2nd day of May, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
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PROFESSIONAL FIREFIGHTERS RECE!V!=LJ
OF
DELRA Y BEACH LOCAL 1842 APR 1 2 1995
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS CITY MArMGC "'( .),
P.O. BOX 583, DELRA Y BEACH, FLORIDA 33447-qS83 LR..J r "0'
$ ¡
WILLIAM ADAMS
PRESIDENT
JAMES TABEEK MR. DAVID T. HARDEN, CITY MANAGER
VICE·PRESIDENT CITY OF DELRA Y BEACH
ROBERT BROWN II 100 N.W. 1st AVE.
TREASURER DELRA Y BEACH, FL. 33444
JOHN DECKERS
SECRETARY
Dear Mr. Harden,
MAURICE HAAS
JOSEPH LIGUORI
"A- SHIFT STEWARD As you know the members of The Professional
Firefighters of Delray Beach, Local 1842 participated in a boot
DOUGLAS VAUGHN. .
MICHAEL WISE drIve on February 10, 11 and 12. The boot drive was to raise
"B- SHIFT STEWARD .c.. d c. I U· . fMi nilJ k M . I B
lw1 S lor t 1e mverslty 0 at ac son emona urn
PA TRICIA DUNKELMANN Center.
TIMOTHY GARITO L t b I . . d c.
"C" SHIFT STEWARD as year our mem ers lip raIse over lOur
thousand dollars. Tllis year through the generosity of the citizens
RICHARD MURPHY of Delray Beach and Highland Beach we were able to raise over
"40" HR STEWARD .
SIX thousand dollars.
At the request of the UM/JM Bun1 Center they
would like to present the city and the local with a plaque for our
support. They are requesting this item be placed on the Agenda
of the City Commission Meeting in May.
If you can have your staff notify me if this meets
with your approval so I can contact illvl/JM. ·Ifyou have any
question please do not hesitate to call 7426.
L \ "\ '1 L C> __ ~. f-'1 ~ 6- TI ¡..J G:-
. cerely, ~ j
(VI It "i 'L, 1 c¡ c¡ S- C!\ J./.r¡~
k ..... ') (~í /. ..; J.i . -!!~ James H. Tabeek
. /- I . . j:"- -<c. "'-. v~ t~
/ /(-< -',"" ~ I ~V'" ". '. V. President, Local 1842
,/ tJ'- / 14).~
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UNIVERSITY OF MIAMI
JACKSON MEMORIAL BURN CENTER
BOARD OF GOVERNORS
EDWARD KAZAI\UIAN
PRESIDENT
WELLINGTON REAL ESTATE CORP
EA DONALDSON
PRESIDENT -ELECT 7 March 1995
UNe tNTEANA TONAL INC,
ANNE JOFFRE EVANS
V1CE PRESIDENT
DAS, JQFFRE &. JQFFRE
MURRAY S. ZACHARIA
TREASuRER
JACKSON MEMORiAl HOSPITAL Lieutenant Jim Tebeke
RICHARD M. HIGH Del Ray Beach Fire Department
SECAET ,A,RY
SOUTHERN DANERS LEASING SERVICE 501 West Atlantic Avenue
SCOTT BREWER
FLORIDA PQlNER &. LIGHT Del Ray Beach FL 33444
IRA C. CLARK
PUBLIC HEALTH TRUST PRESIDENT
DENNIS P. COLLINS Dear Mr. Tebeke:
WL YF¡'WMRl RADtO
DIANE COOK Just a note to say thank you for the tremendous effort you put
UMVERSlTY Of MiAMI
CHARLES CRISPIN forth for the recent street drive. It was a terrific outcome. I
WALTER J. CROSSON am continually honored that you take the time and effort to
FLORIDA POWER &. LIGHT
LT. LUIS ESPINOSA help us improve and to continue burn care in our community.
CITY OF HIAlEAH FIRE DEPARTMENT The Burn Center is a monument to your work and I am proud
BERNARD J. FOGEL, M.D. to be able to work in a facility which has been and continues
UNtVERSfTY OF MIAMI
SCHOOL OF MEDtClNE to exist because of your concern for others. You make my day
STUART KAUFMAN
HEAL THINFl.JSK)N. INC. easier and for that I am always indebted. Thank you for your
LOU KICKASOLA community spirit and dedication to our programs.
CIT'< Of MtAMI FIRE RESCUE
ELLEN W. MCDONNELL
BISCAYNE KENNEL Clue. INC.
MEL MENDELSOHN
DADfLANO MALL
MICHAEL D. PECK. M.D., SC.D
BURN CENTER CODIRECTOR ~
CLAUDINE M. SMURFIT illon Ward. M.D.
SMUAFI T LA TIN AMERICA
JUDGE BRUCE W. SOLOW Pr fessor of Surgery
KEITH TRUPPMAN, ESQ. Director. TJM/JM Bum Center
RESS. MINTZ &. TRUPPMAN, PA
ROBIN VARI>S. R.N.
BURN CENTER HEAD NURSE /es
C GILLON WARD. M.D., FAC S
BuRN CENTER DIRECTOR
CONST ANCE J WILLMAN
MIAM1 COUNTRY DAY SCHOOL
... / ed ra ¡ e~ ¡be ¡ street-dr-j ve. 02 2:i 95
STEVEN H WOOD
JOHN ALDEN ASSET MANAGEMENT CO
ADVISORS
RALPH H. CARBONE
METRO DADE FIRE DEPARTMENT
FRED A SAMPERI
ADMINISTRATION
OPHELIA STERN
DIRECTOR OF DEVELOPMENT
MARJORIE BARTLETT
ASSISTANT TO DIRECTOR OF DEVELOPMENT
PO, BOX 016310 (R-310A) · MIAMI, FLORIDA 33101
BURN CENTER OFFICE (305) 547-6186 · FAX (305) 547-5702
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJiV(
SUBJECT: AGENDA ITEM # g. A· - MEETING OF MAY 2, 1995
AUTHORIZATION TO PROCEED/ANALYSIS OF THE ECONOMIC
IMPACT OF BEACH RESTORATION AND MAINTENANCE
DATE: April 28, 1995
This is before the Commission to approve and authorize Coastal
Planning & Engineering, Inc. to proceed with an analysis of the
economic impact of beach restoration and maintenance at a cost
not to exceed $50,800.00, with funding from the Beach Restoration
Fund.
Economic justification of funding for beach projects has been
questioned at both the State and Federal levels. In order for
the City to assist in validating the entire funding program for
beach erosion control, such benefits need to be quantified for
members of Congress and the State Legislature.
Coastal Planning and Engineering, Inc. , in conjunction with
Regional Research Associates, proposes to evaluate the economic
benefit of the Beach Nourishment Project on tourism, property
values, property taxes, other revenues such as hotel taxes, and
storm damage protection benefits.
The project is covered in the City's on-going contract with
Coastal Planning and Engineering, Inc. Funds are available in
the Other Contractual Services (Account No. 334-4164-572-34.90) .
The State will reimburse 66 percent of the cost ($33,528) .
Recommend approval of authorization of Coastal Planning &
Engineering, Inc. to proceed with an analysis of the economic
impact of beach restoration and maintenance.
{ìJ oo-e.tL & 9. nit .
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RECEIVED {I'" I
APR 2 5 1995
CITY COMMISSION DOCUMENTATION CiTY MA" .',_
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TO: DAVID T. ~DE~, CITY MANAGER
THROUGH: ~~~~CTOR OF PLANNING & ZONING
FROM: JOHN WALKER, PROJECT COORDINAT~ ¿¿/~
SUBJECT: MEETING OF MAY 2, 1995 ** CONSENT AGENDA **
AUTHORIZATION TO PROCEED - ANALYSIS OF THE ECONOMIC
IMPACT OF BEACH RESTORATION AND MAINTENANCE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of an authorization to proceed with an analysis of the
economic impact of beach restoration and maintenance.
BACKGROUND:
The City has maintained a beach nourishment project since 1973,
resulting in significant economic benefits to the City, County
and State. Recently, the economic justification of funding for
beach projects has been questioned at both the State and Federal
levels. In order for the City to maintain its priority status
in future funding requests, and to assist in validating the
entire fitnding program for beach erosion control, such benefits
need to be quantified as an educational tool for members of
Congress and the State Legislature.
The study, to be conducted by Coastal Planning & Engineering,
Inc., in conjunction with Regional Research Associates, proposes
to evaluate and quantify the economic benefit of the Beach
Nourishment Project on tourism, property values, property taxes,
other revenues such as hotel taxes, and storm damage protection
benefits. A more detailed discussion of the scope of the study
is attached.
This item is covered in the City's on-going contract with
Coastal Planning & Engineering, Inc. Funds are available in the
Beach Restoration Fund. The State will reimburse 66% of the
cost ($33)528).
RECOMMENDED ACTION:
By motion, authorize Coastal Planning & Engineering, Inc. to
proceed with the analysis of the economic impact of beach
restoration and maintenance at a cost not to exceed $50,800,
pursuant to the attached proposal.
Attachment:
* Letter from CP&E
T:\advanced\ECON3.DOC
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.
COASTAL & OCEAN ENGINEERING
COASTAL SURVEYS
COASTAL PLANNING & ENGINEERING. INC. BIOLOGICAL STUOIES
GEOTECHNICAL SERVICES
BOCA RATON: 2481 N.W. BOCA RAtON BOULEVARD, BOCA RATON. FL 33431 (407) 391-8102 TELEFAX: (407) 391-9116
JACKSONVILLE: 1542 KINGSLEY AVENUE, SUITE 142E, ORANGE PARK. FL 32073 (904) 264-5039 TELEFAX: (904) 264-5039
TOMS RIVER: 250 WASHINGTON STREET, SUITE B. TOMS RIVER. NJ 08753 (908) 244-3366 TELEFAX (90B) 244-3664
March 28, 1995
Mr. John Walker
City of Delray
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Analysis of Economic Impact of Beach Restoration and Maintenance
Dear John:
The City of Delray Beach has restored and maintained its Atlantic Ocean beach since 1973. The
project has resulted in a number of economic benefits to the City and State. We propose to
undertake a study similar to other studies supported by the State to determine the economic
impacts of the beach nourishment project. We will work with RRA to accomplish this study.
The study proposed is similar to the previous economic studies performed at Captiva Island and
Anna Maria Island performed by RRA and follows DNR format. It analyzes the same benefits
as in the GDM, but does so in a different manner. This will provide confirmation to the federal
methodology. It also analyzes the effect of the beach nourishment on the community as a whole.
The purpose of the study is to develop the benefits which accrue from recreational use of the
beach, extended fiscal impact to the City and State, increased property values and protection for
State Rd. AlA. The scope of services will be as follows:
Estimation and analysis of the recreational use and value of the beach. Recreational
benefits accrue to all beach visitors. Identification and analysis of these benefits will be
provided for the City of Delray Beach, Palm Beach County, and for the State of Florida.
This study will involve beach user surveys to obtain the required information on
characteristics and expenditure patterns of beach visitors. Fifteen sample days will be
chosen over the course of a year for personal interviews of beach visitors. Beach visitors
will be classified by residence (city, county, state, U. S., and foreign). The surveys will
profile visitors over the course of a year. This will provide for analysis of beach visitors
by season. From this, recreational value will be developed.
Assessment of the economic and fiscal impact of beach maintenance. Beach user
expenditures provide jobs and income to residents and businesses in Delray Beach and
surrounding communities and have additional impacts elsewhere in the State. The retail
sales generated by beach visitors create jobs and income in Delray Beach and thus
contribute to the City's economic development. This study will quantify the effect of the
beach on Delray's economic development. In addition, government revenues in the form
of sales taxes, hotel bed taxes, and gasoline, beverage and cigarette taxes are realized
because of spending by beach visitors. The City, County, and the State share these
"., .
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Economic Impact Proposal
March 28, 1995
Page 2
revenues. This study will determine the magnitude of these revenues to each
governmental unit.
The beach user survey will also ask questions which will be used to assess the economic
impact. In addition, a survey of businesses will be undertaken. Data on jobs and income
in Delray Beach will be obtained and will be used in developing beach impact estimates
by business type and location in the City.
Analysis of the impact of the maintained beach on property values and property tax
revenues. Beach maintenance creates enhanced property values by providing a
recreational and storm protection beach. Market forces capitalize the expected benefits
to be provided by a quality beach. Both improved storm protection and recreational
benefits are captured in terms of increased property value and resulting property tax
receipts.
Measurement of this impact will be made using property appraiser records on real
property in Delray Beach. Palm Beach County Property Appraiser records going back
to the 1970's will be used to track sales and other property information relevant to the
impact of the beach on property value and tax revenue.
Road Damage Prevention Benefits. The beach also provides protection for AlA along
the Public Beach. We will determine the storm damage prevention benefits resulting
from protection of this road. This will be done through a statistical analysis of storm
recession frequency and resulting damages.
The cost for this study will be $ $50,800. A detailed cost breakdown is attached. If you have
any questions, please do not hesitate to call.
Very truly yours,
COASTAL PLANNING & ENGINEERING, INC.
Ž~~
/Kim E. Beachler, P.E.
Vice President
prp9502:dbecon.rra
cc: Thomas Campbell
Bill Stronge
Elizabeth McCarthy
COASTAL PLANNING & ENGINEERING, INC.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # fl·ß. - MEETING OF MAY 2, 1995
CONCEPTUAL APPROVAL AGREEMENT/DELRAY OAKS (ECOSITE 67)
DATE: April 28, 1995
This is before the Commission to approve a Conceptual Approval
Agreement among the City, Palm Beach County and Florida Communi-
ties Trust (FCT) stating the terms and conditions to be imposed
by FCT on the use of Preservation 2000 bond proceeds for the
acquisition of the Delray Oaks site (Ecosite 67) , and the
restrictions imposed on the site subsequent to its acquisition.
The Conceptual Approval Agreement is required by the FCT as part
of the Environmentally Sensitive Lands Acquisition Program for
the City and County to receive matching funds in the amount of
$1,781,650 for acquisition of the site. Under the agreement, the
City and County agree to abide by conditions of project plan
approval, follow site acquisition requirements imposed by State
Statute, and comply with site specific conditions to be included
in a management plan.
The County is proceeding with the purchase of the site. Once
acquisition is complete, the City and County will create a
management plan, through an interlocal agreement, for the
development and operation of the site.
The City Attorney's office has reviewed the agreement that the
City will be entering into with Florida Communities Trust and
Palm Beach County and finds them legally sufficient.
Recommend approval of the Conceptual Approval Agreement, subject
to the approval of an interlocal agreement between the City and
County regarding the development and operation of the site.
(!O¡:¡:é.Cl.-71ol7 - fJ. ß. e. k~"I>J Ir --/1 E.-
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[IT' OF DELAA' IEA[H
-~".-'''~.''. -'-.~' -
CITY ATTORNEY'S OFFICE 200 NW Is! AVENUE· DELRAY BEACH. FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DRRA Y BEACH
, L 0 . I D "
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AJI.Anwica City MEMORANDUM
" III!
DATE: April 26, 1995
1993 TO: City Commission
~~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Conceptual Approval Agreement and Confidentiality Agreement regarding
Delray Oaks
I have reviewed the Conceptual Approval Agreement and the Confidentiality Agreement
that the City will be entering into with Florida Communities Trust and Palm Beach
County and find them legally sufficient.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan A. Ruby, City Attorney
John Walker, Project Coordinator
dafct. rbs
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APR 2 5 1995
Ci fY VI" .~, (ì r: r~ I (, r
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: DIANE DOMINGUEZ, DIRECTOR OF PLANNING & ZONING
FROM: JOHN WALKER, PROJECT COORDINATO~¿¿/~
SUBJECT: MEETING OF May 2, 1995 ** CONSENT AGENDA **
CONCEPTUAL APPROVAL AGREEMENT REGARDING DELRAY OAKS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the Conceptual Approval Agreement among the
City of Delray Beach, Palm Beach County and Florida
Communities Trust (FCT) stating the terms and conditions to
be imposed by FCT on the use of Preservation 2000 bond
proceeds for the acquisition of the Delray Oaks site
(Ecosite 67) and the restrictions imposed on the site
subsequent to its acquisition.
BACKGROUND:
The City, in partnership with Palm Beach County, submitted a
joint application to FCT for funds under the Preservation 2000
program for acquisition and preservation of the Delray Oaks
site. Matching funds were awarded in the amount of $1,781,650.
The local portion of funds will come from the County's
Environmentally Sensitive Lands bond proceeds. The County is
proceeding with the purchase of the site. Once acquisition is
complete, the City and County will create a management plan,
through an interlocal agreement, for the development and
operation of the site.
The Conceptual Approval Agreement is required by FCT as part of
the Environmentally Sensitive Lands Acquisition Program for the
recipients (the City and County) to receive matching funds for
the acquisition of the site. Under the agreement, the City and
County agree to abide by conditions of project plan approval,
follow site acquisition requirements imposed by State Statute,
and comply with site specific conditions to be included in a
management plan.
.
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City Commission Documentation
Conceptual Approval Agreement Regarding Delray Oaks
Page 2
RECOMMENDED ACTION:
By motion, approve the Conceptual Approval Agreement among the
City of Delray Beach, Palm Beach County and Florida Communities
Trust (FCT) stating the terms and conditions to be imposed by
FCT on the use of Preservation 2000 bond proceeds for the
acquisition of the Delray Oaks site (Ecosite 67) and the
restrictions imposed on the site subsequent to its acquisition.
This approval is subject to the approval of an interlocal
agreement between the City and County regarding the development
and operation of the site.
Attachment:
* Conceptual Approval Agreement
T:'adva~ced'CCOAKS_DDC
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CAN A L I
N DELRAY OAKS PARCEL
PlANNINC DEPARTIoIENT (ECOSITE 67)
en'l' or OEUlA Y B£ACH. FL
-- DIGITAl. BASE: UAP SYSTEM --
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." .·CONTRACT # FLORIDA COMMUNITIES TRUST
.' P4A AWAIID# 94-005-P4A
, .
:1 .-
, CONCEPTUAL APPROVAL AGREEMEl~
THIS AGREEMENT is entered into on ,
· ~ :1995, by and between the FLORIDA COMMUNITIES TRUST (FCT), a
· '..:. nonregulatory agency within the State of Florida Department of
,.: .·~ommunity Affairs, and PALM BEACH COUNTY AND THE CITY OF DELRAY
. :.: <'BEACH (FCT Recipient), local governments of the State of Florida,
. 'in order to impose terms and conditions on the disbursement of
.:: :·P~eservation 2000 Revenue Bond proceeds as partial reimbursement
· ·.of· funds expended by the FCT Recipient to acquire land (Project
.:. . Site), hereinafter described, and to impose terms and conditions
")' on the project Site, as shall be necessary to ensure compliance
.... ,.'with applicable Florida Law and federal income tax law and to '
:. otherwise implement provisions of Sections 259.101, 375.045, and
'Chapter 380, Part III, Florida Statutes (F.S.).
'.
* * * * * * *
WHEREAS, Chapter 380, Part III, F.S., the Florida
.: ·.Communities Trust Act, creates a nonregulatory agency within the
,:..: . Department of Community Affairs (Department) that will assist
'. :. . local governments in bringing local comprehensive plans into
· ':',compliance and implementing the goals, objectives, and policies
.. ~:.: ',of the conservation, recreation and open space, and coastal
.' ";:elements of local comprehensive plans, or in conserving natural
. . ·:..··:i:esources and resolving land use conflicts by providing financial
· " :assistance to local governments to carry out projects and
,., ..activities authorized by the Florida Communities Trust Act;
'.' WHEREAS, 'section 259.101(3) (c) of the Florida Preservation
· '.' ':2000 Act provides for the distribution of ten percent (10%) of
:" .:the net Preservation 2000 Revenue Bond proceeds to the Department
...:'. ·of. 'community Affairs to provide land acquisition grants and loans
..:, '. to. . local governments through the FCT;
,:;,." WHEREAS, the Governor and cal;>inet authorized the sale and
. : :·issuance of ~tate of Florida Department of Environmental
:P;rotection Preservation 2000 Revenue Bonds (Bonds);
· ..' WHEREAS, the Bonds were issued as tax-exempt bonds, meaning
" that the interest on the Bonds is excluded from the gross income
':'. af Bondholders for federal income tax purposes;
· .. .. WHEREAS, Rule Chapter 9K-4, Florida Administrative Code
.......,. ·."(F.A.c.) sets forth the procedures for evaluation and selection
.. ,'Of lands proposed for acquisition using funds allocated to the
. ::-- : .FCT through the Department of Community Affairs from the
: ':Preservation 2000 Trust Fund;
" ,
.: . WHEREAS, the FCT Governing Body met on January 12, 1995, to
.... ::rank and select projects that were to receive Conceptual Approval
<'for funding;
. . WHEREAS, the FCT Recipient's project was selected for
:':' ·.funding in accordance with Rule Chapter 9K-4, F.A.C.;
. WHEREAS; Rule 9K-4.010(2) (f), F.A.C., authori~es FCT to
·,impose conditions for funding on those FCT applicants whose
. :' .~proj ects have been selected for funding; and
. . WHEREAS, Rule 9K-4.0031(9) F.A.C., recognizes real property
'. ". ". . owned by the Recipient and included in the application as part of
.'. . tne Project site as an eligible source of local match, provided
.,t~at real property owned by the Recipient has been acquired, by
'..'~ "CAAI 94-005-P4A
:::.·:,'.PRE-ACQ/3-10-95 1
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."\', the Recipient, within one year of the publication date of the
Notice ,of Application Period for which the application was made
the date of said Notice being July 1, 1994;
WHEREAS, the FCT Recipient acquired the fee simple title to
'the Project site, on (purchase pending) from A&A Associates and Land Resources
Investment Corporation; "
WHEREAS, the FCT Recipient has requested disbursement of FCT
" Preservation 2000 Series Bond Proceeds from FCT subsequent to the
" , closing on the acquisition of, the Project site for the project
, ' costs expended for the acquisition of the Project site by the FCT
Recipient; and
.' , the purpose of this Agreement is to set forth the
WHEREAS,
" ' . ' conditions of Conceptual Approval that must be satisfied by FCT
Recipient prior to the disbursement of any FCT Preservation 2000
, , åward and the restrictions that are imposed on the Project site
~ subsequent to its acquisition with the FCT Preservation 2000
" Series Bond Proceeds.
." ..'
,"
NOW THEREFORE, FCT and FCT Recipient mutually agree as follows:
I. GENERAL CONDITIONS
.,! .
1. At least two original copies of this Agreement shall be
" executed by FCT Recipient and returned to the FCT office at 2740
Centerview Drive, Tallahassee, Florida 32399-2100 as soon as
. .. '# possible and before June 10, 1995. Upon receipt by FCT of the
" ' signed Agreements, FCT will execute the Agreements, retain one
. ,'. original copy and return all other copies to FCT Recipient.
, ' ,
..' . " 2. conceptual Approval for funding shall be until December
:
10, 1995. In the event a project plan has not received project
plan approval by December 10, 1995, the FCT Recipient must
request a written extension to the Conceptual Approval Agreement
" ' for project 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.
3. The ,FCT Preservation 2000 award granted to the FCT
'f , Recipient will in no event exceed the lesser of FIFTY percent
(50%) of the final total project costs, as defined in Rule 9K-
4.002(31), F.A.C., or ONE MILLION SEVEN HUNDRED EIGHTY-ONE
" THOUSAND SIX HUNDRED FIFTY Dollars ($1,781,650.00), unless the
.., '. , ' FCT Governing Body approves a greater amount pursuant to Rule 9K-
4.011(2) (a), F.A.C.
4. The grant amount reflected in section I.3.,
. hereinabove, is based on the FCT Recipient's estimation of
Project Costs in application 94-005-P4A and limits on awards in
the Notice of Application Period announcing the application
cycle. The actual total Project Costs, defined in Rule 9K-
4.002(31), F.A.C., for acquisition of the project site will be
reflected on a grant reconciliation statement prepared pursuant
'.. to Section I. 6., hereinbelow. The FCT will participate in the
land cost at either the actual purchase price, or the maximum
approved purchase price based on appraisal reports that comply
with requirements set forth in Rule 9K-6.007, F.A.C., whichever
is less, and multiplied by the percent stated in section I.3.,
, ,hereinabove.
" . ,.
.. 5. The FCT Governing Body has given conceptual Approval
for funding to acquire the entire Project site identified in the
FCT Recipient's application #94-005-P4A. The Governing Body
reserves the right to withdraw its FCT award if the acreage that
." .
CAA/94-005-P4A
PRE-ACQ/3-10-95 2
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comprises the Project site is reduced so that the objectives of
the acquisition cannot be achieved or if the priority parcel(s)
identified in the acquisition plan prepared pursuant to section
II. 5., hereinbelow cannot be acquired.
· ..
6. FCT awards shall be delivered either in the form of
): .eligible project costs prepaid by FCT or in the form of a state
. ~arrant to the FCT Recipient. FCT award funds shall only be
'.. delivered, after FCT approval of the project plan and terms of
.... the· acquisition of the Project Site. If the Project Site is
·comprised of multiple parcels, FCT shall deliver only the share
,- of the FCT award that corresponds to the parcel for which
reimbursement is made. FCT will prepare a grant reconciliation
.,:.' statement prior to the reimbursement for the Project site parcel
· . .::" that will evidence the amount of local match, if any, provided by
· .:." the FCT Recipient and the portion of the FCT award that
· ~.corresponds to the parcel for which reimbursement is being made.
. Cash expended by the FCT for eligible project costs incurred by
..,. :the FCT will be recognized as part of the FCT grant award amount
'.\ . '., on the grant reconciliation statement.
. .
" . 7. A local match shall only be required when the amount of
.'. FCT grant award stated in section 1.3., hereinabove, is less than
.','" . .: ONE HUNDRED percent (100%) of the total project costs. If a
· .. local match is required, the FCT Recipient's local match shall be
delivered in the form of eligible project costs prepaid by the
·'·FCT Recipient. If the project site is comprised of multiple
parcels, the FCT Recipient shall only be reimbursed for the
: "prepaid eligible project costs that correspond to the parcel
· :'. . being reimbursed. The cash. expended by the FCT Recipient for
eligible project costs incurred by the FCT Recipient will be
· ." . . .recognized as part of the local match on the reconciliation
· ··..·:.statement prepared pursuant to section I. 6., hereinabove. In the
.:.... ·even~ FCT Recipient's application #94-005-P4A represents that
:: land is the source of local match, the value attributed to the
. land local match shall be determined after an appraisal report
<·that complies with the procedures and requirements set forth in
: '. Rule 9K-6. 007, F.A.C.
8. The FCT Governing Body adopted the Preservation 2000
· .'... ::program Approved List of Complete Applications for series 4A
':.: Funding cycle on september 28, 1994. If by local government
;' initiated action taken sUbsequent to september 28, 1994, a
. :' ..,. '. Project site is given an enhanced highest and best use which
':' ." 'would result in a governmentally derived higher value, the
: . reimbursement for land costs shall be determined by appraisal(s)
· ':: :' based on the highest and best use of the Project site on or
· ,:. .: .before September 28, 1994. FCT advised the FCT Recipient of
'.: . ··'t-his condition by letter as attached hereto as Exhibit Band
· .: incorporated herein by reference.
'.' 9. FCT Recipient agrees to make diligent efforts to submit
· ..' .'. the .documentation that is required in this Agreement as soon as
, is reasonably possible to FCT so that the proje~t site may be
'. '. .acquired in an expeditious manner.
~ 10. This Agreement may be amended at any time prior to FCT
giving project plan approval to the FCT Recipient. Any amendment
:...... must be set forth in a written instrument and agreed to by both
. . ,'.~: . the FCT Recipient and FCT.
,.
II. REQUIREMENTS THAT MUST BE MET PRIOR TO PROJECT PLAN APPROVAL
'. AND THE DELIVERY OF AWARD ~UNDS FOR REIMBURSEMENT OF PROJECT
'COSTS EXPENDED BY FCT RECIPIENT TO ACQUIRE PROJECT SITE
. .
· :". 1. By execution of this agreement, the FCT Recipient.
-': ..... a,ffirms that:
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'::., :CAA/94-005-P4A
.... . .PRE-ACQ/3-10-95 3
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a. the FCT ~ecipient reaffirms the representations
.. , made in FCT Application #94-005-P4A;
. . .'
b. the FCT Recipient shall, on the anniversary date
." " of the approval of the project plan by the Governing Body,
prepare and submit to FCT an annual report as required by Rule
9K-4.013, F.A.C.
2. Prior to final disbursement of award funds by FCT, the
...' .... FCT Recipient must prepare a project plan, which is a compilation
, , of documents, that complies with Rule 9K-4.011, F.A.C. This
project plan, which is a compilation of documents, must be
'.. reviewed and approved by FCT, and. include the following
documents:
..
a. A statement that the acquisition activities were
conducted consistent with either Rule 9K-6.004(3) (d) (1) or
(2) , F.A.C., whichever applies.
b. The following documents, to be reviewed by FCT to
ensure that the interest of the state of Florida will be
- protected:
'.
.... (1) A copy of the real estate contracts for sale
and purchase of the project site between FCT Recipient and
, , A&A Associates and Land Resources Investment Corporation
: .
. ..
.. , (2) A copy of Buyer and Seller closing statements
" " for the purchase of the Project site.
(3) A copy of the recorded deed evidencing
, ' conveyance of title to the project site to the FCT Recipient.
. ,
, . (4) certified survey of the Project Site that
0.. :.' meets the requirements of Rule 9K-6.006, F.A.C. , and dated· within
90 days of the date of acquisition of Project site by FCT
.... .. Recipient.
(5) Appraisal report(s) prepared for the FCT
. '. . Recipient's acquisition of the'Project site that complies with
the requirements of Rule 9K-6.007, F.A.C.
(6) A copy of the title insurance policy
. evidencing marketable title in FCT Recipient to the project site
and effective the date of acquisition of the Project site by the
FCT Recipient, including a statement from the title insurer as to
the minimum promulgated rate if premium was paid by FCT
Recipient, and all ,documents referenced in the title policy.
" . .
". .'
(7) Environmental site assessment of the project
site certified to the FCT Recipient, which meets the standards
, , and requirements of the FCT Recipient, and with a date of
certification within 45 days before the date of acquisition of
, , the Project site by FCT Recipient, together with the statement
. " required by Rule 9K-6.012(4), F.A.C.
" c. A management plan that complies with the
following: written according to Exhibit C (FCT Technical
Assistance Bulletin #2--Writing a Management Plan), which is
attached hereto and incorporated herein by reference; acceptable
to FCT; addresses the criteria and conditions set forth in
"\ .. section V, VI, VII and VIII hereinbelow; and, at a minimum, sets
forth how the site will be managed to further the purpose of the
project, contains a description of all planned improvements to
, the P~oject Site, identifies the costs of management and site
, improvement ând funding sources, and identifies the management
entity and its funding source. If the FCT Recipient is not the
proposed managing entity, the project plan must include a signed
agreement between the FCT Recipient and the managing entity
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..... stating the managing entity's willingness to manage the site, the
':':: manner in which the site will be managed to further the
..' .:' purpose(s) of the project, and identification of the source of
, ".' funding for 'management.
d. A statement of the total project cost, including
" all non-recurring costs of project development.
. e. A statement of the amount of the award being
~ " ~equested from FCT.
f. A statement from each FCT Recipient in whose
..:,... jurisdiction the Project site is located that the project plan is
. . consistent with the local comprehensive plan.
g. Evidence that conditions imposed as a part of the
. ''": '. Conceptual Approval Agreement have been satisfied.
h. An affidavit from the FCT Recipient evidencing that
'". ~fter conducting a diligent search, the FCT Recipient, to the
best of its knowledge, represents that there are no existing or
pending violations of any local, state, regional and federal laws
.' ~nd regulations on the Project site.
In the event that the FCT Recipient is a partnership, the FCT
, . , .Recipient must provide FCT with the interlocal agreement that
, ,sets forth the relationship among the partners and the fiscal and
__~~"", _,_." ___ " management responsibilities and obligations incurred by each
, '. partner for the Project site.
3. Pursuant to 9K-4.011(2) (h), F.A.C., FCT shall withhold
project plan approval if the local comprehensive planes) of the
·FCT Recipient or the FCT Recipient's partner is, for any reason
, -found not in compliance by the Department after conceptual
, . approval has been granted by FCT, unless the FCT Recipient has
:~. executed a stipulated settlement agreement with the Department to
: ,':' ~esolve all of the issues raised by the Department in a statement
, of intent to find a plan not in compliance issued to pursuant to
Section 163.3184(8), F.S.
....
. .".
IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART
.' III, F.S.
FCT RECIPIENT AGREES AS FOLLOWS:
1. FCT shall approve the terms under which the interest in
"land was acquired, pursuant to section 380.510(3), F.S. Such
approval is deemed given when the FCT governing body approves the
;. . project plan containing a copy of the document vesting title to
the Project site in the FCT Recipient.
2. Title to the Project site shall be titled in the FCT
.Rec~pient.
,,' 3. Any deed whereby the FCT Recipient acquires title to
, ····.··the Project site shall contain or be subject to such covenants
. : ,. and restrictions as are, at a minimum, sufficient to ensure that
..,.. :, ·the use of the Project site at all times complies with section
.,': 375.045 and 375.Q51, F.S.; section 9, Article XII of the State
'. Constitution; the applicable bond indenture under which the Bonds
.' .' 'were issued; and any provision of the Internal Revenue Code or
.. .;:. the regulations promulgated thereunder that pertain to tax exempt
" ",bonds and shall contain clauses providing for the conveyance of
~..title' to the Project site in the Board of Trustees of the ,
". Internal Improvement Trust Fund upon failure to use the Project
'. :" . site conveyed thereby for such purposes.
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4. A Grant Award Agreement containing such covenants and
"" , "restrictions as referenced in Section IV.3. above and describing
the real property subject to the Agreement shall be executed by
the FCT and FCT Recipient prior to the disbursement of award
funds to the FCT Recipient and shall be recorded in the county in
; which the Project site is located.
, ' ., If any essential term or condition of the grant is
5.
: violated, and the FCT Recipient does not correct the violation
· , . within 30 days of written notice of violation, title to all
'. interest in the Project site shall be conveyed to the Board of
Trustees of the Internal Improvement Trust Fund. The Grant Award
Agreement described in section IV. 4. shall set forth the
e~ecutory interest of the Board of Trustees of the Internal
'Improvement Trust Fund.
, . 6. The interest acquired by the FCT Recipient in the
Project Site shall not serve as security for any debt of the FCT
· '." . Recipient.
. .. 7. If the existence of the FCT Recipient terminates for
any reason, title to all interest in real property it has
.acquired with the FCT award shall be conveyed or revert to the
. Board of Trustees of the Internal Improvement Trust Fund, unless
:" FCT negotiates an agreement with another local government or
nonprofit organization which agrees to accept title to all
, interest in and to manage the Project site.
, ~ ,. The project site shall be managed only for the
8.
'. . 'conservation, protection and enhancement of natural resources and
,.' for public outdoor recreation that is compatible with the
..... 'conservation, protection and enhancement of the Project Site,
":' along with other related uses necessary for the accomplishment of
, this purpose. The proposed uses for the Project site must be
specifically designated in the management plan approved by the
FCT as a part of the project plan.
v. OBLIGATIONS OF THE FCT RECIPIENT AS
A CONDITION OF PROJECT FUNDING
1. Following the acquisition of the Project Site, the FCT
Recipient shall ensure that the future land use designation
assigned to the project site is for a category dedicated to open
space, conservation, or outdoor recreation uses as appropriate.
If an amendment to the FCT Recipient's comprehensive plan is
required, the amendment shall be proposed at the next
'.:: ..':' . comprehensive plan . amendment cycle available to the FCT Recipient
subsequent to the Project site's acquisition.
". 2. FCT Recipient shall ensure, and provide evidence
',' '; . thereof to FCT, that all activities under this Agreement comply
with all applicable local, state, regional and federal laws and
· . ' regulations, including zoning ordinances and the applicable
adopted and approved comprehensive plan. Evidence shall be
.:. .. provided to FCT that all required licenses and permits have been
obtained prior to the commencement of any construction.
. .
-. 3. The FCT Recipient shall, through its agents and
>. employees, prevent the unauthorized use of the Project site or
..':. any use thereof not in conformity with the management p,lan
. . 'approve by the FCT as a part of the project plan.
4. FCT staff or its duly authorized representatives shall
have the right at any time to inspect the project site and the
~.:. operations of the FCT Recipient at the Project site.
.... . 5. All buildings, structures, improvements, and signs
, :.' . shall require the prior written approval of FCT as to purpose.
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,Further, tree removal, other than non-native species, and major
", .: '.' " land alterations shall require the written approval of FCT. The
, " approvals required from FCT shall not be unreasonably withheld by
~ò: FCT upon sufficient demonstration that the proposed structures,
. ."'. buildings, improvements, signs, vegetation removal or land
., alterations will not adversely impact the natural resources of
the Project site. The approval by FCT of the FCT Recipient's
'.' management plan addressing, the items mentioned herein shall be
:: considered written approval from FCT.
VI. OBLIGATIONS OF THE FCT RECIPIENT
RELATING TO THE USE OF BOND PROCEEDS
1. FCT is authorized by Sections 375.045(4) and
. 380.510(7) (a) and (b), F.S., to impose conditions for funding on
FCT Recipient in order to ensure that the project complies with
". the requirements for the use of Preservation 2000 Bond proceeds
including without limitation, the provisions of the Internal
Revenue Code and the regulations promulgated thereunder as the
same pertain to tax exempt bonds.
'. 2. If the project site is to remain subject, after its
acquisition by the FCT Recipient and/or the Trustees, to any of
·the below listed transactions, events, and circumstances, the FCT
.,:. . Recipient shall provide at least 60 days advance written notice
of any such transactions, events, and circumstances to FCT, and
shall provide to FCT such information with respec~ thereto as FCT
.' reasonably requests in order to evaluate the legal and tax
, consequences of such activity or interest. FCT Recipient agrees
and acknowledges that the following transactions, events, and
circumstances may be disallowed on the Project site as they may
, have negative legal and tax consequences under Florida law and
federal income tax law. The FCT Recipient further agrees and
acknowledges that the following transactions, events, and
circumstances may be allowed up to a certain extent based on
'guidelines or tests outlined in the Federal Private Activity
regulations of the Internal Revenue Service:
a. any sale or lease of any interest in the project
;' . site to any person or organization;
...... b. the operation of any concession on the Project
$ite by any person or organization;
'. c. any sales contract or option to buy things
, .'.. attached to the Project site to be severed from the Project Site,
". with any person or organization;
. , d. any use of the Project site by any person other
than in such person's capacity as a member of the general public;
, . e. any change in the character or use of the Project
site from that use expected at the date of the issuance of any
~eries of bonds from which the disbursement is to be made;
f. a management contract of the Project site with any
·person or organization; or
g. such other activity or interest as may be
. specified from time to time in writing by FCT to the FCT
" ,Recipient.
., The foregoing are collectively referred to as the "Disallowable
Activities."
" VII. DISALLOWABLE ACTIVITIES/REMEDIES
In the event that FCT determines at any time or from time to
time that the FCT Recipient is engaging or allowing others to
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engage in Disallowable Activities on the Project site, the FCT
Recipient agrees to immediately cease or cause the cessation of
· the Disallowable Activity upon receipt of written notice from the
· FCT. To the extent allowed by law, FCT Recipient hereby
indemnifies and agrees to hold FCT harmless from all claims,
. .'. . .. . causes of action or damages of any nature whatsoever arising from
:.. or with respect to Disallowable Activities on th'e Project Site.
~othing herein shall be deemed a waiver of the FCT Recipient's
spvereign immunity. In addition to all other rights and remedies
'at law or in equity, FCT shall have the right to temporary and
permanent injunctions against FCT Recipient for any Disallowable
Activity on the project Site.
: ·DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT
: ..... .... . RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES,
OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT
SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE
. " . RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON
· 'THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO
ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE
CONTRACTING PARTY.
. . VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE
THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN
1. The FCT Recipient shall provide outdoor recreational
.. ' facilities including a nature trail, an interpretive kiosk and a
'. '.: parking area on the Project Site. The facilities shall be
.. developed in a manner that allows the general public reasonable
access for observation and appreciation of the ~ignificant
natural resources on the project site without causing harm to
those resources.
. .
2. The timing and extent of a vegetative survey of
.' vegetative communities and plant species on the Project site
· shall be specified in the management plan. The FCT Recipient
.... shall detail how the survey shall be used during development of
the site to insure the protection, restoration, and preservation
of the natural resources on the Project site.
3. The xeric oak and cabbage palm hammock, mesic flatwoods
and wetland communities that exist on the Project site shall be
. appropriately managed to ensure the long-term .viability of these
vegetative communities.
4. The Project Site shall be managed in a manner that
· optimizes habitat conditions for listed wildlife species that
,'.'. utilize or could potentially utilize the Project Site, including
. . the gopher tortoise and colonial and migratory bird species. The
':FCT Recipient shall coordinate with the Game and Fresh Water Fish
commission and the Nature Conservancy on the management of the
project site for the protection of listed species and listed
species habitat. The FCT Recipient shall also conduct periodic
surveys of listed species using the Project site and develop
informational signs relating to the protection of listed animal
.. species and their habitat.
5. The FCT Recipient shall remove approximately 3.4 acres
of exotic vegetation from the project site and manage this area
to allow for natural succession by native vegetative species.
6. A vegetation analysis of the project Site shall be
· performed to determine which areas of the Project site need a
prescribed burning regime implemented to maintain natural fire-
..dependent vegetative communities. The FCT Recipient shall
. ··coordinate with Division of Forestry and Game and Fres~ Water
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, ~ish cómmission on the development of a prescribed burn plan for
the Project site.
7. Prior to the commencement of any proposed development
,activities, measures will be taken to determine the presence of
any archaeological sites. All planned activities involving known
",archaeological sites or potential site areas shall be closely
coordinated with the Department of state, Division of Historic
, ,Resources, in order to prevent the disturbance of significant
, sites.
8. The FCT Recipient shall ensure that the Project site
" , and listed animal species and their habitat are sUfficiently
buffered from the adverse impacts of adjacent land uses.
9. The FCT Recipient shall coordinate with Atlantic
"communi ty High School to develop and implement environmental
education and scientific research programs related to the natural
, resources on the Project site.
10. Access to the Project site by pedestrians and
bicyclists shall be promoted as an alternative to automobile
access.
11. The FCT Recipient shall remove and restrict all feral
'and domestic animals from the project site.
12. The FCT Recipient shall remove all trash and debris
"from the proj ect site.
13. The requirements imposed by other grant program funds
,that may be sought by the FCT Recipient for activities associated
with the Project site shall not conflict with the terms and
conditions of the FCT award.
"
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This Agreement including Exhibits "B" and "C" embodies the
entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement.
AGREED AND ACCEPTED, this
_ day of , 1994
ATTEST: PALM BEACH COUNTY, FLORIDA
...----..".-v-.--,~-.... -" ~ . .··.'r.·-; ...---"-.-.. Dorothy H. Wilken, Clerk BOARD OF COUNTY COMMISSIONERS
BY: BY:
Deputy Clerk Chair
Date: Date:
(SEAL)
Accepted as to Form and Legal
Sufficiency:
BY:
County Attorney
Date:
CITY OF DELRAY BEACH
ATTEST: As to the City
By: By:
Title: Title:
Date: Date:
Accepted to Legal Form and Sufficiency:
By:
City Attorney
Date:
FLORIDA COMMUNITIES TRUST
Linda Loomis Shelley, Chair
Date:
Accepted as to Form and Legality:
Date:
CAA/94-005-P4A
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EXHIBITB
~
. . .
",f·.. ...
.:~. .:~.
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F]o~!da Communjt)eS T~US1
~anuary 27, ~995
1"...::-. Richard E. Walesky
Direct:.or
Depa-~ent o~ Envi~onmental Resources Division
31~1 South Dixie Highway
Suite 146
Wes~ Pa~ Beach, Florida 33405
RE: Delray Oa.}cs/Pð.lJD Beach county ¡. City of Delray Beach
PeT Project Number: 9-4-005-P4A
Dear 1"4. Walesky:
On .January 12, 1995, the Florida Communities Trust ("FCT")
governing board ranked and selected for funding ce~ain
applications received by the FCT during the Series P4A funding
cycle. The above referenced project application was selected fo~
funding.
P~ior to being selected for funding, the project was included on
tile Prese...-vation 2000 ProgrëUll Approved List o~ Complete
Applications for series P4A Funding Cycle. This list was approved
by FCT ,a~ a public meeting held September 28, 1994.
All FCT project sites '\frill be purchased upon vo1unta=ily negotiated
"'t.e-~ between PCT, the local government and the sel1e~. Once an
application has been placed .on a list of approved' project:S,
decisions maóe by gove......-.zunenta"l autilori ties, such as rezoning,
annexation, extension of water/sewer se...-vices, etc., may have an
effect on the value of the 'projeC"t. site identified in that PCT
applica"t.ion.
In that regard, the staff of the FeT was directed by the governing
board at its .:ranua--y 12, 1995, meet:.ing as follows:
. If by an action initiated by the local gove=nment suhsequen"t
to the t~e the PCT Governing Body adopted the Preservation
2000 ProgrëUll Approved Lisi of Complete Applications for Series
P4A ~ding Cycle, a proj ec"t. site is given an enhanced highes"t.
and best use that would result in a gove~entally àerived
highe= value, the :PCT acquisition ac"t.i vi ties will be ,.
terJIlinated unless the seller agrees that the app~aisal \,till be
done at the highest and best us~ of the project site at the
t~e the FCT Governing Board approved the Prese=vation 2000
'program Approveã Lis~ of Complete Applications for Series P4A
Di:P.'.¡:T.\f:" OF CO.\IMI'X;n- ^FfMR~· :"7~O Cr:-""TE~'Ir\1.·' DRI\'E . TA1..!...~H^S5E!. Fl3:?399-:100· 90-i'9:?:-::?O- . S:':--:Co~: :?9:-~:?C¡-
e
·
January 27, 1995
Page 2 .
This policy is revised from earlier cycles to apply only to actions
initiated by the local government. Previously, the policy applied
to all action, whether initiated by a property owner or the local
government. The governing body recognizes that local governments
must respond to actions requested by property owners and may be
compelled by local government regulations to grant land use changes
that may impact values.
A Conceptual Approval Agreement governing the grant award for the
project will be approved by the FCT governing board at its March
10, 1995, meeting. That agreement will contain language relating
to a governmentally derived higher value.
Please prepare to advise me in writing, at the time you return the
executed Conceptual Approval Agreement, whether any action has been
taken by your local government subsequent to September 28, 1994,
that potentially affects the FCT project site in your jurisdiction,
or if any action has been requested of the local government
concerning the FCT project site.
Sincerely,
Anne Peery
Executive Director
AP:tck
·
EXHIBIT C
FLORIDA COMMU!\1JTIES TRUST
PRESER,r ATION 2000 AJ\1J) ACSC PROGRA1\1S
Technical Assistance Bul1etin: 02
vfriting a Management Plan
The conceptual management plan submitted as a part of a Florida Communities Trust ("FCT") grant
appliC3tion or proposal serves as a basis for the management plan for project sires purchased with
funås from FCT. Marerials and information gathered for the application or proposal can and should
be reflected in the plan where appropriate. Conditions required in the Conceptual Approval
Agreement or Grant Agreement should be incorporated in the management plan. Location map,
boundary map, vegetative surveys, site plans, Conceptual Approval Agreement, the recoråed deed
when it becomes available, and other supporting documents should be incluåed as exhibits or
incluàed in the appenåix of the management plan for future readers. The following general outline
iåentifies the range of issues to be addressed in the management plan, where applicable.
Introduction and General Infonnation
Proviàe a table of contents of the management plan.
Proviàe information incluåing the name of the project, the location of the Pro5ect Sire, and other
general information such asa brief resource åescription, anå historical information relevant to
site management.
Purpose of the Project and Management
Discuss the purpose for acquiring the Project Site and proposed future uses consistent with
s¡arements maåe in the application or proposal. Proviåe a summary of the comprehensive plan
åirecrives that would be furthered by managing the site as proposed. Commitments maåe in the
appiiC3tion or proposal and reinforced by conåitions of the gram funåing must be reflected in
the management pian.._
Identify the principle objectives for managing natural resources and compatible outdoor
recreanon.
Identify 2. procedure to amenå the land use designation to conservation, outdoor re....--reari.on,
open space, or other similar categor)' once the lanå is acquired.
Include provisions to ensure that the. Project Site is iåentiñed in all signs, literature, and
advertising as being publicly owned, open to the public and operated as 2. natural resource
conservation area., outdoor recreation area., or other appropriate descriptive langu2.ge, and
identifxing the Project Site as having been purchased with Íunås from the. FCT and the
Recipient.
Site Development, Improvements and Access
Incorpo:<ite ~ provision for requesting written approval from the FCT before beginning any site
alterations 0; physical improvements not addressed in the FCT 2.pproved man2.gement plan.
0<
·
Physical Improvements: Identify and locate existing and proposed physical improvements to the
Project Site on a master site plan. These might include such things as signs, fences, walkways,
recreational paths, campgrounds, restrooms, educational space, utility corridors, parking areas
and buildings.
Identify any proposed alteration. of land use or character, the approximate area affected and how
this activity will be coordinated with the protection of listed plant and animal species. Identify
any permits or approvals that may be required for the development or restoration work and a
procedure for providing evidence to the FCT prior to the initiation of any activity that all
required licenses and permits have been obtained.
Include the placement of at least on~ sign identifying the Project Site as being open to the
public, purchased with funds from FCT and the Recipient, operated as a natural resource
conservation area, outdoor recreation area, or other appropriate descriptive language.
Access: Identify how access to the Project Site will be provided. For example, are parlång
places proposed on-site, and if so, approximately how many spaces or how much area will be
devoted to this use? If parking is not proposed on-site, are there existing or proposed spaces
adjacent to or sufficiently near the property? Identify any proposed access to waterbodies
including, but not limited to, marinas, docks, boat ramps, fishing piers or viewing platforms and
the approximate size of the facility. Consider providing bike paths to the site and bike racks at
the site to provide an alternative to automobile transportation to the Project Site.
Access to Project Sites should be compatible with all state and federal construction standards,
including the Americans with Disabilities Act.
Easements, concessions, or leases: Ic;ieptify existing and proposed easements, concessions, or
leases. If easements, concessions, or leases are anticipated to be granted on the Project Site,
such proposed arrangements need to be identified. These might include uúlity rights-of-way,
flowage or access easements, recreation or supply concessions, and leases or other instruments
that would allow grazing, timbering, agriculture, or other revenue producing enterprises.
Include a procedure to provide 60 days prior written ·notice and information regarding any lease
of any interest, the operation of any concession, any sale or option, any use other than by a
member of the public, and management contracts of the Project Site with non-governmental
persons or organizations.
Key Management Activities
Maintenance: Identify required maintenance activities, including but not limited to, trash
removal, site cleanup, and facilities upkeep. Identify the entity responsible for property .
maintenance. Identify pr~cedures to ensure that dumping of trash or hazardous material does
not occur on or adjacent to the Project Site. Identify contemplated service contracts with private
concerns such as garbage removal, restroom cleaning, security _guards, etc.
Security: Identify the parties responsible for preventing vandalism, trespassing, and other
property damage. Identify measures to protect the Project Site and the public using the site such
as on-site manager, security guards, neighborhood watch, emergency phones, etc.
- . - . ~
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Staffing: Identify the expected staffing requirements for management of the Project Site
including both permanent and volunteer staff.
Natural resource protection: Identify the natural resources at the Project Site and the issues,
problems, and proposed management techniques associated with protection of those natural
resources. Management techniques should indude, but not be limited to, a baseline survey of
listed plant and animal species, protection of listed plant and animal species, protection of
imperiled or critically imperiled vegetative communities, protection of geological features,
protection of surface water and groundwater quality and hydrology, and prescribed burns.
Identify monitoring activities to insure the continued viability of vegetative communities and
listed species found on the Project Site. The monitoring plan should include periodic surveys
of the vegetative communities, listed plant species, and listed animal species found on the
Project Site. Provide for forwarding survey information on the occurrence of listed plant and
animal species to the Florida Natural Areas l~ventory.
Resour~e restoration and enhancement: Identify the primary components of the Project Site
enhancement and restoration effort, if any. These might include removal of invasive exotic plant
species, removal of feral animals, restoration of wetlands, improvement of surface water quality,
recovery plan for listed species, and restoration of uplands habitat. This section should include
a time frame for implementing and completing the activities and a monitoring program to insure
success of the resource enhancement activities. Identify parts of the property that require
different degrees or types of enhancement management.
Archaeological and historical resource protect.ion: Identify any archaeological or historical sites
on the Project Site and the primary components of managing the archeological or historical sites.
Outline procedures to protect archeological or historical sites that may be identified in the
future. .
Incorporate a provision that if any archaeological· and historic resourGes' are discovered at the
Project Site, the Recipient shall comply with the provisions .~f .Chapter 267, FlO1;rda. Statues.
specifically Sections 267.061 (2)(a) and (b). Provide for coordination with the· Division' of' :
Histo¡:ical Resources, Florida Department of State.
. 'C'oordínation: Explain how the ·management of the. site will be coordinated with other adj~cent.
land" owners and other resource protection agencies: For example, iil the case of. prèsciibeð .
burns, what measures will be used to minimize impacts on nearby residential properties?
Identify measures to protect the Project Site from adjacent off-site activities that might impact
resources on the Project Site such as pesticide spraying on adjacent property, water treatment
facility discharging into creeks flowing through Project Site, etc.
Include provisions to coor~inate with other agencies for appropriate guidance, recommendations,
and necessary permits that may be related to the Project Site, such as the following: the Florida
Game and Fresh Water Fish Commi~sion and U.S. Fish and Vvildlife Service to avoid impacts
to listed species; the Water Management District and Depanment of Environmental Protection
to ensure that development of the Project Site is done in a manner to protect or improve water
quality; the Division of Forestry and the Game and Fresh Water Fish Commission on the
implementation of a prescribed bum program; other local, state, or federal agencies special
management plans, if appropriate.
.
h .
Cost ·Estimate and Funding Source
Identify the estimated costs of the various development and management activities outlined in
the management plan. For review and analysis purposes, the estimated costs should be
separated into the same categories as the identified activities.
Identify the entity that will pay for development and management of the Project Site and some
measure of the commitment or capacity to provide these monies. For example, adequate
personnel and resources in the local parks and recreation department may exist to address the
added burden associated with the Project Site. Identify any citizen organization or non-profit
groups committed to providing services or funding and a measure of commitment or capacity
to provide these services.
Priority Schedule
Identify a proposed time line for implementing the development and management activities of
the management plan based on established priorities and the availability of funds. Provide a
graphic display of the implementation time lines.
Monitoring
Identify' procedures for assessing progress in achieving goals set forth in the management plan
such as the percentage of property restored, inventory of species using the Project Site, etc.
Identify procedures for periodic amendment to the management plan, when appropriate.
Include a provision acknowledging responsibility for preparing an annual stewardship report to
the FCT, due on the anniversary date on which the Project Plan was approved by FCT.
The Florida Communities. Trust 904/922-2207
. 2740 Centerview Drive SunCom 292-2207
Tallahassee, FL 32399-2100
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 7. C - MEETING OF MAY 2, 1995
CONFIDENTIALITY AGREEMENT/DELRAY OAKS (ECOSITE 67)
DATE: April 28, 1995
This is before the Commission to approve a Confidentiality
Agreement among the City, Palm Beach County and Florida Communi-
ties Trust stating that confidentiality will be maintained
regarding appraisals and offers relative to the acquisition of
the Delray Oaks site (Ecosite 67) , to the extent permitted by
Florida Statutes 166.045 (1) (a) .
The Confidentiality Agreement is required by FCT as part of the
Environmentally Sensitive Lands Acquisition Program for the the
Ci ty and County to receive matching funds for the acquisition of
the site. Under the agreement, the parties agree not to disclose
certain information relative to purchase of the site, such as
appraisals and offers.
The City, in partnership with Palm Beach County, submitted a
joint application to FCT for funds under the Preservation 2000
program for acquisition and preservation of the Delray Oaks site.
Matching funds were awarded in the amount of $1,781. 650. The
local portion of funds will come from the County's Environmen-
tally Sensitive Lands bond proceeds.
The City Attorney's office has reviewed the agreement that the
City will be entering into with Florida Communities Trust and
Palm Beach County, and finds them legally sufficient.
Recommend approval of the Confidentiality Agreement, subj ect to
the approval of an interlocal agreement between the City and
County regarding the development and operation of the site.
.
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[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direet Line: (407) 243-7091
DELRA Y BEACH
f l 0 I I D A
......
AI~America City MEMORANDUM
, III I!
DATE: April 26, 1995
1993 TO: City Commission
~~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Conceptual Approval Agreement and Confidentiality Agreement regarding
Delray Oaks
I have reviewed the Conceptual Approval Agreement and the Confidentiality Agreement
that the City will be entering into with Florida Communities Trust and Palm Beach
County and find them legally sufficient.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan A. Ruby, City Attorney
John Walker, Project Coordinator
dofet. rbs
® Printed on Recycled Paper
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: DIANE DOMINGUEZ'~~~NNING & ZONING
FROM: JOHN WALKER, PROJECT COORDINAT~ ¿?I~
SUBJECT: MEETING OF May 2, 1995 ** CONSENT AGENDA **
CONFIDENTIALITY AGREEMENT REGARDING DELRAY OAKS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the Confidentiality Agreement among the City of
Delray Beach, Palm Beach County and Florida Communities
Trust (FCT) stating that confidentiality will be maintained
regarding appraisals and offers relative to the acquisition
of the Delray Oaks site (Ecosite 67).
BACKGROUND:
The City, in partnership with Palm Beach County, submitted a
joint application to FCT for funds under the Preservation 2000
program for acquisition and preservation of the Delray Oaks
site. Matching funds were awarded in the amount of $1,781,650.
The local portion of funds will come from the County's
Environmentally Sensitive Lands bond proceeds. The County is
proceeding with the purchase of the site. Once acquisition is
complete, the City and County will create a management plan,
through an inter local agreement, for the development and
operation of the site.
The Confidentiality Agreement is required by FCT as part of the
Environmentally Sensitive Lands Acquisition Program for the
recipients (the City and County) to receive matching funds for
the acquisition of the site. Under the agreement, the parties
agree not to disclose certain information relative to purchase
of the site, such as appraisals and offers.
RECOMMENDED ACTION:
By motion, approve the Confidentiality Agreement among the City
of Delray Beach, Palm Beach County and Florida Communities Trust
(FCT) stating that confidentiality will be maintained regarding
appraisals and offers relative to the acquisition of the Delray
Oaks site (Ecosite 67) . This approval is subject to the
approval of an interlocal agreement between the City and County
regarding the development and operation of the site.
Attachment:
* Confidentiality Agreement
T:'ad~anc:ed'CCOAKS1_.DOC
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CAN A L I
N DELRAY OAKS PARCEL
PLANNING DEPARTNENT (ECOSITE 67)
C!"TV Dr IJElRA Y BEACH. FL
-- DIGITAl. BASE UAP SYSTEM --
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. Contract No:
FCT Project No: 94-00S-P4A
CONFIDENTIALITY AGREEMENT
This is a confidentiality Agreement ("Agreement") pursuant to Rule
9K-6.010(5), Fl~rida Administrative Code (F.A.C.).
" '
Parties to the Confidentiality Agreement: PALM BEACH COUNTY/C7TY OF
DELRAY BEACH ("FCT Recipient"), a local government within the State
of Florida, and the Florida communities Trust ("FCT"), a
nonregulatory agency within the Department of Community Affairs.
Parcels Covered by this Agreement: This Agreement covers all
parcels identified as part of the project site in FCT application
. ..' . nwnber 94-00S-P4A that was selected for funding and is governed by
..:.' a conceptual Approval Agreement for FCT Project Number
94-00S-P4A/DELRAY OAKS ("project Site").
confidentiality:
a) Pursuant to Rule 9K-6.002(17), F.A.C., the term
. . "Confidential" refers to information that shall not be available
. . for public disclosure or inspection and is exempt from the
. , provisions of section 119.07(1), Florida Statutes (F.S.).
b) The FCT Recipient and its agents shall maintain the
.' confidentiality of all appraisals, offers, and counteroffers as
',' required by section 125.355(1) (a), F.S., for counties, or Section
166.045(1) (a), F.S., for municipalities, and Rule Chapter 9K-6,
F.A.C. The FCT Recipient may disclose such confidential
information only to the individuals listed herein below.
c) Requests to add persons to the disclosure list must be
" made in writing and the FCT Recipient must receive the written
, consent of the FCT Executive Director and execute an Addendum to
the Agreement. All' confidentiality requirements outlined above
shall apply to individuals added to the list.
d) The undersigned board members and staff of the FCT
Recipient ("FCT Recipient") and its agents, if any, agree to
maintain the confidentiality of appraisal information, offers and
counter-offers concerning FCT Project Nwnber 94-00S-P4A, as
'. required by section 125.355 (1) (a), F.S., for counties, or section
166.045 (1) (A), F.S., for municipalities, and Rule Chapter 9K-6,
F.A.C., and by this Confidentiality Agreement between the FCT
.. .' Recipient and FCT.
e) The undersigned certify that they have no legal or
" beneficial interest in the project Site.
., .
Date FCT Recipient Board Member, Signature
Staff or Agent name
. 3/,. , I c¡ r Kathleen M. Brennan
-2\ 1..9 q$" Heidi Juhl
I
. , 3.$9. ZiI$ Ralph Monticello
" ð/Z'f/9tJ Barry A, Smith
3/Z-1¡f9~ Richard E. Waleskv
. t
. . -1/ø / 'IS" John R. Flicker
... I
~, /q~ Maria F. Melchiori
,
CONFID/FCT'94-005-P4A
REV. .2/23/95
.
" .
Laura Robinson
. ,
Georg;e Willson
John Pescatello
Philip Pritchard
.'
David T. Harden
Susan Ruby
"
John Walker
. "
ATTEST: PALM BEACH COUNTY, FLORIDA
Dorthy H. Wilken, Clerk BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chair
Date: Date:
( SEAL)
Accepted as to Form and Legal
Sufficiency:
By: Date:
, , County Attorney
CITY OF DELRAY BEACH
ATTEST: As to the City
By: By:
Title: Title:
Date: Date:
Accepted as to Form and Legal
Sufficiency:
By: Date:
city Attorney
CONFID/FCT*94-005-P4A
REV. 2/23/95
"
·
FLORIDA COMMUNITIES TRUST
By:
Anne Peery, Executive
Director
Date:
Approved as to Form and
Legality:
By:
Ann J. Wild, Trust Council
CONFID/FCT'94-005-P4A
REV. 2123/95
"
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJJt{
SUBJECT: AGENDA ITEM # ?'·D· - MEETING OF MAY 2, 1995
AGREEMENT FOR COMPLETION OF LANDSCAPE IMPROVEMENTS/
SHERWOOD PONTIAC DEALERSHIP
DATE: April 28, 1995
This is before the Commission to approve an agreement with
Sherwood H. Sheehan, Jr. to defer installation of the required
landscape upgrades on the east half of the Sherwood Pontiac
dealership. The request is associated with a major site plan
modification for the dealership, located on the west side of
South Federal Highway, approximately 300' north of Avenue F
(Fladell's Way) .
The applicant is presently preparing plans to modify the east
half of the property (Phase I I) . The modifications will consist
of a proposed used car sales structure, renovations to the
existing showroom and auto repair structures, as well as parking,
landscape and drainage improvements. Upgrading the east half of
the site in conjunction with the body shop construction on the
west half requires the entire site be brought into compliance
with Section 4.4.10(H) (3) of the AC (Automotive Commercial) zone
district, "Compliance Upon Expansion of Building Area".
At its meeting of February 22, 1995, the Site Plan Review and
Appearance Board approved a major site plan modification, on the
condition that an agreement be executed for the required
landscape improvements on the eastern portion of the site, in a
form that is acceptable to City Attorney, and is an amount
acceptable to the City Horticulturist, Nancy Davila. A landscape
agreement has been submitted which addresses this condition.
The City Attorney has reviewed the agreement as to legal suffi-
ciency and form, and determined that the agreement is acceptable
for execution.
Recommend approval of the landscape agreement for Sherwood
Pontiac to defer the installation of required landscaping on the
eastern portion of the property.
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C I T Y COM MIS S ION DOC U M E.N TAT ION
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4
RECEIVED
TO: DAVID T. HARDEN, CITY MANAGER
.----........ APR 2 5 1995
'.
THRU: CTOR '. CiTY MiH~Þ~Cf~q, "!J-! it):
G AND ZONING ~ I
~, I
FROM:
SUBJECT: MEETING OF MAY 2, 1995 ** CONSENT AGENDA **
APPROVAL OF A LANDSCAPE AGREEMENT FOR SHERWOOD PONTIAC
DEALERSHIP TO DEFER THE INSTALLATION OF REQUIRED
LANDSCAPE UPGRADES.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a landscape agreement between the City and
Sherwood Sheehan (Sherwood Pontiac) to defer the
installation of the required landscape upgrades on the east
half of the Sherwood Pontiac dealership.
The request is associated with a major site plan
modification for the Sherwood Pontiac dealership. The
subject property is located on the west side of South
Federal Highway, approximately 300' north of Avenue F
(Fladell's Way).
BACKGROUND:
The development proposal involves the construction of a 12,600
sq. ft. body shop along with parking and landscaping improvements
on the west half of the existing Sherwood Pontiac dealership
site. As the proposed building represents an overall increase
of more than 30% of the total building area, the entire site is
required to be brought into compliance with the standards and
supplemental regulations of the AC (Automotive Commercial) zone
district [ref. Section 4.4.10(H)(3) (Compliance upon Expansion
of Building Area)].
The applicant is presently preparing plans to modify the east
half of the property (Phase II). The modifications will consist
of a proposed used car sales structure, renovations to the
existing showroom and auto repair structures as well as parking,
landscape and drainage improvements. Upgrading the east half of
the site in conjunction with the body shop will result in the
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City Commission Documentation
Meeting of May 2, 1995
Sherwood Pontiac Landscape Agreement
PAge 2
removal or relocation of improvements once the plans for the
east half of the property are implemented. Therefore, the
applicant would like to postpone total site upgrades to a later
date. As the Phase II improvements are not guaranteed, the City
needs assurance that some landscape upgrades would occur on the
east half of the property. Therefore, an agreement is to be
executed between the property owner and the City regarding the
installation of landscaping which includes an irrevocable letter
of credit for landscape improvements. Per the agreement, all
required landscaping improvements are to be completed and
installed within one year and 10 months .
At its meeting of February 22, 1995, the SPRAB (Site Plan Review
and Appearance Board) approved a major site plan modification
for Sherwood Pontiac. A condition of approval was that an
agreement be executed for the required landscape improvements on
the eastern portion of the site, in a form that is acceptable to
the City Attorney, and is an amount acceptable to the City
Horticulturist. A landscape agreement has be submitted which
addresses this condition.
REVIEW BY OTHERS:
City Attorney's Office
The City Attorney has reviewed the agreement with respect to
legal sufficiency and form, and determined that the agreement is
acceptable for execution.
RECOMMENDED ACTION:
By motion, approve the landscape agreement for Sherwood Pontiac
to defer the installation of required landscaping on the eastern
portion of the property.
Attachment: Landscape Agreement
T:CCSHER.DOC
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AGREEMENT FOR
COMPLETION OF LANDSCAPING IMPROVEMENTS
THIS AGREEMENT entered into this day of May, 1995 between the City of
Delray Beach (hereinafter the City) and Sherwood H. Sheehan, Jr., Trustee (hereinafter the
Owner), for the purpose of assuring the City that the Owner will complete the landscaping
improvements as required by the City of Delray.
WHEREAS, Owner has applied to the City Site Plan Review and Appearance Board
("SPRABtt) for: site plan approval, ~nd
WHEREAS, City requirements f0T landscaping require that the Owner upgrade not
only the specific area where the new building will be constructed but also to upgrade the
remainder of the site. and
WHEREAS, the Owner has agreed to do the landscaping upgrade within the time
frame set forth in this Agreement, and
WHEREAS, the City -has requested security from the Oy¡ner to assure that the
landscaping upgrade to the "remainder "of the site will "be completed.
WITNESSETH
NOWTHERE~ORE, for one dollar and other'goòd and valuable oonsideration, the
receipt and sufficiency of which is her~by acknowledged by the parties, they agree as follows:
1- The Owner has furnished the City the original of irrevocable letter of Credit No. _
_ issued by , in the amount of $30,000.00.
2. The funds available under the above referred to irrevocable letter of credit are allocated
as follows:
1
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a) $30,000.00 for the construction and installation of all landscaping
improvements as called for to be completed in accordance with the ordinance requirements of
the City of Delray Beach in effect on the date this agreement has been executed by both
parties. All required landscaping improvements are to be completed and installed within a
period of not more than two years from the date of this Agreement. In the event that
satisfactory progress towards completion is not being made in the judgment of the City
Engineer to assure completion within the above referred to period, the City is authorized to
complete the required landscaping improvements by making a demand on the above referred
to irrevocable letter of credit and using the funds obtained therefrom to complete the
landscaping improvements. The City may make a demand on the irrevocable letter of credit
by notifying the issuer of the irrevocable letter of credit at any time within thirty (30) days of
the expiration of the two year period specified in the agreement. Such notice shall be in
writing, and shall state that such notice is in respect to "Irrevocable Letter of Credit No.
_ ", state the amount to be drawn hereunder, and state that the Owner is in breach of the
agreement. Any payment hereunder shall be made to the City within five (5) banking days
after notice has been given to the issuer. Howeve.r, it is understood that no demand will be
made on the above-referenced irrevocable letter of credit for the completion of improvements
until such time as the Owner has been given a thirty day notice in writing specifying in what
regards satisfactory progress towards completion is not being made. In the event that this
deficiency is cured within the thirty day period no demand will be made on the irrevocable
letter of credit.
Notwithstanding, the above thirty day notice requirement in. the event that all
2
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required landscaping improvements have not been completely and satisfactorily installed after
the expiration of one year and ten months from the date of this Agreement the City without
notice to the Owner may make a demand or demands on the irrevocable letter of credit in an
amount sufficient to satisfactorily complete the landscaping improvements.
In the event that the amount remaining under the irrevocable letter of credit is
insufficient to complete the landscaping improvements, the Owner will upon demand furnish
such additional funds as are necessary to fully and completely install the landscaping
improvements.
In the event that there is a surplus remaining after the City's completion of installation
of the required landscaping improvements the City shall remit or release this amount to the
Owner.
3. If upon proper presentment the above referenced irrevocable letter of credit is
dishonored, the Owner shall be liable to the City in the full amount which may be due under
the irrevocable letter of credit for the completion of landscaping improvements. In addition,
in the event that the City must take steps to collect under the irrevocable letter of credit
and/ or from the Owner because of dishonor of the irrevocable letter of credit (upon proper
presentment), the 'Owner will pay all attorneys' fees, collection costs, court costs and other
expenses incurred by the City in its efforts to collect the amount due. Further, it is
understood that the irrevocable letter of credit shall secure in addition to the construction
costs of the landscaping improvements, all of the aforementioned costs which may be incurred
by the City.
4. The bank that will be issuing the irrevocable letter of credit must be located in Palm
3
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Beach County or have a branch office in Palm Beach County that is able to accept
presentment of the irrevocable letter of credit.
5. The irrevocable letter of credit will be nontransferable and nonassignable by the issuer
and by the parties to this Agreement. After the landscaping improvements have been installed
and approved by the City, the City shall, if any funds remain undrawn, return the
irrevocable letter of credit to the issuer. Also, in the event that the City has in its possession
funds which have been drawn on the irrevocable letter of credit which constitute a surplus
(not needed to actually pay for installation of the required landscaping improvements) the
City shall remit these funds to the Owner.
7Z~1~~
Print Name: }loger(; S"nerson \.. Sherwood H. Sheehan, Jr., Trustee
~~#'~ 2400 S. Federal Highway
Delray Beach, Fl33447
nnt Name: Donna ù·dbetteT
City of Delray Beach
Attest: By:
City Clerk
Approved as to legal sufficiency and form:
City Attorney
4
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this J ð day of March,
1995 by Sherwood H. Sheehan, Jr., who is personally wn to me an did not take an oath.
Signatu e of Person Taking
Acknowledgment
1( ¿J f èi'- (;.-., ~ kN f\-
Name of Acknowledger Typed,
Printed or Stamped
or ~ Q. 8ABER8IJN
MY ~cc t4fØ EXPIRES
25. 1995
AIM II8UfWICE, INC.
Senal Number, if any
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
March, 1995 by (name of officer or agent,
title of officer or agent), of (name of
corporation acknowledging), a (state or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me
or has produced identification (type of
identification) as identification and did (did not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
5
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!lJV(
SUBJECT: AGENDA ITEM # g. E . - MEETING OF MAY 2, 1995
CHANGE ORDER NO. 1 AND FINAL PAYMENT/RPM GENERAL
CONTRACTORS, INC.
DATE: April 28, 1995
This is before the Commission to approve Change Order No. 1 in
the amount of $3,959.81 and request for final payment in the
amount of $15,919.22 to RPM General Contractors for completion of
the water treatment plant laboratory expansion project.
The work has been completed and all close-out items required in
the contract documents have been received by the City and are in
proper order. Funding in the amount of $15,919.22 is available
from Water Treatment Plant Expansion (Account No. 441-5161-536-
63.41.).
Recommend approval of Change Order No. 1 and final payment to RPM
General Contractors, Inc.
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Agenda Item No. ~.t:.
AGENDA REQUEST
Date: April 25, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: May 2, 1995
Description of item (who, what, where, how much): Staff request
City Commission approve Change Order #1 in the amount of $3,959.81
and Final Payment in the amount of 15,919.22 to RPM General
Contractors for their work at the Water Treatment Plant -
Laboratory Modifications Project. The Final Payment includes
Change Order # 1 . Funding is available in Account #441-5161-536-
63.41.
ORDINANCE/RESOLUTION REQUIRED: Not required
Recommendation: Staff recommends approval of Change Order #1 and
Final Payment to RPM General Contractors in the amount of
$15,919.22 for their work at the Water Treatment Plant - Laborator
Modification Project.
Department head signature:
Determination of Consistency wi th Comprehensive Plan:
Ci ty Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding available: E VNO
Funding alternativ s (~PliCable)
~countNO. &Des~ti~-Slú>l-~.~p.-~ ~MI1r'LAB ~
count Balance ? SI
.
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9467\agreq502
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ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: José AgUila~
Asst. Const ction Manager
Date: April 25, 1995
Subject: AGENDA REQUEST
Water Treatment Plant - Laboratory Modifications
Project No. 94-67
. . . . . . . . . . . . . . . · · · · · · · · · · · · · . . . . .
Attached is a request for City Commission approval of Change Order
#1 and Final Payment Request to RPM General Contractors,Inc for
their work at the Water Treatment Plant - Laboratory Modifications
Project. The work has been completed and all close-out items
required in the contract documents have been received by the City,
and are in proper order.
Change Order #1 consists of the following items:
1. Repair concrete slab The new laboratory areas were to
receive a vinyl floor tile in areas previously with a
ceramic tile. Once removed, the floor surface was worse
than anticipated, and needed a leveling course applied
prior to the placement of new vinyl tile.
Cost for this work · · · · · · · · · · · · · $1,441.68
2. Electric room tile The existing floor in the downstairs
lounge, in the area of the electric switch gear room, had
a torn and overused sheet vinyl which was replaced to
match the base contract for the lounge.
Cost for this work · · · · · · · · · · · · · $ 299.22
3. Painting The base contract called for only the new areas
to be painted as part of the modifications. This cost
was to have the rest of the second floor painted to match
the new work.
Cost for this work · · · · · · · · · · · · · $ 600.00
4. Water heater The base contract called for the contractor
to provide a connection to the existing hot water lines
for the new lounge sink. This line was not available and
an in-line water heater system was used in place. A
credit was provided in the cost adjustment.
Cost for this work · · · · · · · · · · · · · $ 255.73
.
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5. Fresh air intake The laboratory personnel requested
additional fresh air provisions to allow for air exchange
of laboratory polluted air. This line was added to the
new air conditioning system.
Cost for this work . . . . . . . . . . . . . $1,363.18
Total cost for Change Order #1 . . . . . . . . . . . . $3,959.81
With this Change Order approved, the Final Payment due the general
contractor is $15,919.22. runding is available in Account #441-
5161-536-63.41.
I have attached a Contractors Evaluation Report for your review.
cc: William Greenwood
File 94-67 (A)
\esd\9467\agmemS02
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. ONE PROJECT NO. 94-67 DATE: April 17, 1995
PROJECT TITLE: Water Treatment Plant - Laboratory Modifications
TO CONTRACTOR: RPM General 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: Provide all labor, material and installation
necessary for the items listed on attached Schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $46,999.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $46,999.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 3,959.81
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $50,958.81
PER CENT INCREASE THIS CHANGE ORDER 8.42 %
TOTAL PER CENT INCREASE TO DATE 8.42 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE ~ CALENDAR DAYS TO 4/14/95
date
CERTIFIED STATEMENT: I hereby certify that the supporting cost
data included is, in my considered opinion,
accurate; that the prices quoted are fair
a~reasonable and in proper ratio to the
cost" of th original work contracted for
und e t competitive bidding.
SIGNATURE (ARCHITECT/ENGINEER)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services 441-5161-536-63.41
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\9467\co1
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SCHEDULE "A"
1. Repair floor to receive new VCT tile . · · · · · · $1,441.68
2. Add VCT in electric room . · · · · · · · · · · · · $ 299.22
3. Additional painting to existing lab area . · · · · $ 600.00
4. Provide in line water heater . · · · · · · · · · · $ 255.73
5. Add fresh air intake line · · · · · · · · · · · · $1,363.18
Total Change Order #1 . . · · · · · · · · · · · · $3,959.81
Total Contract extension . · · · · · · · · · Eight (8) Days
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R PM GENERAL CONTRACTORS, INC. GENEAALCONTRACTOR
CGC037314
415 N.E. 28th COURT. SUITE 200 (305) 785-8900
POMPANO BEACH. FL 33064 FAX (305) 785-4070
DATE 04/18/95
REF: PAY REQUEST # FINAL (3RD)
WATER TREATMENT PLANT ~AB MODIFICATIONS
PROJECT: 94-67
ACCT: # 44151615366341
P.O. # 534355
CONTRACT SUM $46,999.00
NET CHANGE ORDERS $3,959.81
CONTRACT -SUM TO DATE $50,958.81
TOTAL COMPLETED & STORED TO DATE $50,958.81
RETAINAGE 10.00% $0.00
TOTAL EARNED LESS RETAINAGE $50,958.81
LESS PREVIOUS PAYMENTS $35,039.59
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CURRENT PAYMENT DUE $15,919.22
BALANCE TO FINISH, PLUS RETAINAGE $0.00
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. Commercial and Medical · Construction 'Management · Planning and Design
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A DOCUKENT G703 APP~ICATION FOR PAYMENT PAGE 1 of 1
FOR: CITY OF DE~RAY 8EACH APP~ICATION NO FINAL (3rdl
APPLICATION DATE 18-Apr-95
PERIOD TO 18-Apr-95
ARCHITECT'S PROJECT NO. 9(-67
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A 8 C D E F G H I
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(--- WORK COKPLETED ---) TOTAL PCT 8ALANCE
o NAME VALUE PREVIOUS CUUENT STORED COMPLETED \ TO FINISH RETAINAGE
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1 M08ILIZATION 2,500.00 2,500.00 2,500.00 100\ 0.00 0.00
2 BOND 1,156.00 1,156.00 1.156.00 100\ 0.00 0.00
3 GENERAL CONDITIONS 6,300.00 3,856.88 l,H3.12 6,300.00 100\ 0.00 0.00
~ DEKOLITION-RßMOVE FLOOR 2,H2.00 2,3'2.00 1,H2.00 100\ 0.00 0,00
00 REMOVE WALLS 550.00 550.00 550.00 100\ 0.00 0.00
00 REMOVE CEILIN~ '50.00 ~50.00 '50.00 100\ 0,00 0.00
7 ROUGH CARPENTRY 973.00 700.00 273.00 973.00 100\ 0.00 0.00
8 CAULKING 50.00 50.00 50,00 100\ 0.00 0,00
9 FINISH CARPENTRY 1,600.00 1.600.00 1,600.00 100\ 0.00 0.00
10 INSTALL OWNER EQUIPKENT 76~.00 300.00 '6'.00 76~.00 100\ 0.00 0.00
11 ROOF PATCH 150.00 150.00 150.00 100\ 0.00 0.00
12 DOOR/FRAMES 633.00 633.00 633.00 100\ 0.00 0.00
13 HARDWARE HO.OO 100.00 140.00 HO.OO 100\ 0.00 0.00
l' WINDOWS 150.00 150.00 150.00 100\ 0.00 0.00
15 METAL STUD 1,215.00 1,215.00 1,215.00 100\ 0.00 0,00
16 INSULATION 158.00 158.00 158.00 100\ 0.00 0.00
17 DRYWALL 1,030.00 1,030,00 1,030,00 100\ 0.00 0,00
18 VCT 1,287.00 1,287.00 1,287.00 100\ 0.00 0.00
19 ACCOUNTIC CEIL-GRID/LAYIN TIE 731.00 300.00 H1.00 731.00 100\ 0,00 0.00
20 PAINTING « WALLCOVERING 1,325.00 800.00 525.00 1,325.00 100\ 0.00 0.00
H HHC-UNITS 6,250.00 6,250.00 6,250.00 100\ 0.00 0.00
25 DUCT 800,00 600.00 200.00 800.00 100\ 0.00 0.00
26 GRILLS 650.00 250.00 ~OO.OO 650.00 100\ 0.00 0.00
27 PLUKBING-DEKOLITIOH 600.00 600.00 600.00 100\ 0.00 0.00
/8 ROUGH 750.00 750.00 750.00 100\ 0.00 0.00
/9 TRIM ~50.00 0.00 ~50.00 450.00 100\ 0.00 0.00
)0 GAS PIPING 10,200.00 8,500,00 1,700.00 10,100.00 100\ 0.00 0,00
11 ELECTRIC-DEMO 655,00 655.00 655.00 100\ 0.00 0.00
12 ELECTRIC-DEMWALLS 1,200.00 800.00 ~OO.OO 1,200.00 100\ 0.00 0.00
\3 ELECTRIC-CEILIHG 740.00 250.00 HO.OO 740.00 100\ 0.00 0.00
14 ELECTRIC-DISCONNECTS 600.00 600.00 600.00 100\ 0.00 0.00
15 LIGHT FIXTURES 500.00 500.00 500.00 100\ 0.00 0.00
16 FLOAT 2ND FLOOR IH1.68 IH1.68 1,441.68 100\ 0.00 0.00
:7 VCT . ELECTRIC 100M 299.22 299.22 199.22 100\ 0.00 0.00
:8 PAINT EXISTING LA8 600.00 600.00 600.00 100\ 0.00 0.00
9 IHSTALL INSTANT HOT . LOURGE 255.73 255.73 255.73 100\ 0.00 0.00
0 1363.18 1363.18 l.363.18 100\ 0.00 0,00
1 TOTAL CHANGE ORDER' 1 3959.81
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TOTAL PAGE ONE 50,958.81 38,932.88 12,025.93 0.00 50,958.81 100\ 0.00 0.00
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # g'.F. - MEETING OF MAY 2, 1995
CHANGE ORDER NO. 2 AND FINAL PAYMENT/DIPOMPEO
CONSTRUCTION CORPORATION
DATE: April 28, 1995
This is before the Commission to consider add Change Order No. 2
in the amount of $924.38 and request for final payment in the
amount of $32,833.09 to DiPompeo Construction Corporation for
completion of the Veterans Park Phase II project.
Change Order No. 2 includes several credits to the City for
deleted work, as well as additional cost for conduits, electrical
and surveying work. Funding in the amount of $18,675.09 is
available from 441-5161-536-63.90, and $14,158.00 from 225-4126-
572-61.63.
The work is complete and all the close-out documents have been
received by the City and are in good order.
Recommend approval of Change Order No. 2 and Final Payment to
DiPompeo Construction Corporation.
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Agenda Item No. ~·F·
AGENDA REQUEST
Date: April 20, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: May 2, 1995
Description of item (who, what, where, how much): Staff request
City Commission approve Chanqe Order #2 in the amount of $924.38
and Final Payment in the amount of $32,833.09 to DiPompeo
Construction for their work at Veterans Park - Phase II. Fundinq
is available in Account #441-5161-536-63.90
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends approval of Chanqe Order #2 and
Final Pa ment to DiPom eo for their work at Veterans
Park - Phase II.
Department head signature: ~.. ~ k zAIfs
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 ~ +->~ LA/', - Prtrt:
Account No. & Description -5/ 61 90
Account Balance .,. If LJ
l{1"J-~1 ~ 5>
City Manager Review: 6' [7'L I
Approved for agenda: YE~)/NO
Hold Until: /
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9457\agreq502
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ENVIRONMENTAL SERVICES DEPARTMENT APR 2 5 1995
MEMORANDUM CIiY MI!"'!;; , "Hi,"
To: David T. Harden - ,. .. . ~ ~
City Manager
From: José AgUila~
Asst. Const tion Manager
Date: April 20, 1995
Subject: AGENDA REQUEST
Veterans Park - Phase II
Project No. 94-57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attached is a request for City Commission approval of Change Order
#2 and Final Payment Request to DiPompeo Construction Corporation
for their work at Veterans Park - Phase II project. The work is
complete and all the close-out documents have been received by the
City and are in good order.
Change Order #2 includes several credits to the City for deleted
work, as well as additional cost for conduits, electrical and
surveying work associated with the project. The total increase
amount for Change Order #2 is $924.38.
With the approval of Change Order #2, the Final Payment Due the
Contractor will be $32,833.09. Funding is available from Account
#441-5161-536-63.90.
I have attached a Contractor Evaluation Report for your review.
cc: William Greenwood
Joe Weldon
File 94-57 (A)
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. Two - Final PROJECT NO.94-57 DATE:April 19, 1995
PROJECT TITLE: Veterans Park - Phase II
TO CONTRACTOR:DiPompeo Construction Corporation
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: Provide labor, material and equipment as necessary
for the items listed in the attached Request for Chanqe and provide
for the listed credits.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $300,700.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 18,387.09
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $319,087.09
COST OF CONSTRUCTION CHANGES THIS ORDER $ 924.38
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $320,011.47
PER CENT INCREASE THIS CHANGE ORDER 0.31 %
TOTAL PER CENT INCREASE TO DATE 6.42 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO 4/16/95
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
cost of the original work contracted for
under ~n~itive bidding.
) SIGNATURE (ARCHITECT)
BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Service 441-5161-536-63.90
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
RECOMMEND: ~~ ~ By its City Commission
By:
ENGINEER/DIRECTOR MAYOR
ATTEST:
APPROVED: By:
City Attorney City Clerk
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Project No. 94-57 DIPompeo Construction Corp.
Vet_an. PIIIiC Pha.. II 7522 WILES RD. I CORAl. SPRINGS. F1.. 3:IOST
1102 N.E. 1.. S~t OMce ~05)345-51oo Fax (305}34509970
D"ray B_. Fl. 3:1483
Oa.. : ADliI 4. 1995
Requ_t tor Change Ord_ ¡¡Z , Final
ITEM REQUEST FOR CHANGE ORDER MEASURED MEASURED COST COST EXTENDED
No. COST BREAKDOWN QUANTITY UNITS UNIT PRICE UNIT PRICE
. CJ:1EDITS :
1. <CNàIt> fw eon-.. FormWOrlt Md Reintolclng S.... far tile O"ltIon of (1)
Pi..... ..1M .-w -. . 1 c.Y. 1 so.oo - ($15CLOO)
2- <CNàIt> fw (1):r G.W. Royat...... 1 EaaII 2so.oo (þ5Q.QO)
3. <CNoIIÞ _ (8).LJrMpe IIu-ni S EMIl 2.00 ($18.00)
4. <CNoIIÞ _ ø.1ItIn9....... ~ as E....n 1.00 (S295.OO) !
50 <CNàIt> fw 11Ie PIIW Fdrio ... Grawi IMddlng .. 0...... PI_ 1 c.Y. 25.00 ($Z5.OO) !
;
L <CNàIt> fw 1IIe D....aon of GIa.... Md FlI_ FaDrIo *-g R....ning Wall 8 c.Y. 25.00 ($150.00) r
I
7. <CNàIt> fw ElectrI_ J.B. Conduit fD Planw far Fuuø. Ugtlttng 20 Ln.Ft. 3.00 ($10.00)
L <CNàIt> fw not In....lng P.-. along S_ waU ,. 90"1.. :II SOW. ,. 720 Sq.FT. 0.70 ($S04.00)
9. <CNàIt> fw Not 1,....11"9 (2) UglIt Po'" by 1IIe W.I 3 Hours 27.50 ($82.5CI)
<Creita>
Sub-TOTAL ,. 11'I.532.S0'
. ~
1. 120" 0' (2) r Conduit far SoutlMm B..I
SO" of (11 ,- Conduit 101' Soulft.,., S"I
R..RouUng 0' (1) p..viou..y in~leci Conduit tor South.m Sell 1 LS. 900.00 $900.00
2- Addltlonel ~ui"" wiring II'om III. Founc.in Equipment Pit fD 1ft. Fountain 1 LS. sao.51 ssao.a1
3. Addltl_ Surv.ying lime ~ui"" do to d......c.nci.. on Plana 1 LS. 832.50 SII32.SO
AcId
Sub-TOTAL ,. S2.31:U1 I
¡
NOTES: Total Add Sub-Total S7ao.a1
THIS PROPOSAL INC1.UDES ONLY THE WORK SPECIFlCAL1. Y H~EON. ,
1.
5'J1o OvwM_d 139.04
Sub- Total sa1'.55
10 'JIo Profit sa1.99 1
Sub- Total $901.54
2.5 'JIo Bond $22..55
Total $924.3& I
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·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # g. G. - MEETING OF MAY 2, 1995
FINAL PAYMENT/PALM BEACH COUNTY
DATE: April 28, 1995
This is before the Commission to approve net final deduct in the
amount of $12,555 and final payment in the amount of $10,845 to
Palm Beach County for construction of improvements to the
intersection of Military Trail and Linton Boulevard. The work
entailed installation of that portion of the Morikami Wellfield
24" raw water main and School Site "S" eight inch sewer force
main within the project limits.
Recommend approval of final payment of $10,845 to Palm Beach
County, with funding from Water and Sewer Bond - Morikami
Wellfield (Account No. 440-5179-536-63.61) .
,
.
, . ...
..
Agenda Item No. ~).G
AGENDA REQUEST
Date: 04/25/95
Request to be placed on:
XX Regular Agenda
-- Special Agenda
Workshop Agenda When: 05/02/95
Description of item (who, what, where, how much) : Staff requests
Commission approval of final payment to Palm Beach County in the amount
of $10,845.00 for installation of a 24" raw water main and 8" sewer force
main in conjunction with County improvements to the intersection of
Linton Boulevard and Military Trail. Total approved cost to Delray is
$241,285.00. Total invoices including final are $228,730.00 for a net
final deduct of $12,555.00. Funding is from account #440-5179-536-63.61,
1993 W&S Bond, Morikami Wellfield, paid from P.O. #530080.
ORDINANCE/RESOLUTION REQUIRED: ý~$/NO DRAFT ATTACHED ý~$/NO
Recommendation: Staff recommends approval of final payment to Palm Beach
County. 42 ~
DEPARTMENT HEAD SIGNATURE, a . .. . . f/ZS/fts
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 Y "NO
Funding alternatives (if applicable)
Account No. & Description 'tYO-,Ç171-.8,(--1.3.¿ / ( W/rìèe. I+tvf)~ej¿ PHy i:w\/ l~ft1øtl~_
Account Balance ÎZ3, I.fDf). lie· ) ,ç, MI/<4/'1')' 1Vt-Ì-Ú
,
City Manager Review: ~ '1('>?/~J
Approved for agenda: @S/NO fJ-/ I
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
.
-
~
--, E t"-'U . V r" '-,
(~~ - \.j t:.: ; ~,: !.¿)
APR 2 7 1995
CiTY fvii;", -;', nFfICC
.
MEMORANDUM
TO: David T. Harden
City Manager (ýÂ
FROM: Richard C. Hasko,
P.E.
Deputy Director of Public Utilities
SUBJECT: JOINT PROJECT FUNDING AGREEMENT
MILITARY TRAIL/LINTON BOULEVARD
INTERSECTION; PN 93-032.1
DATE: April 25, 1995
Attached is a final invoice from Palm Beach County in the
amount of $10,845.00 for construction of improvements to the
intersection of Military Trail and Linton Boulevard. Delray
Beach participation in this joint project consisted of the
installation of that portion of the Morikami Wellfield 24"
raw water main and School Site "S" 8" sewer force main
within the project limits. Delray's total share of the
construction cost as previously approved by City Commission
is $241,285.00. Invoices, including this final request,
total $228,730.00 for a net final deduct amount of
$12,555.00.
PaYment of the final invoice will be made from P.O. #530080
funded by account #440-5179-536-63.61, 1993 W&S Bond,
Morikami Park Wellfield.
RCH: jem
c: William H. Greenwood
Howard Wight
f: 93-032.1 (D)
" ,
.
. ...
. " " f. ~?,0ùbO
Board of County Commissioners .l) , , Ic7 ...li~."1 County Administrator
...- 1~ ' /?'
Ken L. Foster, Chairman M tI- 4~0 -?' Robert Weisman
Burt Aaronson, Vice Chairman ( - 1
Karen T. Marcus {"ù7z"
Carol A. Roberts f~ Department of Engineering
Warren H. Newell and Public Works
Mary McCarty
Maude Ford Lee
April 10, 1995
City of Delray Beach ~~~
434 South Swinton Avenue
Delray Beach, Florida 33444 '-\' 2,.;)
Attention: Mr. Richard C. Hasko, P.E. Deputy Director of utilities
RE: Joint project funding agreement
Linton Blvd. and Military Trail
Invoice number: 93109-004
Gentlemen:
Please consider this a request for payment for expenses incurred
during the ·period November 30, 1994 through January 19, 1995 for
work on the above project.
Work through January 19, 1995 $ 228,730.00/
Less previous payments $ 217,885.00
Total currently due $ 10,845.00
Please draft a warrant in the amount of $10,845.00 payable to the
Board of County Commissioners and forward to:
Cashier
Engineering and Public Works Dept.
P. o. Box 21229
West Palm Beach, Florida 33416
Sincerely,
~G.k
Evelyn Allen, Director
Administrative Services
attachments
cc: Cashier (acct numb = 360-361-0388-6994)
"An Equal Opportunity - Affirmative Action Employd'
@ printed on recycled paps, Box 21229 West Palm Beach, Florida 33416·1229 (407) 684-4000
-
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # f· JI - MEETING OF MAY 2, 1995
SERVICE AUTHORIZATION NO. l/PROFESSIONAL ENGINEERING
CONSULTANTS, INC.
DATE: APRIL 28, 1995
This is before the Commission to approve Service Authorization
No. 1 in the amount of $32,691 to Professional Engineering
Consultants, Inc. for services in conjuction with the preparation
of a feasibility study regarding a proposed reuse facility
serving the barrier island.
This service authorization includes evaluation of alternative
sites for the facility, potential customer base, treatment
requirements, system hydraulic analysis, capital and operation/
maintenance cost opinions, funding al ternati ves, and potential
revenue analysis.
Recommend approval of the agreement for General Civil/Sanitary
Services and Service Authorization No. 1 for Professional
Engineering Corporation, Inc., with funding from Water and Sewer
Engineering/Architect Services (Account No. 441-5142-536-31.30).
.
.
Agenda Item No. fl·ll
AGENDA REQUEST
Date: 04/27/95
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 05/02/95
Description of item (who, what, where, how much): Staff requests
Commission approval of an Agreement for General Civil/Sanitary Consulting
Engineering Services, as amended, with Professional Engineering
Consultants, Inc. and Service Authorization #1 in the amount of
$32,691.00 for preparation of a feasibility study regarding a proposed
reuse facility serving the barrier island. The general agreement
contains an addendum by the consultant on P. 27 regarding
Indemnification. Funding for service authorization #1 is proposed from
account #441-5111 ~J6 31.30, W&S ~iI~., Engineering/Arch. ~udgct
..b~H~[er 44{:91i~.3/-?O ~wA6ËT¡ZtA1MØJr
ORDINANCE/RES LUTION REQUIRED: ý~$/NO DRAFT ATTACHED ý~$/NO
Recommendation: Staff recommends for General
Civil/Sanitary Services and servi e Professional
Engineering Corporation, In
DEPARTMENT HEAD SIGNATURE: 5
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 alternati es
Account No. & Descri ti n
Account Bal~e
City Manager Review~ ~
Approved for agenda: ~/NO [7'" )
Hold Until: ~ .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
·
..........-.......--.......- '......~.
'.. ... ..............-."'.....,..-...-.'--.... -
RECFi\lFí-¡
APR 2 ß IYY5
CITY MANAGER'S OFFICE
__ e.__O· ... ~
MEMORANDUM j
TO: David T. Harden
City Manager P.E~
FROM: Richard C. Hasko,
Deputy Director of Public Utilities
SUBJECT: PROFESSIONAL ENGINEERING CONSULTANTS, INC.
AGREEMENT FOR GENERAL CIVIL/SANITARY
CONSULTING SERVICES WITH SERVICE AUTHORIZATION
#1 FOR BARRIER ISLAND REUSE FEASIBILITY STUDY;
PN 95-043
DATE: April 27, 1995
Attached is an agenda request with a copy of an agreement
for General Civil/Sanitary Consulting Engineering Services
with Professional Engineering Consultants, Inc. and Service
Authorization #1 to that agreement for preparation of a
feasibility study regarding a proposed reuse facility
serving the barrier island area. This service authorization
is in the amount of $32,691.00 and includes evaluation of
alternative sites for a reuse facility, potential customer
base, treatment requirements, system hydraulic analysis,
capital and operation/maintenance cost opinions, funding
alternatives and potential revenue analysis. Funding for
this study is proposed from account #441-5111-536-31.30, W&S
Admin. , Engineering/Architect (budget transfer attached) .
It should be noted that the consultant has added language to
the City's standard contract for clarification of Section
1X.R, Indemnification (p. 27 ) as follows:
I1The above indemnification and hold harmless provisions
shall not be interpreted as requiring the Consultant to
indemnify and hold harmless the City or City's
contractors for negligence of City or City's
contractors. 11
We find no adverse implications for the City in the added
language, however, the City Attorney has requested that
Commission be asked to review the addendum in conjunction
with contract approval.
"
.
This agreement will supersede the previous contract with
P.E.C. dated 1991.
RCH: jem
c: Susan Ruby
C. Danvers Beatty
Victor Majtenyi
f: T/F City Manager
.
. .
I PEC
I PROFESSIONAL ENGINEERING CONSUL TANTS, INC.
I Apri127, 1995 DB-OO
Mr. Dick Hasko, P.E.
Environmental Services Department
City of Deltay Beach
434 South Swinton Avenue
Delray Beach, Florida 33444
Fax: (407) 243-7060
RE: Agreement for Engineering Services for Civil and Sanitary Consultin¡ Setvices
Dear Mr. Hasko:
It is respectfully requested that the City. agree to a clarification sentence that we have added under Sec.
R. Indemnification. The rca$Ons for this proposed clarification are a$ follows:
, 1. We certainly agree that PEC, as the Consultant, should be responsible for our
Delli¡ence. In the langua,e of Sec. R, we agree to indemnity and hold hannlcss the
I City for our neg1i¡ence. Such negligence is covered either by our general liability
I insurance (for other than "professional" acts), or by our profcssionalliability
I insurance for our professional negligence (i.e. "errors and omissions" insurance).
I However, it is cenainly not reasonable for any Owntr to expect a Consultant to be
I t~onsible for the negligence of the Owner or negligence of the Owner's contractors.
All of our govenunental clients have a¡reed to accept this U1Ïnor clarification. This
I clarification removes the · gray area" of interpretation that would otherwise exist
I under the langua.¡e of Sec. R without such a clarification.
I
2. Secondly, it is noted for background purposes that our professional liability insurance
I
I would not cover us in MY case if the City med to hold us responsible for professional
i
I negligence of the City under a City contract. (We believe this is trUe of the
I pro(essiona11íability insurance of every consultant, under the very limited number of
I
I professional liability insurers available in the market).
I We would appreciate the City's consideration undeuta:l1ding of the above and approval of our request.
¡ Sincerely,
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
I
I C~
I
I
I
Tom R. Kelley, P.E.
Chairman/Principal
TRK/kasl F:ICUIII\moI\I\DllIOOISIt.Ln
I cc: Ms. Susan Ruby, Esq.
Mr. David Harden
,
,
engineers I
planners
SUf\'fJ YOi!; I 200 East Robinsofl Stretit . SUite 15öO . Orlando, rlorida 32801 . 40i.'422-SC€2 . FAX 407/849-9401
,"
.
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CITY OF DELRA Y BEACH
CONSULTING SERVICE AUTHORIZATION No.1
DATE:
SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO.:
CITY OF DELRA Y BEACH PEC DB-I0/1.0. 2.0 and 3.0
TITLE: BEACH AREA RECLAIMED WATER SYSTEM REUSE FEASIBILITY STUDY.
This service authorization, when executed, shall be incorporated in and shall become an integral part of
the Contract, Dated April 17, 1995, by and between the City of Delray Beach and PEC.
I. PROJECT DESCRIPTION
The objective of this assigrunent is to provide a Reuse Feasibility Study for the City of Delray Beach. This
assignment consists of the analysis of potential reuse sites, existing wastewater system treatment and
hydraulics, costs (preliminary estimates), and implementation of the reuse system. The assignment does
not include a report following the Florida Department of Envirorunental Protection's (FDEP) Guidelines
for Preparation of Reuse Feasibilitv Studies for Applicants HavinS! Responsibilitv for Wastewater
ManaS!ement.
II. SCOPE OF SERVICES
Task I. Development of a Reuse Feasibility Report
Detailed Scope of Services is included in Attachment "A".
III. BUDGET
This authorization shall be paid based on the lump sum of $32,691.00 in accordance with the Contract
Agreement, without further authorization from the City.
TOTAL BUDGET: $ 32.691.00
(This Authorization)
Detailed Manhour and Budgets are included in Attachment "B".
F:\...\DB-OO\CSA.#l - 1 - P-5060
" .
CONSULTING SERVICE AUTHORIZATION No.1
Continued
IV. COMPLETION DATE
The Reuse Feasibility Study final repon shall be completed within 120 days from Notice to Proceed (or
from receipt of City provided information as requested).
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 funher liability.
F:\...\DB-OO\CSA.#I . 2 - P-5060
" .
-
.
CONSULTING SERVICE AUTHORIZATION No.1
Continued
APPROVED BY THE CITY OF PROFESSIONAL ENG
DELRA Y BEACH CONSULT , N .
- DAY OF . 1995 BY:
Tom R. Kelle P.E.
Type or Print
Date: 4/ JOIQ5 (SEAL)
CITY OF DELRA Y BEACH, a municipal
corporation of the STATE OF FLORIDA ATTEST:
BY: Tom R. Kelle , P.E.
MAYOR BEFO E, the foregoing instrument, this ayof
, 1995 was acknowledged by
Tom R. ellev. P.E., a duly authorized officer of
ATTEST: Professional Engineerimz Consultants. Inc.
on behalf of the Corporation and said person executed
the same free and voluntarily for the purpose therein
expressed.
BY:
APPROVED AS TO FORM:
BY: WITNESS my hand and seal in the County and
City Attorney State aforesaid this r2d!!-day of ~ ,1995.
Notary Public /h~cI(~
State of Florida
My Commission Expires: 1/;;2./97
I I
(SEAL)
F:\... \DB-OO\CSA.# 1 - 3 - P-5060
H .
.
A iT ACHMENT A
MAN HOUR ESTIMATES FOR CITY OF DELRA Y BEACH
FEASIBILITY STUDY FOR BEACH AREA RECLAIMED WATER SYSTEM
P-5060
fm"'~----- _.~,-"_.=~~~~~.-==-,--.,,~:-::~:: '.~ìT!~;T;!rIn11tEn::~¡:B~- -",c. -:-"~
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r- f--:--''BL~;~ - ~--~-- --- - - -- ---- ----------------- -, ---- -- ----. - - ~ ~ - .-.- --.....-----
, . .
A. Visit each of the following potential RW facility sites selected by the City to evaluate site
specifics related to the design, permitting, construction and operation of the proposed
improvements:
2 10 10 0 0 2 24
1. City parking lot @ Gleason & Casuarina 5. Bldg lots 21, 22, 23@ Bk 18, Pg 47
2. Private parking lot @ Ocean Park 6. Private lot 1 @ Bk 18, Pg 47
3. City parking lot @ lot 13, Bk 24, Pg 63
4. City parking lot @ Sandoway Park
B. Identify following potential reclaimed water users within study area and estimate
irrigation peak and average demands, schedules,irrigations rates and pressure
requirements: 0 16 16 12 0 8 52
1. Gulf Courses [Gulf Stream, Little Club, SI. Andrews] 3. Commercial
2. Greenspace [Parks, Condos, Clubs, Apartments] 4. Residential
C. Evaluate local re-treatment requirements considering regulatory rules and the following
water quality considerations: 2 4 10 2 0 2 20
1. Chloride Control 2. Phosphorus Removal 3. Nitrogen Removal
4. TSS Removal (Filtration) 5. Disinfection 6. Storage
D. Evaluate chloride tolerance of Beach Area vegetation and grasses [Sub-Consultant] 4 0 2 0 0 2 8
E. Evaluate local re-treatment process and equipment altematives considering the
following: 4 12 36 4 0 5 61
1. Unsuitable Disposal 3. Backwash Disposal
2. Reject Storage 4. Site Constraints
F. Develop WR Facility layout for each specific site as indicated above and provide
preliminary construction cost estimate [City to provide estimate/appraisal of land value] 2 10 48 20 80 8 168
G. Compare construction cost and O&M cost of above recommended local re-treatment
system in the following three configurations: 0 12 30 20 0 8 70
1. Local re-treatment and distribution to remote storage
2. Local re-treatmet and storage and distribution to remote storage
3. Outfall effluent re-pump to remote re-treatment and storage
H. Evaluate system hydraulics consisting ot 2 8 30 10 0 2 52
1. Flow and pressure availability at connection to outfall
2. Distribution system layout and pipe size requirements based on flow demands and
pressure requirements determined above.
3. Storage requirements based on outfall diurnal and irrigation schedules
I. After screening alternatives and owner acceptance of recommended system
configuration, develop preliminary drawings for each component {re-treatment,storage
and distribution] and provide constructuin cost estimate of system improvements 1 2 4 10 20 3 40
J. Determine construction phasing of recommended system configuration [Phasing for
future irrigation demands is not considered as the Study Area is essentially fully
developed] 0 4 4 0 0 2 10
K. Evaluate funding alternatives as follows:
1. City Revenue Bonds 2. Impact or Connect Fees 3. State Grants or Loans 4 0 6 0 3 13
4. Rate Revenues 5. Other
L. Evaluate revenue rate and fees 4 0 4 0 0 2 10
M. Implementation - Institutional & policy considerations 2 0 6 0 0 2 10
[':':_~L.-_ . ..- .;~"":~~. ' '" .~~~.SOBTOTAl!TASKi ..f£ASIBILm' SruDY 1116 419.,- i¥- 538't.it:
DRB-5060.v..a2
" .
ATTACHMENT B
PROJECT COST ESTIMATE FOR CITY OF DELRA Y BEACH
FEASIBILITY STUDY FOR BEACH AREA RECLAIMED WATER SYSTEM
P·5060 LABOR MULTIPLIER 3 DIR. MULTIPLIER 1
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~;~., ;~I , ' :'. "~;'; ~,
í..- ~o.........--______ ~~--......~L--~__ .' .......-..-____________....... ......_~~_ L~ 1..--- J
Project Manager $35.00 16 16 $560 $1,680
Senior Engineer $25.00 78 78 $1,950 $5,850
Engineer $20.00 206 206 $4,120 $12,360
echnician $18.00 78 78 $1,404 $4,212
CAD $11.00 100 100 $1,100 $3,300
Clerk $12.00 49 49 $588 $1,764
SUBTOTAL LABOR HOURS 538 538
SUBTOTAL RAW LABOR DOLLARS $9,722 $9,722
SUBTOTAL TOT. LABOR DOLLARS $29,166 $29,166
~==== ====.:~~=~ ~_~_4-==-~:= --======:-2
r---------- ~r___---~~~!-... - - --:-----~~,~- _.~~
~_ - ~~I 1, . .,,~. ~ ....,....
~~ ~~~~ ~
Reproduction/Printing $360 $360 $360
Computer SupporVPlotting $100 $100 $100
elephone (Long Distance) $40 $40 $40
Mileage $200 $200 $200
Postage $25 $25 $25
SUBTOTAL ODC DOLLARS $725 $725 $725
~~~,-~.~=-=:_-' - -=~-=-::==-=----:~--===..--=-=-- ,-' ..~- -~- ------- --- -- ---- ---~- -- ------.
.....'---- '- - -, . . ----"
:- - -- ----- ..,.- <^ - -~- - . - - - - . . -. -~ -- - -- ""'';.1~ - -,' ~--:~
~------~.- . ,- : --~--..:
------------ --- ~- +.-- ---... ------ -'-'-~ ~- _.~"
ndscape Architect (Allowance) $2.800 $2.800 $2,800
$32,691 $32,691
.. .
·
AGREEMENT FOR ENGINEERING SERVICES
FOR
GENERAL CIVIL/SANITARY CONSULTING SERVICES
Consultant: PROFESSIONAL ENGINEERING CONSULTANTS, INC.
Date:
TABLE OF CONTENTS
~
I. Definitions; General Considerations 1
II. General Duties of Consultant 3
III. Duties of Consultant; Study and Report
Phase through Construction
Phase and Resident Project
Representative Se~ices Phase 4
A. Phase I - Study and Report Phase 4,
B. Phase II - preliminary Desiqn Phase 5
C. Phase III - Final Desiqn Phase 6
D. Phase IV - Bidding/Negotiation Phase 7
E. Phase V - Contract Phase 8
F. Phase VI - Resident Project Representative Services 11
Phase
IV. Data and Services to be Provided by City 15
V. Time of Performance 16
VI. Agreement Period 16
VII" Compensation 17
VIII. Payment 17-19
IX. Miscellaneous provisions 20
A. Ownership of Documents 20
B. Copies of Documents 21
C. Insurance 21-22
D. Litigation Services 23
E. Authority to Contract 23
F. Assiqnment 24
G. Confidential Information 24
H. Non-Exclusive Contract 24
I. Sub-Consultants 25
J. Notices 25
K. Attachments 25
L. Truth-In Negotiation Certificate 25
M. Records 26
N. Personnel 26
o. Equal Opportunity Employment; Non-Discrimination 26
P. Prohibition Against Contingent Fees 26
Q. Termination 27
R. Indemnification 27
S. Interest of the Consultant 28
T. Compliance with Laws 28
u. Jurisdiction; Venue 28
.
.
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this day
of ,19 ,by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY", and ::>te. 1:>60
Professional Engineering Consultants, Inc.; 200 East Robinson Street
Orlando, Florida 32801 ,
hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY has provided notice of the desired
professional services and carried out the proper selection
process pursuant to and in accordance with the Consultants
competative Negotiation Act, and;
WHEREAS, the CITY represents that it is a Florida
Municipal Corporation with the authority to engage the
CONSULTANT and accept the obligation for payment. for the
services desired, and;
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, the CONSULTANT shall provide such
professional services in accordance with this AGREEMENT and
SERVICE AUTHORIZATION(S).
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT , it is mutually
understood and agreed as follows:
I. QEFINITIONS: GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented as set forth
by this AGREEMENT and by SERVICE AUTHORIZATIONS,
which are attached hereto and made a part hereof, and
as also may be added as approved by the CITY from
time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
1
.
.
authorization is established in the CITY Code of
Ordinances wi th provisions for expenditure level of
approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for comple-
tion of the particular phase of the work by CONSUL-
TANT shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
work to be performed; the budget cost, complete with
an itemization of manhours, wage rates, reimbursable
expenses, and other related costs; schedule for
completion and name of project manager. The SERVICE
AUTHORIZATION shall be signed by the CITY and the
CONSULTANT'S authorized representative. A City
purchase order shall be issued with authorization
identifying funds and amount of expenditures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. CONSTRUCTION COSTS shall be the total estimated cost
to the CITY of all elements of the project designed
or specified by the CONSULTANT. Construction costs
shall include the cost at current market rates of
labor and materials furnished by the Contractor and
equipment designed, specified, selected or specially
provided for by the CONSULTANT, plus a reasonable
allowance for the contractor's overhead and profit.
In addition, a reasonable allowance for contingencies
shall be included for market conditions at the time
of bidding and for changes in the work during con-
struction. Construction cost does not include the
compensation of the CONSULTANT or CONSULTANT'S
subconsultants, the cost of the land, rights-of-way,
financing or other costs which are the responsibility
of the CITY. The CONSULTANT shall use its best
judgment as a design professional familiar with the
construction industry in estimating the construction
cost.
D. PHASES: A phased approach may be utilized. The CITY
and the CONSULTANT shall have the right to negotiate
the terms of each phase as contained within each
SERVICE AUTHORIZATION, and to reject any SERVICE
AUTHORIZATION, if the parties cannot agree to the
terms of the SERVICE AUTHORIZATION. In the event the
parties cannot agree, the CITY may select another
proposer or go out for additional proposals in order
to complete the subsequent phase(s) of the project.
This phased approach shall not waive the CITY'S right
to terminate the CONSULTANT'S contract during any
phase of the project.
2
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.
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibili ty of the CONSULTANT to work wi th the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
D. The CITY shall establish a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the CITY, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the final design phase of the project;
however, nothing contained herein shall require the
CONSULTANT to bear additional costs if the additional
costs are a resul t of a change in the scope of
services directed by the CITY.
E. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT'S designs, drawings, specifications,
reports and other services, the CONSULTANT shall,
without additional compensation, correct or revise
said errors or omissions to the satisfaction of the
CITY.
F. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services
or materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
3
.
-
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
G. The CONSULTANT designates Arthur Austin, P.E.**r as its
representative to act as liaison with the CITY. The
representative shall manage and coordinate CITY
projects and is hereby authorized to act on behalf of
the CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter
with respect to performance of services for the CITY
in accordance with the AGREEMENT. Any change to name
another person shall be requested in writing to the
CITY, and shall be approved by the CITY.
H. CONSULTANT shall attend all meetings, as specified or
as defined in each SERVICE AUTHORIZATION of the CITY
Commission or any CITY approval Board, where the
project is discussed, unless the City's representa-
tive declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all additional meetings as may be required to
facilitate the project.
III. DUTIES OF CONSULTANT; STUDY AND REPORT PHASE THROUGH
CONSTRUCTION PHASE AND RESIDENT PROJECT
REPRESENTATIVE SERVICES PHASE
The following Duties of CONSULTANT are separated into
phases of the project which if approved via SERVICE AUTHORIZA-
TIONS shall be performed by the CONSULTANT. The CITY may
require SERVICE AUTHORIZATIONS which contain additional re-
quirements applicable to the project. The CITY must authorize
through SERVICE AUTHORIZATIONS, the commencement of each phase
of the work.
A. Phase I - Study and Report Phase
If the Study and Report Phase is authorized, the
following requirements shall apply.
(1) The CONSULTANT shall consult with the CITY to
clarify and define the CITY'S requirements for
the project and review available data.
(2) The CONSULTANT shall advise the CITY as to the
necessity of the CITY'S providing or obtaining
from others, data or services.
***Mr. Arthur Austin, P.E. will serve as PEC's liason to the City on all
water and wastewater type projects. On civil or stormwater projects, a
different liason may be assigned by PEC and the Service Authorization for
such assignments will so designate the PEC liason.
4
.
·
(3) The CONSULTANT shall identify and analyze permit
and approval requirements of all governmental
authorities having jurisdiction to approve the
design of the Project and participate in
consultations with such authorities.
(4) The CONSULTANT shall provide analyses of the
CITY'S needs, planning surveys, site evaluations
and comparative studies of prospective sites and
solutions.
(5) The CONSULTANT shall provide a -general economic
analysis of OWner's requirements applicable to
various alternatives.
(6) The CONSULTANT shall prepare a Report containing
schematic layouts, sketches and conceptual
design criteria with appropriate exhibits to
indicate clearly the considerations involved
(including applicable requirements of governmen-
tal authorities having jurisdiction as afore-
said) and the alternative solutions available to
the CITY and setting forth CONSULTANT'S findings
and recommendations. This Report will be
accompanied by CONSULTANT'S pre-design estimate
of probable costs for the Project, including,
but not limited to the following which will be
separately itemized: Construction Cost, allow-
ance for engineering costs and contingencies
allowances for such other items, such as charges
of all other professionals and consultants, for
the cost of land and rights-of-way, for
compensation for or damages to properties, and
for permit, review and/or approval fees by other
governmental agencies, if required. The CONSUL-
TANT shall also provide a preliminary evaluation
of the City's Project Schedule. The City's
Project Schedule and probable construction costs
shall be evaluated and updated throughout
subsequent phases of the work.
(7) The CONSULTANT shall furnish the number of
copies of the Study and Report documents as
provided in the SERVICE AUTHORIZATION and review
them with the CITY.
B. Phase II - Preliminary Design Phase
If the Preliminary Design Phase is authorized, the
following requirements will apply:
(1) The CONSULTANT, in consultation with the CITY
shall determine the general scope, extent and
character of the Project.
S
» -
·
(2) Prepare Preliminary Design documents consisting
of final design criteria, preliminary drawings,
outline specifications and written descriptions
of the Project.
(3) Advise the CITY if additional data or services
are necessary and assist the CITY in obtaining
such data and services.
( 4 ) Furnish the specif ied number of copies of the
above Preliminary Design documents as contained
within the SERVICE AUTHORIZATION and present and
review them with the CITY.
(5) The CONSULTANT shall submit to the CITY a
preliminary estimate of construction costs based
on current area, volume or other unit costs,
which shall be updated throughout the design
development phase.
(6) The CONSULTANT shall prepare a development
schedule, which shall include, but shall not be
limited to, the review and approval times by all
governmental agencies as may be required.
(7) The CONSULTANT shall make available all design
calculations and associated Data, and partici-
pate in meetings in which Value Engineering
Analysis of the project takes place, at such
times and places as shall be determined by the
CITY.
C. Phase III. Final Design Phase.
If the Final Design Phase is authorized, the
following requirements shall apply:
(1) The CONSULTANT shall prepare construction
documents which shall include but not be limited
to drawings and technical specifications,
general and supplementary conditions, bid forms,
invitations to bid, instructions to bidders,
with technical criteria, descriptions and design
data necessary for permi tting by governmental
authorities, and shall include any further
adjustments in the scope or quality of the
project or in the construction budget authorized
by the CITY.
(2) The CONSULTANT shall in the preparation of
construction documents, technical criteria,
written descriptions and design data, take into
6
.
account all currently prevailing codes and
regulations governing construction in the City
of Delray Beach, Florida, and shall meet the
requirements of all other agencies or govern-
mental authorities having jurisdiction over the
project.
(3) The CONSULTANT shall prepare a detailed opinion
of probable cost in accordance with paragraph
I.C., which shall be reviewed by the CITY prior
to going out for bids.
(4) The CONSULTANT shall provide the required
documents and attend meetings as necessary, for
the approval of governmental boards, agencies or
authorities having jurisdiction over the
project.
(5) The CONSULTANT shall use bid documents provided
by the CITY including bidding forms, conditions
of the contract, and form of AGREEMENT between
the CITY and CONTRACTOR.
(6) The CONSULTANT shall prepare all documents
including design and plan revisions required for
the approval of governmental authorities having
jurisdiction over the project. Said approvals
are required prior to the public notice for the
Invitation to Bid and submission of applications
therefore are the responsibility of the
CONSULTANT.
(7) The CONSULTANT shall provide the CITY the number
of copies of contract documents as specified in
the service authorization.
. D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following
requirements shall apply:
(1) The CONSULTANT shall assist the CITY in obtain-
ing bids or negotiated proposals, assist in
awarding and preparing contracts for construc-
tion, attend pre-bid conferences, prepare
addenda, provide written recommendation of
award, assist in the compilation/preparation of
contract documents, and after the award assist
the City in securing the required bonds and
certificates of insurance, and in the review of
the contract documents for completeness.
(2) The CONSULTANT shall attend the bid opening,
prepare bid tabulation sheets and assist the
7
" .
.
CITY in evaluating bids or proposals and in
assembling and awarding contracts for
construction, materials, equipment and services.
(3) The CONSULTANT shall issue addenda as appro-
priate to interpret, clarify or expand the
Bidding Documents.
(4) The CONSULTANT shall consult with and advise the
CITY as to the acceptability of subcontractors,
suppliers and other persons and organizations
proposed by the prime contractor(s) (herein
called CONTRACTOR(S» for those portions of the
work as to which such acceptability is required
by the Bidding Documents.
(5) Consul t wi th the CITY concerning and determine
the acceptability of substitute materials and
equipment proposed by CONTRACTOR(S) when substi-
tution prior to the award of contracts is
allowed by the Bidding Documents.
E. Phase V - Construction Phase
If Contract Administration is authorized, the follow-
ing requirements shall apply:
(1) The CONSULTANT shall provide administration of
the contract for construction as set forth
herein and as contained within the general
conditions of the contract for construction.
(2) The CONSULTANT shall be a representative of and
shall advise and consult wi th the CITY during
construction and until final payment to the
contractor is due. The CONSULTANT shall have
authority to act on behalf of the CITY only to
the extent provided in this AGREEMENT and as
provided in the contract for construction unless
otherwise modified by written instrument.
(3) The CONSULTANT shall visit the site at regular
intervals appropriate to the stage of construc-
tion or as otherwise agreed to by the CITY and
the CONSULTANT, in writing, to become generally
familiar with the progress and quality of the
work completed and shall determine in general if
the work is being performed in a manner indicat-
ing that the work when completed will be in
accordance with the contract documents. The
CONSULTANT shall be required to make on-site
observations to review the work. The CONSULTANT
shall keep the CITY informed of the progress and
quality of the work and shall provide certifi-
8
.
·
cation to the CITY of satisfactory completion of
all phases of the work in compliance with the
plans, specifications, and/or approved changes
or modifications thereto.
(4) The CONSULTANT shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques,
sequences or procedures of construction or for
safety precautions and programs in connection
with the work, since these are solely the
CONTRACTOR'S responsibility under the contract
for construction. The CONSULTANT shall make
every reasonable effort to ensure that the
CONTRACTOR completes the work in accordance with
the current approved schedule and carries out
the work in accordance with the Contract
documents.
(5) The CONSULTANT based on observations and evalua-
tions of CONTRACTOR'S applications for payment,
shall review and certify the amounts due the
CONTRACTOR.
(6) The CONSULTANT'S certification for payment shall
constitute a representation to the CITY, based
on the CONSULTANT'S observations at the site as
provided herein and on the data comprising the
CONTRACTOR'S application for payment, that the
work has progressed to the point indicated and
that, to the best of the CONSULTANT'S knowledge,
information, and belief, the quality and quanti-
ty of the work is in accordance with the con-
tract documents. The foregoing representations
are subject to an evaluation of the work for
conformance with the contract documents upon
substantial completion, to results of subsequent
tests and inspections, to minor deviations from
the contract documents, correctable prior to
completion and to specific qualifications
expressed by the CONSULTANT. The issuance of
the certificate of payment shall further consti-
tute a representation that the CONSULTANT has
made observations to review the quality or
quantity of the work.
(7) The CONSULTANT shall recommend disapproval or
rejection of CONTRACTOR'S work to the CITY which
does not conform to the contract documents. The
CONSULTANT will have authority to require
additional inspection or testing of the work in
accordance with the provisions of the contract
documents, whether or not such work is
fabricated, installed or completed.
9
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.
(8) The CONSULTANT shall review and approve or take
other appropriate action upon CONTRACTOR'S
submittals such as shop drawings, product data,
and samples for the purpose of checking for
conformance with information given and the
design concept expressed in the contract docu-
ments. The CONSULTANT shall evaluate and
determine the acceptability of substitute
materials and equipment proposed by CONTRACTORS.
(9) The CONSULTANT shall prepare change orders and-
construction change directives with supporting
documentation and data if deemed necessary by
the CONSULTANT, for the CITY'S approval and
execution in accordance with the contract
documents, and may authorize minor changes in
the work not involving an adjustment in the
contract sum or an extension of the contract
time which is consistent with the intent of the
contract documents.
(10) The CONSULTANT shall conduct inspections to
determine the date or dates of substantial
completion and the date of final completion,
shall receive and forward to the CITY for the
CITY'S review and records, written warranties
and related documents required by the contract
documents and assembled by the CONTRACTOR and
shall issue a final certificate for payment upon
compliance with the requirements of the contract
documents.
(11) The CONSULTANT shall interpret matters concern-
ing performance of the CITY and CONTRACTOR under
the requirements of the contract documents on
written request of either the CITY or
CONTRACTOR. The CONSULTANT'S response to such
requests shall be made with reasonable prompt-
ness and within any time limits agreed upon.
(12) Interpretations of the CONSULTANT shall be
consistent with the intent of and reasonably
inferable from the contract documents and shall
be in writing or in the form of drawings. When
making such interpretations, the CONSULTANT
shall endeavor to secure faithful performance by
both the CITY and the Contractor.
(13) The CITY shall be the final arbiter on matters
relating to aesthetics.
10
'" .
.
(14) The CONSULTANT shall render written interpreta-
tions within a reasonable time on all internal
disputes between the CITY and CONTRACTOR relat-
ing to the execution of the progress of the work
as provided in the contract documents.
(15) The CONSULTANT'S interpretations on internal
disputes are not binding on the CITY and the
CITY may result to remedies afforded by this
contract to resolve the issue.
(16) The CONSULTANT shall provide-the number of sets
of the construction documents to the CONTRACTOR
as specified in the SERVICE AUTHORIZATION.
(17) Upon completion of construction the CONSULTANT
shall provide to the CITY, three sets of record
drawings, signed and sealed, plus one set of
mylars incorporating as built conditions and
other data furnished by contractor(s) to
CONSULTANT.
(18) In company with the city, the CONSULTANT shall
visit the Project to observe any apparent
defects in the completed construction, assist
the CITY in consul tations and discussions wi th
CONTRACTOR(S) concerning correction of such
deficiencies, and make recommendations as to
replacement or correction of defective work.
F. Phase VI - Resident Project Representative Services
Phase
If the Resident Project Representative Services Phase
is authorized the following requirements shall apply:
A. A Resident Project Representative will be
assigned to assist CONSULTANT in carrying out
his responsibilities to CITY at the site.
Resident Project Representative is CONSULTANT'S
agent at site, will act as directed by and under
the supervision of CONSULTANT, and will confer
with CONSULTANT regarding Resident Representa-
tive's actions. Resident Representative's
dealing in matters pertaining to the on-site
work shall in general be with CONSULTANT and
CONTRACTOR keeping the CITY advised as neces-
sary. Resident Project Representative's deal-
ings with subcontractors shall only be through
or with the full knowledge and approval of
CONTRACTOR. Resident Project Representative
shall generally communicate with the CITY with
the knowledge of and under the direction of
CONSULTANT.
11
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.
B. Resident Project Representative shall where
applicable:
1. Review the progress schedule, schedule of
Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult
with CONSULTANT concerning its general
acceptability.
2. Attend meetings with CONTRACTOR, such as
preconstruct ion conferences, progress
meetings, job conferences and other
proj ect-related meetings, and prepare and
circulate copies of minutes thereof.
3. Working principally through CONTRACTOR'S
superintendent, assist CONSULTANT in
serving as the City's liaison with CONTRAC-
TOR, when CONTRACTOR'S operations affect
the CITY'S on-site operations.
4. Assist in obtaining from the CITY addition-
al details or information, when required
for proper execution of the Work.
5. Record date of receipt of Shop Drawings and
samples.
6. Receive samples which are furnished at the
site by CONTRACTOR, and notify the CONSUL-
TANT of availability of samples for exami-
nation.
7. Advise the CONSULTANT and CONTRACTOR of the
commencement of any Work requiring a Shop
Drawing if the submittal has not been
approved by the CONSULTANT.
8. Conduct on-site observations of the Work in
progress to assist the CONSULTANT in
determining if the Work is, in genera 1,
proceeding in accordance with the Contract
Documents. .
9. Report to the CONSULTANT whenever Residen-
tial Project Representative believes that
any Work is unsatisfactory, faulty or
defective or does not conform to the
Contract Documents, or has been damaged, or
does not meet the requirements of any
inspection, test or approval required to be
made; and advise the CONSULTANT of Work
that Resident Project Representative
12
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·
believes should be uncovered for observa-
tion, or requires special testing, inspec-
tion or approval. Nothing herein shall
relieve the CONTRACTOR or the CONSULTANT
from the duties imposed by the contract.
10. Verify that tests, equipment and systems
startups, and operating and maintenance
training are conducted in the presence of
appropriate personnel, and that CONTRACTOR
maintains adequate records thereof; and
- observe, record and report to the CONSUL-
TANT appropriate details relative to the
test procedures and startups.
11. Accompany visiting inspectors representing
public or other agencies having jurisdic-
tion over the proj ect, record the results
of these inspections and report to the
CONSULTANT.
12. Report to CONSULTANT when clarifications
and interpretations of the Contract Docu-
ments are needed and transmit to CONTRACTOR
clarifications and interpretations as
issued by the CONSULTANT.
13 . Consider and evaluate CONTRACTOR'S sugges-
tions for modifications in Drawings or
specifications and report with Resident
Project Representative's recommendations to
the CONSULTANT. Transmit to CONTRACTOR
decisions as issued by the CONSULTANT.
14. Maintain at the job site orderly files for
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions of
original Contract Documents including all
Work Directive Changes, Addenda, Change
Orders, Field Orders, addi tional Drawings
issued subsequent to the execution of the
Contract, CONSULTANT'S clarifications and
interpretations of the Contract Documents,
progress reports, and other Project related
documents.
15. Keep a diary or log book, recording CON-
TRACTOR hours on the job site, weather
condi tions, data relative to questions of
Work Directive Changes, Change Orders or
changed conditions, list of job site
visitors, daily activities, decisions,
observations in general, and specif ic
13
.
observations in more detail as in the case
of observing test procedures; and send
copies to the CONSULTANT.
16. Record all names, addresses and telephone
numbers of the CONTRACTOR, all subcontrac-
tors and major suppliers of material and
equipment.
17. Furnish the CONSULTANT periodic reports as
required of progress of the Work of the
CONTRACTOR's compliance with the progress
schedule and schedule of Shop Drawing and
sample submittals.
18. Consult with the CONSULTANT in advance of
schedule major tests, inspections or start
of important phases of the Work.
19. Draft proposed Change Orders and Work
Directive Changes, obtaining backup materi-
al from CONTRACTOR and recommend to the
CONSULTANT, change Orders, Work Directive
changes, and Field Orders.
20. Report immediately to the CONSULTANT and
the CITY upon the occurrence of any acci-
dent.
21. Review applications for payment with
CONTRACTOR for compliance with the estab-
lished procedure for their submission and
forward with recommendations to the CONSUL-
TANT, noting particularly the relationship
of the payment requested to the schedule of
values, Work completed and materials and
equipment delivered at the site but not
incorporated in the Work.
22. During the course of the work, verify that
certificates, maintenance and operation
manuals and other data required to be
assembled and furnished by CONTRACTOR are
applicable to the items actually installed
and in accordance with the Contract Docu-
ments, and have this material delivered to
the CONSULTANT for review and forwarding to
CITY prior to final payment for the Work.
23. Before the CONSULTANT issues a certificate
of Substantial Completion, submit to
CONTRACTOR a list of observed items requir-
ing completion or correction.
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24. Conduct final inspection in the company of
the CONSULTANT, the CITY and the CONTRACTOR
and prepare a final list of items to be
completed or corrected.
25. Observe that all items on final list have
been completed or corrected and make
recommendations to the CONSULTANT concern-
ing acceptance.
C. The Resident Project Representative shall not:
1. Authorize any deviation from the Contract
Documents or substitution of materials or
equipment.
2. Exceed limitations of the CONSULTANT'S
authority as set forth in the Contract
Documents.
3. Undertake any of the responsibili ties of
CONTRACTOR, subcontractors, or CONTRACTOR's
superintendent.
4. Advise on, issue directions relative to or
assume control over any aspect of the
means, methods, techniques, sequences or
procedures of construction unless such
advice or directions are specifically
required by the Contract Documents.
5. Advise on, issue directions regarding or
assume control over safety precautions and
proqrams in connection with the Work.
6. Accept Shop Drawing or sample submi ttals
from anyone other than CONTRACTOR.
7. Authorize the CITY to occupy the Project in
whole or in part.
8. Participate in specialized field or labora-
tory tests or inspections conducted by
others except as specifically authorized by
the CONSULTANT.
IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
information as the CONSULTANT and CITY mutually
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deem necessary and which are under control of
the CITY.
B. Other data and services to be agreed upon in
subsequent SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
D. The city Manager or his designee shall act as
the CITY'S representative with respect to the
work to be performed under this AGREEMENT. The
City Manager or his designee shall have the
authority to the extent authorized by the City
Charter and Code of Ordinances to exercise the
rights and responsibilities of the CITY provided
in this contract. Said authority may include
but is not limited to: transmit instructions,
stop work, receive information, interpret CITY'S
policies and decisions with respect to materi-
als, equipment, elements, and systems pertinent
to the services covered by this AGREEMENT.
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after
issuance of a notice to proceed.
B. The CONSULTANT'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION. If
the CONSULTANT'S services are unreasonably delayed by
the CITY in excess of 180 days, the time of perfor-
mance and compensation shall be renegotiated, provid-
ed; however, the CONSULTANT as a condition precedent
to renegotiation shall notify the CITY within fifteen
(15) calendar days from the end of the delay of
CONSULTANT'S proposed additional costs incurred by
reason of said delay.
VI. AGREEMENT PERIOD
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each SERVICE
AUTHORIZATION shall delineate a time for completion of the
service to be rendered.
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VII. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION
in accordance with a negotiated lump sum, or a not
to exceed budgeted amount based on time charges
which are based upon hourly rates, plus
reimbursable expenses if compensation is based on
Method II and other related costs as are specified
in the SERVICE AUTHORIZATION.
1- METHOD 1 - LUMP SUM
Lump Sum Amount. Wherever possible, the scope of
services for Services, Projects· or Programs shall
be thoroughly defined and outlined prior to its
authorization. The CITY and CONSULTANT shall
mutually agree to a lump sum amount for services
to be rendered and a detailed scope of services.
Should the CITY deem that a change in the scope of
services is appropriate, then a decrease or
increase in compensation shall be authorized in
writing. In lump sum contracts, the CONSULTANT
shall submit the estimated man hours, wage rates
and other actual unit costs supporting the
compensation. The CONSULTANT shall submit a truth
in negotiation certificate stating that all data
supporting the compensation is accurate, complete
and current at the time of contracting.
2. METHOD II - TIMES CHARGES/NOT TO EXCEED
BUDGETED AMOUNT
computation of Time Charaes/Not to
Exceed Amount. When a service is to be
compensated for on a time charge/not to
exceed basis, the CONSULTANT will submit
a not to exceed budget cost to the CITY
for prior approval based on actual time
charges which shall not exceed
established hourly rates as shown in
Exhibit B attached hereto, plus reim-
bursable expenses and other related
costs. The CITY shall not be obligated
to reimburse the CONSULTANT for costs
incurred in excess of the not to exceed
cost amount.
a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based
upon the actual personnel's raw hourly
salary rates as shown in Exhibit B for
services rendered on CITY projects
multiplied by an overhead factor which
shall not exceed 3.0. Maximum
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permissible profit included in the
overhead factor shall not exceed ten
percent (10%) . The overhead factor may
be subject to audit. The schedule of
hourly rates as set forth in Exhibit B
is attached hereto and made a part
hereof. The rates listed in Exhibit B
may be adjusted upon AGREEMENT of the
parties.
b. In addition, the CITY shall pay for
reimbursable expenses invoiced at the
actual cost of expenditures incurred by
the CONSULTANT if provided in the
SERVICE AUTHORIZATION as follows:
(1) Identifiable transportation
expenses in connection with
the Project, subject to the
limitations of section
112.061, Florida Statutes.
Transportation expenses to
locations outside the Dade-
Broward-Palm Beach-Martin
County area or from locations
outside the Dade-Broward-Palm
Beach-Martin County area will
not be reimbursed unless
specifically pre-authorized in
the service Authorization.
(2) Identifiable per diem, meals
and lodgings, taxi fares and
miscellaneous travel-connected
expenses for CONSULTANT's
personnel subject to the
limitations of section 112.061
Florida Statutes. Meals for
travel inside Dade-Broward-
Palm Beach-Martin County will
not be reimbursed. Meals and
lodging expenses will not be
reimbursed for temporarily
relocating CONSULTANT'S
employees from one of
CONSULTANT'S offices to
another office if the employee
is relocated for more than ten
(10) consecutive working days.
Lodging will be reimbursed
only for room rates equivalent
to Holiday Inn, Howard Johnson
or Ramada Inn.
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(3) Actual cost of identifiable
courier and express mail
services.
(4) Actual expense of
reproductions, of Drawings and
Spècifications for bidding and
contract execution including
duplicate sets at the
completion of each SERVICE
AUTHORIZATION for the CITY'S
review and approval.
(5) Actual expenses of testing,
laboratory services, and field
equipment.
(6) Actual expense of overtime
work requiring higher than
regular rates, when authorized
by the CITY.
(7) Actual cost of all permit fees
paid to regulatory agencies
for approvals directly
attributable to the Project.
These permit fees do not
include those permits required
for the construction
contractor.
Reimbursable subconsultant expenses are
limited to the items described above
when the subconsultant agreement
provides for reimbursable expenses.
Non-reimbursable expenses, include but
not limited to the following: computer
hardware and software costs, word
processing, Auto Cadd, progress prints,
etc.
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an
addition overhead factor which shall not exceed
ten percent (10%) of the cost of these services to
compensate CONSULTANT, for the procuring and
management of the sub-consultant, and for the
other financial and administrative costs.
Subcontractual services shall be approved by the
CITY in writing prior to performance of the
subcontractual work.
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C. Total compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost
listed upon each SERVICE AUTHORIZATION, without
written approval.
D. If the CITY determines that any price for
services, however calculated provided by the
CONSULTANT, including profit, negotiated in
connection with this AGREEMENT or any cost
reimbursable under this AGREEMENT was increased by
any significant sums because the CONSULTANT or any
subcontractor furnished incomplete or inaccurate
costs or pricing data, then such price or cost or
profit shall be reduced accordingly and the
SERVICE AUTHORIZATION shall be reduced accordingly
and the SERVICE AUTHORIZATION shall be modified in
writing to reflect such reduction.
VIII. PAYMENT
The CITY aqrees that it will use its best effort to pay
the CONSULTANT within thirty (30) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approval of the . CITY'S representative,
unless additional time for processing is required for
payments for basic services, subcontractual services,
and reimbursable expenses as defined in section VII.
The CONSULTANT shall submit monthly invoices, as
required in the SERVICE AUTHORIZATION, which shall
include a report of work completed during the
respective invoice period. Invoices shall be in a
format consistent with those shown in Exhibit C. The
report shall be adequate in detail to describe work
progress (% complete for each task) and written
summaries of work completed. No payment request shall
exceed the value of work and services performed by the
CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. Ownershio of Documents:
A set of reproducible mylar drawings, and C.A.D.
disks in a format compatible with CITY'S Computer
system, shall be given to the CITY. Details,
design calculations, and all other documents and
plans that result from the CONSULTANT'S SERVICES
under this AGREEMENT shall become and remain the
property of the CITY, including patent and
copyright rights, whether the project is completed
or not, and will be delivered to the CITY upon
demand. CONSULTANT reserves the right to retain a
copy of all such
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documents for record purposes. Where such
documents are required to be filed with
governmental agencies, the CONSULTANT will furnish
copies to the CITY upon request. The contract
work is represented by hard copy documentation;
software, is provided to the CITY for convenience
only.
B. CODies of Documents:
The CONSULTANT shall prepare sufficient copies of
all documents necessary to obtain approval through
the CITY'S processes, as well as other
governmental authorities. See also Section III
(C) (7) for additional requirements. The CITY
acknowledges that th~ materials cited in Paragraph
IX A. and other data provided in connection with
this AGREEMENT which are provided by the CONSUL-
TANT are not intended for use in connection with
any project other than the project for which such
materials are prepared. Any use by the CITY of
such materials in connection with a project other
than that for which such materials were prepared
without prior written consent and adaptation by
the CONSULTANT shall be at the CITY'S sole risk,
and the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
Without limitinq any of the other obliqations or
liabilities of the CONSULTANT, the CONSULTANT
shall, at his own expense, provide and maintain in
force, until all of its services to be performed
under this AGREEMENT have been completed and
accepted by the CITY (or for such duration as it
otherwise specified hereinafter), the fOllowing
insurance coverages:
1. Worker's Compensation Insurance to apply to
all of the CONSULTANT'S employees in
compliance with the "Worker's Compensation
Law" of the State of Florida and all
applicable Federal Laws.
A. Employer's Liability with limits of
$100,000 per person, $500,000 per occur-
rence and $100,000 per each disease.
2. Comprehensive General Liability with minimum
limits of One Million Dollars (Sl.000.000.00)
per occurrence combined sinqle limit for
Bodily Injury Liability and Property Damage
Liability. Coverage must be afforded on a
form no more restrictive than the latest
edition of the Comprehensive General
Liability policy, without
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restrictive endorsements other than ISO
Endorsement GL 21 06 (Engineers, Architects,
or Surveyors Professional Liability
exclusion) , as Filed by the Insurance
Services Office and must include:
a. Premises and/or Operations
b. Independent Contractors
c. Products and Completed Operations -
CONSULTANTS shall maintain in force
until at least three years after
completion of all services required
under this AGREEMENT, coverage for
Products and Completed Operations,
including Broad Form Property Damage.
d. Broad Form Property Damage
e. Contractual Coverage applicable to this
specific AGREEMENT.
f. Personal Injury Coverage with minimum
limits of coverage equal to those
required for Bodily Injury Liability.
3 . Business Automobile Liabili ty wi th minimum
limits of Three.Hundred Thousand Dollars
($ 300.000.00) per occurrence combined single
limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be
afforded on a form no more restrictive than
the latest edition of the Business Automobile
Liability policy, without restrictive
endorsements, as filed by the Insurance
Services Office and must include:
a. Owned Vehicles
b. Hired and Non-owned Vehicles
c. Employers' Non-Ownership
4. Professional Liability Insurance with minimum
limits of One Million Dollars
($ 1.000.000.00) per occurrence. Coverage
shall be afforded on a form acceptable to the
CITY. CONSULTANT shall maintain such
professional liability insurance until at
least one year after a certificate of
Occupancy is issued.
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5. Prior to commencement of services, the
CONSULTANT shall provide to the CITY
certificates of Insurance evidencing the
insurance coverage specified in the foregoing
Paragraphs C1, C2, C3, C4. All policies
covered within subparagraphs C1, C2, C3, C4,
shall be endorsed to provide the CITY with
thirty (30) days notice of cancellation
and/or restriction. The CITY shall be named
as an additional insured as to CONSULTANT'S
liability on policies referenced in
subparagraph C2. The required certificates of
Insurance shall not only name the types of
policies provided, but also shall refer
specifically to this AGREEMENT and section
and to the above paragraphs in accordance
with which insurance is being furnished, and
shall state that such insurance is as
required by such paragraphs of this
AGREEMENT. The CONSULTANT shall also make
available to the CITY a certified copy of the
professional liability insurance policy
required by paragraph 4 above for the CITY'S
review. Upon request, the CONSULTANT shall
provide copies of all other insurance
policies.
6. If the initial insurance policies required by
this AGREEMENT expire prior to the completion
of the services, renewal Certificates of
Insurance of policies shall be furnished
thirty (30) days prior to the date of their
expiration. For Notice of Cancellation
and/or Restriction; the policies must be
endorsed to provide the CITY with thirty (30)
days notice of cancellation and/or
restriction.
7. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional
Insured, shall apply on a primary basis.
D. Litiaation Services:
It is understood and agreed that CONSULTANT'S
services include reasonable participation in
litigation or dispute resolution arising from this
AGREEMENT. CONSULTANTS participation shall
include up to 30 hours of services related to
litigation or dispute resolution. Any such
services in excess of 30 hours shall be an
additional service.
E. Authoritv to Contract:
The CITY represents that it is a municipal
corporation with the authority to engage the
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CONSULTANT for professional services described in
the SERVICE AUTHORIZATIONS and to accept the
obligation for payment for the services described
in the SERVICE AUTHORIZATIONS.
F. Assignment:
The CITY and the CONSULTANT each binds itself and
its successors, legal representatives, and assigns
to the other party to this AGREEMENT and to the
partners, successors, legal representatives, and
assiqns of such other party, in respect to all
covenants of this AGREEMENT subject to budget
considerations and requirements of law; and,
neither the CITY nor the CONSULTANT will assign or
transfer their interest in this AGREEMENT without
the written consent of the other.
G. Confidential Information:
During all times that the CONSULTANT is employed
on behalf of the CITY and at all times subsequent
to the date of this contract, all discussions
between the CITY and the CONSULTANT and all
information developed or work products produced by
the CONSULTANT during . its employment and all
matters relevant to the business of the CITY not
otherwise being a matter of public record shall be
deemed to be conf idential. All such information
and work product shall be protected by the
CONSULTANT and shall not be revealed to other
persons without the express written permission of
the CITY, unless mandated by order of the court.
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms pursuant to the Florida Statutes
Consultant's competitive Negotiations Act during
the period of service of the CONSULTANT. The
CONSULTANT agrees to cooperate with the CITY and
other firms in accomplishing work that may require
joint efforts to accomplish the CITY'S goals.
This cooperation, when requested by the CITY, will
include but not be limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
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I. Subconsultants:
In the event the CONSULTANT, during the course of
the work under this AGREEMENT requires the
services of any subcontractors or other profes-
sional associates in connection with services
covered by this AGREEMENT, CONSULTANT must secure
the prior written approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto
the other, it must be given by written notice,
sent by registered united States mail, with return
receipt requested, addressed to the párty for whom
it is intended at the place last written, as the
place for giving of notice in compliance with the
provisions of this paragraph. For the present,
the parties designate the following as the
respective places of giving of notice to wit:
city of Delray Beach
City Manager
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
TOM R. KELLEY, P.E.
CHAIRMAN/SECRETARY TREASURER
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
200 EAST ROBINSON STREET STE 1560 ORLANDO FL 32801
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Neqotiation certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The oriqinal
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
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M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accountinq basis and shall be available to the CITY
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performinq the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, reqistered under the State of Florida
in the field for which he is responsible for perform-
inq such services. The project manaqer shall be
approved by the CITY under each SERVICE AUTHORIZA-
TION. Key project personnel will be identified for
each project and expected to perform the work assign-
ment as can reasonably be expected, and as approved
by the CITY.
o. Equal ocportunitv Emcloyment: Non-Discrimination:
CONSULTANT agrees that it will not discriminate
against employees or applicants for employment
because of race, creed, color, reliqion, sex, age,
handicapped status or national oriqin. Such action
shall include, but not be limited to, the following:
employment, upgradinq, demotion or transfer; recruit-
ment advertisinq; lay-off or termination; rates of
payor other forms of compensation; and selection for
traininq, includinq apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Aaainst continaent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentaqe, qift, or any other considera-
tion, continqent upon or resultinq from the award or
makinq of this AGREEMENT.
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Q. Termination:
This AGREEMENT may be terminated by either party by
seven (7) calendar days prior written notice; in the
event of substantial failure to perform in accordance
with the terms hereof by the other party through no
fault of the terminating party. The CONSULTANT and
the CITY shall also have a right to terminate this
AGREEMENT for convenience at any time by thirty (30)
calendar days written notice to either one or the
other. In the event the proj ect described in any
SERVICE AUTHORIZATION, or the services of the CONSUL-
TANT called for under any SERVICE AUTHORIZATION, is
or are suspended, canceled, or abandoned by the CITY,
the CONSULTANT shall be given five days prior written
notice of such action and shall be compensated for
the professional services provided and reimbursable
expenses incurred up to the date of suspension,
cancellation or abandonment. The CONSULTANT agrees
to provide all documents to the CITY (specifically
those referenced in paragraph IX.A. Further, prior
to the CONSULTANT'S destruction of any of the above-
referenced documents, the CITY shall be notified and
allowed a reasonable period to gain access to and
make copies of any such documents. Upon any termina-
tion of this AGREEMENT, the CONSULTANT agrees that it
shall use its best efforts to work harmoniously with
any successor who enters an AGREEMENT to provide
services for the CITY in order to provide for a
smooth transition period.
R. Indemnification:
The CONSULTANT will at all times indemnify, save and
hold harmless and defend the CITY, its officers,
agents (the term agents shall not include the
contractor(s), any subcontractors, any materialmen or
others who have been retained by the City or
Contractor, or materialmen to supply goods or
services to the project) and employees, from and
against all liability, any claim, demand, damage,
loss, expense or cause of action and costs (including
attorney's fees at trial or appellate levels) arising
out of error, omission, or negligent act of
CONSULTANT, its agents, servants or employees in the
performance of services under this agreement. The
CONSULTANT further agrees to indemnify, hold harmless
and defend the city, its officers, agents and
employees from and against any claim, demand or cause
of action arising out of any negligence or misconduct
of CONSULTANT for which the City, its agents,
servants or employees are alleged to be liable. The
indemnifications contained herein shall survive th~
expiration or earlier termination of this Agree~ent.
The above indemnification and hold harmless provisions shall not
be interpreted as requiring the Consultant to indemnify and hold
harmless the City or City's contractors for negligence of City or
City's contractors.
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The monetary limitation on the extent of the
CONSULTANT'S liability shall be one million dollars
($1,000,000.00). Nothing in this AGREEMENT shall be
deemed to affect the rights , privileges and
immunities of the CITY as set forth in Florida
statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGREEMENT
pertains or any other interest which would conflict
in any manner or degree with the performance of its
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
T. ComDliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the CITY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of building permit
issuance.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
u. Jurisdiction: Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State civil Courts of Palm
Beach County, Florida. Any dispute between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach county Court.
V. Attornev's Fees:
In the event a suit is filed in court arising out of
this agreement, then the prevailing party shall be
enti tIed to recover from the other party all costs
incurred, including reasonable attorney's fees,
including attorney's fees and costs on appeal.
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W. Internal DisDute Between Owner and Consultant:
The city Manager shall be the final decision maker
regarding internal disputes between CITY and CONSUL-
TANT.
x. Pro;ect Schedulina:
CONSULTANT shall provide scheduling to the city based
on the construction scheduling program PRIMAVERA and
provide the CITY, within ten (10) days of the date of
commencement as contained within the service author-
ization, a diskette with the proposed program sched-
ule. During the course of the work, CONSULTANT shall
provide monthly updates with a written description of
any changes in the schedule. The diskette shall be
in a format compa.tible with the CITY'S computer
system:
Y. Extent of Aqreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT may not
be amended, changed, modified, or otherwise altered
in any way, at any time after the execution hereof,
except by approval of the city commission and
CONSULTANT.
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its City Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA CONS
By: By:
MAYOR
ATTEST:
City Clerk
Approved as to Form: t<1;t;"ßI~ () ~
W1tness
City Attorney
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CORPORATE ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Orange
The foregoing instrument was acknowledged before me
this 14 day of April , 1995 by Tqm'R 1(pllpy
Chairman, SecretarY-Treasurer (name of off1cer or agent,
title of officer or agent), of Professional Enstineerin2 Consultants, Inc.
(name of corporation acknowledging),
a Florida (state or· place of incorporation)
corporation, on behalf of the corporation. He/S)œ{ is
(personally known to me) (or has produced identification)
Florida Driver's License (type of identification) (as
identification) and ~/did not) take an oath.
...~.~... OFFICIAL SEAL ~~
Signatur of Per n Taking
¡ ~ \ MARY K. HAYES Acknowledgment
: : My Commission Expires
.. .
~ t Jan. 2, 1997
..~~~.. Comm. No. CC 250453 Mary K. Hayes
...."...
Name of Acknowledger Typed,
Printed or Stamped
ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , by
(name of person acknowledged),
who is personally known to me or has produced
(type of identification) as
identification and who did (did not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
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·
ACKNOWLEDGMENT IF PARTNERSHIP
STATE OF
COUNTY OF
The foreqoinq instrument was acknowledqed before me
this day of , by
( name of acknowledqinq partner
or aqent) of ,
partner (or aqent) on behalf of .
(name of partnership) , a partnership. He/She 1S (per·sonally
known to me) (or has produced identification) .
(type of identification) (as
identification) and (did/did not) take an oath.
Siqnature of Person Takinq
Acknowledqment
Name of Acknowledqer Typed,
Printed or Stamped
31
,"
·
CITY OF DELRAY BEACH
EXHIBIT A (SAMPLE)
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
TITLE:
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract.
Title:
I. PROJECT DESCRIPTION
II. SCOPE OF SERVICES
III. BUDGET
IV. COMPLETION DATE
32
"
-
This service authorization is approved contingent upon the
ci ty' 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
Thomas E. Lynch Witness
Mayor
Witness
Attest: STATE OF
COUNTY OF
The foregoing instrument was
acknowledged before me this
Approved as to Legal _ day of ,-
Sufficiency and Form by title
(name of officer or agent,
of officer or agent),
(Name of corporation
ACknowledging), a
(state or place of
incorporation) corporation, on
behalf of the corporation.
He/She is (personally known to
me) (or has produced
identification)
( type of identification) (as
identification) and (did/did not)
take an oath.
Signature of Person Taking
Acknowledgement
Signature of Acknowledger Typed,
Printed or Stamped
33
" .
-
.
EXHIBIT B (SAMPLE)
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Mulitpler
Employer Category
Professionals -- Engineers, Architects, Planners, Economists,
Scientists, Hydrologists, Hydrogeologists, Geologists
Technicians -- Drafters, Graphic Artists, Computer, Surveyors,
cartographies, Construction Inspectors
Office Support
34
" .
.
:"tr
EXHIBIT C
SAMPLE SAMPLE -- COST NOT TO EXCEED FORMAT
INVOICE
City of Delrav Beach
Project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order # .
Period ending: .
LABOR
Class EmDloyee Name Rate Hours Amount
Subtotal Labor $
EXPENSES
Computer
Word processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
COST SUMMARY
Contract Amount $
Amount Earned This Period $
Amount Previously Earned
Amount Remaining $
35
"
.
.ÿ
EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
IøvOICB
City of Delrav Beach
project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order .
Period endinq .
Total Fee $
% Complete $
LeSS Previous Billinqs
Total Earned This Period $
TOTAL AMOUNT DUE THIS INVOICE $
36
" .
-
EXHIBIT B
,
PROFESSIONALS
Principal/Officer $32.00 - $38.00 $96.00 - $114.00
Sr. Project Manager $28.00 - $36.00 $84.00 - $108.00
Project Manager $24.00 - $30.00 $72.00 - $90.00
Sr. Engineer $20.00 - $28.00 $60.00 - $84.00
Engineer $16.00 - $25.00 $48.00 - $75.00
Sr. Designer $15.00 - $20.00 $45.00 - $60.00
Construction $60.00 - $75.00
Adminh:trator $20.00 - $25.00
Reg. Land Surveyor $20.00 - $32.00 $60.00 - $96.00
Survey Project Manager $15.00 - $24.00 $45.00 - $72.00
TECHNICIANS
CADD Designer $9.00 - $16.00 $27.00 - $48.00
Drafter $6.00 - $11.00 $18.00 - $33.00
Engineer Aide $6.00 - $12.00 $18.00 - $36.00
Resident Project
Representative $13.00 - $20.00 $39.00 - $60.00
Survey Crew (2-man) $18.00 - $26.00 $54.00 - $78.00
Silrvey Crew (3-man) $24.00 - $32.00 $72.00 - $96.00
OFFICE SUPPORT
Secretary $9.00 - $14.00 $27.00 - $42.00
Clerical Assistant $7.00 - $11.00 $21.00 - $33.00
Accounting Administrator $10.00 - $18.00 $30.00 - $54.00
,:ICUIIIDMD.IE»tIJln. TlIL(4-12- 95)
~t .
I AtÞttlUt. CERTÎFICATEOF'ÎÑSU-RANCE ISSUE:;T~~~~~/YYI !
I .,.
'PRODUCER THIS CERT1FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Ma rsh & McLennan, Inco rpo rat ed CONFERS NO RIGHTS UPON THE CERT1FICATE HOLDER. THIS CERT1FICATE DOES
ACEC B ine I NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
us ss nsurance I BELOW.
10 South Broadway
St. Louis, MO 63102 COMPANIES AFFORDING COVERAGE
COMPANY A
N 0000028446 LETTER
CE COMPANY
INSURED LET7ER B
Professional Eng. Cons., Inc. COMPANY
Att I Carolyn Maddox LETTER C
200 E. Robinson St. ~Y
Orlando, FL 32801 LETTER D HARTFORD INS. CO.
~~~~NY E
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PER1).IN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS
OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
-'-'------- ., -- . ----. -
CO POUCY EFFEcnve POUCY EXPIRATION
L'm TYPE OF INSURANCE POUCY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) UMITS
GENERAL UABIUTY GENERAL AGGREGATE $
___~MERCIAL GENEIW.I,.IABIUTY PROOUCTS-COMP/OP f>OO. $
CLAIMS MADE OCCUR. ÆRSONAI. , NN, IIUURY $ _ _ _
OWNER'S' CONTRACTOR'S PROT, EACH OCCURRENCE $
___ _____ __ __ ______ f!1E~(Anyone") __$_____
ME/). EXPENSE (Any one _I $
AUT!)MOBIU! UABIUTY COMBINED SINGLE $
; ANY AUTO UMIT . _ _
. _ AU.. OWNED AUTOS BODILY INJURY $
__ __ SCHEDULED AUTOS (Pw "-'-onl ____ _ _ _ __ __. _ _
, _ __ __ HIRED AUTOS BODILY INJURY $
__ NON-owNED AUTOS (Pw AccIdentI
-- -- GARAGE UABlUTY PROPERTY DAMAGE $
; EXCESS UABIUTY EACH OCCURRENCE $
: UMBRElLA FORM AGGREGATE $
I .. .. -.- -- -- _. -- -- -_.~ - ---'.'. .- - -. - --
J OTHER n-tAN UMBRElLA FORM X
' STATUTORY LIMITS
:D WORKER'SCOMPENSATlON 84WJAQ8065 11/01/94 11/01/95 EACHACCIDENT $ 500000
¡ AND - -- -- 500000- :
! DISEASE - POLICY UMIT $
I EMPLOYERS' UABIUTY 5 00 0 00
DISEASE - EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATlONSfLOCATlONSfVEHICLESfSPECIAL ITEMS
,
¡ CERT1FlCATE HOLDER CANCELLAT10N
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEF~'i THE
CITY OF DELRAY BEACH EXPIRATION DATE THEREOf, THE ISSUING COMPANY WILL!:fR~ MAIL
CITY MANAGER DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEn, ~
CITY OF DELRAY BEACH _
100 N.W. 1ST AVE.
. DELRAY BEACH. FL. 33444 '"'"""'......... - --.- ..
_ACCORD 25-8 (7/00) CACCORD CORPORATION 1990
,
..
CERTIFICATE OF INSURANCE: CSR BR 04 13 95
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Kuykendall-Trammell Agency CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
2702 East Robinson street POLICIES BELo.I.
Orlando, FL --......-...........................-..........----....-..--.-..----.-..---
32803 COMPANIES AFFORDING COVERAGE
PHONE 407-897-8500
-.....--.----------.-------.--.--.---------..-----.-- ----.......----.---.--....----.-..-.-..------..----..---..--.--------------
INSURED COMPANY LETTER A Aetna Casualty , surety Co
...-....--......--.-.........--.------....-....----..-.----.-.-.-.---.-----
Professional Engineering COMPANY LETTER B Wood' Company, Inc.
Consultants, Inc. .....-..........-..-.......---.........--...--.----..-.------.----.-.----..
200 E. Robinson st., S# 1560 COMPANY LETTER C
Orlando FL ...-....--.-..-.--.............--...--....-.-.--..-.----------.---.-.-----.
32801 COMPANY LETTER D
..................-...........-.-----....---.....-.-..........-............
COMPANY LETTER B
> COVERAGES <=======================================:=a===..=~=====::....a.._=::===::==::_:==:=::=:==:::===:=:==:==::::::==:==::=
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
--.....-..-.....-........-..--....-.-...-.....-...-...-..-..--.....-....-...-.--.-.-..........-....-..--.......----.-.....-......
CO TYPE OF INSURANCE POL I CY NUMBER POLICY EFF POLICY EXP LIMITS
lTR DATE DATE
.-- -...-----..--...-..-....-...-.. .-..........-.-.---...-.--- .-----....---.. ---........-.. .........----..-....-..-.-.--.--..
GENERAL LIABILITY GENERAL AGGREGATE 2,000,00
....--.---.-..-.--. -.-.-..-------
A £XI COMMERCIAL GEN LIABILITY GL24160029 05/15/94 05/15/95 PROD-COMP/OP AGG. 2,000,00
--....-....-...... .-.--.-...-..-
[ ] CLAIMS MADE [X] occ. PERS. & ADV. INJURY 1, 000, 00
.-------..-..--.-.- ......-.-...-.
[ ] OWNERS'S & CONTRACTOR'S EACH OCCURRENCE 1,000,00
PROTECTIVE ---.--......-..-.-- -.-.----....-.
FIRE DAMAGE
t ] (ANY ONE FIRE) 50,000
----.--.-----.---. .--.---.-..-.-
[ ] MED. EXPENSE
(ANY ONE PERSON) 5,000
.-. -.-...-.--.--------.----------- ----------.----.---.---.-.- .----..------.. .-.------..--- .-.....-..-..-..-.- ------.--.-.--
AUTOMOBILB LIAB COMB. SINGLE LIMIT 1,000, 00
.-.-.--.---.-.----- -.-.--.--.--.-
A £XI ANY AUTO PJ24160029 05/15/94 05/15/95 BODILY INJURY
[ ] ALL OWNED AUTOS (PER PERSON)
[ ] SCHEDULED AUTOS -..-.----.--.-..--. ..-...-..-.-.-
[ ] HIRED AUTOS BODILY INJURY
[ ] NON-OWNED AUTOS (PER ACCIDENT>
[ ] GARAGE LIABILITY -.....--..........- -.-.-..-.----.
[ ] PROPERTY DAMAGE
-.. .---.-.---.---.--.-----.-----.- -----.---.--..-..--.----... --..-.-.-..---. --.-.-.-----.. ...--.---..--.----- -----.---.--..
EXCESS LIABILITY EACH OCCURRENCE 2,000,00
B £XI UMBRELLA FORM OUL019484 05/15/94 05/15/95 --------.---.----.- ..-.----------
[ ] OTHER THAN UMBRELLA FORM AGGREGATE 2,000,00
..- -.--.---..-.-...--.----.------- ------------------.-------- -------------.- -------.------ ..----------..---.- ..-.------.-.-
WORKERS' COMP STATUTORY LIMITS
EACH ACCIDENT
AND DISEASE-POL. LIMIT
EMPLOYERS' LIAB DISEASE'EACH EMP.
--- ..--..-.-........----.--..-..-. -------.-----.---.-.---.-.- .------..-..--. -------------- .......--..-----.--------------.-.
OTHER
A Computer Equipment IZ24211297 05/15/94 05/15/95 Hardware 3679,206
Software 335,570
....--....-..-...--..-.-...-.---...-..-.-..-...-.-.....----..-.-..-..-..-.-..---...--.-...---.-..........---.--...-----.--.--.---
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
certificate Holder is added as an additional insured under the General
Liability policy with respect to work being performed by the insured.
> CERTIFICATE HOLDER <=================.=.=-...-....:> CANCELLATION <-.-.-..-.---..-.--.-.::..:.=...=..-..:.-:.=..-....-....::._-
- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEfORE THE EX'
. PIRATlOH DATE THEREOF, THE ISSUING COMPANY WIll ~ MAIL 30
. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IDIK
CITY OF DELRAY BEACH :
ENVIRONMENTAL SERVICES -
434 S SWINTON AVENUE
DELRAY BEACH FL
33444 =
_ACORD 25-s <7/90) Allen Trammel
-
..
CERTIFICATE OF INSURANCE: CSR BR 04 13 95
PROOUCER THIS CERTifiCATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND
Kuykendall-Trammell Aqency CONfERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
2702 East Robinson street POLICIES BELOW.
orlando, FL ......-..................................-..--.---.-........-.......--.----
32803 COMPANIES AFFORDING COVERAGE
PHONE 407-897-8500
___.___________________________._.._.__....._________ ._._a._._.___._._.____.___._...._______________.______.______.._.______.___
INSURED COMPANY LETTER A continental Casua1ty/CNA
....-.-.--.............-.........---.---..-----.--.-.-.-----...-...........
Professional Enqineerinq COMPANY LETTER B
Consultants, Inc. ....-.--..................--------.----...-.-.-..-.-.------.-.-....------.-
200 E. Robinson st., sl 1560 COMPANY lETTER C
Orlando FL ---.-.-------.....-......-.........-.----------..-.--..-----------.-.------
32801 COMPANY LETTER D
..-.....-----.---.....-.--..---.-.---...--------.----.-.-...-......-.-----.
COMPANY lETTER E
> COVERAGES <=====================================================a.....c=_=.======z._==_==========================.==..=s=======
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE lISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERlOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
------------------.-.-------------.--------------------.-.-.--------------.----------------------.-----------.-----------.------.
co TYPE OF INSURANCE POll CY NUMBER POLICY EFF POLICY EXP LIMITS
LTR DATE DATE
--- ------------------------------- --.--------------.------.-- --------------- -------------- ---------..------------.----------
GENERAL LIABILITY GENERAL AGGREGATE
-------------.----- --------------
[ ] COMMERCIAL GEN LIABilITY PROO-COMP/OP AGG.
------------------ --------------
[ ] CLAIMS MADE [ 1 OCC. PERS. & AnV. INJURY
------------------- ---------..---
[ ] OWNERS'S & CONTRACTOR'S EACH OCCURRENCE
PROTECTIVE ------------.------ --------------
FIRE DAMAGE
[ ] (ANY ONE FIRE)
e.___....________. ______._______
[ ] MED. EXPENSE
(ANY ONE PERSON)
--- ----------.--------.----------- --------------------------- ------.----.... .---...------- ------------------- ---.----------
AUTOMOBILE LIAB COMB. SINGLE LIMIT
_e______.______.___ ______________
[ ] ANY AUTO BOOILY INJURY
[ ] All OWNED AUTOS (PER PERSON)
[ ] SCHEDULED AUTOS ------.--------.-.- ----.---------
[ ] HIRED AUTOS BODILY INJURY
[ ] NON-OWNED AUTOS (PER ACCIDENT>
[ ] GARAGE LIABILITY ---.-.------------- -------.------
[ ] PROPERTY DAMAGE
___ _e._____e_________._________.__ ________.__._______________ ________.______ _______e______ _______________.___ ___.__________
EXCESS LIABILITY EACH OCCURRENCE
( ] UMBRELLA FORM ------------------- .------.------
[ ] OTHER THAN UMBREllA FORM AGGREGATE
--- ________e___._________.______._ __________.__.____.________ ______________. ____.___._____ _______.____.______ _____e________
WORKERS' COMP STATUTORY LIMITS
EACH ACCIDENT
AND DISEASE-POL. LIMIT
EMPLOYERS' LIAB DISEASE-EACH EMP.
--- -___._________________.________ ______________e___.________ ._.____e_.___._ ______________ ______.__________________________.
OTHER
A PROFESSIONAL LIAB. AAEl13820778 07/17/94 07/17/95 1,000,000PER CLAIM
DEDUCTIBLE- $75,000 1, 000, OOOAGGREGATE
-------_____.______________________.________________.________________e._____________________________________.____________________
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAl ITEMS
> CERTIFICATE HOLDER <..===:::.=::::=::.::::.::..:.::> CANCELLATION <=.....:...:...=.=....::.......=.............:.......:.....:.
· SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
· PIRATJON DATE THEREOF, THE ISSUING COMPANY WIll ~MAll 30
: DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ~
CITY OF DELRAY BEACH :
ENVIRONMENTAL SERVICES ·
434 S SWINTON AVENUE s---------------------------
DELRAY BEACH FL : AUTHORIZED REPRESENTATIV
33444 ·
_ACORD 25-S (7/90) Allen Trammell
.
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJi<1
SUBJECT: AGENDA ITEM # r¡.]: . - MEETING OF MAY 2, 1995
ENGINEERING SERVICES CONTRACT WITH ECKLER ENGINEERING
DATE: APRIL 28, 1995
This is before the Commission to approve an agreement with Eckler
Engineering for provision of General Civil/Sanitary Consulting
Services.
This contract will supercede the 1991 agreement, and will be the
basis for all future service authorizations to Eckler Engineer-
ing.
Recommend approval of the consulting agreement with Eckler
Engineering
-
·~ .
Agenda Item No. f J .
AGENDA REQUEST
Date: 04/25/95
Request to be placed on:
XX Regular Agenda
-- Special Agenda
Workshop Agenda When: 05/02/95
Description of item (who, wha t , where, how much) : Staff requests
Commission approval of an agreement for provision of General
Civil/Sanitary Consulting Engineering Services for Eckler Engineering.
This agreement will supersede the existing contract with Eckler dated
1991 and will be the basis for all future service authorizations to the
consultant.
ORDINANCE/RESOLUTION REQUIRED: Y~$/NO DRAFT ATTACHED Y~$/NO
Recommendation: Staff of agreement with Eckler
Engineering.
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 eM
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
,. r
.
.
;::;.' E. C: t. IV I~.
¡,PR 2 7 1995
CITY lì/V",-" '"
. '
MEMORANDUM
TO: David T. Harden
City Manager ~
FROM: Richard C. Hasko,
P.E.
Deputy Director of Public Utilities
SUBJECT: AGREEMENT FOR CONSULTING ENGINEERING
SERVICES, ECKLER ENGINEERING
DATE: April 26, 1995
Attached is an agenda request with a copy of the proposed
Agreement with Eckler Engineering for provision of General
Civil Consulting Engineering services to the City. This
contract will supersede the 1991 agreement and will be the
basis for all future service authorizations to Eckler
Engineering.
RCH: jem
c: William H. Greenwood
f: Eckler Engineering
-
·
,
, ~
AGREEMENT FOR ENGINEERING SERVICES
FOR
GENERAL CIVIL/SANITARY CONSULTING SERVICES
Consultant: ECKLER ENGINEERING
Date:
"
.
.
TABLE OF CONTENTS
~
I. Definitions; General Considerations 1
II. General Duties of Consultant 3
III. Duties of Consultant; study and Report
Phase through Construction
Phase and Resident Project
Representative Services Phase 4
A. Phase I - study and Report Phase 4
B. Phase II - Preliminary Design Phase 5
C. Phase III - Final Design Phase 6
D. Phase IV - Bidding/Negotiation Phase 7
E. Phase V - Contract Phase 8
F. Phase VI - Resident Project Representative Services 11
Phase
IV. Data and Services to be Provided by City 15
V. Time of Performance 16
VI. Agreement Period 16
VII. Compensation 17
VIII. Payment 17-19
IX. Miscellaneous Provisions 20
A. ownership of Documents 20
B. Copies of Documents 21
C. Insurance 21-22
D. Litigation Services 23
E. Authority to Contract 23
F. Assignment 24
G. Confidential Information 24
H. Non-Exclusive Contract 24
I. Sub-Consultants 25
J. Notices 25
K. Attachments 25
L. Truth-In Negotiation certificate 25
M. Records 26
N. Personnel 26
o. Equal Opportunity Employment; Non-Discrimination 26
P. Prohibition Against contingent Fees 26
Q. Termination 27
R. Indemnification 27
s. Interest of the Consultant 28
T. Compliance with Laws 28
u. Jurisdiction; Venue 28
"
·
I
AGREEMENT FOR ENGINEERING S~RVICES
THIS AGREEMENT, made and entered into this day
of , 19 , by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY", and
DONALD A. ECKLER, P.E.. d/b/a ECKLER ENGINEERING. a sole
proprietorship, ,
hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY has provided notice of the desired
professional services and carried out the proper selection
process pursuant to and in accordance with the Consultants
Competative Negotiation Act, and;
WHEREAS, the CITY represents that it is a Florida
Municipal corporation with the authority to engage the
CONSULTANT and accept the obligation for payment for the
services desired, and;
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, the CONSULTANT shall provide such
professional services in accordance with this AGREEMENT and
SERVICE AUTHORIZATION(S).
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
I. DEFINITIONS: GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented as set forth
by this AGREEMENT and by SERVICE AUTHORIZATIONS,
which are attached hereto and made a part hereof, and
as also may be added as approved by the CITY from
time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
1
..
I \
authorization is established in the CITY Code of
Ordinances with provisions for expenditure level of
approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for comple-
tion of the particular phase of the work by CONSUL-
TANT shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
work to be performed; the budget cost, complete with
an itemization of manhours, wage rates, reimbursable
expenses, and other related costs; schedule for
completion and name of project manager. The SERVICE
AUTHORIZATION shall be signed by the CITY and the
CONSULTANT'S authorized representative. A City
purchase order shall be issued wi th authorization
identifying funds and amount of expendi tures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. CONSTRUCTION COSTS shall be the total estimated cost
to the CITY of all elements of the project designed
or specified by the CONSULTANT. Construction costs
shall include the cost at current market rates of
labor and materials furnished by the Contractor and
equipment designed, specified, selected or specially
provided for by the CONSULTANT, plus a reasonable
allòwance for the contractor's overhead and profit.
In addition, a reasonable allowance for contingencies
shall be included for market conditions at the time
of bidding and for changes in the work during con-
struction. Construction cost does not include the
compensation of the CONSULTANT or CONSULTANT'S
subconsultants, the cost of the land, rights-of-way,
financing or other costs which are the responsibility
of the CITY. The CONSULTANT sha 11 use its best
judgment as a design professional familiar with the
construction industry in estimating the construction
cost.
D. PHASES: A phased approach may be utilized. The CITY
and the CONSULTANT shall have the right to negotiate
the terms of each phase as contained wi thin each
SERVICE AUTHORIZATION, and to reject any SERVICE
AUTHORIZATION, if the parties cannot agree to the
terms of the SERVICE AUTHORIZATION. In the event the
parties cannot agree, the CITY may select another
proposer or go out for additional proposals in order
to complete the subsequent phase(s) of the project.
This phased approach shall not waive the CITY'S right
to terminate the CONSULTANT'S contract during any
phase of the project.
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II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
D. The CITY shall establish a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the CITY, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the final design phase of the project;
however, nothing contained herein shall require the
CONSULTANT to bear additional costs if the additional
costs are a resul t of a change in the scope of
services directed by the CITY.
E. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT'S designs, drawings, specifications,
reports and other services, the CONSULTANT shall,
without additional compensation, correct or revise
said errors or omissions to the satisfaction of the
CITY.
F. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services
or materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
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technical adequacy of its work. The CITY I S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
G. The CONSULTANT designates Donald A. Eckler , as its
representative to act as liaison with the CITY. The
representative shall manage and coordinate CITY
projects and is hereby authorized to act on behalf of
the' CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter
with respect to performance of services for the CITY
in accordance with the AGREEMENT. Any change to name
another person shall be requested in writing to the
CITY, and shall be approved by the CITY.
H. CONSULTANT shall attend all meetings, as specified or
as defined in each SERVICE AUTHORIZATION of the CITY
commission or any CITY approval Board, where the
project is discussed, unless the City's representa-
tive declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all additional meetings as may be required to
facilitate the project.
III. DUTIES OF CONSULTANT; STUDY AND REPORT PHASE THROUGH
CONSTRUCTION PHASE AND RESIDENT PROJECT
REPRESENTATIVE SERVICES PHASE
The following Duties of CONSULTANT are separated into
phases of the project which if approved via SERVICE AUTHORIZA-
TIONS shall be performed by the CONSULTANT. The CITY may
require SERVICE AUTHORIZATIONS which contain additional re-
quirements applicable to the project. The CITY must authorize
through SERVICE AUTHORIZATIONS, the commencement of each phase
of the work.
A. Phase I - Study and Report Phase
If the Study and Report Phase is authorized, the
following requirements shall apply.
(1) The CONSULTANT shall consult with the CITY to
clarify and define the CITY'S requirements for
the project and review available data.
(2) The CONSULTANT shall advise the CITY as to the
necessity of the CITY I S providing or obtaining
from others, data or services.
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(3) The CONSULTANT shall identify and analyze permit
and approval requirements of all governmental
authorities having jurisdiction to approve the
design of the Project and participate in
consultations with such authorities.
(4) The CONSULTANT shall provide analyses of the
CITY'S needs, planning surveys, site evaluations
and comparative studies of prospective sites and
solutions.
(5) The CONSULTANT shall provide a general economic
analysis of Owner's requirements applicable to
various alternatives.
(6) The CONSULTANT shall prepare a Report containing
schematic layouts, sketches and conceptual
design criteria with appropriate exhibits to
indicate clearly the considerations involved
(including applicable requirements of governmen-
tal authorities having jurisdiction as afore-
said) and the alternative solutions available to
the CITY and setting forth CONSULTANT'S findings
and recommendations. This Report will be
accompanied by CONSULTANT'S pre-design estimate
of probable costs for the Project, including,
but not limited to the following which will be
separately itemized: Construction Cost, allow-
ance for engineering costs and contingencies
allowances for such other items, such as charges
of all other professionals and consultants, for
the cost of land and rights-of-way, for
compensation for or damages to properties, and
for permit, review and/or approval fees by other
governmental agencies, if required. The CONSUL-
TANT shall also provide a preliminary evaluation
of the City's Project Schedule. The City's
Project Schedule and probable construction costs
shall be evaluated and updated throughout
subsequent phases of the work.
(7) The CONSULTANT shall furnish the number of
copies of the Study and Report documents as
provided in the SERVICE AUTHORIZATION and review
them with the CITY.
B. Phase II - Preliminary Design Phase
If the Preliminary Design Phase is authorized, the
following requirements will apply:
(1) The CONSULTANT, in consultation with the CITY
shall determine the general scope, extent and
character of the Project.
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(2) Prepare Preliminary Design documents consisting
of final design criteria, preliminary drawings,
outline specifications and written descriptions
of the Project.
(3) Advise the CITY if additional data or services
are necessary and assist the CITY in obtaining
such data and services.
(4) Furnish the specified number of copies of the
above Preliminary Design documents as contained
within the SERVICE AUTHORIZATION and present and
review them with the CITY.
(S) The CONSULTANT shall submit to the CITY a
preliminary estimate of construction costs based
on current area, volume or other unit costs,
which shall be updated throughout the design
development phase.
(6) The CONSULTANT shall prepare a development
schedule, which shall include, but shall not be
limited to, the review and approval times by all
governmental agencies as may be required.
(7) The ·CONSULTANT shall make available all design
calculations and associated Data, and partici-
pate in meetings in which Value Engineering
Analysis of the project takes place, at such
times and places as shall be determined by the
CITY.
C. Phase III. Final Design Phase.
If the Final Design Phase is authorized, the
following requirements shall apply:
(1) The CONSULTANT shall prepare construction
documents which shall include but not be limited
to drawings and technical specifications,
general and supplementary conditions, bid forms,
invitations to bid, instructions to bidders,
with technical criteria, descriptions and design
data necessary for permitting by governmental
authorities, and shall include any further
adjustments in the scope or quality of the
project or in the construction budget authorized
by the CITY.
(2) The CONSULTANT shall in the preparation of
construction documents, technical criteria,
written descriptions and design data, take into
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account all currently prevailing codes and
regulations governing construction in the city
of Delray Beach, Florida, and shall meet the
requirements of all other agencies or govern-
mental authorities having jurisdiction over the
project.
(3) The CONSULTANT shall prepare a detailed opinion
of probable cost in accordance with paragraph
I.C., which shall be reviewed by the CITY prior
to going out for bids.
( 4) The CONSULTANT shall provide the required
documents and attend meetings as necessary, for
the approval of governmental boards, agencies or
authorities having jurisdiction over the
project.
(5) The CONSULTANT shall use bid documents provided
by the CITY including bidding forms, conditions
of the contract, and form of AGREEMENT between
the CITY and CONTRACTOR.
(6) The CONSULTANT shall prepare all documents
including design and plan revisions required for
the approval of governmental authorities having
jurisdiction over the project. Said approvals
are required prior to the public notice for the
Invitation to aid and submission of applications
therefore are the responsibility of the
CONSULTANT.
(7) The CONSULTANT shall provide the CITY the number
of copies of contract documents as specified in
the service authorization.
D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following
requirements shall apply:
(1) The CONSULTANT shall assist the CITY in obtain-
ing bids or negotiated proposals, assist in
awarding and preparing contracts for construc-
tion, attend pre-bid conferences, prepare
addenda, provide written recommendation of
award, assist in the compilation/preparation of
contract documents, and after the award assist
the City in securing the required bonds and
certificates of insurance, and in the review of
the contract documents for completeness.
(2) The CONSULTANT shall attend the bid opening,
prepare bid tabulation sheets and assist the
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CITY in evaluating bids or proposals and in
assembling and awarding contracts for
construction, materials, equipment and services.
(3) The CONSULTANT shall issue addenda as appro-
priate to interpret, clarify or expand the
Bidding Documents.
(4) The CONSULTANT shall consult with and advise the
CITY as to the acceptability of subcontractors,
suppliers and other persons and organizations
proposed by the prime contractor(s) (herein
called CONTRACTOR(S» for those portions of the
work as to which such acceptability is required
by the Bidding Documents.
(5) Consul t with the CITY concerning and determine
the acceptability of substitute materials and
equipment proposed by CONTRACTOR(S) when substi-
tution prior to the award of contracts is
allowed by the Bidding Documents.
E. Phase V - Construction Phase
If Contract Administration is authorized, the follow-
ing requirements shall apply:
(1) The CONSULTANT shall provide administration of
the contract for construction as set forth
herein and as contained within the general
conditions of the contract for construction.
(2) The CONSULTANT shall be a representative of and
shall advise and consult with the CITY during
construction and until final payment to the
contractor is due. The CONSULTANT shall have
authority to act on behalf of the CITY only to
the extent provided in this AGREEMENT and as
provided in the contract for construction unless
otherwise modified by written instrument.
(3) The CONSULTANT shall visit the site at regular
intervals appropriate to the stage of construc-
tion or as otherwise agreed to by the CITY and
the CONSULTANT, in writing, to become generally
familiar with the progress and quality of the
work completed and shall determine in general if
the work is being performed in a manner indicat-
ing that the work when completed will be in
accordance wi th the contract documents. The
CONSULTANT shall be required to make on-site
observations to review the work. The CONSULTANT
shall keep the CITY informed of the progress and
quality of the work and shall provide certifi-
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cation to the CITY of satisfactory completion of
all phases of the work in compliance with the
plans, specifications, and/or approved changes
or modifications thereto.
(4) The CONSULTANT shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques,
sequences or procedures of construction or for
safety precautions and programs in connection
with the work, since these are solely the
CONTRACTOR'S res·ponsibili ty under the contract
for construction. The CONSULTANT shall make
every reasonable effort to ensure that the
CONTRACTOR completes the work in accordance with
the current approved schedule and carries out
the work in accordance with the Contract
documents.
(5) The CONSULTANT based on observations and evalua-
tions of CONTRACTOR'S applications for payment,
shall review and certify the amounts due the
CONTRACTOR.
(6) The CONSULTANT'S certification for payment shall
constitute a representation to the CITY, based
on the CONSULTANT'S observations at the site as
provided herein and on the data comprising the
CONTRACTOR'S application for payment, that the
work has progressed to the point indicated and
that, to the best of the CONSULTANT'S knowledge,
information, and belief, the quality and quanti-
ty of the work is in accordance with the con-
tract documents. The foregoing representations
are subject to an evaluation of the work for
conformance with the contract documents upon
substantial completion, to results of subsequent
tests and inspections, to minor deviations from
the contract documents, correctable prior to
completion and to specific qualifications
expressed by the CONSULTANT. The issuance of
the certificate of payment shall further consti-
tute a representation that the CONSULTANT has
made observations to review the quality or
quantity of the work."
(7) The CONSULTANT shall recommend disapproval or
rejection of CONTRACTOR'S work to the CITY which
does not conform to the contract documents. The
CONSULTANT will have authority to require
additional inspection or testing of the work in
accordance with the provisions of the contract
documents, whether or not such work is
fabricated, installed or completed.
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(8) The CONSULTANT shall review and approve or take
other appropriate action upon CONTRACTOR'S
submittals such as shop drawings, product data,
and samples for the purpose of checking for
conformance with information given and the
design concept expressed in the contract docu-
ments. The CONSULTANT shall evaluate and
determine the acceptability of substitute
materials and equipment proposed by CONTRACTORS.
. (9) The CONSULTANT shall prepare change orders and
construction change directives with supporting
documentation and data if deemed necessary by
the CONSULTANT, for the CITY'S approval and
execution in accordance with the contract
documents, and may authorize minor changes in
the work not involving an adjustment in the
contract sum or an extension of the contract
time which is consistent with the intent of the
contract documents.
(10) The CONSULTANT shall conduct inspections to
determine the date or dates of substantial
completion and the date of final completion,
shall receive and forward to the CITY for the
CITY'S review and records, written warranties
and related documents required by the contract
documents and assembled by the CONTRACTOR and
shall issue a final certificate for payment upon
compliance with the requirements of the contract
documents.
(11) The CONSULTANT shall interpret matters concern-
ing performance of the CITY and CONTRACTOR under
the requirements of the contract documents on
written request of either the CITY or
CONTRACTOR. The CONSULTANT'S response to such
requests shall be made with reasonable prompt-
ness and within any time limits agreed upon.
(12) Interpretations of the CONSULTANT shall be
consistent with the intent of and reasonably
inferable from the contract documents and shall
be in writing or in the form of drawings. When
making such interpretations, the CONSULTANT
shall endeavor to secure faithful performance by
both the CITY and the Contractor.
(13) The CITY shall be the final arbiter on matters
relating to aesthetics.
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(14) The CONSULTANT shall render written interpreta-
tions wi thin a reasonable time on all internal
disputes between the CITY and CONTRACTOR relat-
ing to the execution of the progress of the work
as provided in the contract documents.
(15) The CONSULTANT'S interpretations on interna¡
disputes are not binding on the CITY and the
CITY may result to remedies afforded by this
contract to resolve the issue.
(16) The CONSULTANT shall provide the number of sets
of the construction documents to the CONTRACTOR
as specified in the SERVICE AUTHORIZATION.
(17) Upon completion of construction the CONSULTANT
shall provide to the CITY, three sets of record
drawings, siqned and sealed, plus one set of
mylars incorporating as built conditions and
other data furnished by contractor(s) to
CONSULTANT.
(18) In company with the City, the CONSULTANT shall
visit the Project to observe any apparent
defects in the completed construction, assist
the CITY in consultations and discussions with
CONTRACTOR(S) concerning correction of such
deficiencies, and make recommendations as to
replacement or correction of defective work.
F. Phase VI - Resident Project Representative Services
Phase
If the Resident Project Representative Services Phase
is authorized the following requirements shall apply:
A. A Resident Project Representative will be
assigned to assist CONSULTANT in carrying out
his responsibilities to CITY at the site.
Resident Project Representative is CONSULTANT'S
agent at site, will act as directed by and under
the supervision of CONSULTANT, and will confer
with CONSULTANT regarding Resident Representa-
tive's actions. Resident Representative's
dealing in matters pertaining to the on-site
work shall in general be with CONSULTANT and
CONTRACTOR keeping the CITY advised as neces-
sary. Resident Project Representative's deal-
ings with subcontractors shall only be through
or with the full knowledge and approval of
CONTRACTOR. Resident project Representative
shall generally communicate with the CITY with
the knowledge of and under the direction of
CONSULTANT.
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B. Resident Project Representative shall where
applicable:
1. Review the progress schedule, schedule of
Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult
with CONSULTANT concerning its general
acceptability.
2. Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress
meetings, job conferences and other
proj ect-related meetings, and prepare and
circulate copies of minutes thereof.
3. Working principally through CONTRACTOR'S
superintendent, assist CONSULTANT in
serving as the City's liaison with CONTRAC-
TOR, when CONTRACTOR'S operations affect
the CITY'S on-site operations.
4. Assist in obtaining from the CITY addition-
al details or information, when required
for proper execution of the Work.
5. Record date of receipt of Shop Drawings and
samples.
6. Receive samples which are furnished at the
site by CONTRACTOR, and notify the CONSUL-
TANT of availability of samples for exami-
nation.
7. Advise the CONSULTANT and CONTRACTOR of the
commencement of any Work requiring a Shop
Drawing if the submittal has not been
approved by the CONSULTANT.
8. Conduct on-site observations of the Work in
progress to assist the CONSULTANT in
determining if the Work is, in general,
proceeding in accordance with the Contract
Documents.
9. Report to the CONSULTANT whenever Residen-
tial project Representative believes that
any Work is unsatisfactory, faulty or
defective or does not conform to the
Contract Documents, or has been damaged, or
does not meet the requirements of any
inspection, test or approval required to be
made i and advise the CONSULTANT of Work
that Resident Project Representative
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believes should be uncovered for observa-
tion, or requires special testing, inspec-
tion or· approval. Nothing herein shall
relieve the CONTRACTOR or the CONSULTANT
from the duties imposed by the contract.
10. Verify that tests, equipment and systems
startups, and operating and maintenance
training are conducted in the presence of
appropriate personnel, and that CONTRACTOR
maintains adequate records thereof; and
observe, record and report to the CONSUL-
TANT appropriate details relati ve to the
test procedures and startups.
~1. Accompany visiting inspectors representing
public or other agencies having jurisdic-
tion over the Project, record the results
of these inspections and report to the
CONSULTANT.
12. Report to CONSULTANT when clarifications
and interpretations of the Contract Docu-
ments are needed and transmit to CONTRACTOR
clarifications and interpretations as
issued by the CONSULTANT.
13. Consider and evaluate CONTRACTOR'S sugges-
tions for modifications in Drawings or
Specifications and report with Resident
Project Representative's recommendations to
the CONSULTANT. Transmit to CONTRACTOR
decisions as issued by the CONSULTANT.
14. Maintain at the job site orderly files for
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions of
original Contract Documents including all
Work Directive Changes, Addenda, change
Orders, Field Orders, additional Drawings
issued subsequent to the execution of the
Contract, CONSULTANT'S clarifications and '
interpretations of the Contract Documents,
progress reports, and other Project related
documents.
15. Keep a diary or log book, re·cording CON-
TRACTOR hours on the job site, weather
conditions, data relative to questions of
Work Directi ve Changes, Change Orders or
changed condi tions, list of j ob site
visitors, daily activities, decisions,
observations in general, and specific
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observations in more detail as in the case
of observing test procedures; and send
copies to the CONSULTANT.
16. Record all names, addresses and telephone
numbers of the CONTRACTOR, all subcontrac-
tors and major suppliers of material and
equipment.
17. Furnish the CONSULTANT periodic reports as
required of progress of the Work of the
CONTRACTOR's compliance- wi th the progress
schedule and schedule of Shop Drawing and
sample submittals.
18. Consul t with the CONSULTANT in advance of
schedule major tests, inspections or start
of important phases of the Work.
19. Draft proposed Change Orders and Work
Directive Changes, obtaining backup materi-
al from CONTRACTOR and recommend to the
CONSULTANT, change Orders, Work Directive
Changes, and Field Orders.
20. Report immediately to the CONSULTANT and
the CITY upon the occurrence of any acci-
dent.
21. Review applications for payment with
CONTRACTOR for compliance with the estab-
lished procedure for their submission and
forward with recommendations to the CONSUL-
TANT, noting particularly the relationship
of the payment requested to the schedule of
values, Work completed and materials and
equipment delivered at the site but not
incorporated in the Work.
22. During the course of the work, verify that
certificates, maintenance and operation
manuals and other data required to be
assembled and furnished by CONTRACTOR are
applicable to the items actually installed
and in accordance with the Contract Docu-
ments, and have this material delivered to
the CONSULTANT for review and forwarding to
CITY prior to final payment for the Work.
23. Before the CONSULTANT issues a Certificate
of Substantial Completion, submit to
CONTRACTOR a list of observed items requir-
ing completion or correction.
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24. Conduct final inspection in the company of
the CONSULTANT, the CITY and the CONTRACTOR
and prepare a final list of items to be
completed or corrected.
25. Observe that all items on final list have
been completed or corrected and make
recommendations to the CONSULTANT concern-
ing acceptance.
C. The Resident Project Representative shall not:
1- Authorize any deviation from the Contract
Documents or substitution of materials or
equipment.
2. Exceed limitations of the CONSULTANT'S
authority as set forth in the Contract
Documents.
J. Undertake any of the responsibilities of
CONTRACTOR, subcontractors, or CONTRACTOR's
superintendent.
4. Advise on, issue directions relative to or
assume control over any aspect of the
means, methods, techniques, sequences or
procedures of construction unless such
advice or directions are specifically
required by the Contract Documents.
5. Advise on, issue directions regarding or
assume control over safety precautions and
programs in connection with the Work.
6. Accept Shop Drawing or sample submittals
from anyone other than CONTRACTOR.
7. Authorize the CITY to occupy the Project in
whole or in part.
8. Participate in specialized field or labora-
tory tests or inspections conducted by
others except as specifically authorized by
the CONSULTANT.
IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
information as the CONSULTANT and CITY mutually
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deem necessary and which are under control of
the CITY.
B. Other da ta and services to be agreed upon in
subsequent SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
D. The City Manager or his designee shall act as
the CITY'S representati ve wi th respect to the
work to be performed under this AGREEMENT. The
City Manager or his designee shall have the
authority to the extent authorized by the City
Charter and Code of Ordinances to exercise the
rights and responsibilities of the CITY provided
in this contract. Said authority may include
but is not limited to: transmit instructions,
stop work, receive information, interpret CITY'S
policies and decisions with respect to materi-
als, equipment, elements, and systems pertinent
to the services covered by this AGREEMENT.
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after
issuance of a notice to proceed.
B. The CONSULTANT'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION. If
the CONSULTANT'S services are unreasonably delayed by
the CITY in excess of 180 days, the time of perfor-
mance and compensation shall be renegotiated, provid-
ed; however, the CONSULTANT as a condition precedent
to renegotiation shall notify the CITY within fifteen
( 15) calendar days from the end of the delay of
CONSULTANT'S proposed addi tional costs incurred by
reason of said delay.
VI. AGREEMENT PERIOD
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each SERVICE
AUTHORIZATION shall delineate a time for completion of the
service to be rendered.
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VII. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION
in accordance with a negotiated lump sum, or a not
to exceed budgeted amount based on time charges
which are based upon hourly rates, plus
reimbursable expenses if compensation is based on
Method II and other related costs as are specified
in the SERVICE AUTHORIZATION.
1. METHOD 1 - LUMP SUM
LumD Sum Amount. Wherever possible, the scope of
services for Services, Projects or Programs shall
be thoroughly defined and outlined prior to its
authorization. The CITY and CONSULTANT shall
mutually agree to a lump sum amount for services
to be rendered and a detailed scope of services.
Should the CITY deem that a change in the scope of
services is appropriate, then a decrease or
increase in compensation shall be authorized in
wri ting. In lump sum contracts, the CONSULTANT
shall submit the estimated man hours, wage rates
and other actual unit costs supporting the
compensation. The CONSULTANT shall submit a truth
in negotiation certificate stating that all data
supporting the compensation is accurate, complete
and current at the time of contracting.
2. METHOD II - TIMES CHARGES/NOT TO EXCEED
BUDGETED AMOUNT
ComDutation of Time Charaes/Not to
Exceed Amount. When a service is to be
compensated for on a time charge/not to
exceed basis, the CONSULTANT will submit
a not to exceed budget cost to the CITY
for prior .approval based on actual time
charges which shall not exceed
established hourly rates as shown in
Exhibit B attached hereto, plus reim-
bursable expenses and other related
costs. The CITY shall not be obligated
to reimburse the CONSULTANT for costs
incurred in excess of the not to exceed
cost amount.
a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based
upon the actual personnel's raw hourly
salary rates as shown in Exhibit B for
services rendered on CITY proj ects
multiplied by an overhead factor which
shall not exceed 3.0. Maximum
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permissible profit included in the
overhead factor shall not exceed ten
percent (10%) . The overhead factor may
be subject to audit. The schedule of
hourly rates as set forth in Exhibit B
is attached hereto and made a part
hereof. The rates listed in Exhibit B
may be adjusted upon AGREEMENT of the
parties.
b. In addition, the CITY shall pay for
reimbursable expenses invoiced at the
actual cost of expenditures incurred by
the CONSULTANT if provided in the
SERVICE AUTHORIZATION as follows:
(1) Identifiable transportation
expenses in connection with
the Project, subject to the
limitations of section
112.061, Florida statutes.
Transportation expenses to
locations outside the Dade-
Broward-Palm Beach-Martin
County area or from locations
outside the Dade-Broward-Palm
Beach-Martin County area will
not be reimbursed unless
specifically pre-authorized in
the Service Authorization.
(2) Identifiable per diem, meals
and lodgings, taxi fares and
miscellaneous travel-connected
expenses for CONSULTANT's
personnel subject to the
limitations of section 112.061
Florida Statutes. Meals for
travel inside Dade-Broward-
Palm Beach-Martin County will
not be reimbursed. Meals and
lodging expenses will not be
reimbursed for temporarily
relocating CONSULTANT'S
employees from one of
CONSULTANT'S offices to
another office if the employee
is relocated for more than ten
(10) consecutive working days.
. LOdging will be reimbursed
only for room rates equivalent
to Holiday Inn, Howard Johnson
or Ramada Inn.
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(3) Actual cost of identifiable
courier and express mail
services.
(4) Actual expense of
reproductions, of Drawings and
specifications for bidding and
contract execution including
duplicate sets at the
completion of each SERVICE
AUTHORIZATION for the CITY'S
review and approval.
(5) Actual expenses of testing,
laboratory services, and field
equipment.
(6) Actual expense of overtime
work requiring higher than
regular rates, when authorized
by the CITY.
(7) Actual cost of all permit fees
paid to regulatory agencies
for approvals directly
attributable to the Project.
These permit fees do not
include those permits required
for the construction
contractor.
Reimbursable subconsultant expenses are
limited to the items described above
when the subconsultant agreement
provides for reimbursable expenses.
Non-reimbursable expenses, include but
not limited to the following: computer
hardware and software costs, word
processing, Auto Cadd, progress prints,
etc.
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an
addition overhead factor which shall not exceed
ten percent (10%) of the cost of these services to
compensate CONSULTANT, for the procuring and
management of the sub-consultant, and for the
other financial and administrative costs.
Subcontractual services shall be approved by the
CITY in writing prior to performance of the
subcontractual work.
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C. Total compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost
listed upon each SERVICE AUTHORIZATION, without
written approval.
D. If the CITY determines that any price for
services, however calculated provided by the
CONSULTANT, including profit, negotiated in
connection with this AGREEMENT or any cost
reimbursable under this AGREEMENT was increased by
any significant sums because" the CONSULTANT or any
subcontractor furnished incomplete or inaccurate
costs or pricing data, then such price or cost or
profit shall be reduced accordingly and the
SERVICE AUTHORIZATION shall be reduced accordingly
and the SERVICE AUTHORIZATION shall be modified in
writing to reflect such reduction.
VIII. PAYMENT
The CITY agrees that it will use its best effort to pay
the CONSULTANT within thirty (30) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approval of the CITY'S representative,
unless additional time for processing is required for
payments for basic services, subcontractual services,
and reimbursable expenses as defined in section VII.
The CONSULTANT shall submit monthly invoices, as
required in the SERVICE AUTHORIZATION, which shall
include a report of work completed during the
respective invoice period. Invoices shall be in a
format consistent with those shown in Exhibi t C. The
-report shall be adequate in detail to describe work
progress (% complete for each task) and written
summaries of work completed. No payment request shall
exceed the value of work and services performed by the
CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. OwnershiDof Documents:
A set of reproducible mylar drawings, and C.A.D.
disks in a format compatible with CITY'S Computer
system, shall be given to the CITY. Details,
design calculations, and all other documents and
plans that result from the CONSULTANT'S SERVICES
under this AGREEMENT shall become and remain the
property of the CITY, including patent and
copyright rights, whether the project is completed
or not, and will be delivered to the CITY upon
demand. CONSULTANT reserves the right to retain a
copy of all such
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documents for record purposes. Where such
documents are required to be filed with
governmental agencies, the CONSULTANT will furnish
copies to the CITY upon request. The contract
work is represented by hard copy documentation;
software, is provided to the CITY for convenience
only.
B. CODies of Documents:
The CONSULTANT shall prepare sufficient copies of
all documents necessary to obtain approval through
the CITY'S processes, as well as other
governmental authorities. See also Section III
(C) (7) for additional requirements. The CITY
acknowledges that the materials cited in Paragraph
IX A. and other data provided in connection with
this AGREEMENT which are provided by the CONSUL-
TANT are not intended for use in connection with
any project other than the project for which such
materials are prepared. Any use by the CITY of
such materials in connection with a project other
than that for which such materials were prepared
without prior written consent and adaptation by
the CONSULTANT shall be at the CITY'S sole risk,
and the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
wi thout limi ting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT
shall, at his own expense, provide and maintain in
force, until all of its services to be performed
under this AGREEMENT have been completed and
accepted by the CITY (or for such duration as it
otherwise specified hereinafter), the following
insurance coverages:
1. Worker's Compensation Insurance to apply to
all of the CONSULTANT'S employees in
compliance with the "Worker's compensation
Law" of the State of Florida and all
applicable Federal Laws.
A. Employer's Liability with limits of
$100,000 per person, $500,000 per occur-
rence and $100,000 per each disease.
2. Comprehensive General Liability with minimum
limits of One Million Dollars lSl.000.000.00}
per occurrence combined single limit for
Bodily Injury Liability and Property Damage
Liability. Coverage must be afforded on a
form no more restrictive than the latest
edition of the Comprehensive General
Liability policy, without
21
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restrictive endorsements other than ISO
Endorsement GL 21 06 (Engineers, Architects,
or Surveyors Professional Liability
exclusion) , as Filed by the Insurance
Services Office and must include:
a. Premises and/or operations
b. Independent Contractors
c. Products and Completed Operations -
CONSULTANTS shall maintain in force
until at least three years after
completion of all services required
under this AGREEMENT, coverage for
Products and Completed Operations,
including Broad Form Property Damage.
d. Broad Form Property Damage
e. Contractual Coverage applicable to this
specific AGREEMENT.
f. Personal Injury Coverage with minimum
limits of coverage equal to those
required for Bodily Injury Liability.
3. Business Automobile Liability with minimum
limits of Three Hundred Thousand Dollars
($ 300.000.00) per occurrence combined single
limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be
afforded on a form no more restrictive than
the latest edition of the Business Automobile
Liability policy, without restrictive
endorsements, as filed by the Insurance
Services Office and must include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
4. Professional Liability Insurance with minimum
limits of One Million Dollars
($ 1.000.000.00) per occurrence. Coverage
shall be afforded on a form acceptable to the
CITY. CONSULTANT shall maintain such
professional liability insurance until at
least one year after a certificate of
Occupancy is issued.
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5. Prior to commencement of services, the
CONSULTANT shall provide to the CITY
certificates of Insurance evidencing the
insurance coverage specified in the foregoing
Paragraphs C1, C2, C3, C4. All policies
covered within subparagraphs C1, C2, C3, C4,
shall be endorsed to provide the CITY with
thirty (30) days notice of cancellation
and/or restriction. The CITY shall be named
as an additional insured as to CONSULTANT'S
liability on policies referenced in
subparagraph C2. The required certificates of
Insurance shall not only name the types of
policies provided, but also shall refer
specifically to this - AGREEMENT and section
and to the above paragraphs in accordance
with which insurance is being furnished, and
shall state that such insurance is as
required by such paragraphs of this
AGREEMENT. The CONSULTANT shall also make
available to the CITY a certified copy of the
professional liability insurance policy
required by paragraph 4 above for the CITY'S
review. Upon request, the CONSULTANT shall
provide copies of all other insurance
policies.
6. If the initial insurance policies required by
this AGREEMENT expire prior to the completion
of the services, renewal certificates of
Insurance of policies shall be furnished
thirty (30) days prior to the date of their
expiration. For Notice of Cancellation
and/or Restriction; the policies must be
endorsed to provide the CITY with thirty (30)
days notice of cancellation and/or
restriction.
7. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional
Insured, shall apply on a primary basis.
D. Litiqation Services:
It is understood and agreed that CONSULTANT'S
services include reasonable participation in
litigation or dispute resolution arising from this
AGREEMENT. CONSULTANTS participation shall
include up to 30 hours of services related to
litigation or dispute resolution. Any such
services in excess of 30 hours shall be an
additional service.
E. Authoritv to Contract:
The CITY represents that it is a municipal
corporation with the authority to engage the
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CONSULTANT for professional services described in
the SERVICE AUTHORIZATIONS and to accept the
obligation for payment for the services described
in the SERVICE AUTHORIZATIONS.
F. Assianment:
The CITY and the CONSULTANT each binds itself and
its successors, legal representatives, and assigns
to the other party to this AGREEMENT and to the
partners, successors, legal representati ves, and
assigns of such other party, in respect to all
covenants of this AGREEMENT subject to budget
considerations and requirements of law; and,
neither the CITY nor the CONSULTANT will assign or
transfer their interest in this AGREEMENT without
the written consent of the other.
G. Confidential Information:
During all times that the CONSULTANT is employed
on behalf of the CITY and at all times subsequent
to the date of this contract, all discussions
between the CITY and the CONSULTANT and all
information developed or work products produced by
the CONSULTANT during its employment and all
matters relevant to the business of the CITY not
otherwise being a matter of public record shall be
deemed to be confidential. All such information
and work product shall be protected by the
CONSULTANT and shall not be revealed to other
persons without the express written permission of
the CITY, unless mandated by order of the court.
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms pursuant to the Florida Statutes
Consul tant IS Competi ti ve Negotiations Act during
the period of service of the CONSULTANT. The
CONSULTANT agrees to cooperate wi th the CITY and
other firms in accomplishing work that may require
joint efforts to accomplish the CITY'S goals.
This cooperation, when requested by the CITY, will
include but not be limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
J. Establish lines of communication.
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I. Subconsultants:
In the event the CONSULTANT, during the course of
the work under this AGREEMENT requires the
services of any subcontractors or other profes-
sional associates in connection with services
covered by this AGREEMENT, CONSULTANT must secure
the prior written approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto
the other, it must be given by wri tten notice,
sent by registered United States mail, with return
receipt requested, addressed to the party for whom
it is intended at the place last written, as the
place for giving of notice in compliance with the
provisions of this paragraph. For the present,
the parties designate the following as the
respective places of giving of notice to wit:
citv of Delrav Beach
City Manager
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
Eckler Engineering
9381 W. Sample Road
Coral Sprinqs, Florida 33065
K. Attachments:
Request for Qualifications is hereby incorporated
within and. made an integral part of this AGREEMENT.
L. Truth-In-Neaotiation certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
25 J
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M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, registered under the State of Florida
in the field for which he is responsible for perform-
ing such services. The' proj ect manager shall be
approved by the CITY under each SERVICE AUTHORIZA-
TION. Key proj ect personnel will be identified for
each project and expected to perform the work assign-
ment as can reasonably be expected, and as approved
by the CITY.
o. Eaual ODDortunitv EmDlovment: Non-Discrimination:
CONSULTANT agrees that it will not discriminate
against employees or applicants for employment
because of race, creed, color, religion, sex, age,
handicapped status or national origin. Such action
shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruit-
ment advertising; lay-off or termination; rates of
payor other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Against continqent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solici t or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other consider.a-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
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Q. Termination:
This AGREEMENT may be terminated by either party by
seven (7) calendar days prior written notice, in the
event of substantial failure to perform in accordance
with the terms hereof by the other party through no
fault of the terminating party. The CONSULTANT and
the CITY shall also have a right to terminate this
AGREEMENT for convenience at any time by thirty (30)
calendar days written notice to ei ther one or the
other. In the event the project described in any
SERVICE AUTHORIZATION, or the services of the CONSUL-
TANT called for under any SERVICE AUTHORIZATION, is
or are suspended, canceled, or abandoned by the CITY,
the CONSULTANT shall be given five days prior written
notice of such action and shall be compensated for
the professional services provided and reimbursable
expenses incurred up to the date of suspension,
cancellation or abandonment. The CONSULTANT agrees
to provide all documents to the CITY {specifically
those referenced in paragraph IX.A. Further, prior
to the CONSULTANT'S destruction of any of the above-
referenced documents, the CITY shall be notified and
allowed a reasonable period to gain access to and
make copies of any such documents. Upon any termina-
tion of this AGREEMENT, the CONSULTANT agrees that it
shall use its best efforts to work harmoniously with
any successor who enters an AGREEMENT to provide
services for the CITY in order to provide for a
smooth transition period.
R. Indemnification:
The CONSULTANT will at all times indemnify, save and
hold harmless and defend the CITY, its officers,
agents (the term agents shall not include the
contractor{s), any subcontractors, any materialmen or
others who have been retained by the City or
Contractor, or materialmen to supply goods or
services to the project) and employees, from and
against all liability, any claim, demand, damage,
loss, expense or cause of action and costs (including
attorney's fees at trial or appellate levels) arising
out of error, omission, or negligent act of
CONSULTANT, its agents', servants or employees in the
performance of services under this agreement. The
CONSULTANT further agrees to indemnify, hold harmless
and defend the City, its officers, agents and
employees from and against any claim, demand or cause
of action arising out of any negligence or misconduct
of CONSULTANT for which the City, its agents,
servants or employees are alleged to be liable. The
indemnif ications contained herein shall survive the
expiration or earlier termination of this Agreement.
27
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The monetary limitation on the extent of the
CONSULTANT'S liability shall be one million dollars
($l,OOO,OOO.OO). Nothing in this AGREEMENT shall be
deemed to affect the rights, privileges and
immunities of the CITY as set forth in Florida
Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGREEMENT
pertains or any other interest which would conflict
in any manner or degree with the performance of its
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
T. Comcliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the CITY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of building permit
issuance.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
u. Jurisdiction: Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State civil Courts of Palm
Beach county, Florida. Any dispute between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach county Court.
V. Attornev's Fees:
In the event a suit is filed in court arising out of
this agreement, then the prevailing party shall be
enti tIed to recover from the other party all costs
incurred, including reasonable attorney's fees,
including attorney's fees and costs on appeal.
28
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W. Internal DisDute Between Owner and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between CITY and CONSUL-
TANT.
x. Pro;ect Schedulina:
CONSULTANT shall provide scheduling to the City based
on the construction scheduling program PRIMAVERA and
provide the CITY, within ten (10) days of the date of
commencement as contained within the service author-
ization, a diskette with the proposed program sched-
ule. During the course of the work, CONSULTANT shall
provide monthly updates with a.written description of
any changes in the schedule. The diskette shall be
in a format compatible with the CITY'S computer
system:
Y. Extent of Aareement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT may not
be amended, changed, modified, or otherwise altered
in any way, at any time after the execution hereof,
except by approval of the City commission and
CONSULTANT.
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its city Clerk,
and the. CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA CONSULTANT
By: By: ~4~
MAYOR Signature
Donald A. Eckler
ATTEST: (print or Type)
City Clerk Wit1:,/!!?
Approved ~rm: ~%.
~.~ . ..JU:'fn s
~}. City Attorney
29
.
.
.
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , by
(name of officer or agent,
title of officer or agent), of
(name of corporation acknowledging),
a (state or place of incorporation)
corporation, on 'behalf of the corporation. He/She is
(personally known to me) (or has p:r.oduced identification)
(type of identification) (as
identification) and (did/did not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL
STATE Or Florida
COUNTY OF Broward
The foregoing instrument was acknowledged before me
this 22nd day of March, 1995 , by
Donald A. Eckler (name of person acknowledged),
who is personally known to me or has produced
personally known (type of identification) as
identification and who BIB (did not) take an oath.
~~~ C Jae~
S gnature of Person Tak1ng
Acknowledgment .
Linda c. Fracasso
Name of Acknowledger Typed,
Printed or Stamped
.
30
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ACKNOWLEDGMENT IF PARTNERSHIP
STATE OF
COUNTY OF
The foreqoinq instrument was acknowledqed before me
this day of ,by
(name of acknowledqinq partner
or agent) of ,
partner (or agent) on behalf of
(name of partnership), a partnership. He/She is (personally
known to· me) (or has produced identification)
(type of identification) (as
identification) and (did/did not) take an oath.
Siqnature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
31
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. .
CITY OF DELRAY BEACH
EXHIBIT A (SAMPLE)
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
TITLE:
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract.
Title:
I. PROJECT DESCRIPTION
II. SCOPE OF SERVICES
III. BUDGET
IV. COMPLETION DATE
32
.
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 ci ty to be included as part of the contract
without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
Thomas E. Lynch Witness
Mayor
witness
Attest: STATE OF
COUNTY OF
The foregoing instrument was
acknowledged before me this
Approved as to Legal _ day of ,-
Sufficiency and Form by title
(name of officer or agent,
of officer or agent) ,
(Name of Corporation
Acknowledging) , a
(state or place of
incorporation) corporation, on
behalf of the corporation.
He/She is (personally known to
me) (or has produc~d
identification)
(type of identification) (as
identification) and (did/did not)
take an oath.
signature of Person Taking
Acknowledgement
Signature of Acknowledger Typed,
Printed or Stamped
JJ
.
. ..
EXHIBIT B ( SAMPLE)
Hourly Hourly Raw
Raw salary Salary Rate
Rates Times 3.00
Mulitpler
Employer Category
Professionals -- Enqineers, Architects, Planners, Economists,
Scientists, Hydroloqists, Hydroqeologists, Geologists
Donald A. Eckler $ 33.67 $ 101.00
Douglas K. Hammann $ 20.25 $ ·60.75
Merle R. Shivashankar $ 10.00 $ 30.00
Techntç~ -- Drafters, Graphic Artists, Computer, Surveyors,
Cartographies, Construction Inspectors
Larry M. Foley $ 31. 85 $ 95~55
Terrance A. McKloski $ 17.00 $ 51. 00
Office Support
Linda c. Fracasso $ 13.00 $ 39.00
34
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. .. .
EXHIBIT C
SAMPLE SAMPLE -- COST NOT TO EXCEED FORMAT
INVOICE
citv of Delrav Beach
Project No. Date
Purchase Order No. Client Ref. No. ,
Task Order No. Invoice No.
Description of services under Task Order # .
Period ending: .
LABOR
Class EmDlovee Name ~ Hours Amount
Subtotal Labor $
EXPENSES
Computer
Word processing
Auto Rental
Postage/Freight
Air Transportation
print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
COST SUMMARY
Contract Amount $
Amount Earned This Period $
Amount previously Earned
Amount Remaining $
35
n,
.
. " .
EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
INVOICB
city of Delrav Beach
project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order .
Period ending .
Total Fee $
_, Complete $
Less Previous Billings
Total Earned This Period $
TOTAL AMOUNT DUE THIS INVOICE $
36
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BODD.Y INJUIlY
(Pw-I
GARAGE LlAJlILrrY
PROPEInY DAMAGE
ItXCIISS LlAJIlLrrY EACH occt1RIIBNCK
UMBRELLA lORN AGGREGATE
OTHER THAN UMIIULLA lORN
D 3CQ40948~7 5/01/94 5/01/95
WORIŒRS' COMPENSATION 100000
AND DISKASK-POLlCY LIMn' 500000
KMPLOWR'S LIAJID.rrv DIBKABJl.EACH DIP. 100000
E arHKR PL8914S0-02 12/02194 12/02195
Prof. Uability $1,000,000 Ea.Claim
$2,000,000 Ann.Ag¡.
DKSCIUFnOH or OPERAnONlllLOCA110NIIIYKIDCLIIIII8PECIAL rrDØ
Certificate Holder ia an Additional Protected Penon.. J'ClpOCta
to General Uability only.
City of Dolray Beach
434 So. Swinton Avenue
Dolray Beach. Fl. 33444
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[IT' DF DELAA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
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A/J.America City MEMORANDUM
, III I!
DATE: April 25, 1995
1993 TO: City Commission
FROM: David N. Tokes, Assistant City Attorn$
SUBJECT: Acceptance of Water and Sewer Easements - Wiggins Road
Attached for the City's acceptance are two easement deeds. The easements are
necessary in order for the City to install water and sewer mains within Wiggins Road.
The following property owners have executed easements:
John T. and Paula Honker
David J. and B. Lauren Brow
A sketch showing the proposed easement is attached. Acceptance of the two easement
deeds is recommended. There are two other easements the City needs to obtain prior to
construction. We will place those on the agenda when we receive them.
Please call if you have any questions.
DNT:jw
cc: David Harden, City Manager
Dan Beatty, City Engineer
Sharon Morgan, Executive Assistant
wiggins.dnt
® Printed on Recycled Paper flY
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Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE , made this .;2.0cr4.. day of Î11af~ , 19~ between
John T., Jr. and Paula R. Honker, parties of the first part, and the CITY OF DELRAY
BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, party of
the second part.
WITNESSETH: 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 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: water and sewer mains with full and free right, liberty, and authority
to enter upon and to install, operate, and maintain such water and sewer mains under,
across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit;
Description
A parcel of land in Section 8, Township 46 south, Range 43 east in Palm Beach
County, Florida, being more particularly described as follows:
The north 5.00 feet of the south 20.00 feet of the west 150.00 feet of the east
325.00 feet of the southwest quarter of Lot 2 of the subdivision of said Section 8 as
recorded in Plat Book 1, Page 4 of the official records of Palm Beach county, Florida.
The above described parcel contains 0.017 acres, more or less.
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.
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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 the release of any and all mortgages or liens encumbering this easement.
The parties of the first part also agree to erect no building or effect any other kind
of construction or Lmprovements upon the above-described property.
Parties of the first part do hereby fully warrant the title to said land and
will defend the same against the lawful claLms 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 parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESSES: PARTIES OF THE FIRST PART
~ k.~ (J~ 7~~~/J---
/ 4c v
Y\Attc...~ A· AAùlL'ù I G-~r ohn T. Honker. Jr.
(name printed or type written) (name printed or type written)
615 Wiaains Road
Delrav Beach, FL 33447
(address)
~þ r?êJ a.-. ~ Paula R. Bonker ß,Æ :¡2/lrr>(fÍJ',~
J/j-L....l.....Y /7. a~/,...€"~
(name printed or type written) (name printed or type written)
STATE OF ~
COUNTY OF ø~<da ~ ~
this ~~ day of
person acknowledged),
(type of
Notary Public
Title . " SALLY A. &MER ~o~ Q....~
w,; MY C(J.MSSI(M I CCS44447 EXPIRES Signature f Person Taking Acknowledgment
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Prepared by: RETURN:
David N. Tolces, Esq.
city Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
-& ,Af?/l.¡L. 19 fr: between David J.
THIS INDENTURE , made this / day of ,
and B. Loren Brow, parties of the first part, and the CITY OF DELRAY BEACH, a Florida
municipal corporation in Palm Beach County, State of Florida, party of the second part.
WITNESSETH: 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 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 water and sewer mains with full and free right, liberty, and authority to
enter upon and to install, operate, and maintain such water and sewer mains under,
across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit;
Descritltion
That part of Lot 2 in the subdivision of Section 8, Township 46 South, Range 43
East, Palm Beach County, Florida, as recorded in Plat Book 1, Page 4 of the public
records of Palm Beach County, Florida, described as follows:
Commence at the southwest corner of said lot 2, thence S.89° 30' 36" E., along the south
line of said lot 2, 240.00 feet to a line 240.00 feet east of and parallel with the west
line of said lot; thence N.Oo 00' 00" E., along said parallel line, 42.00 feet to the
point of beginning; thence continue N.Oo 00' 00" E., 93.00 feet; thence S.890 30' 36"
o 0
E., 12.00 feet; thence s.o 00' 00" E., 93.00 Feet; thence N.89 30' 36" W., 12.00 feet
to the said point of beginning.
The above described parcel contains 0.026 acres, more or less.
'. - .... . 4~ ,..~.. ,,' .,..,.'~' ~"'..
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Concorni tant 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.
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 the release of any and all mortgages or liens encumbering this
easement. The parties of the first part also agree to erect no building or effect any
other kind of construction or improvements upon the above-described property.
Parties of the first part do 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 parties to this Easement Deed set their hands and seals the
day and year first above written. CT\j 0
w~~ /2
p/'/:9 "<--- .,
ßNA~ e. 2J¿J¿.ß,,( David J.~ ow
(name printed or type written) (name pr¡nted or type written)
915 Hibiscus Lane
Delrav Beach. FL 33444
(address)
--,--- ~ ~ o ~/LL. 'l<-/ &L~</
I ~~I!.I R. u ++l. e. B. Loren Brow
(name printed or type written) (name printed or type written)
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STATE OF ¡:;; ¿J;t¡ O,q
COUNTY OF ß¿,,h'J ß CA (,-7'
7 -r;J
A The foregoing instrument was aCknOWle~ed before me this - day of
~JL. J~''- , byI1AVJ!JJ,/ll?ð,pd-ß.J.D4tro1 lZo~ (name of person acknowledged),
who is personally known to me,Qr has progyged ( ~ ~tpe --Qf
ideRt:i£isa~io1i) as iden~ifiea1:ioft aAd who -èiè- (did not) take an oath.
Notary Public ~~.
Title or Rank Signature of erson Taking Acknowledgment
~,...> J. þÁ/lt1AJr
Serial Number, if any Name of Acknowledger Typed, Printed or Stamped
.~
:. ~ Thomas J. 8aRIIIC ~
: ~ Naeary Public, State oCFJorida ~
:. ~1> ~ CaminissiaaNo.CC34181& ~
: : OF f\) Myr...n...1-.ioa Exptm OUI2198 ~
. . &c.cw1'lllwp fJL Nac.y llnicett..... ~
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DBBROW.KT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
I
SUBJECT: AGENDA ITEM # If· .1(. - MEETING OF MAY 2 , 1995
RESOLUTION NO. 38-95
DATE: April 28, 1995
This is before the Commission to adopt a resolution approving the
Local Housing Assistance Plan pursuant to the State Housing
Initiative Partnership (SHIP) Program, Chapter 9I-37.005(6) (f) (g)
of the Florida Administrative Code.
The State requires a Local Housing Assistance Plan be established
outlining how the City plans to administer the program once SHIP
funds are received. On February 23, 1993, the Commission
established a Local Housing Assistance Program, an Affordable
Housing Assistance Trust Fund, and the Affordable Housing
Advisory Committee.
Community Improvement is submitting a request for continued
funding under a new three year plan. The funds will be used for
new construction, rehabilitation of existing housing for home
ownership, and rehabilitation of existing owner-occupied units.
The anticipated amount expected to be awarded each fiscal year of
the plan is $286,454, providing approximately 76 homeownership
opportunities.
Recommend approval of Resolution No. 38-95 for continued
participation in the SHIP program by approving the Local Housing
Assistance Plan.
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MEMORANDUM
'1'0 : DAVID HARDBN, CITY MANAGER
THRU: LULA BU'l'LBR, DIRECTOR OF COMMUNITY IMPROVEMENT Lþ
FROM: DOROTHY ELLINGTON, COMMONI"l"Y DEVELOPMEN'l COORDIHATOR
RB: RESOLUTION APPROVING THE LOCAL HOUSING ASSISTANCE PLAN
PURSUAN'l" "1'0 THE S'i"A'i"B HOUSING INITIA'i"IVE PARTNERSmp
( SHIP) PROGRAM
DATE: APRIL 19, 1995
ITEM BEFORE 'THE COMMISSION:
The adoption of a resolution approving the Local Housing
Assistance Plan and the continued participation in the SHIP
Program, pursuant to Chapter 9I-37.005(6) (f) (g) of the Florida
Administrative Code.
BACKGROUND:
For the past three ( 3 ) years the Department of Community
Improvement has received housing assistance funds from the State
Housing Initiatives Partnership (SHIP) Program. The State
requires a Local Housing Assistance Plan be established outlining
how the City plans to administer the Local Housing Assistance
Program once SHIP funds are received. On February 23, 1993, under
Ordinance #2-93, the City Commission established a Local Housing
Assistance Program, created an Affordable Housing Assistance
Trust Fund and created the Affordable Housing Advisory Committee
to comply with various sections of Chapter 9I-37, Administrative
Code-SHIP Program of the Florida Housing Finance Agency. Staff
of the Community Improvement Department has administered the
program and under this plan has assisted Delray Beach residents
with homeownership opportunities.
Staff is submitting a request for continued funding under a new
three ( 3 ) year plan. The funds will be used for the following
activities: 1 ) New construction; 2 ) Rehabilitation of existing
housing for homeownership; and 3) Rehabilitation of existing
owner-occupied units. The anticipated amount expected to be
awarded each fiscal year of the plan is $286,454. Over this three
year period, approximately seventy-six (76) homeownership
opportunities will be afforded to Delray Beach residents.
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RESOLUTION NO. 38-95
A RESOLUTION OF THE CITY COMNcrSSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING
ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATrvES
PARTNERSHIP (SHIP) PROGRAM, BSTABLISHING AN AVERAGE COST PER
UNIT, THE MAXIMUM COST PER UNIT, 'IBB AVERAGE SHIP FONDS AND
THE MAXIMUM SHìP FUNDS ALLOWABLE, AND A MAXIMUM FOR
ADMINISTRATIVE EXPENSES. AUTHORIZING THE NECESSARY
CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF
THE PLAN '1'0 THE STATE HOUSING FINANCE AGENCY, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the State of Florida under specific authority
established by State Statute, has established the State Housing
Initiatives Partnership (SHIP) Program, which requires the City to
develop a one to three year Local Housing Assistance Plan outlining
how funds will be used; and,
WHEREAS , the Act also requires the adoption of a resolution
providing for; 1 ) the average cost per unit and a maximum cost per
unit for eligible housing benefitting from awards made pursuant to the
SHIP Program; 2 ) an average and maximum award schedule of amounts per
strategy; and 3) a finding that five percent (5% ) of the Local Housing
distribution is insufficient to adequately pay the administrative
costs of the SHIP Program, and a provision increasing administrative
expense to not more than ten percent (10%) .
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a maximum cost per unit for eligible
housing benefitting from awards made pursuant to the SHIP Program may
not exceed $90,000 for newly constructed units or $75,000 for existing
structures which will be rehabilitated. Under no circumstances shall
the sales price exceed 90% of the median area purchase price in the
area as established by Revenue Proclamation 94-55, United states
Department of Treasury.
Section 2. That during the three fiscal years the average
award schedule per unit will be for New Construction $9,000,
Homeownership/Rehab, $8,000; Housing Rehab, $15,000. The maximum
award schedule for SHIP funds under the City of Delray Beach program
shall be $15,000 per unit,
Section 3. The City hereby specifically finds that five
percent (5%) of the Local Housing distribution is insufficient to
adequately administer the SHIP Program; therefore, the administrative
expenses shall increase, but shall not exceed ten percent (10%) of the
Local Housing distribution.
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Section 4. The City of Delray Beach is authorized to submit
the Local Housing Assistance Plan to the state of Florida Housing
Finance Agency for its review and approval.
Section 5. That the Mayor is authorized to execute the
certifications required as a part of the Local Housing Assistance Plan
on behalf of the City.
Section 6. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this 2 nd
May , 1995. ~~~
M A to R
ATTEST: ~~~
~ City Clerk
Res. No. 38-95
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State Housing Initiatives Partnership (SHIP) Program
Local Housing Assistance Plan
Program Information Sheet
Please complete the following information:
LOCAL GOVERNMENT: City of Delray Beach
CHIEF ELECTED OFFICIAL: Thomas E. Lynch, Mayor
ADDRESS: 100 N.W. 1st Avenue
Delray Beach, FL 33444
TELEPBONE:(407) 243-7010 FAX:( 407) 243-3774
CONTACT PERSON: Dorothy Ellington, Community Development Coordinator
ADDRESS: 100 N.W. 1st Avenue
Delray Beach, FL 33444
TELEPBONE:( 407) 243-7280 FAX:( 407) 243-7221
INTERLOCAL AGREEMENT: YESINO (If yes, list other participants in the interlocal agreement)
(The following information must be furnished to the Agency before any funds can be disbursed)
LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000308
MAll.. DISBURSEMENT TO: Ms. Lula Butler. Director of Community Improvement
ADDRESS: 100 N.W. 1st Avenue
Delray Beach, FL 33444
(3/95)
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CITY OF DBLRAY BEACH
STATB HOUSING INITIATIVES PARTNERSHIP (SHIP)
LOCAL HOUSING ASSISTANCE PLAN
FY 95-96, FY 96-97 AND FY 97-98
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TABLE OF CONTENTS
Page
I. prograa Description 1
II. Local Housing Assistance Partnership 3
III. Program Strategies 3
A. New Construction-Ho.eownership 3
B. Homeownership-Rehabilitation 4
C. Housing Rehabilitation 5
D. Participant Selection 5
E. Recapture Provisions 6
F. Leveraging 7
IV. Affordability 7
A. Assistance Requireaents 8
V. Advertisement and Outreach 9
VI. Administrative Expenses 9
VII. Plan Aaendaent 10
VIII. Ti.eline Tables 11
IX. Allocation of SHIP Funds by Prograa Year 14
X. Housing Delivery Goals Charts 16
APPENDIX
A. Certification to Florida Housing Finance Agency 19
B. Resolution 21
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STATE HOUSING INITIATIVE PARTNERSHIP (SHIP)
LOCAL HOUSING ASSISTANCE PLAN
CITY OF DELRAY BEACH, FLORIDA
FY 95-96, FY 96-97 AND FY 97-98
I. PROGRAM DESCRIPTION
The City of Delray Beach established a Local Housing Assistance Program
with the adoption of Ordinance No. 2-93 on February 23, 1993. This
program description has been created to promote and implement the
goals of the city's SHIP program which are consistent with goals and
objectives adopted within the Housing Element of the City's
Comprehensive Plan.
The City intends to undertake the activities outlined in this plan for
three ( 3 ) fiscal years, FY 95-96, FY 96-97 and FY 97-98. All proposed
program activities are identified in the plan and are on an annual
basis.
The City shall use the funds received from the state pursuant to the
state Housing Initiative Partnership (SHIP) Program in the following
manner:
A. Ninety percent (90%) of the funds shall be used by the city
to implement the following locally designed strategies:
( a) New Construction - Eligible sponsors shall be awarded
funds to construct eligible housing for eligible persons,
including assistance with lot acquisitions.
(b) Rehabilitation - Very low-income persons who own and
occupy substandard housing units shall be awarded funds to
renovate such units as eligible housing.
(c) Purchase Assistance - Ownership opportunities shall be
created for eligible persons through mortgage interest
reduction, and lor low interest loans for down payments and
closing costs.
(d) Acquisition/Rehabilitation - Eligible sponsors may be
awarded funds to acquire existing housing units for
renovation to provide housing for eligible persons.
(e) I.pact Fee Assistance - Eligible sponsors may be
awarded funds for the payment of impact fees for eligible
housing for eligible persons.
( f) Hatch Requirements - In order to obtain and use Federal
housing grants with mandatory match requirements.
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Local Housing Assistance Plan
City of Delray Beach, FL
All units constructed, rehabilitated or otherwise assisted with SHIP
funds will be occupied by very-low (50% of median), low-income (80% of
median) , and moderate income (120% of median) persons and those who
have special housing needs. A minimum of 30% of the units will be
occupied by very low-income persons and an additional 30% will be
occupied by low-income persons. The remaining 40% will be occupied by
moderate income, low income or very low income persons. Special needs
category is included within these percentages.
Not less than 65% of the funds will be used for homeownership and not
less than 75% of the funds will be reserved for construction,
rehabilitation, or emergency repair of eligible housing.
The sales prices for newly constructed or existing structures which
will be rehabilitated may not exceed $90,000 or $75,000 respectively.
However, the sales price shall not exceed 90% of median area purchase
price as established under Revenue Proclamation 94-55, United States
Department of Treasury.
The Local Housing Assistance Plan does not involve an inter-local
agreement. All activities are carried out within the geographic
boundaries of the city limits of the City of Delray Beach.
Annually the City conducts a Needs Assessment Community Meeting
whereby the public is invited to attend and provide input on how
program funds should be allocated. On April 5, 1995, the Needs
Assessment Meeting was held and from the participants involved, it was
the general consensus that Housing Rehabilitation for Owner-Occupied
units and Homeownership opportunities for the very low and low income
persons should continue.
Based on the dollars anticipated being awarded to the city of Delray
Beach and given the planning and work with local non-profit
organizations that have already taken place, this plan does not
propose to use funds for other eligible activities during the three
( 3 ) year period. supportive housing activities such as housing and
credit counseling, tenant counseling and other supportive services
needed to facilitate affordable programs will be funded by other
sources currently available to the City.
Several local banks and one bank consortium have agreed to provide
homebuyer training and credit counseling. Habitat for Humanity has
agreed to provide a training program for the new homeowner to assist
in making the transition from renter to homeowner.
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Page 3
Local Housing Assistance Plan
city of Delray Beach, FL
II. LOCAL HOUSING ASSISTANCE PARTNERSHIP
The city of Delray Beach Community Improvement Department has been
relentless in it's efforts to facilitate the development of a Local
Housing Partnership. As a result of these efforts, the city of Delray
Beach has formed a partnership that involves local government, lending
institutions, housing developers, community based housing and service
organizations and providers of professional servers relating to
affordable housing.
The partnership includes the city of Delray Beach Community
Improvement Department, the Delray Beach Community Redevelopment
Agency, the Consortium for Affordable Home Financing, Inc. , the Delray
Beach Housing Authority, the Delray Beach TED Center, the Delray Beach
CDC and several local contractors. This partnership was develop to
implement a comprehensive homebuilding and community revitalization
project. Resources from each participant in the Local Housing
Partnership will be leveraged to reduce the cost of housing to the low
income homebuyers. The City also has other Federal program funds that
will be used to compliment the SHIP program and needs identified to
assist eligible persons with homeownership opportunities.
The city's emphasis on "Neighborhood Stabilization" and support of the
same from the city Commission level provides a unique opportunity to
increase the number of affordable units made available to our very
low, low and moderate income households. Developers and community
based non-profit groups will be encouraged to develop vacant lots
located in the established CDBG target area.
The city will continue its current efforts directed at eliminating
slum and blighted conditions in the target area through the
preservation of existing single family owner-occupied units,
investor-owned properties with very low-income tenants and other
conditions contributing to the decline of such neighborhoods. The
city believes such efforts will assist in making these areas more
attractive for infill housing development.
III. PROGRAM STRATEGIES
This Plan provides for increasing the availability of affordable
housing under the following strategies:
A. STRATEGY NO. 1 : NEW CONSTRUCTION - HOMEOWNERSHIP
SHIP funds will be used in FY 95-96, FY 96-97 and FY 97-98
to provide incentives for the construction of affordable
housing for occupancy by very low, low and moderate income
households through the following provisions:
,
.
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Local Housing Assistance Plan
city of Delray Beach, FL
1. Assistance with Construction Financing - Low or
no-interest loans up to $15,000, with the average being
in the area of $9,000, may be made for down payment to
reduce the purchase price of units; the payment of closing
costs and-the payment of impact fees (ordinances adopted by
Palm Beach County and the City of Delray Beach do not allow
impact fees to be waived). Down payment assistance will be
secured as a second mortgage on property and may run for a
period of up to 30 years with deferred loan payments.
Assistance provided will serve as a principal reduction of
the amount borrowed from the private lender, the city
assures that all eligible households assisted will pay no
more than 30% of the area median income limits adjusted for
family size for the category as defined in Florida
Administrative Code, Chapter 9I-37.002(26)(27)(36).
2. Lot Acquisition for New Construction - Assistance with
the purchase of vacant, single family lots within the
boundaries of the City's Community Development Block Grant
(CDBG) target area may be given to eligible sponsors or the
very low and low income households needing to subsidize a
portion of the cost of the home or mortgage to lower the end
price.
.
B. STRATEGY NO. 2 - HOMEOWNERSHIP/REHABILITATION
SHIP funds will be used in FY 95-96, FY 96-97 and FY 97-98
to provide incentives in the form of purchase assistance
and/or rehabilitation assistance to very low, low and
moderate income households to acquire existing units which
may be in need of some rehabilitation.
1. Ho.e Purchase Assistance/Rehabilitation - The
assistance to very low, low income households to purchase
existing homes which may need repair and will be used as
their principal home. Assistance provided will be in the
form of a deferred loan up to $15,000, with the average
assistance per unit being approximately $8,000. This
assistance will be secured as a second mortgage on the
property and will run for 15 years and carry a 0% interest
rate. For each year the household lives in the property as
their principal residence 1/15 of the SHIP assistance amount
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Local Housing Assistance Plan
city of Delray Beach, FL
will be forgiven. Should the property be sold or the
household fails to maintain the unit as their principal
residence during the 15 year period, the amount remaining
becomes due and payable to the SHIP Housing Trust Fund. The
deferred payment loan will serve to reduce the principal
amount to be borrowed from the private lending institution.
The city will ensure that eligible households will not
devote more than 30% of the area median income limits for
adjusted family size for the category for PITI.
C. STRATEGY NO. 3 - HOUSING REHABILITATION/EXISTING
OWNER-OCCUPIED UNITS
SHIP funds in all three ( 3 ) fiscal years will be used to
provide grant assistance up to $15,000 to very low income
households to rehabilitate existing owner-occupied single
family units. The average assistance per unit will be
approximately $15,000. It is assumed that no private lender
monies will be involved in these rehabilitation activities.
However, monies from the City's general revenue funded
"Bootstrap Program" may be combined with SHIP funds to fund
total cost of rehabilitative project.
D. PARTICIPANT SELECTION
1 . Applications for participation may be taken on
specified dates if demand warrants. The initial advertised
application period does not restrict individuals from making
application at any time. All applications will be on a
first come, first served basis within the income groups to
be served.
2 . Eligibility of households will be determined in the
same manner as eligibility for the City's Housing
Rehabilitation Grant award program, which is modeled after
the Section 8 Rental Assistance Program. The guidelines
will be used to verify income, assets and other information
required.
3. The City staff will select applicants based on the
following:
(a) Income - Household income will be verified to determine
if the household meets SHIP income guidelines. Households
not meeting these guidelines will not be processed further
and will be notified of their ineligibility.
.
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Local Housing Assistance Plan
city of Delray Beach, FL
(b) credit Worthiness - A credit report will be requested
and reviewed with the participating lender. Only those
households meeting the lenders credit standards will be
processed further. Households with credit problems will be
informed and referred for counseling assistance with the
opportunity to be reconsidered at a later date.
(c) Debt Ratio (Affordability) - Applicants will be
screened on the lenders income to housing debt ratios.
Housing expenses (PITI) may exceed 30% of the households
income; however this amount shall not exceed 30% of the area
median income limits adjusted for family size for the income
category.
(d) Unit Sale Price/Purchase/Rehab Costs - The purchase
price of the unit will be compared against program
guidelines. Only units meeting these guidelines will be
eligible for assistance.
4 . Eligible applicants selected to participate will be
awarded low or no-interest loans for purchase assistance
and/or rehabilitation, to the extent necessary, within
program guidelines, to make the eligible unit affordable to
the eligible family.
5 . In conjunction with the Local Housing Partnership, the
Department of Community Improvement staff will seek lending
institutions to provide favorable financing for the selected
applicants.
E. RECAPTURE PROVISIONS
1. All individuals assisted with SHIP funds will be
contractually subject to recapture as per the City's
recapture requirements. These recapture provisions will be
enforced by a note and mortgage on the property for those
purchasing homes and an executed agreement between the City
and property owner for those receiving rehabilitation
assistance for existing homeowners.
2 . Prior to receiving an award, all eligible persons or
eligible sponsors shall enter into an agreement to comply
with the affordable housing criteria provided under
applicable sections of the Florida State Statutes and this
plan. All eligible persons or eligible sponsors shall
include in the deed transferring ownership of the property
to the eligible person or eligible sponsor a covenant
agreeing to comply with the terms of the above-described
laws which covenant will run with the land or in the
.
·
Page 7
Local Housing Assistance Plan
City of Delray Beach, FL
alternative, the agreement shall be made a part of the
mortgage agreement. Failure to comply with the covenant in
the mortgage shall result in a default of the mortgage with
all remedies and rights for enforcement insuring to the
benefit of the City.
3. An award of $4,000 or more shall be secured as a second
mortgage on the property and may run up to 15 years and
shall carry a 0% interest rate.
F. LEVERAGING
The use of SHIP funds along with CDBG funds, General Revenue
contributions awarded by the City, participation in the Palm
Beach County HOME Consortium, leverages with private sector
financing and technical support will provide the basis for
increasing the supply of affordable housing for Delray Beach
residents. The experience of City staff provides the
opportunity to implement affordable housing programs on a
timely basis.
IV. AFFORDABILITY
For the purpose of determining eligibility and affordability under the
SHIP Program, the following Florida Housing Finance Agency 1995 area
income limits adjusted to family size for the City Delray will be
used:
Number of Persons in Household
Set
Aside 1 2 3 4 5 6 7 8
50% 15,600 17,800 20,000 22,250 24,050 25,800 27,600 29,350
80% 24,900 28,500 32,050 35,600 38,450 41,300 44,150 47,000
120% 37,440 42,720 48,000 53,400 57,720 61,920 66,240 70,440
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·
Page 8
Local Housing Assistance Plan
city of Delray Beach, FL
The affordability for the maximum amount per month for PITI for each
group and family size for the city of Delray shall not exceed 30% of
the income limits adjusted to family size and outlined as follows:
Number of Persons in Household
Set
Aside 1 2 3 4 5 6 7 8
50% 390 445 500 556 601 645 690 734
80% 623 713 801 890 961 1033 1104 1175
120% 936 1068 1200 1335 1443 1548 1656 1761
A. Assistance Requireaents
1. Homes which are purchased under the SHIP Program may
not have a sales price that exceeds $90,000 for newly
constructed units or $75,000 for existing structures which
will be rehabilitated. Under no circumstances shall the
sales price exceed 90% of median area purchase price as
established under Revenue Proclamation 94-55, United States
Department of Treasury.
2. The maximum award of SHIP funds may not exceed $15,000
per unit. The maximum ceiling includes the aggregate of
SHIP awards for purchase assistance and/or rehabilitation
assistance which may be used in combination to provide
housing to an eligible household. All loans issued from
SHIP funds may not have terms exceeding 30 years, except for
deferred payment loans.
3. All units constructed, rehabilitated or otherwise
assisted with SHIP Progra~ funds must be occupied by persons
who are very low, low and moderate income households or
persons with special housing needs.
4 . Units constructed or rehabilitated with SHIP funds and
sold to homebuyers will be subject to the City's subsidy
recapture provisions.
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Page 9
Local Housing Assistance Plan
city of Delray Beach, FL
5 . The city ensures that the Local Housing Partnership,
eligible sponsors and the city shall not discriminate in the
loan application process of eligible persons for eligible
housing on the basis of race, creed, religion, color, age,
sex, marital status, national origin, or handicap in the
loan application process for eligible housing.
6. SHIP funds may not be used as a pledge of the debt
services on bonds or as rent subsidies,
V. ADVERTISEMEN'l' AND OUTREACH
The Community Improvement Department will advertise the availability
of the Local Housing Assistance Program at least thirty (30) days
prior to the beginning of the application period. The availability of
funds will be advertised in a local newspaper including the free
throw-a-ways available to most residents, established homeowner
associations newsletters, churches located in the CDBG target area,
and other organized methods that may be available. Additionally,
staff will be responsible for the development of flyers describing the
program to disseminate to various organizations and agencies including
the Delray Beach Housing Authority, Habitat for Humanities and the
non-profit local based Community Development Corporations.
VI. ADMINISTRATIVE BXPBNSBS
The Community Improvement Department's Community Development Division
will be responsible for the administration of the Local Housing
Assistance Plan. The City of Delray Beach has determined that it is
necessary to use 10% of the SHIP allocation during the three ( 3 ) year
period for administration. The funds will be used to fund a position
which will be directly responsible for the administration of the SHIP
Program. This position will function as a planner to develop and
coordinate the specific programs, and policies approved under the
Housing Element of the city's Comprehensive Plan.
A~inistrative Costs
FY 95-96 FY 96-97 FY 97-98
Salary $ 28,645 $ 28,645 $ 28,645
.
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Page 10
Local Housing Assistance Plan
city of Delray Beach, FL
VII. PLAN AMENDMENT
SHIP funds will be encumbered during the fiscal year in which they are
received. An amended plan will be submitted if 50% or more of the
distribution funds have not been encumbered by the mid-point of each
fiscal year.
The plan may be amended by resolution at any time. Plan amendments
will be submitted to the State Review Committee within 21 days after
adoption. Amendments will not take effect until approved by the
State.
The city shall notify the Florida Housing Finance Agency promptly if
the city will be unable to comply with the provisions of the Plan.
-
.
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.
Page 14
Local Housing Assistance Plan
city of Delray Beach, FL
IX. ALLOCATION OF S. H. I . P FUNDS BY PROGRAM YEAR
FISCAL YEAR 1995/96
ANNUAL ALLOCATION $286.454
HEW CONSTRUc.-rION FINANCING ..- $ 82,319
Avg. Amount of Assistance per Unit ($4,573)
Avg. Cost per Unit ($80,000)
Number of Units Assisted 18
Lot Acquisition Cost (appraisal, title $ 45,000
searches, closing fees)
Avg. Amount of Assistance per Unit ($9,000)
Avg. Cost per Lot ($9,000)
Number of Lots Acquiring 5
HOME OWNE RSHI P/REHABI LITATION -.. $ 40,490
Avg. Amount of Assistance per Unit ($8098)
Avg. Cost per unit ($60,000)
Number of Units Assisted 5
HOUSING REHABILITATION $ 90,000
Avg. Amount of Assistance per Unit ($15,000)
Avg. Cost per Unit ($20,000)
Number of Units Assisted 6
ADMINISTRATION $ 28,645
~: Averages projected reflect amount per year/per each individual
strategy. The averages projected in the narrative is a collective
average for the three fiscal years by strategy.
.
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Page 15
Local Housing Assistance Plan
city of Delray Beach, FL
FISCAL YEAR 1996-97
ANNUAL ALLOCATION $286.454
NEW CONSTRUCTION FINANCING ** $142,319
Avg. Amount of Assistance per Unit ($12,000)
Avg. Cost per Unit ($80,000)
Number of Units Assisted 12
HOMEOWNERSHIP/REHABILITATION ** $ 40,490
Avg. Amount of Assistance per Unit ($8098)
Avg. Cost per Unit ($60,000)
Number of Units Assisted 5
HOUSING REHABILITATION $ 75,000
Avg. Amount of Assistance per Unit ($15,000)
Avg. Cost per Unit ($20,000)
Number of Units Assisted 5
Administration $ 28,645
FISCAL YEAR 1997/98
ANNUAL ALLOCATION $286.454
NEW CONSTRUCTION FINANCING $ 182,809
Avg. Amount of Assistance per Unit ($12,000)
Avg. Cost per Unit ($80,000)
Number of Units Assisted 15
HOUSING REHABILITATION $ 75,000
Avg. Amount of Assistance ($15,000)
Avg. Cost per Unit ($20,000)
Number of Units Assisted 5
ADMINISTRATION $ 28,645
shipplan.doc
3/1/95
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Page 19
Local Housing Assistance Plan
city of Delray Beach, FL
APPENDIX
A
.
~
CERTIFICA TION TO
FLORIDA HOUSING FINANCE AGENCY
Local Government: Delrav Beach ~City
(1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, color, age, sex, familial status, handicap, religion, or
national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
awards. ,
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Agency will be notified promptly if the local government (or
interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24
months following the end ofthe State fiscal year in which they are received.
(8) The plan confonns to the Local Government Comprehensive Plan, or that an amendment to the
Local Government Comprehensive Plan will be initiated at the next available opportunity to
insure confonnance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Agency
with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well as
moneys generated £Tom activities such as interest earned on loans.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by
law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the
IQcal governments audited financial statements, copies of the audits will be forwarded to the
Agency as soon as available.
(13) An interlocal entity shall have its local housing assistance trust fund separately audited for each
state fiscal year, and the audit forwarded to the Agency as soon as possible.
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Page 2
Certification
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiVing assistance from both SHIP and the Low Income Housing Tax Credit
(LllITC) Program shall comply with the income, affordability and other LllITC requirements,
Similarly, any units receiving assistance from other federal programs shall comply with all
Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or
loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least aMually for
15 years for compliance with tenant income requirements and afford ability requirements.
Witness Chief Elected Official
Thomas E. Lynch. Mayor
Witness Type Name and Title
Date
OR
Attest:
(Seal)
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Page 21
Local Housing Assistance Plan
city of Delray Beach, FL
APPENDIX
B
.
-
RECOMMENDATION:
Staff recommends the City Commission approve the continued
participation in the SHIP Program by approving the Local Housing
Assistance Plan and adopting the proposed resolution.
DE/rhs
Attachments
shipplan.res
.
.
...
. MEMORANDUM
(REVISED)
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 8 L - MEETING OF MAY 2, 1995
AWARD OF BID
DATE: MAY 1, 1995
This is before the Commission to approve the award of the follow-
ing bid:
1. Bid Award - to Bay Fireworks for the Fourth of July
fireworks, in the total amount of $24,000; $16,000 will be
given by the Delray News, and $8,000 will come from the City
Account 001-1111-511-48.10.
NOTE: On May 1, Carolyn Zimmerman, president of the Centennial
Committee, advised that they were able to raise the additional
$10,000 for this fireworks display (see Joe Weldon's memo dated
April 21, 1995) . The total amount will be $34,000; $16,000 will
be given by the Delray News, $8,000 by the City, and $10,000 by
the Centennial Committee.
fi dL~~
apf /.L1>/lUL - ~
~ t~ðOO &-<-u ~i,ooo ~,/td~
~~~.~
~~ ~ '4¡O,OðO ¿
~~tØ'.ru6L-
{;-ð
.
·
..
, [ITY DF DELRA¥ BER[H
DELRAY BEACH
o . " ,
tzftd ¡OO NW 'st AVENUE· DEL""'Y SEP,CH ;:~C'H!'),,\ 33"~'; , ':::" ,-~3,
AII·America City
, III t' MEMORANDUM
1993
TO: Joe Safford, Finance Director
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: July 4th Fireworks Bid
DATE: April 21, 1995
Attached please find a spreadsheet for Bid #95-33 for the fireworks for
the Fourth of July. The City requested a bid for a fireworks display
of $24,000 and a display of $34,000. After talking with the president
of the Centennial Committee, I was advised that they would not be able
to raise the additional $10,000, so I am recommending the $24,000
proposal.
Bay Fireworks appears to be the best bid in that they offer the
greatest amount of shells in the $24,000 range. Specifically, Bay
Fireworks offers the largest total amount of shells and the greatest
number of shells in the 4" to 12" diameter sizes.
I recommend the bid be awarded to Bay Fireworks in the amount of
$24,000. As in the past, the Delray News has agreed to fund this in
the amount of $16,000. The balance of $8,000 will come from account
#001-1111-511-48.10. Please place this on the May 2nd agenda for City
Commission consideration.
Jo
Di Parks and Recreation
Attachment
cc:vbavid Harden
City Manger
Ref:js74bid
g-.¿. /.
@ Prmt~d on Fìt;;lC'lí..'i~C P.:J.J')f;Jr THE EFFORT ALWAYS MATTERS
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Agenda Item No.: t.t. .j
AGENDA REQUEST
Date: April 20. 1995
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: May 2, 1995
Description of agenda item (who, what, where, how much) : Award Fourth of
July fireworks bid #95-33 to Bay Fireworks in the amount of $24,000; $8,000 will be
paid out of account #001-1111-511-48.10, and $16,000 will be given by the Delray
News.
ORDINANCE/ RESOLUTION REQUIRED: YES¿~~ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternative .- . ~c~
'-Wcount No. & DeS'{S?Xbion, w[31Tl-sl/ .4£30 (~. - _ .,¿
c~ount Ba~ance: , f/tlfA".;rs
City Manager Review:
Approved for agenda: fiS! NO (Ill
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q.A· - MEETING OF MAY 2, 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: APRIL 28, 1994
At tached is the Report of Appealable Land Use Items for the
period April 17 through April 28, 1995. It informs the Commis-
sion 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.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~~~
DEPARTMENT OF PLANN G AND ZONING
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FROM: JAS~ ALLEN, PLANNER
SUBJECT: MEETING OF MAY 2, 1995
REPORT OF APPEALABLE LAND USE ITEMS
APRIL 17, 1995 THRU APRIL 28, 1995
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 April 17, 1995, through April
28, 1995.
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.
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City Commission Documentation
Appealable Items Meeting of May 2, 1995
Page 2
PLANNING AND ZONING BOARD MEETING OF APRIL 17, 1995:
The following agenda items which were considered by the Board
will be forwarded to the City Commission for final action:
* Recommended approval (5 to 0) , of a future land land map
amendment for Bloods Hammock Groves from County MR-5
(Medium Density Residential 5 u/a) to City Low Density
Residential, Medium Density Residential, Open Space and
Transitional. Bloods Hammock Groves is located south of
Linton Boulevard, east of Military Trail, west of Foxe
Chase Subdivision and north of Del-Aire Golf Club.
* Recommended approval (3 to 2) , of a future land use map
amendment from Rural Residential to Low Density Residential
in part and Transitional in part for the Northwest section
of the City's Planning Area which is located east of
Military Trail, south of the LWDD L-30 Canal, west of
Barwick Road and north of L-31 Canal.
* Recommended approval (5 to 0) , of a future land use map
amendment to remove the large scale mixed use overlay
designation for Marina Cay, which is located on the east
side of North Federal Highway and south of the Delray Swap
Shop.
* Recommended approval (5 to 0) , of a future land use map
amendment from County MR-5 (Medium Density Residential 5
u/a) and HR-8 (High Density Residential 8 u/a) to City
Medium Density Residential 5-12 u/a) for the Jones Property
which is located on the north side of Atlantic Avenue,
between Barwick Road and N.W. 41 st Avenue and immediately
east of Carver Middle School.
* Recommended approval (5 to 0) , to transmit Comprehensive
Plan Amendment 95-1 to the Department of Community Affairs
for review.
* Recommended approval (5 to 0) , of a rezoning associated
with amending "Lavers North" an approved SAD (Special
Activities District) development located on the east side
of S.W. 10th Avenue, south of Linton Boulevard.
* Recommended approval (5 to 0), of a conditional use request
associated with the establishment of the Oak School of
Delray, a private school at the Church of the Nazarene
Campus on North Swinton Avenue.
* Recommended approval (5 to 0), of an amendment to the Land
Development Regulations regarding Subdivisions and
Platting.
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City Commission Documentation
Appealable Items Meeting of May 2, 1995
I Page 3
* Recommended approval (5 to 0), of an amendment to the Land
Development Regulations creating Section 4.4.28, Central
Business District- Railroad Corridor (CBD-RC) zoning
district.
* Recommended approval (5 to 0), of an amendment to the Land
Development Regulations providing for revised descriptions
of the original and expanded boundaries of the Downtown
Development Authority Area.
* Recommended approval (5 to 0), of an amendment to the Land
Development Regulations reducing the open space requirement
in the Central Business District (CBD) zoning district.
Other Agenda Items:
* Deferred action (5 to 0), on a conditional use modification
request associated with a building addition at Bethel
Evangelical Church, located at 809 s.w. 8th Avenue.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF APRIL 19, 1995
A. Approved (5 to 0) , a request for a color change for
Backdraft Barbeque (fka Tadpole Lounge) , located on the
east side of North Federal Highway approximately 1,000 feet
south of Gulfstream Boulevard.
B. Approved (5 to 0) , a change in the architectural elevation
plan associated with the addition of windows for
Terranella's Restaurant located at the northeast corner of
Atlantic Avenue and Military Trail within the Delray Square
Shopping Center.
C. Approved (5 to 0) , a minor site plan modification,
landscape plan and architectural elevation plan associated
with a 746 square foot building addition at the Morse
Saturn Dealership, located on the west side of Federal
Highway south of La-Mat Avenue.
D. Approved (5 to 0) , a minor site plan modification,
landscape plan and architectural elevation plan associated
with a 3,401 square foot building addition to the clubhouse
facility for Del-Aire Golf Club, which is located east of
Military Trail, south of Live Oak Boulevard.
Other non-appealable items which were considered by the Board.
* Denied (5 to 0) , a flat wall sign within a mural for Dix
Milles Hommes Botanica, located at 615 West Atlantic
Avenue.
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City Commission Documentation
. Appealable Items Meeting of May 2, 1995
Page 4
HISTORIC PRESERVATION BOARD MEETING OF APRIL 19, 1995
No appealable items were considered by the Board. However the
Board considered the following items:
* Review three reports and establish a date for the public
hearing regarding the designation of the following
properties to the Local Register of Historic Places
- The Blank House, 85 S.E. 6th Avenue (constructed 1907)
- Historic Monterey House, 20 N. Swinton Avenue
(constructed 1939)
- Historic Bungalow, 24 N. Swinton Avenue (constructed
1925) .
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CITY COMMISSION MEETING
OF MAY 2, 1995
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM # 1·/3· - MEETING OF MAY 2, 1995
CONDITIONAL USE APPROVAL FOR THE OAK SCHOOL OF DELRAY
DATE: April 28, 1995
This is before the Commission to consider a request for condit-
ional use approval to establish a private elementary school in
the CF (Community Facilities) District. The subject property is
located on the east side of Swinton Avenue, between platted
rights-of-way for extensions of Tangerine Trail and Cocoanut
Road.
The Planning and Zoning Board formally reviewed this item at its
meeting of April 17, 1995 and recommended approval of the request
subject to conditions as outlined in the attached material.
Recommend approval of the Conditional Use request to establish a
private elementary school in the CF zone district for the Oak
School of Delray, based on positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5 (E) (5) of the
Land Development Regulations, and policies of the Comprehensive
Plan, and subject to the conditions recommended by the Planning
and Zoning Board.
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APR 2 5 1995 iF)
CiTY Mi". 'i.~' -: n!~ ¡: j (" f.
C I T Y COM MIS S ION DOC U MEN TAT ION
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TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~~j~
DIRECTOR OF PLANNING & ZING
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FROM: . NET MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF MAY 2, 1995
APPROVAL OF A CONDITIONAL USE REQUEST TO ESTABLISH
A PRIVATE SCHOOL IN THE CF (COMMUNITY FACILITIES) ZONE
DISTRICT FOR THE OAK SCHOOL OF DEL RAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish a
private elementary school in the CF (Community Facilities)
zone district for the Oak School of Delray.
The project is located on the east side of Swinton Avenue,
and is situated between platted rights-of-way for
extensions of Tangerine Trail and Cocoanut Road.
B A C K G R 0 U N D:
The Oak School of Delray obtained conditional use approval
in 1989 to establish its elementary school at St. Paul's
Episcopal Church. The school now wishes to relocate its
facility to the Delray Church of the Nazarene building, which
desires to sell its property to the school.
The conditional use request involves the establishment of a
private elementary school in the CF zone district. The school
will accommodate a pre-school program (ages 3-5) and elementary
school up to third grade. The maximum enrollment will be 48
students. The hours of operation will be from 8:15 a.m. to 2:45
p.m. for 4-9 year olds, and 8: 15 a. m. to 11:30 a.m. for 3 year
olds. There will be six full time employees (teachers and
office personnel).
The attached Planning and Zoning Staff Report contains
additional background information and a full analysis of the
request.
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PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 17, 1995. Two residents from the adjacent
neighborhood spoke on the item. While they did not have a
problem with the establishment of the school on the site, they
noted concerns with the potential expansion of the school in the
future, the possibility of extending Cocoanut Road and Tangerine
Trail to Swinton Avenue, and the potential noise from the
playground areas. The Board, by a vote of 5-0 recommended
approval of the Conditional Use modification request subject to
the following conditions:
1. Processing and approval of a site plan modification
which is in general compliance with the accompanying
sketch plan, and which addresses the issues described
under the section of the P&Z Staff Report entitled
"Compliance with the LDRs".
2 . That the site be brought up to current landscape code
requirements, along with the installation of a
continuous hedge and trees (30' on center) around
either the playground area, or along the rear property
line to help buffer the noise.
3. That the maximum enrollment for the school be 48
students and be limited to hours of operation and
grades as contained in the project description
portions of the P&Z Staff Report.
R E COM MEN D E D ACT ION:
By motion, approve the Conditional Use request to establish a
private elementary school in the CF zone district for the Oak
School of Delray based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the
Land Development Regulations, and policies of the Comprehensive
Plan, and subject to the conditions recommended by the Planning
and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of April 17, 1995
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·PLANNING & ZONING BOARD
C'iTY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: April 17, 1995
AGENDA ITEM: V.H.
ITEM: Conditional Use Request to Allow the Establishment of the Oak School of Delray,
a Private School at the former Church of the Nazarene Campus
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Owner....................................... The Church of the Nazarene N. ~CRõ
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Applicant...................................The Oak School of Delray, Inc. -l \~ 0.:
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Agent........................................ Armand Mouw U1
Mouw and Associates '-
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location.................................... East side of Swinton Avenue, north of K "-"'- H sT. H
Pine Ridge Road. ì J
Property Size............................ 1.03 acres II
Future land Use Plan............... low Density Residential
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Current Zoning.:....................... CF (Community Facitities) ...
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. Ädjacent Zoning....:........North: R-1-AA (Single Family Residential) . ""
East: R-1-AA ~
South: R-1-AA
West: R-1-AA =n ..i>JE RIDGE AD. g:
Existing land Use.................... Existing church. ~ - - -
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Proposed land Use.................. Conditional Use approval for the conversion of ti
the structure to an elementary school and pre- - - - -
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school with a maximum enrollment of 48, with z 1=
associated parking and landscaping. -~-
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Water Service........................... Existing on site. \II II III I ø-
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Sewer Service........................... Existing on site. ,.¡
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I T E M B E FOR E THE BOA R D :
The action before the Board is that of making a
recommendation to the City Commission on a Conditional
Use request for Oak School of Delray (a private
school), pursuant to Section 2.4.5(E).
The subject property is located north of Tangerine
Trail on the east side of Swinton Avenue.
B A C K G R 0 U N D .
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The Oak School of Delray obtained conditional use approval
in 1989 to establish its school at St. Paul's Episcopal
Church (located at northeast corner of S. W. 1st Avenue and
S. W. 2nd Street) . The conditional use approval allowed up
to 30 students ranging from kindergarten age to third
grade. A modification to that conditional use approval was
granted in 1991 to allow the addition of 12 students for a
pre-school program (ages 3-5).
The Oak School of Delray now wishes to relocate to The
Delray Church of the Nazarene building, located north of
Tangerine Trail on the east side of Swinton Avenue. The
Delray Church of the Nazerene was built in 1970 within the
R-1AA (Single Family Residential) zone district. In 1981,
a conditional use was approved to formally establish the
church in thë;lt district, and to construct a 3,400 square
foot addition. However, the addition was never built and
the o'ch~rch °I)Ow desires to sell the property.
With the adoption of the LDRs and associated zoning map in
° October 1990, the zoning designation for a portion of the
property (that portion which contains the structure and
parking lot) was changed from R-1AA to CF (Co~unity
Facili tofes) .
The Conditional Use request along with an accompanying
sketch plan for The Oaks School of Delray are now before
the Board for action.
PRO J E C T DES C RIP T ION .
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The conditional use request involves the establishment of a
private elementary school in the CF zone district. The
school will accommodate a pre-school program (ages 3-5)
and elementary school up to third grade. The maximum
enrollment will be 48 students. The hours of operation
will be from 8:15 a.m. to 2:45 p.m. for 4-9 year olds, and
8:15 a.m. to 11:30 a.m. for 3 year olds. There will be six
full time employees (teachers and office personnel).
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P & Z Board Staff Report
Conditional Use Approval - The Oak School of Delray
Page 2
The narrative that accompanies the application indicates
that an after school program is not contemplated at this
time. However, the school would like the option to provide
such a program in the future. With the implementation of
an after school program, the school would stay open until
5:00 p.m.
Improvements being proposed to the site at this time
include: the addition of landscaping ( trees) ; parking lot
improvements; the addition of a chain link fence around the
playground area; and interior modifications to the
building.
CON D I T ION A L USE A N A L Y S I S :
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report, or Minutes. Findings shall be made by the body which
has the authority to approve or deny the development
application. These findings relate to the Comprehensive Plan
Consistency, Future Land Use Map, Concurrency, Compatibility,
and Compliance with the Land Development Regulations ( LDRs) .
FUTURE LAND USE MAP: The use or structures must be allowed
in the zone district and the zoning district must be
consistent with the land use designation.
Prior to . the Citywide rezoning. and adoption of the LDR's
the subject property had a zoning designation of R -l.AA
(Single Family Residential). The zoning was changed to CF
(Community Facilities) with the Citywide rezoning to
accommodate the previous use (a church) . However, only a
portion of the property which contains the structure and
the parking lot was changed to CF. This possibly may hqve
occurred because the property was unplatted, and there may
have been some question as to ownership of the parcels in
this area.
Pursuant to LDR Section 4.3.1(H), where a zoning district
boundary line divides a lot, the regulations of the greater
portion shall prevail for the entire lot. As the greater
portion of the property is zoned CF, the CF zoning
designation applies to the entire parcel.
The CF zoning designation ·is consistent with the underlying
land use designations of Community Facilities and Low
Density Residential. Within the CF zoning district,
educational facilities, either public or private, are
allowed as a conditional use [REF: 4.4.21(C) (2)]. Thus, it
is appropriate to make a positive finding with respect to
consistency with the Future Land Use Map.
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P & Z Board Staff Report
Conditional Use Approval - The Oak School of Delray
Page 3
CONCURRENCY: Facilities which are provided by, or through,
the City shall be provided to new development concurrent
with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water & Sewer:
Water and sewer are provided to the existing structure via
lateral extensions from the existing water and sewer mains
located in Swinton Avenue. As the service is existing, and
no additional floor area is being proposed at this time,
there will be no impact with respect to this level of
service standard.
Drainage:
The school wishes to utilize the existing structure and
parking lot area. Additional impervious area is not being
proposed at this time. During review of the associated
site plan adequacy of existing drainage will be assessed.
No drainage concerns are anticipated.
Streets and Traffic:
A traffic study was submitted which indicates that the
school will generate 123 Average Daily Trips. The project
will take access from Swinton Avenue which is currently
operating at a Level of Service "B". The study is in
compliance with Palm Beach County Traffic Performance
Standards, and no problems are noted in meeting traffic
concurrency.
Parks and Recreation:
Park dedication requirements do not apply for
non-residential uses. Thus, the proposed development will
not have an impact with respect to this level of service
standard.
Solid Waste:
Pursuant to the Solid Waste Authority Guidelines, a school
is considered a medium waste generator, and will generate
8.9 tons of solid waste per year. Sufficient space exists
in current landfills to accommodate this proposal. Thus, a
positive finding with respect to' this level of service
. . standard can be made.
CONSISTENCY: Compliance with performance standards set forth in
Chapter 3 and required findings in Section 2.4.S(E)(S) for the
Conditional Use request shall be the basis upon which a finding
of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
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P & Z Board Staff Report
Conditional Use Approval - The Oak School of Delray
Page 4
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and no applicable
objectives or policies were noted.
SECTION 2.4.S(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.S(E)(S) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment
of nearby properties.
The properties located to the north, south, east, and west
of the subject property are zoned R-lAA and contain single
family dwellings.
The establishment of a school on this site may result in
the creation of some noise from the playground areas. The
existing structure and parking lot are however located in
the center of the site, and are surrounded by large open
space areas. The playground will be situated approximately
55' from the rear property line, and will be used several
times a day for short intervals. However, the school may
in som~ respects be . less impacti,ng. on the surrounding
neighborhood than the church, as it is not proposed to be
in operation on the weekends when most residents are home.
In order to help buffer the noise, a continuous ~edge and
row of tr:ees (30' on center) should be provided. along the
rear property line or adjacent to the fencing around the
playground area. This item can further be addressed with
the site plan.
Currently, the site is devoid of any landscape material,
and the parking lot is in disrepair. The development
proposal includes upgrading the site to current landscape
standards along with parking lot improvements. The
proposed upgrades should greatly enhance the appearance and
compatibility of the property with the adjacent residential
~ses.
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COMPLIANCE WITH THE LAND DEVËt.OPMENT REGULATIONS:·
If the conditional Use is approved, a site plan
modification submittal will be required. Along with the
Conditional Use request, a sketch plan of the site was
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P & Z Board Staff Report
Conditional Use Approval - The Oak School of Delray
Page 5
submitted and reviewed by staff. Based upon staff's review
of the sketch plan, the following items were identified.
Technical comments, which include the items below, have
been transmitted to the applicant and will need to be
addressed with the site plan modification:
* The proposed parking lot layout will require
redesigning to accommodate adequate parking and drop
off areas for students.
* Revised landscape plan to meet minimum landscape code
requirements.
* Installation of a sidewalk along Swinton Avenue.
Riqht-of-Way Obligations:
Right-of-way for Cocoanut Road exist along the northern
property line and for Tangerine Trail it is located
adjacent to the southern property line. Currently, both
roads have insufficient right-of-way width, and both
dead-end east of the subject property.
Pursuant to LDR Section 5.3. 1 (D) ( 2 ) , the required
right-of-way width for local residential roads such as
Cocoanut Road and Tangerine Trail is 60'. The existing
right-of-way width for Cocoanut Road is only 40', and the
existing right-of-way for Tangerine Trail is only 20'.
The subject property is responsible for dedicating 10' of
right-of-way for Cocoanut Road, and 20' of right-of-way for
Tanger ine Trai·l.
However, pursuant to LDR Section 5.2.1(D){4) (Reduction in
width), reduction in thß required right-of-way width may be
granted by the body having approval authority of the
associated development· application, provided the reduçtion
is suppo.rted by the City Engineer. The City· Engi.neer has
reviewed· the request and has determined that' 50' of
right-of-way is sufficient for Cococanut Road. As it is
not contemplated at this time to extend Cocoanut Road, the
dedication of the 5' can be handled as a right-of-way
reservation by separate deed. Both the right-of-way
reduction and reservation can be addressed concurrent with
approval of the site plan.
With regard to Tangerine Trail, it would be impractical to
require additional right-of-way from this property. The
q:çight-of-way. li.nesllP· w:íth, that åf.. the properties to the
'east, which are alT'eády ~evEÙoped with single family homes.
There is no real ability to obtain additional right-of-way
from those properties. If Tangerine Trail were to be
improved in the future, all the dedication would need to be
obtained from the property owners to the south.
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P & Z Board Staff Report
Conditional Use Approval - The Oak School of Delray
Page 6
The City Engineer has recommended a waiver to reduce the
right-of-way width for Cocoanut Road to 50' , and a waiver
to the dedication requirement for Tangerine Trail. The Site
Plan Review and Appearance Board can approve both of these
items as part of the site plan approval process.
REV I E W B Y o THE R S :
The rezoning is not in a geographic area requiring review by the
CRA (Community Redevelopment Agency) , the DDA (Downtown
Development Authority) or the HPB (Historic Preservation Board).
Special Courtesy Notice:
Courtesy notices were provided to the following homeowner's and
neighborhood associations:
* Seacrest Property Owners Association
* Northeast Neighborhood Association
* Lake Ida Homeowners Association
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. The Planning
Department has received one letter of objection for the proposed
change in use (copy attached), and several telephone calls
from adjacent property owners objecting to the possibility
of improving Cocoanut Road and Tangerine Trail.
., ASS E SSM E N T A'N D CON C L U S ION .
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The Conditional Use seeks to esta,blish a private school
within a church structure. Currently, no landscaping exists
on the site. : If the conditional use.Js approved. the site
..
will be landsc.C\ped to meet current code requireroents. In"
addition the : parking lot which is in disrepair will be
resurfaced and striped. The request is consistent with
Chapter 3 of the Land Development Regulations, policies and
objectives of the Comprehensive Plan, and the LDRS. With
the addition of adequate screening for the play area,
positive findings can be made with respect to Section
2.4.5(E)(5) (Conditional Use Findings), that the
development of the property will not have a detrimental
eff~ct upon the stability of the neighborhood.
. A L T E R N"A T'X V E "A . C T X 0 N S .
.
A. Continue with direction.
'. .
~
P & Z Board Staff Report
Conditional Use Approval - The Oak School of Delray
Page 7
B. Recommend approval of the Conditional Use request for
The Oak School of Delray based upon positive findings
with respect to Chapter 3 (Performance Standards) and
Section 2.4.S(E)(S) of the Land Development
Regulations, and the policies of the Comprehensive
Plan subject to conditions.
C. Recommend denial of the Conditional Use request for
The Oak School of Delray based upon a failure to make
a positive finding with respect to Section 2.4.S(E)(S)
based on the proposed use being incompatible with
adjacent properties.
S T A F F R E COM MEN D A T ION .
.
Recommend to the City Commission approval of the Conditional Use
request for The Oak School of Delray based upon positive
findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.S(E)(S) of the Land Development
Regulations, and policies of the Comprehensive Plan subject
to the following conditions:
1. Processing and approval of a site plan modification
which is in general compliance with the accompanying
sketch plan, and which addresses the issues described
under the section of this report entitled "Compliance
with the LDRs".
2 . That the site be brought up 1::<:> current landscape code
requirements, along with the installation of a
<::ontinuous ~edge and trees (30' 0h center)" around
either .the playground area, or along ~he rear property
line to help buffer the noise.
3 . That t.he maximum enrollment· for the school be 48
" ". stuçien~s. 'and be . limited tÒ hòúrs: 0 f operatio"n". and
grades" as contained 'in the project description
portions of this report.
Attachments:
* Survey
* Sketch Plan
* Letter of Objection - Richard McGloin
T:OAK.DOC
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Richard McGloin
2275 N. Swinton Ave.
Deiray Beach, FI. 33444
April 12, 1995
Open letter to the Delray Beach Planning and Zoning Board
From: Richard McGloin
Subject: Change in land use from Church of the Nazarene to Oak School of
Delray.
As a close neighbor south of the subject property on Swinton Avenue I would like
to voice my opposition to the proposed change.
INCREASED TRAFFIC
As a church site the traffic load impact is when Swinton is at low volume levels
on Sunday. As a school site the traffic load will be increased at what is already
OVERLOAD during peak times on week days. The city wisely gained control of
Swinton Ave. from the county so we, Delray, could preserve the neighborhoods
of this part of town. This was to prevent the possibility of widening the street,
which would turn Swinton into a major north south artery. With that done, it now
is time to control the uses along that street to correspond with the purpose
Delray wanted control in the first place. , .
. .
. . . .
This impâct may not be greât th~ day t'h~ school op~ns but it will grow. 'Schools .'.
are? growth inçushy.. This neìghþorhöod alre.ady is ~ui Hx'amplè of this fact.: . .' _
. . .Unity school has 'exP?nded in th~ last tw~ yews', both church, schoots just not1h '.'
. in Boynton Beach are in construction phases now and Atlantìè High School .is·.
. ove'r càpacity and looking to expand-across Seacrest. I'm toldth.~ reason O~k
. Schoo(is.mÖvirig is b~cÇl.use they outgrßw.th.eir èxis.ting .~ite. ..... .' . . .
The probable rea$ons :Oak School will grow fu.rthèr: .... :.'.. . . .
. elementary schools don~t ~top at t~e third 'grade; adding grades 4 and
5 is likely
e the Swinton property is much larger then the present building needs,
which is an invitation for building expansion
e change of ownership of OAK School can change all the motives now
being presented by the current owners. It is a for profit busine$.
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INCREASED NOISE
Plans for this school site include playground facilities, kids having fun are noisy.
Unity school already has several hundred little noise generators. My office is in
my home and I'm often asked about the noise in the background. That is not a
complaint, I just don't want to have an increase.
Unity also uses an outside paging system which gives them the Federal Highway
used car lot effect.
In summary this land use change conflicts with the vision and commitment the
city has made to Swinton Avenue and it's adjacent neighborhoods.
Should the Planning and Zoning Board error in favor of this use change,
PLEASE DO NOT compound the impact to the neighborhood by requiring or
allowing Tangerine Trail or any of the other dead end streets off Seacrest Blvd.
be extended through to Swinton Ave.
I apologize I can not attend the hearing in person. Thank you for your
consideration of these points of view.
Richard McGloin
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PlAN....NC D£PARTNENT
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # C¡.c, . - MEETING OF MAY 2, 1995
REOUEST TO OUIT-CLAIM PARCEL/SHERWOOD PONTIAC
DATE: April 28, 1995
This is before the Commission to provide direction concerning a
request to quit-claim a 26 by 300 foot section of Dixie Highway
right-of-way located adjacent to Sherwood Pontiac to Sherwood H.
Sheehan, Jr. The property is located on the east side of Dixie
Highway between Linton and Lindell Boulevards.
In the early 1980s the right-of-way for Dixie Highway was reduced
from 106 feet to 80 feet. Pursuant to the Palm Beach County
Thoroughfare Protection Map, the ultimate right-of-way width for
Dixie Highway is 80 feet. The portion of Dixie Highway adjacent
to the Pontiac property has a total of 106 feet of right-of-way;
therefore, an excess of 26 feet of right-of-way exists adjacent
to the Sherwood Pontiac Property. It is appropriate that the
excess property be conveyed to the current owner of the adjacent
property, Sherwood Sheehan, Jr.
Although the original conveyence of this property to the City was
obviously for right-of-way purposes, the use of an indenture deed
as opposed to a right-of-way deed precludes the transfer of the
property to the current owner by abandonment. If the City
desires to convey the property to Mr. Sheehan, it must do so by
executing a Quit Claim deed.
Recommend staff prepare a Quit Claim deed to transfer ownership
of the property to Sherwood Sheehan, Jr. , subject to payment of a
processing fee equal to that for abandonment of right-of-way, and
any other consideration the Commission feels is appropriate.
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APR 2 5 1995
CiTV Me' '," (>1'1"--
C I T Y COM MIS S ION DOC U MEN T' A T I 0 g" -i-
TO: DAVID T. HARDEN, CI~Y ~
FROM: DIANE DOMINGUEZ~vJ.:': ~ .
DIRECTOR OF PLANNING & ZONING
SUBJECT: MEETING OF MAY 2, 1995
REVIEW OF REQUEST TO QUIT-CLAIM THE ST 26' OF DIXIE
HIGHWAY ADJACENT TO SHERWOOD PONTIAC TO SHERWOOD
SHEEHAN, JR.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
providing direction regarding a request to quit-claim a
26' wide by 300' long section of right-of-way for Dixie
Highway to Sherwood Sheehan, Jr.
The subject property is located on the east side of Dixie
Highway adjacent to Sherwood Pontiac, between Linton
Boulevard and Lindell Boulevard.
B A C K G R 0 U N D:
In December, 1969, Jerry Earl Pontiac, Inc. petitioned the City
for the abandonment of a portion of right-of-way (ROW) that had
been platted for Dixie Boulevard. Dixie Boulevard was a local
road that if improved would have run parallel to Dixie Highway.
The City Commission approved the abandonment subject to the
dedication of the west 76' of the Pontiac property for
additional ROW for Dixie Highway. At that time, the ultimate
ROW for Dixie Highway was 106' . A deed transferring ownership
of the 76' of ROW to the City was recorded on April 3, 1970.
Rather than conveying the property as right-of-way, the deed
conveyed the property to the City as the fee simple owner. The
Documentary Stamps indicate that approximately $100 was paid for
the property.
In the early 1980's, the ultimate ROW for Dixie Highway was
reduced to 80' . Projects developed along Dixie Highway have
subsequently been required to dedicate 50' of ROW, as opposed to
76' . In February of this year Roger Saberson wrote to the City
on behalf of the current owner of the Pontiac dealership
property, Sherwood Sheehan, Jr. , requesting that the excess 26'
of ROW for Dixie Highway be deeded to Mr. Sheehan.
. r
~
City Commission Documentation
Quit Claim Deed for Sherwood Pontiac
Page 2
A N A L Y S I S .
.
Pursuant to the Palm Beach County Thoroughfare Protection Map
the ultimate right-of-way width for Dixie Highway is 80' . The
portion of Dixie Highway adjacent to the Pontiac property has a
total of 106' of right-of-way. Therefore, an excess of 26' of
right-of-way exists adjacent to the Pontiac Property. It is
appropriate that the excess property be conveyed to the current
owner of the adjacent property, Sherwood Sheehan, Jr.
Although the original conveyence of this property to the City
was obviously for ROW purposes, the use of an indenture deed as
opposed to a right-of-way deed precludes the transfer of the
property to the current owner by abandonment. If the City
desires to convey the property to Mr. Sheehan, it must do so by
executing a Quit Claim deed. Transfer of the property in this
manner requires the holding of a public hearing pursuant to Code
of Ordinances Section 36.35. The City could also require
payment for the property.
R E COM MEN D E D ACT ION:
By motion, direct staff to prepare a Quit Claim deed and
schedule a public hearing in order to transfer ownership of the
subject property to Sherwood Sheehan, Jr. , subject to payment of
a processing fee equal to that for abandonment of right-of-way,
and any other consideration the Commission feels is appropriate.
Attachment:
* Request Letter & Reduced Survey
'r : D I X I E RW _ DOC
.
.
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t
LAW OFFICE OF
ROGlER Go SABlERSON~ PoAo
70 S.E. 4th Avenue Telephone: (407) 272-8616
Delray Beach, FL 33483
February 27, 1995 _.
teænWIETft\
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Mr. Steve Taylor, Planner ~À:R 1 '995
City of Delray Beach
Planning Department PLANNING & ZONING
100 N.W. 1st Avenue .. _ ___
Delray Beach, Fl33444
Re: Abandonment of Right-of-Way Petition
Sherwood H. Sheehan, J r.
Dear Steve:
In regard to our previous discussion concerning the above referenced Abandonment
Petition please find enclosed recorded copies of the three deeds that you mentioned. They are
as follows:
1. Deed from Jerry Earl POIltiac"I~c~ to JackW. NÍcklaus and Barbara Nicklaus, his wifè
. dated January 17, 1972, .record~d in Official Record B?ok.19!1, page 518. .
2. peed ¡;6ni·Jack'W. 'Nickla~s a~d aarbaraB.' Ñ~ckia~s; 'hí~ 'wife ioTi~~tliy:A. ,
Sheehan, as Trustee, dated July 11, 1977, recorde~ in OffiÓ(l1 Record Book 2716, page
1458.,
. . 3. Deed from Sha-ron G. Best, a ~arried ~oman' to Sherw¿od H. Sheehan, J r.; a married
man, dated July 2,1991, recorded in Official Record Book 6878, page 784.
The legal descriptions used in the conveyances referred to above all are less the west 76
feet of Lots 1 to 11 inclusive Del Raton Park. As I indicated to you the original conveyance of
the 76 feet, I believe, was done at the time the original Pontiac dealership was approved by the
City.
In that regard, I enclose a copy of the deed from Jerry Earl Pontiac, Inc. to City of
Delray Beach, dated December 31,1969, recorded in Official Record Book 1799, page 670.
H the right-of-way was required by the City in connection with the original
development of the Pontiac dealership then the City should be consistent in its treatment of
" .
.
,
Mr. Steve Taylor
February 24, 1995
Page 2
situations where it had extracted the 76 feet and it was later determined that the ultimate
right-of-way would only require 50 feet. In these cases, the City, along Dixie Highway, south
of Linton Boulevard, has returned the 26 feet to the adjoining property owner, therefore, our
request is for the City to execute a Quit-Claim Deed conveying the 26 feet to Sherwood H.
Sheehan, Jr. who is the successor to Jerry Earl Pontiac, Inc. as referenced in the above deeds.
After you have had a chance to review the enclosures please call me so we may discuss
the further processing of our Petition.
Si7<e~
Roger G. Saberson
RGS/dl
·enclosure
cc: Mr. Butch Sheehan
Mr. Mark M.arsh (w/enclosures)
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Memorandum
To: David Harden, City Manager
From: Lula Carrigan Butler, Director, Community ImprovemenW
Date: April 25, 1995
Subject: Special Event Request/Delray Jaycees
ITEM BEFORE THE COMMISSION:
A request from Trey Rosacker, Chairman, Community Fundraising Committee of the
Delray Beach Jaycees to sell plants in partnership with Floral Acres, at various
locations throughout the City the weekend of May 13 & 14. The activity serves as
a fund raising project for this service organization.
BACKGROUND:
Section 2.4.6(H) of the Land Development Regulations identifies the type of
temporary uses that are allowed along with the granting authority. Temporary sales
as proposed by the Jaycees are not listed and therefore, not allowed. In the past,
the City Commission has approved the Holiday sale items in conjunction with service
organizations, however, these activities are applied as uses under tents. Floral
Acres work from one of their company trucks, usually using large yellow banners to
announce their locations. Prior sale activities have been done without City approval.
It appears that the Jaycees receive a percentage of sales done but have no physical
presence or participation in this activity.
Mr. Rosacker is requesting a waiver to the LOR's to accommodate their sales on
Mother's day weekend.
RECOMMENDATION:
Staff is recommending denial of the request as proposed pursuant to Section
2.4.6(H) of the LOR's.
LB:DQ
Jaycees.lb
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. . TEL No. 407 496 0952 Apr 12,95 20:1ó P.02
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)elray Beach Junior Chomber of Commerce -~
P.O. Box 613 .
Delrqy Beach, FL 33444
Jaycee Clubhouse located ot 901 Lake Shore Drive in Lake Ide Pork
April 13, 1995
Lula Butler and City Commisioners
]00 N.W. 1st avenue
Detray Beach, FI 33444
Dear Ms. Butler and city commisioners;
The Dekay Beach Jaycees are requesting permission to sell plants during Mothers Day. I
am sending you the permission letter we received from the owner of the property where
the Jaycee's would like to sen. The funds are going towards our chapter. This year we
have raised Moines for: Food for the Poor and Make a Wish Foundation. We also ran the
Delray Beach Holiday Parade. This fund raiser helps us to help our community thank-you
for your support.
The locations we are requesting are:
]. The Southeast corner of Congress and Lake Ida .
2. Meads Mobile Service on N,E 6th, and 8th. st. (permission letter on following page)
Respeçtfully yours,
Trey Rosacker
Chainnan. Community Fundraising Committee
Delray Beach Junior Chamber of Commerce
" .
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'NCOItØQRATfO
A AOfACI<'~ CQM,.IiNY
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FAX NO. (407)496-0952 ~
PH. NO. t-800-321-6464 EXT. 104 'I
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COVJP~ S~EET ,
TO: 1. "IA !.,II&If-
FROM: TRJ;J~ ROSACK.2'!1R
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)efrqy Beach t FL 33444
aycee Ctubhouse located at 90 1 Lake Shore Ortve in Lake Ido Perk
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DELRAY BEACH JAYCEES'
17Je. F1~ J~ ClMmbtn: 01 CÃlnlDOfClt
I
¡ Apri12S, 1995
First Union
I DeJray Beach Branch
Attn: Stephanie, Branch Manager
Dear Stephanie,
The Delray Beach Jaycees are requesting permission to sell holiday plants on
Mother's Day, May 13 & 14.
Please sign your name and return this pemússion letter if it is Q,K. with you.
,))~ ~
Signature
i ~~-L
,
Trey Rosacker
Chairman of Fundraising
.
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I P.o. Box 613 - Delray Beach,. rL 33444
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
'/ /1
FROM: CITY MANAGER { ?,V
SUBJECT: AGENDA ITEM # q.E· - MEETING OF MAY 2, 1995
REOUEST TO RELEASE LIENS/232 S.E. 3RD AVENUE
DATE: April 28, 1995
This is before the Commission to consider a request from Victor
Nocera, owner of property addressed as 232 S.E. 3rd Avenue, to
reduce outstanding demolition and nuisance abatement liens
totaling $4,603.20 to $500.00.
The subject property was condemned as an unsafe structure through
Code Enforcement and subsequently demolished in 1992. The
property was assessed and liened with the adoption of Resolution
No. 78-92 on July 28, 1992. Since then there have been nuisance
abatements related to overgrowth, trash and debris on the vacant
lot, and Mr. Nocera was non-responsive to Code enforcement
notices.
Mr. Nocera has a pending sale for the vacant lot under his
affordable housing activity for $8,500. However, he states that
his property indebtedness is $11,318.04. According to Mr.
Nocera, he will net $500 after satisfying all indebtedness
(excluding the City liens) . It is not known if the buyer will be
participating in the affordable housing program with this lot or
if the potential homebuyer will qualify under the program
guidelines.
Staff is recommending denial of the request to reduce outstanding
demolition and nuisance abatement liens; however, should the
Commission consider his request, that it be conditioned on
verification being provided to document final closing costs and
net income to seller, eligibility of homebuyer under the
affordable housing program, and net savings passed on to the
homebuyer because of releasing the City's lien.
f)~ .{-o
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.
,
. Aqenda Item NO.1 9£
, .
,
. "GENDA REOUeS~
Date: 4/27/95
Request to be placed on:'
X
. Reqular Agenda . Spec 1a 1 Agenda Workshop Agenda
When: 5/2/95
.
Uescription of a~enda item (who, what, where, how much),
Requst to elease Demolition and Nuisance Abatement Liens
¡J¡ ~E Jrd Avenue
Victor Nocera
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Denial
,
Department Head Siqnature,
DeteX'll1ination of Consistency
City Attorney Review/ Recommendation (if applicable),
.
Budget Director Review (required on all ite.ø involving expenditure
of funds): -
Funding available. YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance: .
City Manager Review: (!it NO tí L \
Approved (or agenda:
Hold Until:
Agenda Coordinator Review:
Received: I
Action: Approved/Disapproved
.
MEMORANDUM
TO: DA VID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: REQUEST TO RELEASE DEMOLITION & NUISANCE ABATEMENT
LIENS ON PROPERTY ADDRESSED AS 232 SE 3RD AVE
DATE: APRIL 26, 1995
ITEM BEFORE THE COMMISSION:
Consideration of a request from Victor Nocera, owner of property addressed as 232 SE 3rd Ave to
reduce outstanding demolition and nuisance abatement liens totaling $4,603.20 to $500.00. Mr.
Nocera has a pending sale for the vacant lot with Mr. Fred Griffin under his affordable housing
activity.
BACKGROUND:
The subject property was condemned as an unsafe structure through Code Enforcement and
subsequently demolished in 1992. The property was assessed and liened with the adoption of
Resolution No. 78-92 on July 28, 1992. Since then we have had to abate nuisances related to
overgrowth, trash and debris on the vacant lot. Mr. Nocera was non-responsive to Code
Enforcement notices requiring maintenance of his property.
According to the information submitted by Mr. Nocera, his proposed sales contract to Fred Griffin
is for $8,500. The property indebtness according to his statement and information submitted (not
adequate to verify the indebtness) is as follows:
Mortgage Balance $4,826.72
Property Taxes due (1994) 211.62
(1992) 1,676.50
City Liens 4,603.20
Total Indebtness $11,318.04
According to Mr. Norcera, he will net $500 after satisfying all indebtness (excluding the City liens)
considering the closing costs. His request is that Commission consider reducing the $4,603.20 to
$500 (his net profit). The costs and terms of the closing on the property are not sufficiently
documented.
.
.
David Harden
April 26, 1995
Page 2
It is not known at this time if Fred Griffin will be participating in the City's affordable housing
program with this lot, nor do we know if the potential home buyer will qualify under the program
guidelines and do not believe Mr. Griffin can guarantee participation at this time. Staff would prefer
to have a total package identifying all construction costs, identification of potential home buyer and
verification of their eligibility within program guidelines. We also need preliminary approval from
the bank on maximum mortgage the family qualifies for to show the necessity of releasing the City's
lien to make the unit affordable to a particular family.
RECOMMENDATION:
Staff is recommending denial of the request as submitted by Victor Nocera to reduce outstanding
demolition and nuisance abatement liens from $4,603.20 to $500. We would strongly suggest that
should the Commission consider his request, that it be conditioned on verification being provided to
document fmal closing costs and net income to seller, documented eligibility of homebuyer under
the City's affordable housing program (Ted Center and/or RON II) and net savings passed on to the
homebuyer because of releasing the City's lien.
LB:DQ
Attachment
Nocera.LB
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ro-:.:-:-- -.------__ - . ::____ __ _,__ . '_...___
.APR 4,1995
March 28, 1'3'35 i ~ '_L_ --~-- -.-J'-~ "
I
.-.....
To: Lula Butler
City of Delray Beach
Fr: Victor Nocera
Prc1perty Owner
F::e: 232 SE Ttli rd Avenue
Delray Beach
I am writing YOLl regarding a 1 i en clf $4,503.20 c,n t:"ie above
mentioned property for'demolition fees. Currently t fier e are
other obligations on t fli s lot. CDC:: is in t e\'"(::;>5 t ed in
obtaining tfie 1 c,t fl:,r building purposes. CDC has built
houses on each side of this lot.
Once the other obligations are taken care of I should net
$500.00. I am asking tfie Commi s,si on to or educ e the $4,503.20
to $500.00.
Thank you fCJ"r y c' u r c onsi dE'r at i on.
Sincerely,
f!!¿ 7L-
Victor Nocera
cc: Dave Tolces
City Attorney
r
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APR-25-95 TUE_~4:38 ~M LANDSCAPE TECHNIQUES 2762559 P.02
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IF NOT HJU..V UNDERSTOOD, SEEK THE ADVICE UF AN ATTORNEY PRIOR TO SlaNINO.
THIS FORM MAS SIEeN AÞPAOVEO By THE FLOC1IDA ASS0ClA1'ION OF REAl.TOP>S ÞJ.¡O ~e FLORIOA. 8AR.
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APR-25-95 TUE 04:40 PM LANDSCAPE TECHNIQUES 2762559 P.04
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LA~DATA, !NC. Qf florld~ - T&¡ Roll Searrh
;: !lE: 95() 2'i'1~ KtV ;) 12-43-46-16-0'-0&1-0200 LRST UPDATE:12fi6/!994
P(l~ : 2-43-46-\ b-i)4-0~ì-0200 COLLECTOR NO. 2-91ì-B~Ç'60
QWWERSI i\[IORHS LEG~l &F.S[R!PI~U~
*OCERA V C ~ k P TRUST llNNS ADD TO O~CEG~Ä PK
DElRAY
~26 WEST foR IT 20 (LESS N 1.6 Fí OF W
)FLRAV REACH, ~L 33445-9714 16 F'fj BlY 67
PEED REfERENCE p~~MEln HISTGRY
oa/89 6¡5~ 11945 ~t
dill> D,;¡ t ~ ÅMunt RcptlCert
CURRENT YEAR TAX DATA '?' H U~PA¡~ n
~~04/13/94 $ 202.46 11-28618
:~C 98 LV $ 7,~OG <..." T~X CERTIFICATE SOl~ 93-12995
~XC 93 &V t 0 B91 03/3;. m Of.TQ TAXES PAID n-,)7~Zl
DOC 00 TY S 7 ~()C 1 '?90 05! 17191 $ 1,077.3;' 12-5'IÌ546
nc 0(, MTG 1169 04/09!9~ $ 767.80 \ 2"54047
5~OSS TAl AHúUNT $ 20~,49 1 'i'(J8 05/05/8~ $ 72(1.31 ¡,-me£'
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thC ~8 CONTAINS NO DISTRICTS 00,0000
GENERAL t~uNTV Ot 2~~1 SCH00L STATE 04,91'0
sa FLP. ~P.TER ~GM~ 00. 417(, SCHDOL lOC4L 02,649G
f,r.N.D (¡O.O4~O SCNJfJL DEBT 00.6190
COUNTY ßm 00.2262 j\EAl HI f,IiRE Q1.li50n
CHIlnRENS StRViCES 1)0, ]522 lI&RARY 00.44.37
EVER&LADE ÇO~STRor.TION 00.1000 ~
kM~ 93 ~ELRAY &CH CDMM ~EOËV AGENr,ï em LE'n 06. BSoC
64 Sf 5TH AYENUE
tmnEST O!.010Q
DtLRAï BEACH, rL 334~4 c In BO~t OQ,OGû(i
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I ot tM Cl~ of dw CÞ:c:u.it: ~ in .m! tor PalIII1IuI:b Qulty.
Florida. at ~ in Put Bco1t 1, P..133.
THIS IS A PURCHASE MONEY SECOND MQRTCACE
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IRIS M. VA lCANAS, ~ m~rr1e¿ woman, dated 5eptem~er 16, 1978, in
Offici.l Records ßúok 2931. ~t Page 269, of the Public Reço~ds of
Pal~ ÐC8Ch County, Florida. to :he original principal S~ of
$19.000.00.
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(122,400,00 ) wilh ItI'C,..t (,om dUt al \.hI ,.".,1 9.5 Pf' (, \\, pt, '~I'>wm O~ III, 1I.&'n,t I,om Úlllf I. ¡Jlltt ,..",01,,1"1 upoJd.
Tbl ..", "¡"II~t and ¡nit'... ,h.1I Ix P.)·.,,!. ¡. la"t~1 MO~'Y III tho t"~I,d ~t.... al Amt'ltI .t 1498a Wh8.tley }iœd.
Dllrs.y ae.ch. FL ('If ,at ",;(1\ "hrt at ~A' I'1I"rl.hN ht d.·,irn,"rr1 ta.)- .'hU", h('Hi,'f boinl th. h('¡hl., lð \~t' m~h, h'ff'iS(, 011
I~f 4&11 ..4 ¡.. \hl ,."...n.t lo!lowlnS' .
$900.00 pet ItOrIth for rn firs I; 6 IlØ')thl, with the first ¡)&)'!!Ø\t dtJe July 1. 1985 ll'\d
the lüt payøent dI» tlacember 1. 199;, For'tho tint 6 UIa1tlu the pr!nc:lptt.1 5~11 Ì>*U
no interest provided that the 6 1U1t:hs pA)'IIa1ts are timely made. The bal~ce r~
.M1l be payable w1th interest at ~ ute of 9.5 percent and liña.ll. be payable over
It period of 60 mcnw in the Im.'\I1t of $35? 04 per l!a\tn. F.acl'\ p.a~t is due the
f1rat day of each I!d\th.
~~t6ta1'1dir.g b.a1~e u of January 1, 1986 will be $11,000.00 pt'ovided the ~t.t are
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q.F. - MEETING OF MAY 2, 1995
PROPOSAL FOR ACOUISITION OF THE SANDOWAY HOUSE PROPERTY
DATE: APRIL 28, 1995
This is before the Commission to consider options for the
purchase and conversion of the Sandoway House property to the
City's Beach Patrol Headquarters and other uses. At the April
11th workshop, direction was given for staff to continue to
evaluate the proposal including research into the availability of
grant funding. Attached is a memo from Doug Randolph on the
results of his research.
The program that shows the most interest in this project is the
Special Category Grants Program of the State Division of Historic
Resources. Planning grants range between $15,000 and $30,000.
If successful in obtaining a planning grant, the matching 50/50
funds could be expected in December 1995. Restoration grants
range from $50,000 to $250,000, and the funds (also 50/50 grant
money) would be forthcoming in the summer of 1997.
Restoration work could begin prior to receiving the grant funds,
and money used prior to grant would be deemed part of the City's
matching obligations.
Also attached is a copy of Frank McKinney's latest offer, as well
as the results of research on comparable sales by the Director of
Planning and Zoning.
Recommend consideration of options for the purchase and
conversion of the Sandoway House property.
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APR 2 4 1995
MEMORANDUM
CI j Y MANACI.:.WS U: Ii
-~ "{
TO: David T. Harden, City Manager
FROM: Doug Randolph, Training and Development Manage~~
THRU: Edward J. Gusty, Director of Human Resources fJr;jrpH'/
DATE: April 24, 1995
SUBJECT: RESEARCH ON FUNDING OPTIONS
FOR "SANDOW A Y HOUSE" PROJECT.
I have attached my notes from the research I have completed to date on the above noted
project. Mr. McKinney will be calling me this afternoon for an update. He will be
meeting with the Mayor on Tuesday and wants to have some idea of how I have done.
For restoration projects the only pro2ram that shows a hi~h interest in our project is the
Special Category Grants Program out of the State Division of Historic Resources.
These matching grants range from $50,000 to $250,000. Our local contact is Mr. John
Johnson from the Palm Beach County Historic Preservation Board. While the current
deadline for submission under this program is May 31, 1995 both Mr. Johnson and
Fred Gaske, from the State, highly recommend that we first submit an application
for a planning grant. Applications for these matching grants are due on Au~ust 31.
1995 and range between $15,000 and $30,000.
If we would pursue the above timetable and we were successful the plannin~ 2rant money
could be expected in December 1995 and the restoration funds in the summer of 1997. It
may be possible, under some extremely specific conditions, to start restoration work prior
to getting the grant and designate these costs towards our matching obligations.
The other information deals primarily with smaller grants which potentially could be
obtained and used towards the educational aspects of our project. Most of these monies
would be available in the summer of 1996.
I have requested application materials from each source to use if it is decided to move
ahead with this project.
As you are aware, obtaining grants these days is highly competitive and no assurances
can be made. Even if we are successful in the application process there is a degree of
uncertainty that the funds will be there after another one or two legislative sessions.
report
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BEACH H.Q. PROJECT
4/13/95:
City Manager asked me to investigate various funding options to purchase and convert
the "Sandoway House" to our Lifeguard Headquarters. I have 30 days to locate sources.
. Talked to John Johnson from the Palm Beach County Historic Preservation Board.
He feels that we have an excellent chance to obtain state funding for this project. He has
visited the site and is willing to provide full assistance in making application.
He feels that we should first apply for a planning grant which needs to outline the
drawings for rehab. from residence to public offices while still maintaining the historic
importance of the building. These grants are 50/50 match and range from $15,000 to
$30,000 Current deadline for this application is August 31,1995. Money can be
expected in December or January. (NOTE: State is changing the process and form.
On mailing list to secure after July 1, 1995)
We should then submit an application under the Special Category Grant for restoration
work. These grants are 50/50 match and range from $50,000 to $250,000. Match can be
provided in a variety of ways. The deadline for this application is May 31,1996.
NOTE: Fred Gaske from Tallahassee indicates that they are in the process of
altering the rules to allow reimbursement for work done prior to getting grant - but
only if building is at great risk of decay. However. money used prior to grant can be
deemed part of match etc.
NOTE: Mr. Johnson does not recommend skipping the planning grant phase and
going directly to the Special Category Grant in this current cycle. He does not feel
that we have sufficient time to do a good site plan in 30 days and by going with the
planning grant process we assure ourselves a much better chance in obtaining the
bigger money next year.) We need to concentrate on the Natural and Historic qualities
of the beach and show a strong benefit.
. Talked with Pat Cayce who will research the historic aspects of this 58 year old
house. Will need to obtain historic designation. Local designation should take about
three months.
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· Met with Frank McKinney on April 17 at his offices to review the project (274-9696).
He is ea~er to have the City purchase this property but is not willin~ to sit on it for a lon~
time. He informs of other private investors who are interested. He has also talked to
John Johnson and he believes that we can get grant money from the state. He is
researching the Lattner Foundation.
· Contact made with Art Wilde, Executive Director of F.I.N.D. (407/627-3386).
The environmental aspects of project may be of interest to them. Could possibly
provide 50/50 match - reimbursement - of some of the remodeling for this part of
structure. Could provide 100% funding (NO MATCH) for educational supplies and
equipment. Next R.F.P. in December 1995 - application deadline April 1996 - funding
in summer/fallI996. Would not discuss funding limits.
· Contact made with Ellen Kish, National Center for Preservation Technology and
Training, Natchitoches, Louisiana (318/357-6464). Lead from Ms. Gloria Elliott.
Interested in the historic preservation aspect as it might impact training and research
of our project. $40,000 max. for grants. Match is requested but not mandatory. Next
application cycle in April 1996. If approved the money would be available in May/June
1996. Money provided up front (not reimbursed). Funding our project would be
somewhat of a long shot. Will send information concerning the center and application
requirements/process.
· Contacted Paul Davis from Palm Beach County Environmental Management.
Would not be able to fund any aspects of project. Would be able to provide information
of an educational nature when we have set up etc. Their funds come from T.D.C. SUN
274-2400.
· Contact made with Mike Sole - State Environmental Protection (Sea Turtles)
May be able to fund improvements to site for public parkin~ (new lot). Since Delray has
ample beach parking this would not be a high priority project. Are able to fund 75% of
project with a 25% match. Next funding cycle in March 1996 - no money until July or
August 1997. SUN 277-1262.
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. Talked with Ann Perry, Executive Director of Florida Community Trust. (904/922-
2207) She was referred to me by Dwane Defreese from the Environmental Learning
Center of Brevard County. They have funds from the Preservation 2000 pool that can
only be used for acquisition type proiects. She felt our project would be somewhat
problematic due to the mixed use of the building. Having governmental office space as
opposed to total public use tends to weaken our funding chances. She did feel that
our proposal had merit and she will send us the RFP. Their next cycle is from June 2 thru
August 16, 1995. Funding selection takes place in December with the money becoming
available sometime during the summer of 1996. She did indicate that we may not fare
well in comparison with the other applicants. Smallest grants are in the $75,000 range
with some going as high as 2.5 million. Match is encouraged and application review
points are given to those who have a high match ratio. Their process is very labor
intensive with a number of site reviews, stipulations and requirements.
. Talked with Jerrie Lindsey, Grants Administrator for the Florida Advisory Council
on Environmental Education.(SUN: 277-0123) This program receives money from the
Save our State Environmental Education Trust Fund which obtains proceeds from the
Manatee and Panther license plate sales. There is a bill in the current legislative session
to abolish the program. The bill has already passed the House. Ifthey survive, they
would be interested in providing assistance in setting up educational displays that would
focus on public education concerning the beach. geological functions of the dune to
protect from storms. sea turtle education and walks. Could also pay for staff involved in
sea turtle walks/education. The next RFP will be out in January 1996 with application
due date in May 1996. Match is not required, but points are given in the review process
for local match. Grants range from $10,000 upwards to $100,000.
beachhq
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Venture Concepts International, Incorporated
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* City Of J')elr~y B@ach PUrchS!!iè Plan POl" The Sandoway HOUSE! *
* Presented Hy Frank IL McKinney, Venture Concepts Int'l '#I
Phase 1 : Purchase of the property
$650,000 fOlir: ma'["k~t. value of property
<$ 25,000> contributed by VCl by reducing purchase
$62~,00O total purchase pr1C@
VCI will enter into an installment sal@s contract or similar
instrument ~ccept.ilblé to the City and will accept payment of
the purchase prIce over three (3 ) fiscal years (City's fiscal
years 1995, 1996 & 1997)
T@rms would be as fol10w6:
$300,000 paid in fiscal year 1995
$200,000 paid 1-n fiscal year 1996
$125,000 paid i 11 fiscal year 1997
Upon r@ct!ipt of the initial installment payment in the amount
vi $300,000, the balance would be carried by VCl at the
lowest City guaranteed municipal bond rate or Wall Street
J01.u'na1 Primt! Rate, whichever is lower.
--- ....-..
Phase :1 : Renovation/Constructiun
Usins a figure of $200,000 in renovations the following are
very real grant possibilities, others are b@inS pursued by
Doug Randolph, of the City of Delray Beach:
1) Historic Preservation ßoard/Society of Palm Beach County
John Johnston 243-0223
a) $ for $ match up to $250k
b) mU!lt b@ non-profit. entity
c) must dedicat@ portion of the building I to public
a s use
e d u c: Ii t. i (I rt
2) Lattner FoundaLiulI
a) funds must be used in conjunction w/ public education
3) Plorida Inland Navigational District (FIND)
a) fUl}ds must be used to foster education regarding
sensitivity of the marine envil'ooment
~--_._..~.' ... .. - -- ""---- -
Few opportunities exist to add a b@achfrònt park and green
5pace, a lifeguard headquarters, a public education/tourist
center, additional bèach parking, and public restrooms in one
acquisition!
.... L 1 1 n
n Southeast 6th Avenue, Delray Be.Kh. Floridà .33483-5316, U.S.A.
Telephone (407) 274·9696
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APR 2 7 1995
PLANNING AND ZONING DEPARTMENT MEMORANDtffiy M \ ~iA(·n¡:¡( rp 'CI
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TO: DAVID T. HARDEN
CITY MANAGER ~ "
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FROM: DIANE DOMINGUEZ 1~
DIRECTOR OF PLAN G ND
SUBJECT: 142 S. OCEAN BLVD.
DATE: APRIL 27, 1995
At your request, I reviewed the information provided on
comparable sales for the Hood (McKinney) property, at 142 S.
Ocean Blvd.
Of the nine comparable sales provided, three were oceanfront,
and three fronted on basins or canals. The remaining three
appeared to provide the best comparison of value. Specific
information on each is included in the attached table, and is
summarized as follows.
The average price per square foot (living space) of the homes is
$224. The most recent sale, which occurred in March of this
year, had a price per square foot of $193. The AVR (selling
price divided by the assessed value), which is sometimes used as
"ballpark" indicator of value, averaged 1.6 for the three homes.
The subject property is being offered at $625,000, which equates
to a price per square foot of $283. The asking price represents
an AVR of 2.1. If the 1.6 figure were applied, a figure of
$478,000 would result.
Please note that I made no adjustments for amenities or zoning.
Two of the sales were in the R-1AA district, and one is zoned
RM, as is the subject property. A formal appraisal of the
property would take into account the different zoning districts,
as well as other differences between the properties. I contacted
two appraisers for estimates on the cost of conducting an
appraisal of the property. The lower of the two fees was $600.
On a more general note, I understand from discussions with local
realtors that prices in the beach area have risen steadily.
Condominiums in Ocean Place, which is right near Sandoway Park,
sell between $250,000 to $300,000. The townhomes at Nassau
Point have sold in the half-million dollar range.
I hope that this information is useful. If you have any
questions or need additional analysis or appraisal fee
estimates, please let me know.
Attachment:
* Comparable Sales Data
T: HOOD. DOC
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ALTERNATIVE FUNDING SOURCES FOR BEACH LIFEGUARD HEADQUARTERS
LAND AND FACILITIES
ASSUMPTIONS:
1. Land/Buildings Purchase Cost- $625,000
Terms:
$300,000 FY 1995
200,000 FY 1996
125,000 FY 1997
INTEREST AT LOWER OF LOWEST CITY BOND RATE OR PRIME
RATE
2. Building Renovation Cost- $225,000
GIVEN:
$225,000 in funding available in General Construction Fund
ALTERNATIVE FUNDING FOR $625,000
· Sell present site
· State/Federal Grants
· Beach Improvement Fund (Fund Balance)
· General Fund Projected Budget Surplus FY 1994-95
· Water/Sewer Connection Fees (Pump Station Project)
· SCRWTDB Funding (50% Boynton Beach, 50% Delray Beach)
· water/Sewer Forward Supply Contract Funds
COMMENTS ON ALTERNATIVE FUNDING SOURCES
· Sell present site
The present lifeguard headquarters facility at the corner of
Atlantic and AlA to the best of my knowledge has a deed
restriction that the property will be used for a public
recreation purpose and therefore this would not be an
acceptable funding source.
e State/Federal Grants
There is potential for some participatory grants from either
the State of Florida or the Federal Government; however,
these grants usually require lengthly amounts of time to
develop into actual cash transfers and usually have some form
of restrictive covenants that mayor may not be acceptable to
the City. This form of revenue would certainly not be
available for a "quick turnaround" land purchase. We would
have to front-end the acquisition and have the grant
reimburse the City and most grants do not cover pre-grant
expenditures. Therefore, this would not be considered a
reliable funding source for this project.
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Page 2
· Beach Improvement Fund (Fund Balance)
This Fund has approximately $750,000 in uncommitted Fund
Balance that is primarily used for beach surveys and turtle
conservation programs and up-front reserve funds for the
beach renourishment program that is funded with reimbursable
County/State/Federal grants. If these funds are used for the
real estate purchase, we would have to get a grant
anticipation note each 7 years when we do the beach sand-
pumping project. These funds can also be considered reserves
for beach restoration following storm activity and can also
be used for other capital improvement or renewal &
replacement projects on the beach. We do not feel that these
funds should be used for property acquisition and generally
should be used for acquisition and maintenance of the beach
property itself and beach facilities.
e General Fund Prolected Budqet Surplus FY 1994-95
The General Fund has an Unappropriated Fund Balance of $3.7
million and is currently projecting a FY 1994-95 budgetary
surplus of $1 million.
The Unappropriated Fund Balance is needed to finance the
operations of the City for the initial quarter of each fiscal
year until property tax revenues are received from the
County. We currently have a balance in this account which is
9-10% of our operating budget which is acceptable at this
time.
The projected budgetary surplus of $1 million could be
appropriated by the City Commission toward this project. The
City could spend $300,000 in this fiscal year and leave some
balance for the possible shortfall in the Pompey Park Pool
and other commitments and simply budget the remaining
payments in future year's budgets.
e Water/Sewer Connection Fees (Pump Station Prolect)
These funds could possibly be used to partially fund the
acquisition costs if the site were to be used for housing a
water reuse pump station; however, all current connection
fees are committed to projects and therefore we would have to
reprioritize our 5-year plans.
· SCRWTDB Fundinq (50% Boynton Beach, 50% Delray Beach)
If this site were to be used for a water reuse facility, it
could be possible to make this part of the SCRWTDB reuse
project and have Boynton Beach participate in the cost.
· Water/Sewer Forward Supply Contract Funds
This would not be recommended for this project per the
memorandum on this subject that was sent to your office this
week. The Water/Sewer Fund simply could not afford to lose
$1,025,000 to the General Fund at this time.
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SUPPORT ~
"THE SANDOWAY HOUSEI1I
ACQUISITION
- Why Should You Support The Sandoway House Acquisition?
- Here's Why:
1. Adds Parks and Green Soace
In addition to this being a mandate in City Comprehensive Plan, Visions 2000
& Visions 2005, we, as a city, need more green space. This addition would make what is
cunently two small, "chopped up" spaces into one contiguous, open, oceanfront park. Boca
Raton just spent $17,000,000 to acquire their latest park. Can't we, as a city with much less
park space, spend 3 percent of that for the kids and citizens of Delray Beach!
2. Adds a Marine Education & Beach Information Center
Delray Beach needs a facility to educate residents on the ocean, the beach
enV:.ronment, the sea turtles, the manatees and the Delray Wreck. Gumbo Limbo, as a county
school board leased property only makes its programs available to public school children in
grades 3, 5 and 7. Private school students are not eligible for programs at Gumbo Limbo.
Gratlt monies are available for this aspect of the site as well as willing and able volunteers.
The house could also be used for a Visitor Information Center to keep the tourists in Delray
Beach rather than having them drive past into Boca Raton.
3. "Safest" Life2uard Headquarters Location
For safety and response time considerations, this site is the best suited. With
the increase in the number of rescues being performed by the Beach Patrol, (29 in April, '95
alorle, versus 84 in all of '94), location is paramount. Remember injuries, deaths and
law:mits are directly impacted by response time and distance. Anchor Park is to far away and
Sandoway Park is too small and ill-suited. We need the existing park space to stay park
spaGe, not to become the site of another concrete building. This site is not only geographically
perfect, but allows the beach patrol ample space for vehicle storage, parking and training all
in a beautiful, historic building.
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4. Adds Needed Public Facilities ....
This site allows for much needed public and handicapped restrooms and will
increase public parking by 15 spaces, while also allowing on-site lifeguard parking.
5. Grant Monev
This site is eligible for grant monies under various state, county and private
fowldations; A state historic preservation trust has expressed very real interest in providing
matching funds for restoration of the house. Also, funds for the completion of and
mai ntenance of a marine education area, as well as for the acquisition itself are available.
6. Preservation
This historically-correct, circa 1936 house is ideal for restoration. It's layout
and floor plan is perfect for this proposal. It is structurally sound as wen as a now rare
example of Florida beachfront living of past. A large part of Delray's character and way of
life comes from itls charming architecture. Do we really want this unique Delray Beach
landmark home lost only to be replaced with another multi-unit condo?
7. Affordabilitv
By structuring the purchase to take place over three years, we can do this
affordably. The city would be allowed to take possession immediately, while spreading the
principal payments out over three fiscal years, all within the budget. Interest will be charged
only at the reasonable city bond rate. It would not be necessary to use the city budget surplus
for this purchase. The monetary difference in this purchase and in the construction of a new
blo(:k building is minimal given the advantages. Also, the new construction cost of the new
HQ ($250,000) is only a preliminary estimate. Does anyone remember the original estimate of
Pompey Pool, now estimated at over $1,000,000!
In no other single acquisition could the City of Delray Beach accomplish so much.
Ple~lSe consider all the opportunities available and ........SUPPORT "THE SANDOW A Y
HOUSE" ACQUISmON!
Prepared By:
Citizens For "Sandoway"
1011 N. Swinton Avenue, Delray Beach, FL 33444
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # qG· - MEETING OF MAY 2, 1995
BANNER ATTACHMENT AGREEMENT/FLORIDA POWER AND LIGHT
DATE: APRIL 28, 1995
This is before the Commission to consider approving a Banner
Attachment Agreement with Florida Power and Light Company to
temporarily hang banners purchased by the Joint Venture on FPL
poles along Federal Highway.
These 40 by 80 inch banners are to hang on north and south bound
U.S.1, two blocks either side of Atlantic Avenue, announcing the
approach to downtown Delray Beach.
We have re-reviewed the insurance market and have determined that
we can obtain the required insurance coverage for $1,000 to
$1,500.00.
Recommend approval of the Banner Attachment Agreement with
Florida Power and Light Company.
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[IT' DF DELIA' BEA[H
DELRA Y BEACH
, lOR 0 "
td&d 100 NW. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AII·America City
, III t~ MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING 4/4/95
BANNER ATTACHMENT AGREEMENT/FP&L
DATE: March 31, 1995
ACTION
Commission is requested to approve a Banner Attachment Agreement
with Florida Power and Light Company, to hang banners purchased by
the Joint Venture on Federal Highway.
BACKGROUND
In late 1993 the Joint Venture proposed to buy attractive banners (40' x
80) to hang on north and south bound U.S.1, two blocks either side of
Atlantic Avenue. The banners announce the approach to downtown
Delray Beach. Based on a verbal approval from Florida Power and Light
Company the banners were purchased. Subsequent to the purchase,
Florida Power and Light Company withdrew their approval in early 1994.
Since that time, I have been working to temporarily hang these banners
from existing Florida Power & Light Company poles until such time as we
can install permanent poles, with Federal Department of Transportation
approval.
We have finally reached a proposed agreement. The only concern,
however, is the insurance requirement. As written, we will have to obtain
liability insurance. We tried unsuccessfully to negotiate a change in the
insurance language.
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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Agenda I tern #
Page 2
RECOMMENDATION
Consider approval of Banner Attachment Agreement with Florida Power
and Light Company on U.S. 1.
RAB:kwg
Attachment
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BANNER ATTACHMENT AGREEMENT
This Banner Attachment Agreement ("Agreement") is made as of ,1995,
by and between Florida Power and Light Company ("FPL") and the City of Delray Beach,
("CITY") and Delray Beach Joint Venture, (hereinafter collectively referred to as the
"City").
RECITALS
WHEREAS, the CITY has requested that it be permitted to attach decorative
banners to certain FPL owned utility poles; and
WHEREAS, FPL and CITY desire to enter into this Agreement to set forth the terms
and conditions upon which CITY may attach decorative banners to certain FPL owned
utility poles.
NOW, THEREFORE. in consideration of the covenants, conditions and agreements
hereinafter set forth, FPL and CITY hereby agree as follows:
I. GRANT OF PERMISSION
a) For the term of this Agreement and subject to the terms and conditions
herein contained, FPL grants CITY permission to attach decorative banners to sixteen FPL
owned concrete and wooden utility poles located on the east and west side of N.E. 5th
Avenue, between N.E. 2nd Street and Atlantic Avenue and on the east and west sides of
S.E. 6th Avenue between S.E. 2nd Street and Atlantic Avenue. Each banner shall be no
larger than 30 inches wide and 80 inches long. This grant does not extend to banners for
commercial advertising, and banners for commercial advertising are expressly prohibited
hereunder.
II. ATTACHMENT REQUIREMENTS
a) Banners may be attached to the north and south faces only of each utility
pole and shall be secured to hang vertically from each pole. Horizontal banners from
pole to pole are not permitted.
b) Subject to FPL's prior approval, (which may be withheld in FPL's sole
discretion) CITY shall select the manner and method by which to secure banners to the
utility poles.
c) Notwithstanding the above, in no event shall the banners be fastened to
the poles in a manner which causes or may cause structural damage to the poles.
d) In no event shall the banners be fastened to the poles in such proximity to
FPL's facilities so as to cause, or be likely to cause, interference with the supply of electric
service, or a dangerous condition. The attachment height for each banner at it's lower
edge shall be 18 feet from the ground surface and no closer than 40" from the power
lines.
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III. TERM
This Agreement shall be effective on the date of execution by all the parties hereto and
shall remain in effect until December 1, 1995, provided it is not otherwise terminated
earlier pursuant to provisions contained herein. The parties may extend the term upon
mutual agreement and by amendment hereto.
IV. CITY'S OBLIGATIONS
a) CITY, at its cost, shall be responsible for the installation and removal of the
banners.
b) CITY shall maintain the banners and all fastening devices in good repair
and condition during the term of this Agreement.
c) CITY represents that is will install banner poles on N.E. 5th Avenue and S.E.
6th Avenue prior to September. 1995. Upon completion of this project. CITY will with
reasonable promptness, transfer the banners to the new poles. In the event CITY does
not complete the banner poles project by December 1, 1995, this Agreement shall expire
on its own term as provided in Article III.
d) At its cost. CITY shall promptly remove all banners from FPL's poles in the
event a hurricane watch becomes effective for the subject area and may re-install same
after the threat of storm has passed.
V. FPL DISCLAIMERS AND RESERVATION OF RIGHTS
a) CITY agrees that the CITY shall be responsible for any damage to property
or injury to persons or death arising out of or in any way caused by or connected to
CITY's negligence in its use of FPL's poles pursuant to this Agreement.
b) FPL reserves the right to remove and/or request removal of any banners
and/or fastening devices (and shall not be responsible for any damage to same) should
FPL in its sole judgment determine that removal is necessary due to operating or facility
maintenance requirements. FPL shall have no obligation to re-install any banners and/or
fastening devices should temporary removal be required.
c) FPL reserves the right to change or modify its existing facilities on the
subject utility poles at any time during the term of this Agreement. If such changes or
modifications render the poles unsuitable for continued use by the CITY due to facilities
requirements, FPL may remove or require removal of any banners and/or fastening
devices.
VI. INSURANCE
a) During the term of this Agreement, CITY shall procure and maintain the
following minimum insurance in forms and with insurance companies acceptable to FPL:
1 ) Worker's Compensation Insurance for statutory obligations imposed by
workers' compensation laws. Self-insurance is permissible.
.
2) General Liability Insurance, including Broad Form Contractual Liability
Coverage, with minimum limits of One Million Dollars ($1,000,000.00) combined single limit
per occurrence for Bodily Injury and Property Damage Liability. FPL shall be designated
as an Additional Named Insured and the policy or policies shall be endorsed to be
primary to any insurance which may be maintained by or on behalf of FPL.
VII. TERMINATION FOR CONVENIENCE
Either party may terminate this Agreement for its convenience at any time upon
fifteen (15) days prior written notice to the other, without liability, penalty or obligation.
VIII. NOTICES AND CORRESPONDENCE
All notices pertaining to or affecting the provisions of this Agreement shall be in
writing and either delivered in person or via the United States mail, postage prepaid,
addressed as follows:
a) Florida Power & Light Company
External Affairs Manager
P. O. Box 2409
1000 N.W. 17th Avenue
Delray Beach, Florida 33447
b) City of Delray Beach
David T. Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
c) Delray Beach Joint Venture
Marjorie Ferrer, Director
64 S.E. 5th Avenue
Delray Beach, Florida 33483
IX. ENTIRE AGREEMENT / AMENDMENTS
This Agreement constitutes the complete and exclusive agreement among the
parties with respect to the subject matter herein. Parol or extrinsic evidence shall not be
used to vary or contradict the express terms of this Agreement. No amendment
hereafter made between or among the parties shall be binding unless set forth in a
written instrument authorizing any executed with the same formality as this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first written above.
FLORIDA POWER & LIGHT COMPANY
WITNESS:
By:
(Name - Title)
. , .
.
CITY OF DELRA Y BEACH, FLORIDA
ATTEST:
By:
Thomas E. Lynch, Mayor
Alison MacGregor Harty, City Clerk
DELRA Y BEACH JOINT VENTURE
ATTEST:
By:
Marjorie Ferrer, Director
Alison MacGregor Harty, City Clerk
.
·
.-
AS IiOv J 0 1994
[IT' DF DELRA' BEA[H
DELRAY BEACH
rID R I [) A
~ 100 N.W. 1 5t AVENUE· DELRAY BEACH. FLORIDA 33444 . 407/243-7000
All-America City
" III! M E M 0 RAN DUM
Robert A. Barcinksi, ASSist~Manager
TO:
1993
FROM: Lee R. Graham, Risk Manager
DATE: November 30, 1994
SUBJECT: Revision of the City/FPL Banner Display Contract
As a response to your request and the changes to the proposed agreement
with FP&L, I suggest the following:
VI. Insurance
a. (As written currently)
1) (As written currently)
2) General Liability Self-Insurance, including Broad Form
Contractual Liability Coverage, with Statutory Limits
of $100,000 each person/$200,000 each occurrence
Combined Single Limit of Bodily Injury and Property
Damage as required by Florida Statute 768.28. It is
agreed that the City's Self-Insurance Program will
dssume primary liabili ty for defense and payment of
claims arising out of the City's negligence in the use
of the FPL utility poles in the banner attachment
displays, subj ect to the aforementioned limi ts and in
keeping with Florida Laws. A Certificate of
Self-Insurance is to be provided by the City to FPL.
Please present this proposed contract language to the City Attorney for
review and any revisions which may be deemed proper.
LRG/rc
Attachment
cc: Susan A. Ruby, City Attorney
Joseph M. Safford, Finance Director
@ Printed on r1ecycled Paper THE EFFORT ALWAYS MATTERS
, -
. ~
.
[IT' OF DELRA' BEA[H
DELRAY BEACH
r lOll. I 0 "
b1b:II 100 N.W, 151 AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
All-America City
'IIII!
November 27, 1994
1993
A. G. Russillo, Jr., Account Manager
Florida Power and Light Company
P. O. Box 2409
Delray Beach, Florida 33447-2409
Re: Temporary Hanging Banners/Downtown
Dear Rusty:
Sometime ago we discussed the possibility of temporarily hanging the 30" x 80" banners
for the Downtown area on Florida Power and Light poles on N,E. 5th and S.E. 6th Avenue.
It is our intent to install our own poles on these streets. We are in the process of obtaining
D.O.T. permits for the project.
I have enclosed a draft agreement with Florida Power and Light similar to the agreement
you have with Boca Raton. Please review the draft and let me know if we need any
changes. If you concur, it would be my intent to try to get City Commission approval of
the agreement at the December 12, 1994, City Commission meeting. By copy of this
letter, I am requesting our City Attorney to also review the draft. If you have any
questions, please call me at 243-7011. Thank you for your help.
Sincerely,
/J ~
/" ;' ,/" .''''
J c·~~.~-f /'/, /l:-JL.-.i'-~..<.",,, .:
ROBERT A. BARCINSKI
Assistant City Manager
RAB:kwg
cc: Richard Corwin
Susan Ruby
Marjorie Ferrer
D Π@-~ O.~J~ :
I NOV~81:QA¡
---. ------------ h. _J
@ Printed on RecycltKf Papar THE EFFORT ALWAYS M,qTER:õ
~
. ·04/26/95 16:39 FAX 407 276 5244 PLASTRIDGE I4J 001/00.
THE PLASTRIDGE A.GENCY, INC. P.O. Drawer 7M
Thomas E. Lynch, C.P.C.'ll. 820 North Federal Highway
Michael Bottcher, C.P.C.'ll. Delray Beach, Florida 33447-0730
Michael Oberlander
Scott Tobias, A.A.!.
Dekay: (407) 276·5221
Stephen P. Lewis Broward: (305) 4214100
Life. Health, Financia1 Palm Beach: (407) 737·9996
Services Department Fax (407) 276-5244
(407) 395-1433
PAX PORK
TO: City of Delray Beach
ATTN: Barbara Garito
FAX #: 243·3774
FROM: Lindsey
DATE: April 27, 1995
RE: FPL Banner Display Contract
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
As discussed with Torn, we could provide a Special Event, General
Liability policy through Nautilus Insurance Company, rated A,
Class VI in Best's Key Rating Guide for 1994 as follows:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$1,000,000 Personal & Advertising Injury Liability
$ 50,000 Fire Damage Limit/anyone fire
EXCLUDED Medical Payments
$ 500 Bodily Injury Deductible/per claim
$ 500 Property Damage Deductible/per claim
ESTIMA~ED ANNUAL PREMIUM $1,000.00
POLICY FEE $ 25.00
5 % TAX $ 51.25
TOTAL $1,076.25
**Policy will be issued short ter.m to expire 9/1/95 with premium
lOOt earned.**
**FPL will be added as additional insured.**
~lease review and do not hesitate to call if you should have any
questions.
PAGES
COVER SHEET: _1_
INSURANCE AGENTS and CONSUl/rANTS SINCE 1919
Boea Raton Ofñce: 2100 N. Dixie Highway, Boca Raton. Florida 33431 · (407) 895·1433
Coral Springs Office: 9660 We6t Sample Road. Suite 103, Coral Springs Florida 33065 . (305) 752·8230
North Palm Beach Office: 701 U.S. Highway 1, Suite 302, North Palm Beach, Florida 33408·4514 · (407) 842·7208
-
.
" . ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!J/<.{
SUBJECT: AGENDA ITEM # 9·1(. - MEETING OF APRIL 4, 1995
BANNER ATTACHMENT AGREEMENT/FLORIDA POWER AND LIGHT
DATE: MARCH 31, 1995
This is before the Commission to consider approving a Banner
Attachment Agreement with Florida Power and Light Company to
temporarily hang banners purchased by the Joint Venture on FPL
poles along Federal Highway.
These 40 by 80 inch banners are to hang on north and south bound
U.S.1, two blocks either side of Atlantic Avenue, announcing the
approach to downtown Delray Beach.
It only remains to obtain liability insurance. By Tuesday, we
hope to know whether we can purchase such insurance and what the
cost would be.
Recommend approval of the Banner Attachment Agreement with
Florida Power and Light Company, if insurance is available at a
reasonable price.
POS .J-pon El> -10 4/1f?/Cf5
~ b/tfl/9t5 ~
~9G
,,' .
·
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q. II· - MEETING OF MAY 2, 1995
CONTRACT ADDITION (C.O.#4)/HARDRIVES OF DELRAY, INC.
DATE: APRIL 28, 1995
This is before the Commission to consider Contract Addition (C.O.
No. 4) in the amount of $80,306.90 to the contract with Hardrives
of Delray, Inc. for S.W. 10th Street - Phase II improvements to
the CSX Railroad right-of-way, and for paving S.W. 6th Avenue and
S.W. 11th Streets.
The first item consists of widening the pavement within the CSX
Railroad right-of-way, and includes construction of sidewalks,
curbs and a concrete median. Funding of $42,268.90 is from the
Decade of Excellence (Account No. 228-3162-541-61.90)
The second item consists of paving S.W. 6th Avenue and S.W. 11th
Street southwest of Pine Grove Elementary. Funding of $38,038.00
is from the Decade of Excellence (Account No. 228-3162-541-61.19)
Recommend approval of Contract Addition (C.O.#4) to Hardrives of
Delray, Inc.
~ $-0
, ,
·
Agenda Item No.: 9· fl·
AGENDA REOUEST
Date: April 27, 1995
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: Mav 2, 1995
Description of item (who, what, where, how much) : Staff reauest Commission
approve Contract Addition (c.o. #4) to Hardrives of Delrav, Inc. in the amount
of S 80,306.90.
The first item in this Contract Addition consists of wideninq the pavement with
the CSX Railroad riqht-of-wav, and includes construction of sidewalks. curbs and
a concrete median. This work was not included as part of the oriqinal contract
since the FDOT had qiven Enqineerinq a construction date of Julv 1995 for the
railroad crossinq, and since the work under this contract was oriqinallv
scheduled to be completed bv March 1995.
The fundinq source of this work is from the Decade of Excellence Account
No. 228-3162-541-61.90 for S 42,268.90.
The second item in this Contract Addition consists of pavinq S.W. 6th Avenue and
S. W. 11th Street southwest of Pine Grove Elementarv. See attached plans.
The fundinq source for this work is from the Decade of Excellence Account
No. 228-3162-541-61.19 for S 38,038.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommen to
Hardrives of Delra Inc. in
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~NO
Funding alternatives (if applicable)
Account No. & Description;Z~3/h;(' -91/-61. 'If) (IJrrME cFR-e-, là:WJ+-~"Ç CAPI71f!L- <;~//JI7I>i)
Account Balance . 3~S; 7"'/. ¡,l.
:;Z;Lð'-31¿'~ -9fI-(.'.11(~t9{)ç oFAC- l2o.Aß+s7 G4"1~ 5TÆR,;vvrÞt'IA(]7,,/,,)
City Manager Review: -; '571) '7("OJ I ~~ lff~'îS:
Approved for agenda: G/NO l~lL il
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
KBSWI0AG.KT
"
~
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: C. DANVERS BEATTY, P.~-::>
CITY ENGINEER
DATE: April 28, 1995
SUBJECT: SW 10TH STREET - PHASE n
Project No. 94-084
Attached is an Agenda Request for Contract Addition (CO#4) to Hardrives of Delray, Inc. in the
amount of$80,306.90
The first item in this Contract Addition consists of widening the pavement within the CSX Railroad
right-of-way, and includes construction of sidewalks, curbs and a concrete median. This work was
not included as part of the original contract since the FDOT had given Engineering a construction
date of July 1995 for the railroad crossing, and since the work under this contract was originally
scheduled to be completed by March 1995.
The funding source for this work is from the Decade of Excellence account no. 228-3162-541-
61.90 for $42,268.90.
The second item in this Contract Addition consists of paving SW 6th A venue and SW 11th Street
southwest of Pine Grove Elementary (See attached plans). The unit prices in Hardrives quotation
reflect the unit prices in the original contract. The lump sum prices and some of the utility prices not in
the original contract are consistent with those of other projects and are reasonable for the proposed
scope of work.
Furthennore, the unit prices in Hardrives contract were compared to those of two other contractors
working in the southwest area of the city, namely Sullivan Bros. (SW 9th Ave) and Colonna
Construction (Scrap and Impound Lot). Comparing the largest quantity on this project which is the
asphalt at 1500 square yards, the price differences are $6,000 and $2,250 more respectively. From
comparisons of the asphalt, as well as other unit prices, Hardrives quotation will provide for the lowest
total price.
The funding source for this work is from the Decade of Excellence account no. 228-3162-541-
61.19 for $38,038.00.
Please place this item on the agenda for commission approval.
Attachment
cc: Joseph Safford, Director of Finance
File: Project No. 94-084
AR-CA4.DOC
" , .
ID. PAGE 1
APR-25-S5 01.04 FROM.
.
~~ $TRltETS If~ GR....OING ROCK a. FIL.L. .f CON(:MIETIt WORK
..HONIE 27.-0.S.
2.3S0 SOUTH CONGRESS AVENUE QUOTATION
DIi:L.RAY BEACH, P'LORIDA 33445-73118
April 24, 1995
TO: City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Name of project: S. W. 10th Street
Lacetlon: Adùitional work west ofI-9S on S.W. 10th Street
PIa... .nd lpeetflcatton.:
As per plan!> dated Sept. 1994, sheets 3A of 20 & 3 of 20
with the latest revision dated 12/22/94
WI PROPOII TO IIUR.SM ALL LAlOR, MATRIAL AND IOUI'IIMT TO 'BFORM THIIIOUOWING:
1 LS Railroad insurance @ $4,036.00 $ 4,036.00
t LS M.O.T.; CSX F)agmen @ 55.000.00 $ 5,000.00
I LS Pavement removal @ $6,154.00 $ 6.154.00
635 SY 1-1/2" asphalt @ $12.50 $ 7,937.50
171 LF Type "F"curb @ $6.40 5 1,094.40
545 SF Cone. sidewalk @ $1.60 $ 872.00
215 LF Concrete separator @ 549.00 $10,535.00
1 EA Adjust manhole top to grade @ $780.00 $ 780.00
1 LS Striping @ $5.860.00 $ 5.860.00
TOTAL 541,Z68.90
The Prlcø Þ this Quotation .,. valid for 10 CIaV'. TMnk Vou.
ACCII"" .V: HARDRIVU Oil DILRAY, INC.
. ----- . ...~.. '~"'"-''' TifL. ...ct NvlÌrn, PrOject _n_ie,. --.
DATI: .....---*.... ...
HARDRIV!S CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BAS! WORK CONSTRUCTED BV OTH!RS:
Powtr ,1HfIng and fMt .wtI will da""'9' ISp/IIIlt W. QfIMOt be held *POfIIÏbII- c:ompIelion of this project. Grass and woeds willgl'OW thIOugh ISpllalt. Tilt oootJOl of II-. is
Ih, I'IISponIlbIIIIy 01.... ØWT1lf of 1111 property. Buyer'. aigneclllCClOlll'IcI will CDfII1IMt I binding c.otInct. In the .vent thero .. ....y defIIult In ,-ymlnII dIM UrIdIf' ItI/s c:onll'lØlllnd the
SlIme II pIIC8d In !he hinds of en .uomey for coIItdion. 1ht purclløer and/or pul'CtlMell egNlIO pi)' III COlI 01 c:oIIectIon, InCluding a reaSOnlble 1Iomey', lee.
,
ID, PAGE 1
APR-27-86 02,47 FROM,
.
,iv DRIVEWAYS .. ..AIltKING AREAS . STREETS t, GftADING ~'ROCK II f' L.L. ~" CONCRETE WOIltK
"HONE 27.·04D.
¡no eOu....H CONGA&:S. AVt:NU£ Q(JOTATION
DELllfAY .EACH. FLO"IDA 31441-739'
April 27, 1995
TO: City of Delray Beach
100 N.W. First Street
Delray Beach, FL 33444
__ Of Prohct: S.W. 6th Avenue, Project #95-021
Location: Delray Beach
Plln. .nd ..lfIatIon.:
as per plans dated March 1995, Sheets 1 of2 & Sheet 2 of2 with no revisions
WI PIOPOM TO FURNISH ALL LABOR, MATlllAL AND IOU".NT TO PI.POIM THE FOLLOWING:
Maintenance of Traffic LS 1 @ 5810.00 810.00
Clearing and grubbing LS 1 @ $2,548.00 2,548.00
Earthwork LS 1 @ $3,050.00 3,050.00
1-1/2'1 Type s-m asphalt sy 1,500 @ $12.50 18,150.00
Asphalt dri veway replace SY 90 @ $16.00 1,440.00
Valve box adjust EA 3 @ $365.00 1,095.00
Adjust manhole top EA 1 @ $780.00 780.00
Grade swales LS 1 @ $516.00 516.00
Sod SY 1,000 @ $2.15 2,150.00
Fire hydrant assembly EA 1 @ 52,125.00 2,125.00
Sanitary service EA 1 @ 5880.00 880.00
10" x 6" sanitary wye EA I @ $2,420.00 2,420.00
8" DIP water main LF 30 @ 528.05 841.50
1 " water service EA I @ $632.50 . 632.50
TOTAL QUOTE 538,038.00
Th. """1 on till. OUotlltlon .,. VIIlleI for 10 _". T"nle Tau.
ACCIPTIØ IV: NARDRIVII 0.. DILRAV, tNC.
... '"'.,---.. ,'''' ~ TITLI IiUcI AlVa,., - 'iöJect ...n..er
DATI: .~. .. ....
HARDRlVES CANNOT GUARANTEE OR BE RESPONSIBLE FO.. "OCK BASE WORK CONST"UCTED BY OTHERS:
Power .e1IMring end fait starll WIt damage asphalt. W. C*I1not be hekll8lJlCltletit _ compIIIIon of ttliI project. Grau and weed. will grow tI'IIwgh uphill Tilt control of theu Is
lilt ~biIity of \he 0WMt of \lie PfOI*\Y. Bu~t'1 .igllld IICOIIptInCe will COIIItiMIII bkldlng oontrøc:t. In the Mnlltl.rtI II Iny de"ullln peymem. due uncler thillDrtrlCl .nd the
5ame is pIIced in l1li handt 01 In atIome)' for CCIIIICItion, the purchaw and/or purchIIn "'.... to pay II cost of coIledion, Including I ,.ilsonable lnomers fee,
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, 04,' 2 [..,t 9 5 FRI 14:48 FAX 407 278 4755 DEL BCH CTY ATTY ."........ prRCHASI~G ræ I) I) ~:
-
[IT' DF DELRAY BEA[H
CITY AnORNEY'S OFFICE 200 NW 1s! AVENUE· DELRAY BEACH. FLORIDA 33444
FACSIMILE 407/278·4755 Writer's Dìre~! Line: (407) 243-7091
OELRAY BEACH
, lOt. I f) #to
~ MRMORANDITM:
" II ,,~
DATE: April 27, 1995
"J<n TO: City Commission
FROM: Susan A. Ruby. City Attorney
SUBJECT: Agreement for Re,pair of Veterans Park Seawall
Attached please find a settlement agreement for [he repair of the Veterans Park Seawall
for your consideration.
The City contracted with Coastal Planning and Engineering, Inc, and B.K. Marine
Construction Inc. in 1991 for constructíon of the Veterans Park Seawall. Since that
time. the City has experienced undennining of th.e brick pavers along the seawall.
City representatives and Tom Campbell of Coastal Planning and Engineering, Inc. and
Bob Kennedy of B.K. Marine, Construction, Inc. have met repeatedly to resolve the
problem.
A test resolution of the problem was conducted. The Contractor poured a concrete plug
between the old and new seawall to determine if this remedy would afford a satisfactory
solution. It has been detemrined that a "concrete plug" is sufficient to eliminate the
undermining of the brick pavers.
At this time, it is uncertain if the exce~sive erosion is a result of design deficiencies,
improper construction methods, or unique conditions at the site. In. order to avoid the
costs of litigation which could easily exceed $50,000 if handled in house due to the need
to conduct discovery, and hire experts etc.. the parties have agreed to attempt a
resolution of the problem with each party sharing .equally in the cost of repair. The
City's share will be minus the cost of removal and replacement of brick pavers or a total
of $4,249.07.
The settlement agreement also provides for a one year guarantee of the repair,
indemnifications. and insurance.
~~~}~.i:ø
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lZ\ Il1f¡""cn,..,,, O,.,....f1""'IDn #/0,..'-",. 'f'7 S-o i/1-l9"
.
City Commission
April 27, 1995
Page :2
By copy of this memorandum to David Harden, our office requests that this matter be
placed on the City Commission May 2. 1995 regular agenda for approval. The actual
agreement is being fUlalized. If it is not available by Friday afternoon. we will attempt
to have it hand delivered on Monday, May 1, 1995.
~ you have any questious.
S :ci
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Dan Beatty, City Engineer
Howard Wight, Deputy Director of Construction
'4's~lIwaIl3, sur
.
" ,
.
HAnD /)~¿¡U~J?~h /ò
c,.~ Comrr}iS-J""~
. 5-1-~
[IT' DF DELIA' BEA[H --:¿ : '7 Ci.:~,
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
F LOR I D A
..........
AII·America City MEMORANDUM
'IUI!
DATE: April 27, 1995
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Agreement for Repair of Veterans Park Seawall
Attached please find a settlement agreement for the repair of the Veterans Park Seawall
for your consideration.
The City contracted with Coastal Planning and Engineering, Inc. and B.K. Marine
Construction Inc. in 1991 for construction of the Veterans Park Seawall. Since that
time, the City has experienced undermining of the brick pavers along the seawall.
City representatives and Tom Campbell of Coastal Planning and Engineering, Inc. and
Bob Kennedy of B.K. Marine Construction, Inc. have met repeatedly to resolve the
problem.
A test resolution of the problem was conducted. The Contractor poured a concrete plug
between the old and new seawall to determine if this remedy would afford a satisfactory
solution. It has been determined that a "concrete plug" is sufficient to eliminate the
undermining of the brick pavers.
At this time, it is uncertain if the excessive erosion is a result of design deficiencies,
improper construction methods, or unique conditions at the site. In order to avoid the
costs of litigation which could easily exceed $50,000 if handled in house due to the need
to conduct discovery, and hire experts etc., the parties have agreed to attempt a
resolution of the problem with each party sharing equally in the cost of repair. The
City's share will be minus the cost of removal and replacement of brick pavers or a total
of $3,582.40.
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The settlement agreement also provides for a one year guarantee of the repair,
indemnifications, and insúrance.
® Printed on Recycled Paper 9·r·
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City Commission
April 27, 1995
Page 2
By copy of this memorandum to David Harden, our office requests that this matter be
placed on the City Commission May 2, 1995 regular agenda for approval. The actual
agreement is being fmalized. If it is not available by Friday afternoon, we will attempt
to have it hand delivered on Monday, May 1, 1995.
~if you have any questions.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Dan Beatty, City Engineer
Howard Wight, Deputy Director of Construction
*seawalI3. sar
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AGREEMENT
VETERANS PARK SEAWALL REPAIR
THIS AGREEMENT is entered into this d4y of ,
1995. between the City of Delray Beach~ Florida (the City). Coastal Planning &: Engineering,
Inc. (Engineer). and B.X. Marine, Inc:. (Contractor).
WIT N E SSE T H:
WHEREAS. the City. the Engineer. and the Contractor desire to remedy certain
excessive s~d leakage problems along Veterans Park Seawall which have caused the
undermining of brick pavers along the seawall; and,
WHEREAS. it is not certain if these conditions were caused by design deficiencies.
construction deficiencies or unique site conditions and cODStraints including brick pavers behind
the wall; these uncertainties are the essence of the disputed issues, and
WHEREAS. the excessive sand loss at least in part results from sand movement between
the old wall which was left in place and the Veterans Park Seawall cap; and,
WHEREAS. it is recognized that all seawalls are subject to sand leakage and require
maìntenaru:e~ but the Veterans Park wall has leaked sand excessively; and.
WHEREAS. A test section has been consuucted which bas apparently reduced sand
leakage to within ac::ceptable levels along a portion of the seawall. The most effective component
of the test section appears to have been a concrete plug between the two walls. It is upon the
basis· of the perfonnance of the test that the concept of the continuous concrete plug has been
formulated as a remedy [0 the problems; and
WHEREAS, the City. Engineer. and Contractor have diligently agreed upon this remedy
to address the excess sand leakage problems; and.
WHEREAS, the parties hereto hereby agree to enter into this agreement in a compromise
and settlement of a disputed claim to avoid the expense and cost of litigation.
NOW THEREFORE. in consideration of the mutual promises and other good and
valuable consideration contained herein. the parties agree as follows:
1. RecitaJs. The recitals set forth above are hereby incorporated as if fully set
forth herein.
2. SCODe of Work. The Scope of Work to be provided by the Engineer is as set
forth in Exhibit A hereto.
3. Contract Price.
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A. In a settlement of this dispute, the parties hereto have agreed. that they will share
in equal thirds, the cost of the repair as shown in Exhibit B_ It is anticipated that the City will
directly contract for the removal and the replacement of the pavers, which amount will be offset
form the City~s obligation to pay one-third of the total price. Further it is anticipated that the
Engineer will be subjected to minimal design costs as shown in Exhibit B, which amount shall
be set off against the one-third owed by the Engineer. Contractor warrants and guarantees that
title to all work will pass to the City upon completion and upon fiDa1 payment.
B. When the work is completed, the Engineer, Contractor and the City shall each pay
its one-third share minus setoffs which shall constitute final payment and full settlement of this
dispute.
4. Duties of the Enemeer. The Engineer agrees to:
A_ Prepare a design of a concrete plug between the old seawall and the Veterans Park
Seawall cap ·and necessary technical specifications and any such further designs that may be
necessary for changes in the work. The Engineer's design will be to specify an unrcinforced
concrete plug between two walls that will be structurally sound and not subject to failure by
settlement, rotation or shear failure under nonnal loading conditions; cracking of the concrete
would not constitute failure of the plug and should be expected. The purpose of the concrete
plug is to limit sand movement over the old seawall to the area between the two walls. Concrete
pavers supported by sand near the wall have settled partially as a result of sand loss to the area
between the walls. To the extent that the concrete plug limits sand movement over the old wall,
the foundation conditions for the pavers will be improved and maintenance requiremenrs will be
reduced.
B. Provide administration of the project~ visit the sill: as often as needed, especially
during the pour of the concrete to determine in general that the work is being performed in a
manner indicating that the work, when completed, will be in accordance with the plans and
specifiCations provided in Exhibit A. At final completion, the Engineer will certify that to the
best of the Engineer's knowledge and belief~ the work was completed in accordance with the
specifications as set forth in Exhibit A_
C. The Engineer represents that the plan set forth in Exhibit A is sufficient to fill a
gap between an old and newer seawall with a structurally sufficient block of concrete that will
be designed for vertical stability and resistance to shear failure under nonnalloading conditions,
Donna) wear and tear and maintenance excepted.
5. Duties of the Contractor. The ContractDr agrees to:
A. Complete all work as specified or indicated in the documents attached as Exhibit
A.
B_ Deliver to the City. a completed job performed in a good and workman-like
condition in accordance with Exhibit A_ Contractor's obligation to complete the work in
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accordance with Exhibit A is absolute. No action on the part of the City shall constitute a
waiver of this requirement.
C. Be solely responsible for the means, methods, techniques, sequences and
procedures of construction. Contractor shall not be responsible for the negligenc:e of others in
the design or selection of a specific means, method, technique, sequence, or procedure of
construction which may be set forth in Exhibit A. Contractor shall provide competent personnel
to layout the work and perform construction as required in Exhibit A.
D. Ensure that all work performed for Contractor by a subcontractor shall not create
any contract between such subcontractor, the City, or the Engineer.
E. Be responsible for maintaining and supervising all safety precautions and programs
in connection with the work.
6. Duties of City. The City will provide access to Veterans Park sufficient to
perform the work and reinstall paver blocks.
7. Warranties.
A_ Contractor warrants and guarantees that all work will be COnstnlCted in accordance
with Exhibit A. The guarantee shall remain in effect for one year from the date of fInal
payment which shall be made to Contractor within 10 days of completion of the work_
Unremedied defects identified for correction during the guarantee period which relates to
construction workman!l;hjp for the scope of work described in Exhibit "A It, but remaining after
its expiration shall be considered as part of the obligations of the guarantee. Defects in material,
workmanship or equipment which are remedied as a result of obligations of the guarantee shall
subject the remedy portion of the work to an extended guarantee period of one year after the
defect has been remedied.
B. During the warranty periods referred to in subparagraph A, Contractor shall
promptly, without cost to the City and in accordance with City's writœn instructions either
co.rrc:ct such defective work, or if it has been rejected by tl1.e City, remove it from the site and
replace it with non-defective work. If Contractor does not promptly comply with the terms of
such instructions or in an emergency where a delay would cause serious risk of loss or damage.
the City may have the defective work corrected or the rejected work removed and replaced and
all direct~ indirect and consequential costs for such removal and replacement will be paid by
Contractor.
C. The purpose of this effort is to transfonn a seawall that is experiencing excessive
loss of sand to a more standard condition. The structural integrity of the plug is the
responsibility of the Engincc:r; the concrete quality. continuity and seal provided by the plug is
the responsibility of the Contractor. Even after the proposed construction, it is recognized that
the City will be responsible for the future maintenance of the wall and paver blocks and that
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some sand loss and holes will occur and is expected. Maintenance of holes that develop behind
the old wall and a reasonable number of holes (say 8/year) that develop behind the new wall are
the responsibility of the City.
It is the intent of this consttUction effort to bring the seawall into a condition of acceptable
service and. to transfer responsibility for the wall to the City.
8. IndP.lllnifiation of Contractor. In consideration of ten dollars ($10.00) and
other valuable consideration, thc Contractor shall defeDd, indemnify and save hamùcss the City.
its officers, agents and employees, from or on account of any claims. losses, injuries, or
damages, received or sustained by any person or persons during or on account of any operations
connected with construction of this project as shown in Exhibit n An; or by ami in consequence
of any negligence (excluding the sole negligence of the City), in connection with the same; or
by use of any improper materials, any improper workmanship or on account of any act or
omission of the Contractor or his subcontractors. agents, servants or employees. Contractor
agrees to defend. indemnify and save harmless the City, its officers, agents, and employees
against any liability arising from or based upon violation of any Federal. State, County or City
laws, ordinances, or regulations by the Contractor or his subcontractors, agents, servants or
employees.
The indemnification shall obligate the Contractor at his own expense to defend the City
or to provide for such defense at the City's option, of any and all claims or liability and all suits
and actions of every name and description that may be brought against the City which may result
from the operations and activities under this contract whether they arc the consttUction
operations to be performed by the Contractor, his subcontractor or by anyone directly or
indirectly employed by either_ This indemnitication includes all costs and fees including
attorneys fees and costs at trial and appellate levels. The City will pay to the Contractor, the
specific consideration of ten dollars ($10.00) and other good and valuable consideration as
specific consideration for the indemnification provided herein in and accordance with the
provisions of Section 725.06 of the Florida Statutes. Furthcrmore. the Conttactor acknowledges
that the settlement is further consideration of the indemnification provision. The Contractor
further must provide sufficient insurance to cover me cost of this indenmification_
Notwithstanding the foregoing, the Contractor will not be responsible for the acts or
omissions of the Engineer. Engineer's agents, subcontractors or employees, except as may be
set forth elsewhere in this agreement. Notwithstanding the foregoing, the Engineer shall not be
responsible for the acts or omissions of the Contractor or of any subcontractor, any supplier, OT
of any other person or organization performing or furnishing any of the work, except as may
be set forth elsewhere in this agreement. The Indemnification shall survive the expiration of this
agreement. The monetary limitation on the extent of the Conttactor's liability shall be one
million dollars ($l,OOO,OOOJJO). Nothing in this agreement shall be deemed to affect the rights,
privileges and immunities of the City as set forth in Florida StatuteS 768.28.
9. Indemniftcatlon of EnPlneer. The Enginc:c:;r will a.L a.lll.i.lUes illdel1uufy, save and
hold harmless and defend the City, its officers, agents (the term agents shan not include the
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contractor(s). any subcontractors, any materialmen or others who have been retained by the City
or Contractor, or materialmen to supply goods or services to the project) and employees, from
and against all liability , any claim, demand, damage, loss, expense or cause of action and costs
(including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent
act of Engineer, its agents, servants, or employees in the performance of services under this
agreement. The Engineer further agrees to indemnify, hold bann1ess and defend the City. its
officers, agents and employees from and against any claim, demand, or cause of action arising
out of any negligence or misconduct of Engineer for which the City, its agents, servants or
employees are alleged to be liable. The indemnifications contained herein shall survive the
expiration or earlier termination of this agreement_ The monetary limitation on the extent of the
Engineer's liability shall be one million dollars ($1,000,000.00). Nothing in this agreement shall
be deemed to affect the rights, privileges and immunities of the City as set forth in Florida
Statutes 768.28_
10. No Waiver. The parties hereto understand that this agreement is made to
effectuate a repair of the seawall pursuant to Exhibit "A" and is not intended to waive any suits
or claims for damages made by third parties, or the obligations of the City, the Contractor, or
the Engineer or their respective insurance carriers for any claims or suits made or brought by
such third parties prior to or after this settlement agreement.
11. Insurance_ The Contractor shall provide insurance as set forth in Exlnòit C.
This insurance shall name the City as an additional insured and shall not be cancelable without
thirty (30) days prior written notice to the City. The Engineer will provide insurance as set
forth in Exhibit D which sball name the City as an additional insured and shall not be cancelable
without thirty (30) days prior wrinen notice to the City. The insurance provided for herein shall
be in the amount shown in the respective Exhibit C and D and shall be sufficient to fund the
indemnification and warranties provided in this agreement.
12. Time tor Completion. The Contractor and the City and Engineer agree that it
shall take approximately ten (10) days to torally complete the work. The work shall commence
no later than May 22, 1995. The parties hereto recognize that time is of the essence in
completing the repair.
13- A~iønrnent. This Agreement may not be assigned.
14. Entire A2:reement_ This Agreement represents the entire agreement between the
City, the Engineer and the Contractor. This Agreement may not be amended except in writ:iDg
by all the parties hereto.
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IN WITNESS WHEREOF, the City has caused these presents to be executed the date
Îtrst above written.
ATIEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
Approved as to Fonn and
Legal Sufficiency:
City Attorney
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WITNESSES: B.K. MARINE, INC.
(Type or Print Name)·
(Corporate Seal)
(Type or Print Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
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, 1995 by (name of officer or
agent. title of officer or agent), of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on
behalf of the corporation. He/she is personal1y known to me/or has produced
(type of identification) as identification.
Signature of Notary Public
State of Florida.
Print. Type or Stamp Name of
Notary Public
'. r
WITNESSES: COASTAL PLANNING AND ENGINEERING
INC.
(Type or Print Name)
(Corporate Seal)
(Type: or Print Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instIWnent was acknowledged before me this day of
-
, 1995 by (na.mc of officer or
agent, title of officer or agent). of (name of corporation
acknowledging), a (state or place of incorporation) corporation. on
. behalf of the corporation. He/she is personally known to me/or has produced
(type of identification) as identification.
Signature of Notary Public
State of Florida
Print, Type: or Stamp Name of
Notary Public
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EXHIBIT A
SCOPE OF WORK
PAVERS
EXCAVATION BY
CONTRACTOR 10' ±
RECENT CITY TO REMOVE AND REPLACE
WALL PAVERS IN THIS AREA
-'-'-" ... . , 7
" ;.
'. . . .
. .,'
. . ,,... NEW CONCREïE
.,' . ' (4000 psi - PUMP
, " ,þ, : MIX) PLUG CONTINUOUS
4" ... . BY CONTRACTOR -
1/2" EXPANSION JOINT
@ 130 FT. D.C. rïLLED
WITH PRE-MOULDED
EXPANSION JOINT
\l MATERIAL
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CONTINUOUS SEAL
PROVIDED TO OLD
WALL, CONTRACTOR TO
VARY LEVEL OF EXCAVA-
TION TO ACHIEVE CONTIN-
UOUS SEAL
(PLUG NOT REQUIRED
IN PREVIOUS TEST
SECTION)
C:ONTRACTOR TO FILL
HOLES AS REQUIRED
TO FORM CONCRETE
NOT TO SCALE
VETERANS PARK SEAWALL
CONTINUOUS CONCRETE PLUG
COASTAL PLANNING & ENGINEERING, INC.
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EXHIBIT B
Cost of ReDair
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1. Total leost of repair shall not exceed: $ 31.526.40
(Totai cost of repair shall also include
removal and reinstallation of pavers
and $~ .200 in design costs and the
cost 9f the constructed test section.)
i
A. ! B.K. Marine. Inc. shall pay 1/3 of
: the total cost in the amount of: $ 10.508.80
B. Coastal Planning and Engineering. Inc.
shall pay 1/3 of the total cost minus
$1,200 for design fees in the amount of: $ 9.308.80
C. ¡ City of Delray Beach shall pay 1/3 of
: the total cost minus the cost for
: removal and reinstallation of pavers
in the amount of: $ 3.582.40
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EXHIBIT C
çontractors Insurance
The Contractor shall provide the following amounts and types of insurance:
Y. Workers' Compensation. Coverage to apply for all employees for Statutory
Limits in compliance with the applicable StAte and FcderaIlaws. CONTRACTOR shall require
all subcontractors to maintain workers compensation during Ihe term of the agreement and up
to the date of Ímal acceptance. CONTRACTOR shall defend, indemnify and save the CITY and
CONSULTANT harmless from any damage resulting to them for failure of either
CONTRACTOR or any subcontractor to take out or maintain such insurance.
A. Employers' Liability with StAtutory Limits of $100,0001 $500.000/$100.000_
B. Notice of Cancellation and! or Restriction. The policy must be endorsed to
provide the City with thirty (30) days' written notice of cancellation andlor restriction.
C. If any operations are to be undertaken on or about navigable waters, coverage
must be included for the U.S. Longshoremen and Harbor W orlœrs Act and/or Jones Act
if applicable.
n. Comprehensive General Liability or Commercial General Liability Coverage must
be afforded on a foIm. no more restrictive Ihan the latest edition of the Comprehensive General
Liability Policy' or Commercial General Liability filed by the Insurance Services Office. and
must include:
A. Minimum Limits of total coverage shall be $1,000,000.00 per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability, the
basic policy to be in said fonn with any excess coverage (and the carrier) to meet
$1,000.000.00 minimum to be acceptable to the CITY.
B. Premises and/or Operations.
C. Independent Contractor.
D. Products and/or Completed Operations. CONTRACTOR shall maintain in force
until at least three (3) years after completion of all services required under the Contract,
coverage for productS and completed operations, including Broad Form Property
Damage.
E. XCU Coverages
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F. Broad Form Property Damage including Completing Operations.
G. Broad Fonn Contractual Coverage applicable to this specific Contract, including
any hold harmless and/or indemnification agreement_
H. Personal Injury coverage with employees and contractual exclusions removed.
I. Additional Insured. The CITY is to be specifically included as an additional
insured (including products).
J. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide
the City with (30) days' written notice of cancellation andlor restriction_
K. The CONTRACTOR shall either require each subcontractor to procure and
maintain. during the life of the subcontract. insurance of the type and in the same
amounts specified herein or insure the activities of subcontractors in his own insurance
policy _
ill. Business Auto Policy. Coverage must be afforded on a form no more restrictive
than the latest edition of the Business Auto Policy filed by the Insurance Servic:e Office and must
include:
A. Minimwn limit of $500,000_00 per occurrence combíned single limit for Bodily
Injury Liability and Property Damage Liability.
B. Owned Vehicles
C_ Hired and Non-Owned Vehicles
D. Employce Non-Ownership
E. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide
the City, with thirty (30) days' written notic:e of cancellation and/or restriction.
IV. An Risk Property Insurance - When Applicable. Coverage must include real and
personal property and in an amount equal to the replacement cost of all real and personal
property of the CITY'S for which the CONTRACTOR is responsible and over which he
exercises control. Builders Risk insurance must be provided to cover Property under construction
and an Installation Floater must cover all machinery. vessels, air conditioners or electric
generators to be installed. This insurance shall include a waiveT of subrogation as to the
CONSULTANT, the CITY. the CONTRACTOR. and their respective officers, agents,
employees. and subcontractors.
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A. Coverage to be provided on a full replacement cost basis.
B. Lpsses in excess of ten thousand dollars ($10,000) shall be jointly payable to the
CONTRACTOR and the CITY.
C. Waiver of occupancy clause or warranty. Policy must be specifically endorsed to
eliminate any It Occupancy Clause If or similar warramy or representation that the
building(s), addition(s) or StIUcture(s) will not be occupied by the CITY.
D. Maximum Deductible - $S ,000 each claim.
E. Copy of Policy. A certified copy of the policy must be provided to the CITY
prior to the commencement of work.
F. Named Insured. The CITY must be included as a named insured.
G. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide
the City with thirty (30) days written notice of cancellation and/or restriction.
B. Flood Insurance. When the buildings or structures are located within an identified
special flood hazard area, flood insurance protecting the interest of the CONTRACTOR
and the CITY must be afforded for the lesser of the total insurable value of such
buildings or structures, or, the maximwn amount of flood insurance coverage available
under the National Flood Program.
V. Best Rating of no less than B+ 12 is required for any carriers providing coverage
required under the terms of this Contract. Failure to comply with the insurance requirements as
herein provided shall constitute default of this Agreement. Neither CONTRACTOR or any
subcontractor shall commence work WIder the Contract until they have all insurance required
under this Section and have supplied the CITY with evidence of such coverage in the form of
certified copies of policies (where required) and certificates of insurance, and such policies and
certificates have been approved by the CITY. CONTRACTOR shall be responsible for and shall
obtain and Îue insurance certificates on behalf of its subcontractors. All cenified copies of
policies and certificates of insurance shall be Î1led with the CITY.
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. EXHIBIT n
Engineers Insurance
I. Insurance :
Without limiting any of the other obligations or liabilities of the ENGINEER. the
ENGINEER shall. at his own expense. provide and maintain in force. until all of
its services to be performed under this AGREEMENT have been completed and
accepted by the CITY (or for such duration as it otherwise specified hereinafter),
the following insurance coverages:
A. Worker's Compensation Insurance to apply to all of the ENGINEER'S
employees in compliance with the "Worker's Compensation Law" of the State of Florida
and all applicable Federal Laws.
1. Employer's Liability with limits of $100.000 per person, $500,000 per
occurrence and $100.000 per disease.
B. Comprehensive General Liability with maximum limits of $1,000,000 per
occurrence combined single limit for Bodily Injury Liability and Property Damage
Liability. Coverage must be afforded on a form no more resttictive than the latest edition
of the Comprehensive General Liability policy, without restrictive endorsements other
than ISO Endorsement GL 21 06 (Engineers, Architects, or Surveyors Professional
Liability exclusion). as Filed by the Insurance Services Office and must include:
1. Premises and/or Operations
2. Independent Contractors
3. Products and Completed Operations - ENGINEER shall maintain in force
until at least three years after completion of all services requited under
this AGREEMENT. coverage for Products and Completed Operations.
including Broad Form Property Damage.
4. Broad Form Property Damage
5. Contractual Coverage applicable to this specific AGREEMENT.
6. Personal Injury Coverage with minimum limits of coverage equal to those
required for Bodily Injury Liability.
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c. Business Automobile Liability with minimum limits of $1,000,000.00 per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile liability policy, without restrictive endorsements, as filed by the Insurance Services
Office and IIlust include:
l. Owned Vehicles
2. Hired and Non-Owned Vehicles
3. Employers' Non-Ownership
D. Professional Liability Insurance with minimuI:n limits of $1,000,000.00 per occurrence.
Coverage shall be afforded on a fonn ac:ceptable to the CITY. BNGINEER shall maintain such
professional liability insurance until at least one year after a Cenificate of Occupancy is issued..
E. P:ior to commencement of services, the ENGINEER shall provide to the CITY Certificates
of Insurance evidencing [he insurance coverage specified in the foregoing Paragraphs A, B, C, D. All
policies covered within subparagraph A, B, C, and D. shall be endorsed to provide the CITY with thirty
(30) days norice of cancellation and/or restriction. The CITY shall be named as an additional insured as
to ENGINEER'S liability on policies referenced in Paragraph B. The required Cenificates of Insurance
shall not only name the types of policies provided, but also shall refer specifically to this AGREEMENT
and section and to the above paragraphs in accordance with which insurance is being furnished, and shall
state that such insurance is as required by such paragraphs of this AGREEMENT. The ENGINEERshall
also make available to the CITY a certified copy of the professjonalliability insurance po1içy required by
Paragraph D above for the CITY'S review. Upon request. the ENGINEER shan provide copies of all
other insurance policies.
F. If the initial insurance poHcies required by this AGREEMENT expire prior to the
completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days
prior to the date of their expiration. For Notice of Cancellation-and/or .Restriction; the policies must be
endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction.
G. The ENGINEER'S insurance, including that applicable [0 me CITY as an Additional
Insured, shall apply on a primary basis.
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[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DELRAY BEACH
F lOR IDA
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AII·America City MEMORANDUM
, III I!
DATE: Apri128, 1995
1993 TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Reimbursement to HigWand Beach
HigWand Beach requests reimbursement for overcharges. Since this is a claim with a
value that exceeds $10,000.00, the City's policy requires City Commission approval.
~ you need anytlúng further.
SAR:ci
Attachment
cc: William Greenwood, Director of Environmental Services
Joe Safford, Director of Finance
Barbara Schooler, Director of Utility Billing
~ 5-0
reimburs.sar
fJ/} fl~ !lewb - ~ ~ I ~
WtiLk.-~~ ~ ~
® Printed on Recycled Paper 9T
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" '4/2'5/95 Susan Ruby -- Does this require any Commission action? ~F6~1VE[)
TO:
APR 2 4 J995
CiTY :' ~ -..~-~ ~~;\,~,'
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MEMORANDUM
TO: David T. Harden
City Manager ~
FROM: Richard C. Hasko,
P.E.
Deputy Director of Public Utilities
SUBJECT: REIMBURSEMENT TO HIGHLAND BEACH
SEWAGE FLOW OVERBILLING
DATE: April 20, 1995
We have reviewed the basis for the subject reimbursement
request as stated in correspondence from Ms. Mary Anne
Mariano, Highland Beach Town Manager, dated April 10, 1995.
Comparative billing records indicate that inaccurate
registering of monthly sewage flows from Highland Beach
caused by a faulty metering device has resulted in
overbilling to Highland Beach for the period from September,
1993 to September) 1994. The discrepancy has been verified
through comparisons of monthly flows for that time period
with similqr records for the year previous, as well as for
the six month period since the faulty meter was replaced.
We have been provided with Highland Beach water consumption
records over the time periods stated and are satisfied that
increased sewage flows recorded between September of 1993
and September of 1994 were not influenced by a corresponding
increase in water consumption.
Based on our review as previously stated, we consider Ms.
Mariano's reimbursement request as reasonable and concur
that the dollar amount is an equitable representation of the
over billed sewage flow value.
Should you require any additional information in this
regard, please contact me at ext. 7303.
RCH: jem
c: William H. Greenwood
Joseph Safford
Barbra Schooler
f: T/F City Manager
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4712/95 TO: Joe Safford & Dick Hasko -- Please advise. DTH/mld
RECEIVED
~""""'''''''\ 199
_--....ì~.~.~~,f~"" T f H" hI d B 1..APR 1 2 ~ayor:
f~~.··~~::':'·'~ \ own 0 19 an eaçn ArlinG.Vor..s
!.: _...~~~ cITY MP:.<~ê:-"~ !'f.-i~,M.ayor:
~.:.:~I Bill'Paul .
~ ø : : CO) ~ Commissioners:'
\\""". _::':1 3614 SOUTH OCEAN BOULEVARD. HIGHLAND BEACH. FLORIDA 33487 ArthurG.Eypel.
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............."..".. Palm Beach County, Florida FAX 407·265·3582 Mary Ann Mariano
CERTIFIED MAIL
'1 RETURN RECEIPT REQUESTED
AprJ. 10, 1995
Mr. David T. Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
Pursuant to our discussion in your office on February 24, 1995,
this letter is written in an effort to resolve the overpaYment by
the Town of Highland Beach to the City of Delray Beach created by
the malfunction of the Master Sewer Meter during the period of
September 1993 to September 1994.
On September 14, 1993, the Master Sewer Meter was either replaced
or recalibrated by the City of Delray Beach. High and erratic
readings began immediately thereafter. Months of discussion
between Jack Lee, Utilities Director for the Town of Highland
Beach, and both Bill Greenwood and Dick Hasko of your Utilities
Department culminated in the replacement of the meter in September
1994. During all discussions, it was noted that once the situation
was corrected, Highland Beach would expect reimbµrsement of the
overpaid charges, which reimbursement was assured by Mr. Hasko.
I indicated to you at our February 24 meeting that the Town was
waiting fur a full six month period in order to determine the basi3
by which the reimbursement should be calculated. The time frame of
October 1, 1994 through March 31, 1995 has been utilized for this
purpose. I am attaching data equated to Delray's actual billing
periods, which will show that in the six month period noted above,
the difference amounts to 37,126,000 gallons or $48,854.00 based on
last year's rates. Accordingly, the Town of Highland Beach
requests reimbursement from the City of Delray Beach in a total
amount of $97,708.00 to cover the subject year.
It is important to note that since September of 1993, the Town of
Highland Beach has only issued Certificates of Occupancy on ten
(10) dwelling units, five (5) of which remain unoccupied. There-
fore, growth factors are inconsequential and have not been
considered a factor herein.
''Tree City U.S.A,"
. ' ,
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Mr. David Harden, City Manager
City of Delray Beach
April 10, 1995
We have utilized the six highest use months and although the
reimbusement would be higher if we were to break it down to two six
month periods, we would like this issue resolved as soon as
possible as we have been without the use of these funds for a long
time already and therefore will accept $97,708.00 in full satisfac-
tion of this matter.
I thank you in advance for your continued courtesy and cooperation
herein and would appreciate your prompt attention to this matter.
cc: Jack Lee, Utilities Director
Town Commission
Town At torney '. .
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MEMORANDUM
TO: MAYOR VORESS
MARY ANN MARIANO, TOWN MANAGER
FROM: JACK LEE, UTILITIES DIRECTOR
DATE: APRIL 10, 1995
SUBJ: WASTEWATER FLOW DATA
--------------------------
IN MIlLION GALLONS
93 . 94
OCT 21,250 14,186
. -".--
NOV 24,776 18,082
DEe 28,338 . '-"~'" 20,204
IAN 94 25,172 . 20,187 95
FEB 94 24,281 18,524 95
MAR 94 25,915 . 21,493 95
149,732 112,606
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...--1--, __ Av~. ~u.,.ft.!+- -P-/ ~
Highland Beach Wastewater Usage-
October, 1992- 'February 1995" '= oét. 't! 'l,. -J? Av..t..,. 'C1~ · 11,,1,;;.5 Mí
Month y~" gallons. .-. o d" \ Ie¡ -; .-.- Þrw.1. 14\ i .. Z~ $'uz, ~
- ,-- ,-
Oct '. 1992--:¡S7èo (M. '1~ -v ñæ,' 'ð¡5 ~ \1,~~~
N~" 1992' 1431Ò-'
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Dee 1992 . 11103'--
Jan 1993 21409 '-'.. 'D~ t-t !(~<.e- i"" ÞV"I./II,AW, Åv).
Feb 1993 '----=ï7"580 ð.v.e. --k; .,....ct~ þ"'~( -t w\ ;
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Mar 1993 18663 "l.$', So?' - ''', i-S 5 .. 8,9'-1 -, /'A4.!;rO.
Apr 1993 19034 -..
May 1993 18626 -
Jun ' --;¡g93 8250 cN<.r l,;/I;ï ~ ~,b'1'l.)( """ 1~ ~n ,...,4
Jul 1993 '----;¡gs7-6 - ~r,~" ß~ ~ ~ 74 ~5Z.~·
Aug 1993 18509 OIJ M€-4 cJ iLrj,'1fY'- ) -
-
Sep 1993 11894 '..-'
od-~ë93 23659 "
Nov' 1993 22098 "
Dee 1993 -z7870 ~
Jan 1994 . 2890P 1-
Feb 1994 31778: ----
Mar 1994 18307 -
Apr 1994 22218
May ,. 1994
27314
June 1994 13002
JuJý 1994 28198
August 1994 ----:¡s:; i 0 ~~~
Septembe 1994 ' 1784ß-"
October 1994 15652
November 1994 15560
December 1994 18079 r( ,
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January 1995 2374'5 '- J I
February 1995 . 19397
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM * 10· A . - MEETING OF MAY 2. 1995
TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 95-1
DATE: APRIL 28, 1995
This is before the Commission to authorize transmittal of proposed
Comprehensive Plan Amendment 95-1 to the Department of Community
Affairs (DCA) for review. The staff report, together wi th a copy
of Plan Amendment 95-1, is attached for your review.
In addition to numerous text changes, four (4 ) Future Land Use Map
(FLUM) amendments are included as part of Amendment 95-1. The
affected properties are:
( 1 ) Blood's Hammock Groves (94 acres) - changing from the County's
Land Use designation of MR-5 (Medium Residential - 5
units/acre) to City designations of Low Density (51 acres),
Medium Density (29 acres), Open Space (4 acres), and
Transitional (10 acres). Planning and Zoning Board recommends
approval (5-0). ~-UL S-o
(2) Northwest Area (121.86 acres) - changing the City's Advisory
Land Use designation from Rural Residential ( 1 unit per 3
acres) to Low Density (up to 5 units per acre) for 118,35
acres, and from Rural Residential to Transitional for 3.51
acres (Delray Storage site). This property is located north
of the L-30 Canal, between Barwick Road and Military Trail.
Planning and Zoning Board recommends transmitting as proposed
(3 to 2 vote). ~ 5-l)
(3 ) Marina Cay (11.11 acres) - removing the Large Scale Mixed Use
overlay designation. Planning and Zoning Board recommends
approval (5-0 vote). ~ $-{)
(4) Jones Property (18.10 acres) - changing from the County's Land
Use designation of HR-8 (High Density - 5 to 8 units per acre)
and MR-5 (Medium Density - 3 to 5 units per acre) to City
designation of Medium Density (5 to 12 units per acre) .
Planning and Zoning Board recommends approval (5-0 vote).
~re:l 5-D
Recommend transmittal of proposed Comprehensive Plan Amendment 95-1
to the Department of Community Affairs for review pursuant to the
recommendation of the Planning and Zoning Board, containing the
material in the staff report and attachments.
ref:agmemo5 ~tf-~ .Lð ~~ ~ jMk7 i ¿C~ft~
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CITY COMMISSION DOCUMENTATION
TO:
F PLANNING & ZONING
FROM: JOHN WALKER, PROJECT COORDINATO~ itJ~
SUBJECT: MEETING OF MAY 2, 1995
PUBLIC HEARING - TRANSMITTAL OF PLAN AMENDMENT 95-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
authorizing transmittal of proposed Comprehensive Plan
Amendment 95-1 to the Florida Department of Community
Affairs (DCA) for review.
BACKGROUND:
Comprehensive Plan Amendment 95-1 was initiated by formal action
of the City Commission on March 7, 1995. It includes four
amendments to the Future Land Use Map (FLUM) , as well as
numerous text changes. During the processing of the Plan
Amendment, staff determined that the following items should be
deleted from the original list of initiated items:
* Revision to the Pineapple Grove neighborhood plan scope to
reflect the involvement of the Mainstreet organization.
This item will be considered in a future amendment once the
Mainstreet organization develops its plans more fully.
* An update of the status of the redevelopment seed money.
There have been no changes in policy or direction regarding
this item. Therefore, no amendment was required.
* An item regarding completion of renovations to Fire
Stations Three and Four. These were deleted, as the
projects are out for bid and will not be completed by the
adoption of this Plan Amendment. The item will be
considered in a later Plan Amendment.
* The items related to the disposition of the snorkel park.
These amendments were deleted to allow further study at the
State level.
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City Commission Documentation
Public Hearing - Transmittal of Plan Amendment 95-1
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the items
included in the Plan Amendment at a public hearing on April 17,
1995. There was no public testimony regarding the text
amendments. Public comment on the individual land use plan
amendments is discussed below.
The Board recommended that the City Commission approve
transmittal of the proposed plan amendment, containing the
material in the staff report and its attachment, and including
the revisions as described above. The following is a summary of
the Planning and Zoning Board's discussion and actions on the
FLUM amendments that are a part of the 95-1 transmittal. For
background history refer to the individual staff reports.
Blood's Grove:
This FLUM amendment involves 94 acres (balance of Bloods Grove),
changing from the County's Land Use designation of MR-5 (Medium
Residential 5 units per acre) to City designations of: 51 acres
LD (Low Density), 29 acres MD (Medium Density), 4 acres OS (Open
Space) , and 10 acres T (Transitional). A concurrent annexation
and initial zoning request are being processed and will be
before the Board at a later meeting.
At the public hearing several people gave qualified support of
the proposal. Bob Stump (President of Crosswinds) thought the
proposal was better than the one considered last year, however,
he did express concern over traffic increases on Linton
Boulevard. Michael Weiner, Attorney representing Del Aire spoke
in support of the proposal, as long as the FLUM amendment is
accompanied by the initial zoning designations and concept plan
currently being considered. Two representatives (Earl Flesick
and Jack Runa) from Bel Aire (west side of Military Trail)
expressed concerns about traffic but supported the proposal.
There was no public testimony opposing the project.
After discussion the Planning and Zoning Board unanimously
recommended approval of the Future Land Use amendment request on
a 5-0 vote.
Northwest Corner:
The proposed Future Land Use Map Amendment changes include a
change in the City advisory land use designation from Rural
Residential ( 1 unit per 3 acres) to Low Density (up to 5 units
per acre) for approximately 118.35 acres in the northwest corner
of the City and a change in the City advisory land use
designation from Rural Residential ( 1 unit per 3 acres) to
Transitional for 3.51 acres in the northwest corner of the City
(Delray Storage site). The primary purpose of the amendment is
to achieve consistency between the City's and the County's Land
Use designation.
'. , .
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City Commission Documentation
Public Hearing - Transmittal of Plan Amendment 95-1
Page 3
At the public hearing several people from the surrounding
subdivisions Country Manor, Golf Club Estates as well as from
the subject properties spoke in opposition to the change citing
a desire to remain rural, increased impact on services and an
increase in traffic on Barwick Road and Lake Ida Roads. Three
letters of opposition were also received (see attached).
The Board discussed the proposal at length and some members
opposed the change, others recommended the amendment be
transmitted while a method to limit the density between the
existing Rural Residential and Low Density be explored and
others recommended approval. The Board voted 3-2 in favor of
transmitting the amendment as proposed.
Marina Cay:
The proposal is to remove the Large Scale Mixed Use overlay
designation that currently applies to the 11.11 acre parcel.
The designation was applied to accommodate the previously
approved mixed use development known as Marina Cay. The Marina
Cay project is no longer viable and the property has since been
rezoned to RM.
There was no public testimony offered regarding the proposed
FLUM amendment. The Board voted unanimously (5-0) to recommend
approval of the FLUM amendment to remove the Large Scale Mixed
Use Overlay designation.
Jones Property:
The proposal is to change the Future Land Use Map designation
from County HR-8 (High Density Residential 5-8 du/ac) and MR-5
(Medium Density Residential 3-5 du/ac) to City MDR (Medium
Density Residential 5-12 du/ ac) . The FLUM amendment was to be
heard concurrently with an annexation and initial zoning of RM
(Medium Density Residential) request, however, the applicant
requested postponement of the annexation and rezoning action to
the May P & Z meeting.
There was no public testimony regarding the proposed FLUM
amendment. The Board voted unanimously (5-0) to recommend
approval of the FLUM amendment.
ALTERNATIVE COURSES OF ACTION:
A. Transmit Comprehensive Plan Amendment 95-1 to DCA as
presented via the Planning and Zoning staff reports and
City Commission Documentation.
B. Transmit Comprehensive Plan Amendment 95-1 to DCA pursuant
to other Commission direction.
, .
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City Commission Documentation
Public Hearing - Transmittal of Plan Amendment 95-1
Page 4
RECOMMENDED ACTION:
By motion, authorize transmittal of proposed Comprehensive Plan
Amendment 95-1 to DCA for review pursuant to the recommendation
of the Planning and zoning Board, containing the material in
this staff report and the attachments.
Attachments:
* P&Z Staff Report of April 17, 1995
* Proposed Comprehensive Plan Amendment 95-1, including P&Z
reports for FLUM items
T:'ADVANCED'951CC2
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Fro.m: Michael R. Mëng To: Randee Golder (' Date: 4/17/95 Time: 18:47:28 )Ja(- ~f Page 1 of 1
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Gwen C. Smith & :\Iichael R. Meng
4680 Palm Ridg.;: Boulevard
Delray Beach FL 33445·1232
April 17, 1995
City of Delray Beach
100 NW 1st Avenue
Delray Beach FL 33444
Attention: Randee Golder, Attomey, Chairperson
Plam1Ìng and Zoning Board
F A.X: 243-7221
Re: File # 95-092
Proposed Advisory Land Use plan Designation Change
for Property Control #00-42-46-12-00-000-3021
Dear Ms, Golder:
This is to advise you as to our opinion conoe1l1ing the proposed change &om Rural Residential to
Low Density Residential with respect to our referenced property.
Weare strongly opposed to this change. First be:::ause the density is much too high for this area.
Second because the existing infrastructure, such as the roads in the area, is obyiously insuffi:::ient to
handle the additional burden that would result from the proposed increase in density.
Finally, we view this proposed change as on.;: step along the way to eventual almexation of our
property into the city of Del ray Beach. We are opposed to atmexation at all costs. For us annexation
means the loss of the constitutional homestead protection with respect to the largest p0l1ìon of our
property.
To reiterate, we are strongly opposed to the proposed change.
Thank you for your attention.
Michael R. Meng ~r'. ~«'~~
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SECURITY HEATING - CLEARWATER POOLS, Inc"
24-HOUR SERVICE. . . 3740 STRUBLE ROAD. END WELL, NY 13760
TELEPHONE: (607) 786-6455
_~_pr i 1 13, 1995
City of Delray Beach
P~anning and Zoning Board
100 N. W. 1st Avenue
Be1ray Beach, Florida 334L,4
File # 95-092
Gentlemen:
I object to the proposed a~visory land use plan designation
change initiated by the Ci~y of Delray for an area of land
located east of Military T~ail, south of the LWDD L-30 Canal,
west of Barwick Road and nc~t~ of L-31 Canal.
Sincerely,
. , if' U2JlJ 11 ¿ûv~u
~'~urray s. Weisberg
MW/jh
)0424601330000200
',J~ I SBERG MURRA Y S C. r-IARY K
3740 STRUBLE RD
=NDWELL NY 13760
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M E M 0 RAN D IT M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'/11.
SUBJECT: AGENDA ITEM # /,:1. . A· - MEETING OF MAY 2. 1995
FIRST READING FOR ORDINANCE NO. 21-95/MODIFYING THE
LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT (SAD)
DATE: APRIL 28, 1995
This is first reading for Ordinance No. 21-95 which modifies the
Laver's North SAD to replace 232 units in four 5-story structures
with 228 units in ten 2 and 3-story structures and eliminate tennis
courts and conference facilities. It also provides that the
specific site plan will be subject to review and approval by the
Site Plan Review and Appearance Board, and that future
modifications which are not substantial and do not deal with
intensity or type of uses can be reviewed by SPRAB and processed as
site plan modifications.
The Planning and Zoning Board formally reviewed this matter at
public hearing on April 17, 1995, and voted unanimously to
recommend that it be approved.
Recommend approval of Ordinance No. 21-95 on first reading, based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, Section
2.4.5(D)(5), and policies of the Comprehensive Plan. If passed, a
public hearing will be held on May 16, 1995.
~~xü:l./
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ref:agmem011
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ORDINANCE NO. 21-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE LEGAL
DESCRIPTION FOR THE LAVER'S NORTH SPECIAL ACTIVITIES
DISTRICT ( SAD) , AS ESTABLISHED BY ORDINANCE NO.
65-80¡ MODIFYING THE CONDITIONAL USE AND SITE PLAN
APPROVAL FOR THE SUBJECT PROPERTY¡ PROVIDING FOR
REVIEW OF THE SPECIFIC SITE PLAN AND FUTURE SITE PLAN
MODIFICATIONS BY THE SITE PLAN REVIEW AND APPEARANCE
BOARD ¡ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 17,
1995, and has forwarded the change with a recommendation of approval
by unanimous vote; 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 the following described property in the
City of Delray Beach, Florida, is hereby placed in the SAD (Special
Activities District) as defined in Section 4.4.25 of the Land
Development Regulations of the City of Delray Beach, to-wit:
All of the Plat of Laver's North, Plat Book 43, Pages
92 thru 94, as recorded in the Public Records of Palm
Beach County, Florida.
Section 2. That the conditional use and site plan approval
for the subject property, established pursuant to Ordinance No. 65-80,
be, and the same is hereby modified as follows:
(1) Modifications to the eastern 21.34 acre parcel
include:
(a) Replacing 232 approved units (four proposed
5-story buildings) with 228 units (ten 2
and 3-story buildings) with recreation
clubhouse and tot loti
(b) Elimination of 10 existing tennis courts;
. ' .
·
(c) Elimination of a portion of existing
parking lot (58 existing spaces and 37
future parking spaces for the tennis resort
function) .
(2 ) Modifications to the western balance of Laver's
North's 40.57 acres include:
(a) Addition of two tennis courts;
(b) Elimination of proposed meeting rooms,
restaurant and lounge which were part of
the proposed tennis resort facilities;
(c) Modifications to the existing parking lot
1. e. installing paving to provide for
internal circulation needed as a result of
the elimination of the existing parking.
(3 ) That the development of this property shall
generally be in accordance with Laver's North
SAD Revised Master Plan dated April 28, 1995,
subject to review and approval of a specific
site plan by the Site Plan Review and Appearance
Board.
(4 ) That any future modifications which are not
substantial and which do not deal with intensity
or type of uses shall be reviewed by the Site
Plan Review and Appearance Board and processed
as site plan modifications.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 2 - Ord. No. 21-95
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PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 21-95
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ID T. HARDEN, CITY MANAGER
THRU: ~ :MING~~OR
DE A TMENT¡OF PLANNING AND
~ .
FROM: PAUL DORLING, P
SUBJECT: MEETING OF MAY 2, 1995
APPROVAL OF AN ORDINANCE MODIFYING THE SPECIAL
ACTIVITIES DISTRICT (SAD) FOR THE LAVERS NORTH
DEVELOPMENT.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance modifying the
Special Activities District (SAD) for the Lavers North
development.
The property is located south of Linton Boulevard and west
of S.W. 4th Avenue. The majority of the property proposed
for modification is vacant (future phases of Lavers North)
with the exception of the southwest portion of the site
which contains 10 tennis courts and associated parking.
BACKGROUND:
The entire Lavers North SAD consists of 61.91 acres of which
approximately 40.57 acres has been developed with 318 units (six
5 story buildings) 19 tennis courts, and 3 tennis resort
buildings. The eastern 21.34 acres contains an additional 10
tennis courts and associated parking. The proposed modifications
to the eastern 21.34 acre parcel include:
* Replacing 232 approved units (four proposed 5-story
buildings) with 228 units (ten 2 and 3-story buildings)
with recreation clubhouse and tot lot;
* Elimination of 10 existing tennis courts; and,
* Elimination of a portion of an existing parking lot (58
existing spaces and 37 future parking spaces for the tennis
resort function).
. , .
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Modifications to the western balance of Lavers North's 40.57
acres includes:
* Addition of two tennis courts;
* Elimination of proposed meeting rooms, restaurant, and
lounge which were part of the proposed tennis resort
facilities; and,
* Modifications to the existing parking lot i.e. installing
paving to provide for internal circulation needed as a
result of the elimination of the existing parking.
The modified SAD ordinance will also contain language which will
allow modifications (other than those involving intensity or
uses) of the specific site plan, landscape plan, and elevations
by the Site Plan Review and Appearance Board ( SPRAB) .
Currently, even minor changes to SAD's require action by the
Planning and Zoning Board and approval by the City Commission.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the request at a public
hearing on May 17, 1995. No one from the public spoke and the
Planning and Zoning Board unanimously recommended (5-0)
approval.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance modifying the
Special Activities District (SAD) for the Lavers North
Development based upon positive findings with respect to Chapter
3 (Performance standards) of the Land Development Regulations,
Section 2.4.5(D)(5), and policies of the Comprehensive Plan.
Attachment:
* Planning and Zoning Board report
of April 17, 1995
t:lavers
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.,PL:ANNING & ZrNING BOARD f'
CITY OF DELRAY BEACH --- STAFF REPORT ---
-:TING DATE: April 17, 1995
AGENDA ITEM: V.G.
ITEM: Rezoning Request Associated with Amending "Lavers North"
an Approved SAD (Special Activities District) Development.
COStal
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GENERAL DATA:
Owner...................................................... Gloria Glass L.P.
Applicant................................................... TCRISFA Apartments, Inc.
Agent........................................................ Renzo Rais
Location.................... .............................. East side of SW 10th Avenue and Lindell Boulevard, south of Linton Boulevard.
Property Size............................................ 21.35 acres
Future Land Use Plan............................ .. Medium Density Residential (5-12 units/acre)
Current Zoning................................... .... SAD (Special Activities District)
Proposed Zoning................................... ... SAD (Special Activities District)
Adjacent Zoning..............................North: PC (Planned Commercial)
East: CF (Community Facilities), PC, SAD, and OSR (Open Space and Recreation)
South RM (Multiple Family Residential- Medium Density)
West: SAD
Existing land Use................. ............ Vacant
Proposed land Use........... .... Modification of the laver's North SAD to replace 232 units in four, five story
structures with 228 units in ten, two and three story structures and eliminate tennis
courts and conference facilities.
Water Service. EXisting on site
Sewer Service. E XIStll1g on site
V.G.
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I T E M B E FOR E THE BOA R D:
The action before the Board is that of making a
recommendation on a modification to a Special Activities
District (SAD) (21. 34 acre portion of the Lavers North
development).
The property is located south of Linton Boulevard and west
of S.W. 4th Avenue. The majority of the property is vacant
(future phases of Lavers North) with the exception of the
southwest portion of the site which contains 10 tennis
courts and associated parking.
Pursuant to Section 4.4.25 (C)(l) all SADs are estaplished
by . . ordinance processed as a rezoning. Therefore,
an
modifications of SADs requires modification of the
applicable rezoning ordinance. Further, pursuant to
Section 2.2.2 (E) , the Local Planning Agency (P&Z Board)
shall review and make a recommendation to the City
Commission with respect to the rezoning of any property
within the City.
B A C K G R 0 U N D:
The property is part of a larger tract (61.91 acres) known as
Lavers North. On November 25, 1980 the City Commission
approved a rezoning (RM-IO to SAD), Conditional Use request and
site plan for Lavers North. The Conditional Use and Site Plan
approval was for a tennis resort consisting of 610 dwelling
units in eleven 5-story buildings, 26 tennis courts,
recreational amenities and resort facilities including meeting
rooms restaurant and lounge. A final plat was approved by City
Commission on May 12, 1981. On August 25, 1981 a modification
to the Conditional use was approved by City Commission to allow
240 of the 610 dwelling units to be resort dwelling units (time
share uni ts) . Two site plan modifications were processed in
1981 and 1984 which involved additional access points and
relocation of support buildings (maintenance and laundry
buildings) and other minor adjustments.
Since 1981 a total of 318 units (six 5-story buildings), 19
tennis courts, and a portion of the resort facilities (3
buildings) have been constructed. Currently the Lavers North
property, with the exception of these six 5-story buildings and
their related parking areas is owned by a German resort group.
The resort group is proposing to sell 21.34 acres of their
holdings to the Trammell Crow Development Company. The
modification request seeks to replace four of the remaining
proposed 5-story buildings (total of 232 units) with ten 2 and
3-story buildings (228 units) . One of the proposed 5-story
buildings (60 units) will be retained on the balance of Lavers
North.
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P&Z Staff Repor_
SAD Rezoning - Lavers North
Page 2
If the SAD modification is approved a full site plan will
require review and approval by the Site Plan Review and
Appearance Board.
PRO J E C T DES C RIP T ION:
Modifications to the eastern 21.34 acre parcel include:
* Replacing 232 approved units (four proposed 5-story
buildings) with 228 units (ten 2 and 3-story buildings)
with recreation clubhouse and tot lot;
* Elimination of 10 existing tennis courts; and,
* Elimination of a portion of existing parking lot (58
existing spaces and 37 future parking spaces for the tennis
resort function).
Modifications to the western balance of Lavers North's 40.57
acres includes:
* Addition of two tennis courts;
* Elimination of proposed meeting rooms, restaurant, and
lounge which were part of the proposed tennis resort
facilities; and,
* Modifications to the existing parking lot i.e. installing
paving to provide for internal circulation needed as a
result of the elimination of the existing parking.
Z 0 N I N G A N A L Y S I S:
The subject parcel is currently zoned SAD (Special Activities
District) and the requested change seeks to modify the
associated site plan. The surrounding zoning is PC (Planned
Commercial) to the north, RM (Medium Density Residential) zoning
to the south, CF (Community Facilities) and OSR (Open Space and
Recreation) to the east and SAD to the west. The surrounding
uses include the Linton International Plaza and Costco to the
north, Delray Racquet Club to the south, Miller field to the
east and the balance of Lavers North residential development to
the west.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
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P&Z Staff Report.
SAD Rezoning - Lavers North
Page 3
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The requested zoning change is a modification of the SAD
zoning and associated site plan. Upon approval the parce 1
will retain the SAD zoning designation yet it will be
associated with the requested modified master plan. The
property has an underlying land use designation of MD
(Medium Density).
Pursuant to Section 4.4.25(A) the SAD zoning is deemed
consistent with any land use designation on the Future Land
Use Map. However, the uses allowed within a specific SAD
shall be consistent with the land use category shown on the
Future Land Use Map. The multi-family use proposed in this
SAD is consistent with the underlying Medium Density land
use designation.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The purpose of the SAD modification is to provide a more
contemporary, marketable multi-family project. The approved
four 5-story buildings are to be replaced with ten 2 and 3-story
buildings. The SAD modification will involve a reduced number
(228 units versus 232 units) of vested multi-family units and
therefore will not have a negative impact with respect to water,
sewer, solid waste, or drainage.
Pursuant to Section 2.4.5(D) with all rezoning requests, traffic
information is required addressing the development of the
property under reasonable intensity pursuant to the existing
and proposed zoning. As the SAD modification will replace
proposed units with ones of similar intensity no additional
impact with respect to traffic is noted. The traffic impact
will be reduced slightly as a result of the reduction of 4 units
resulting in a reduction of 28 trips (1,596 total trips). This
project is considered vested with respect to trips associated
with the 610 multi-family units previously approved.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning Actions) along
with the required findings in Section 2.4.5 (D)(5) (Rezoning
Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive P Ian may be used in making of a
finding of overall consistency.
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P&Z Staff Repor~
SAD Rezoning - Lavers North
Page 4
Comprehensive Plan policies:
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objective is noted:
Land Use Element, Objective A-1: Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
The site consists of vacant property (with the exception of
the southwest corner) which has been cleared and contains
no physical features requiring special consideration. The
SAD modification will provide a multi-family development
that is less intense than the approved multi-family use.
The site layout will be a more marketable product for this
land use type. Compatibility of the use is discussed
further under the section of this report that deals with
Standards for Rezoning Action.
section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That a rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
The subject parcel is located within a neighborhood
classified as "stable" within the housing element of
the Comprehensive Plan. However, the zoning
designation is remaining the same and represents
changes to the related site plan only. Thus, the
above standard is met.
B) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land use
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The proposed three story multi-family units are more
compatible with adjacent surrounding residential
units than the previously approved 5-story buildings.
The proposed scale is more in keeping with the
adjacent development. With the development proposal
landscape upgrades, on-going maintenance of a portion
of the lake and the roadway previously neglected are
proposed. Thus, the proposed site plan improvements
associated with the SAD modification should enhance
the sites compatibility.
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P&Z Staff Repor~
SAD Rezoning - Lavers North
Page S
LDR COMPLIANCE:
Section 2.4.S{D){S) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate; and,
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant submitted a justification statement which states
that reasons (c) apply because of the following:
"An SAD zoning is granted via an approved Master Site Plan,
any modification requested requires an applicant to go
through a rezoning type of process." . . . "With the
requested zoning on this application, SAD (residential
multi-family use) the current density is reduced slightly,
therefore the requested zoning is of lesser intensity than
currently allowed".
It is further more appropriate because "The original Lavers
North SAD development will never be complied under the old
site plan. The eastern portion of the property remains
vacant, hazardous, and an eye sore to the surrounding
communities."
"The proposed site plan provides for 10 two and three story
1990's style garden apartment buildings each containing
20-24 units, for a total of 228 units. These will replace
the four S-story 1970's style buildings (232 total units)
currently approved."
The modification will further achieve the following site
upgrade and improvements:
* Clean-up and rebank of the lake area;
* Clean-up, re-landscape and maintain berms and
perimeter green space; and,
* Eliminate hazards such as; Broken basketball courts,
high voltage lighting, meter boxes.
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P&Z Staff Repo~_
SAD Rezoning - Lavers North
Page 6
o THE R:
In reviewing the proposed master plan several deficiencies were
noted. These deficiencies should be added to the master plan
accompanying this request:
* The existing bridge across the lake needs to be shown.
* Pedestrian connections need to be provided between
buildings, recreation amenities and parking areas.
* Additional parking must be provided on the master plan to
meet the 536 spaces required pursuant to Section
4 .6.9(C) (2) (c).
* The proposed distribution of parking spaces needs to be
reviewed for buildings 3 & 4 and 6 & 7, additional spaces
should be provided in their vicinity.
* No more than 10 parking spaces are allowed in a row without
a landscape island. Several areas on the master plan
exceed this maximum.
* The parking lot modifications proposed to the balance of
Lavers (west of tennis center) should provide for cross
through circulation verses dead ends. Dead ends would
require stripping out of the end spaces to provide for the
ability to turn around verses backing out through the
parking lot when full.
* Provide roadway trees along Lavers Circle, west of Lavers
Drive similar to the treatment provided east of Lavers
Drive.
SAD Site Plan Review and Approval Process:
Concurrent with processing of the SAD rezoning application, a
complete site and development plan must be processed. This
process was implemented when both rezoning and site plan reviews
were conducted by the Planning and Zoning Board.
Since 1990 the Planning and Zoning Board has not reviewed site
plans, landscape plans, or elevations except in the case of
master plans. A master plan has been submitted and is part of
this SAD modification. This master plan shows the intensity,
and general location of buildings, circulation, parking, and
landscaping. Under the current SAD approval process a specific
site plan, landscape plan, and elevations require review by the
Planning and Zoning Board. Further, any future modifications
i.e. addition of parking spaces etc. must be processed as a
rezoning of the SAD requiring review by the Planning and Zoning
Board and approval by City Commission.
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P&Z Staff ReporL
SAD Rezoning - Lavers North
Page 7
Substantial changes to an SAD including increases in intensity,
change of uses etc. should continue to be reviewed by both the
Planning and Zoning Board and the City Commission. However,
minor changes to SAD site plans should not. It is recommended
that the Board remand the specific site plan, landscape plan,
and elevations for this project to the Site Plan Review and
Appearance Board (SPRAB) for approval. In addition, language
should be added to the SAD ordinance specifying that future
modifications which are not substantial and do not deal with
intensity or type of uses can be reviewed by SPRAB and processed
as site plan modifications.
REV I E W B Y 0 THE R S:
Site Plan Review and Appearance Board:
If approval is granted for the SAD modification and the
recommended processing modification language, the associated
site plan action will rest with the Site Plan Review and
Appearance Board. The site plan must be consistent with and
accommodate all components of the approved master plan.
Neighborhood Notice:
Property owners within 500 feet of the subject properties have
received notice of the Public Hearing. In addition, the
. following organizations have received courtesy notices of the
rezoning petition:
P.R.O.D.
United Property Association
Tropic Palms
Southridge Subdivision
Town and Country
ASS E SSM E N TAN D CON C L U S ION S:
This SAD modification request represents a reduction in
intensi ty of 4 dwelling units. While the site layout will
include 6 more buildings they will be 2 and 3 story buildings
which are more contemporary and marketable than the four 5-story
buildings approved in 1980. The modification request will
retain one proposed 5-story building (60 units) along the
western portion of the existing SAD (Building C). This SAD
modification and will provide a mechanism to upgrade a currently
unsightly portion of the existing SAD site.
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P&Z Staff Repor~
SAD Rezoning - Lavers North
Page 8
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the SAD modification request based
upon positive findings with respect to Chapter 3
(Performance standards) of the Land Development
Regulations, Section 2.4.5(D)(5), and policies of the
Comprehensive Plan.
C. Recommend denial of the SAD modification request based upon
a failure to make a positive finding with respect to
Section 2.4.5(D)(5) in that the rezoning fails to fulfill
at least one of the reasons listed, and policies of the
Comprehensive Plan.
S T A F F R E COM MEN D A T ION:
Recommend approval of the modification to the approved site and
development plan for the Lavers North SAD, and associated
modifications to the SAD ordinance to incorporate the following:
A. Modifications to the eastern 21.34 acre parcel including;
* Replacing 232 approved units (four proposed 5-story
buildings) with 228 units (ten 2 and 3-story
buildings) with recreation clubhouse and tot lot;
* Elimination of 10 existing tennis courts; and,
* Elimination of a portion of existing parking lot (58
existing spaces and 37 future parking spaces for the
tennis resort function).
B. Modifications to the western balance of Lavers North's
40.57 acres including;
* Addition of two tennis courts;
* Elimination of proposed meeting rooms, restaurant, and
lounge which were part of the proposed tennis resort
facilities; and,
* Modifications to the existing parking lot i.e.
installing paving to provide for internal circulation
needed as a result of the elimination of the existing
parking.
C. Review of the specific site plan, and future site plan
modifications by SPRAB;
and subject to the submittal of a revised master plan addressing
comments under "Other" section of this report.
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LIN10N 8 0 U LEVARD
N ~ LAVERS NORTH SAD.
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~ DEl'AIt1NEHT :.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:. : PORTION OF SAD. TO 8£ REZONED
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aT'f OJ DEUlAY BEACH. FL ~.:.:.:.:.:.:.:. =.:.:.:.:.:.:.:.:.:.:
- DIGITAl. 84S£ IIAP S'fS7EM -
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 1~./3. - MEETING OF MAY 2, 1995
ORDINANCE NO. 22-95
DATE: APRIL 28, 1995
This is first reading of an ordinance amending the Land
Development Regulations by enacting a new Section 4.4.28,
"Central Business District - Railroad Corridor (CBD-RC" , and
amending LDR Section 4.3.4(K), "Development Standards Matrix", to
provide development standards for the new district. If passed,
public hearing on May 16, 1995.
The CBD-RC district is a specialized district that is intended to
allow for development of light industrial type uses on properties
in the downtown area but in close proximity to the FEC railroad.
The purpose of the district is to recognize the longstanding
light industrial character of this railroad corridor; to provide
for the upgrading and expansion of existing uses when appro-
priate; and to enhance the economic growth of the central
business district by providing employment opportunities in the
downtown area.
The Planning and Zoning Board reviewed the matter at its meeting
of April 17, 1995, has determined that the change is consistent
with and furthers the objectives and policies of the Comprehen-
sive Plan, and has forwarded the change with a recommendation of
approval by unanimous vote.
Recommend approval of Ordinance No. 22-95 on first reading. If
passed, public hearing May 16, 1995.
Óff,,{i [(f ¿{, 5-D
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I
! ORDINANCE NO. 22-95
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I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
! DEL RAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW
I SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT - RAILROAD
I CORRIDOR (CBD-RC)" ; AMENDING SECTION 4.3.4(K),
i II DEVELOPMENT STANDARDS MATRIX" , TO PROVIDE
i DEVELOPMENT STANDARDS FOR THE NEW DISTRICT¡ PROVIDING
I A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
I EFFECTIVE DATE.
¡
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I WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Ii Zoning Board reviewed the subject matter at its meeting of April 17,
1995, and ha s forwarded the change with a recommendation of approval
by unanimous vote; 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.
iì NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4.4, 'I Base Zoning District", of the Land Development Regulations of
the City of Delray Beach, Florida, be, and the same is hereby amended
by enacting a new Section 4.4.28, "Central Business District -
Railroad Corridor (CBD-RC)", to read as follows:
I
Section 4.4.28 Central Business District-Railroad Corridor CCBD-RC)
(A) PurJ)ose and Intent: The CBD-RC district is a
specialized district that is intended to allow for development of
light industrial type uses on properties that are in the downtown
area, but are in close proximity to the FEC railroad. The purpose of
the district is to recognize the longstanding light industrial
character of this railroad corridor; to provide for the upgrading and
expansion of existing uses when appropriate; and to enhance the
economic growth of the central business district by providing
employment opportunities in the downtown area.
(B) Principal Uses and Structures Permitted: The following
types of uses are allowed within the CBD-RC District as permitted
! uses:
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.........-.-------.....-.--.--.. ~-----
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(1) All uses allowed as such wi thin the CBD District I
I
[Section 4.4.13(B)(1) through ( 5) ) . I
(2 ) Fabrication and/or Assembly: The working or
combining of processed or manufactured materials or parts for
distribution or sale, such as sheet metal, sign shop s , glass shops,
and cabinet making.
(3 ) Wholesaling. Storage and Distribution: The
wholesaling, storage and distribution of products and materials, other
than self-storage facilities, provided that such products and
materials shall not exceed 55 gallons of any substance which is listed
on the Generic Substances List of the Palm Beach County Wellfield
Protection Ordinance (Reference Palm Beach County Land Development
Code, Article 9, Section 9.3). I
I
(4) Contractor and Trade Services: Uses which I
are
primarily engaged in providing an off-site service but which maintain
inventory, equipment and a business office at a central location, such
as general contractor, electrician, painter, plumber, tile contractor,
air conditioning specialists.
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Parking lots
(2) Refuse and service areas
(3) Storage of inventory, equipment or materials,
within a structure or in an approved outside location.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the CBD-RC zoning
district:
(1) All uses allowed as such wi thin the CBD [Section
4.4.13(D»),
(2 ) Automobile repair and automobile detailing.
However, such facilities may not be located north of S.E. 1st Street,
Conditional use approval may not be granted for a new automobile
repair facility, nor for the expansion of an existing facility, unless
it is specifically demonstrated that off-street parking is available
in accordance with the requirements of Section 4.6.9.
- 2 - Ord, No. 22-95 I
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'--."-'--'--"'- _. ._. .0' _._, - .-,'- ~-"'-'-- '-'-_.' . '."--_.-'~'" -, _..>--~...'."'--"->'_.~'..."-'-~'-""~--~'-*' ....~~, .-.~-._._--.,-. --'-'"-,'-' .--- ~,' ~- -."-"'^'._-~..._.~"._...~.__..~. _.._..... ~-' .--- ,. --
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!
I (3 ) Food preparation and/or processing, including but i
I not limited to bakeries and catering operations. I
¡ (4 ) Dry cleaning processing plants. I
, I
! (E) Review and çproval Process:
it
I¡ (1) For any new development, approval must be granted
by the Site Plan Review and Appearance Board pursuant to Sections I
" 2.4.5(F), 2.4.5(H) and 2.4.5(1).
! I
(2) Conditional uses must be approved pursuant to the
provisions of Section 2.4.5(E).
(3 ) All development applications which are processed
through either the Planning and Zoning Board or the Site Plan Review
and Appearance Board shall be referred to the Downtown Development
Authority, the Community Redevelopment Agency, and Pineapple Grove
Main Street (when applicable) for recommendation prior to action by
the approving body.
(F) DevelQpment Standards: The development standards set
forth in Section 4.3.4 shall apply, except as modified below:
(1) Open Space. A minimum of ten percent (10% )
non-vehicular open space shall be provided.
(G) Sqpplemental District Regulations: In addition to the
supplemental district regulations as set forth in Article 4.6, the
following shall apply:
( 1 ) When the parking requirements of Section
4.6.9(E)(4) are applied to either new development or a change in use,
said parking requirements shall be reduced by one parking space. This
reduction may only occur once.
(2 ) If it is impossible or inappropriate to provide
required parking on-site, or off-site pursuant to Subsection
4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3)
may be applied.
(3 ) The parking requirement for restaurants is
established at six (6 ) spaces per 1,000 square feet of floor area.
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- 3 - Ord. No. 22-95
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¡t I
(H) Special Regulations:
¡'
(1) Overhead doors shall be prohibited from facing any
adjacent residentially zoned property. Overhead doors shall be
oriented away from any adjacent public right-of-way, except where
currently existing, unless it can be demonstrated to the Site Plan
, Review and Appearance Board that it is not feasible to comply.
,
(2) Except for outside storage approved pursuant to
Section 4.6.6(C)(2), all principal and conditional uses shall be
conducted within an enclosed building. I
( 3) Outside storage that is not properly screened must \
be brought into conformance with the requirements of Section
4.6.6(C)(2) within one year of the effective date of this ordinance.
Section 2. That Chapter Four, "Zoning Regulations", Article I
4.3, "District Regulations, General Provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4(K), "Development
Standards Matrix", of the Land Development Regulations of the City of I
Delray Beach, Florida, be, and the same is hereby amended to provide
development standards for the "Central Business District - Railroad !
Corridor (CBD-RC)II zoning district.
I
Section 3. That all ordinances or parts of ordinances in i
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
MAYOR
ATTEST:
City Clerk
First Reading
;
Second Reading
- 4 - Ord. No. 22-95
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- NEW CBD-RC ZONE DISTRICT
PLANNING Ü(PAR IMEN r
CHY or DELRAY BEACH, FL
. .~ OIC'IIN (jASr UN' 5YSrtN -
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDE~ MANAGER
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FROM: D' DOMINGUEZ, ~
DIRECTOR OF PLANNING & NIN
SUBJECT: MEETING OF MAY 2, 1995
AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS
CREATING SECTION 4.4.28, CENTRAL BUSINESS DISTRICT--
RAILROAD CORRIDOR (CBD-RC); AND AMENDING SECTION
4.3.4(K), DEVELOPMENT STANDARDS MATRIX TO PROVIDE
STANDARDS FOR THE NEW DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a new section to the Land Development
Regulations, Section 4.4.28, creating a new zoning
district; and amendments to Section 4.3.4(K), Development
Standards Matrix, providing development standards for the
new district.
The proposed new district is being created to apply to
properties located in the light industrial area of the
Central Business District, adjacent to the FEC rail
corridor.
B A C K G R 0 U N D:
This amendment is being processed pursuant to Policy A-5.14 of
the Future Land Use Element of the Comprehensive Plan, which
states as follows:
The City shall either amend the Central Business (CBD)
Zoning District, or create a new zoning district, to
facilitate the establishment of Industrial and Commerce
areas as envisioned in the "Village Center" scenario.
Commensurate with this activity, the City shall, if
necessary, rezone appropriate properties.
Following an extensive analysis of the subject area, the
proposal is to create a new zoning district that will allow
certain light industrial uses to operate in the downtown area
adjacent to the FEC railroad. A full description of the
background and analysis of the proposed new district is included
in the Planning and Zoning Board staff report.
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City Commission Documentation
CBD-RC Zoning District
Page 2
If approved, land use and zoning changes will be processed to
apply the new district to the areas indicated in the back-up.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 17, 1995. Other than a question regarding the
delineation of the boundary, there was no public comment.
Public comment had been previously given at a workshop meeting
of the Board, which is discussed in the staff report. The Board
unanimously recommended approval of the amendment creating the
district.
R E COM MEN D E D ACT ION:
By motion, approve an ordinance creating Section 4.2.28 of the
Land Development Regulations entitled Central Business
District--Railroad Corridor ( CBD-RC) ; and amending Section
4.3.4(K) of the LDRs, Development Standards Matrix to provide
development standards for the new district.
Attachment:
* P&Z Staff Report & Documentation of April 17, 1995
* Ordinance by others
T:CCCBDHC.DOC
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: APRIL 17, 1995
AGENDA ITEM: V.J. CREATION OF CENTRAL BUSINESS
DISTRICT--RAILROAD CORRIDOR (CBD-RC) ZONING
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on an ordinance
creating a special zoning district for the areas adjacent
to the FEC railroad corridor in the downtown area.
BACKGROUND:
Since the 1950's, an "overlay zone" has existed which applies to
the blocks located adjacent to the F.E.C. railroad corridor in
the downtown area. Within this zone, certain uses of a light
industrial character have been permitted which are not permitted
elsewhere wi thin the overall zoning district. Al though the
boundaries of the overlay zone have been modified over the
years, it has primarily consisted of the area that is 100' on
either side of the railroad right-of-way, between N.E. 4th
Street and 5·. E.' 4th· Str·eet. . ':{'he uses t:.hat are perinit;.~ed in the '.,
.:. . ..' oVerlqy .zon~.· häve:' .changed ·from.·, time ·:to·.··~iiñe;· as.·.· has···· the ..
..:. ;. ;: '". ."ünèle·r1Y~ncj' zoningdi's:t'rfct "for' th~ area:' ".: '. . .... ..,; . ".
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Currently t.h~. overlay: zone consists of.' two sections that are
described wi.thin '. thè Central' Business District zoning
regulations [ref; LDR Section 4.4.13(H)(3) and (4)]. The
locations as described have created :some difficulties in
impleinentatj,bn..~·and enforcement.~ .""' In som.e.·cases· the:'· boundaries·. . ".
crós.s·'throug'h.·th~:· middle of tots,.· which ·results·. in ·t.wo sets of ....
use regulations 'bþplying to one lot. AI~o~ the overlay area as
described includes several blocks (between S.E. 1st St. and S.E.
4th St.) that are currently zoned GC (General Commercial). As
the overlay zone is only described in the CBD zoning district,
it does not apply to those blocks, even though the intent to
have it apply is clearly there.
Another problem with the overlay zone is that the additional
uses ·tha~ are permitted are narrowly defined and very limiting.
This· has created obstacles for. businesses wanting to. occupy
b\,1ildings'with uSes that"a:r~ similar to, but not the: same as, ."
the iisted uses. Use interpretations have been referred to the
Planning and Zoning Board,' a process which can take several
weeks to complete.
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P & Z Memorandum Staff Report
CBD-RC Zoning District
Page 2
Policy A-5. 14 of the Future Land Use Element states that "the
City shall either amend the Central Business (CBD) Zoning
District, or create a new zoning district, to facilitate the
establishment of Industrial and Commerce areas as envisioned in
the "Village Center" scenario. Commensurate with this activity,
the City shall, if necessary, rezone appropriate properties."
In accordance with this policy, a committee was established to
study this area and determine the appropriate course of action.
CBD INDUSTRIAL AREA COMMITTEE
The CBD Industrial Area committee was formed to address the
uses in this area and to try to resolve the problems with the
overlay zone. The committee consisted of P & Z Chairperson
Randee Golder, CRA member Kathi Sumrall, and DDA member Chris
Wenzel, with staff support from the P & Z Department and the
Community Redevelopment Agency. Staff gathered data on the
types of uses, building square footages, and numbers of
employees, and categorized it by use groups. Staff also
compiled a history of the various overlay districts and the uses
permitted. The committee met on several occasions over the past
year to discuss the characteristics of the area and to consider
the appropriate regulations that should be applied. Given the
long-standing industrial character of the area, and the number
of viable businesses that exist, the consensus of the committee
was to support and encourage the development of the area as a
light industrial complement to the döwflt~~n.
Thð·. '~9~mi it·~é:·ls·'.èonciuSions ,~rid:o~eco~e~~ât.íons .:a:re.oås. foU:.QW~: . .0. .0
* There are more than 200bus°i-Ì1ess in the corridor'"'
employing approximately 425 "pepple. ". rt was the..
consensus of the ·committee that the zoning should
accommodate the m~jority of those businesses.
. "*~ather . than continue us"imj" an :overlay zoné,..· a new .. ..
zoning district sfiould be' creatèd which witt'" allow"
uses thát are light industrial in character, such as
fabrication, assembly, trades, and storage.
* Automobile repair should be permitted as a conditional
use, but only in the area south of S.E. 1st Street,
where most of it is currently located.
* All outside storpge should be brought into conformance
with 'screening 'requirements within a year of the
re.z-oning. 0 . . .
* Tfiere is a . shortäge of' parking in the area,
particularly in the southern section. The City and
the CRA should consider the purchase of vacant lots,
or the lease of FEC right-of-way, to develop parking
areas for businesses.
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P & Z Memorandum Staff Report
CBD-RC Zoning District
Page 3
Attached is a summary of the data that was collected for the
area. The uses are grouped and coded according to general
classifications (i.e. , contractor, light industrial, service,
etc. ) , and are illustrated in charts and graphs. Data for the
entire area is grouped, and the information is also separated to
address the north and south sections. It should be noted that
employment data was difficult to obtain, as many businesses
seemed reluctant to report that information. It is staff's
opinion that the actual employment in the area is higher than
the numbers reported.
Based upon the data and upon the characteristics of the area,
the committee developed a new zoning district, entitled Central
Business District--Railroad Corridor (CBD-RC) . A draft of the
ordinance has been presented to various boards, as discussed
below.
REVIEW BY OTHERS
Planninq and Zoninq Board Worksession
The Planning and Zoning Board held a workshop on March 2, 1995
to discuss the proposed new district. Approximately 30 property
owners and business persons attended, several of whom commented
on the proposed zoning. Among the comments and suggestions
were the following:
--Add food processing as ~ conditional use,
" , " -'-.A.l11enq the bound~ries to, ·inc.l\}de. t:h~ '. resi.dential ,a'ieq.,·
, .,,' : i.mmediat;.~ly ~~st Qf, the bowifng' a.I).-ey'. "...,.. .', " : ,: '. , "
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" .. '. . --Aliöw 'auto, detailf.ng.", ,. ,.,.., "."
. ''''·-C.onsider· amending :the boundaries to exclude, .p¡:rrt :öf ' ' , ,
. ,'the Pineapple Gro\J'ë ~ain St·reet. area'. " , '
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Overall, the Board members 'and the participants appeåred to be
.. ". SUpp~I;',t.i ve, of app).ying tl).e' .CaD-RC z<:?~ing to. thesubj~,ct area.
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:Þ inèa'pple 'Grove Main Street
The proposed zoning district was discussed at the PGMS meeting
of March 8, 1995. The group had a lengthy discussion regarding
the boundaries of the district, and in the end unanimously
recommended that they remain as proposed. They supported the
addition of food processing as a conditional use, and
recommended that the PGMS Board review proposals for projects
located within the Main Street district.
,Downtown Dev.eloI?ment.Au~hority . ,
The DDA discussed the proposed district. at a special workshop
meeting of March 29, 1995. The me'mbers recommended that the
wholesaling, storage, and distribution of toxic substances be
prohibited or limited due to the proximity of the district to
the downtown and to residential areas. They also recommended
better controls regarding potential noise and odors.
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P & Z Memorandum Staff Report
CBD-RC Zoning District
Page 4
PROPOSED CBD-RC DISTRICT
The proposed CBD-RC zoning district is to be applied to much of
the area that is now included in the overlay district (see map
included in back-up). The district regulations group the
permitted uses into broader categories than current¡y apply. The
uses are light industrial in character and include fabrication,
assembly, wholesale, and trades. The district also provides the
same parking regulations that are applicable to much of the area
now under the CBD zoning regulations. Automobile repair and
detailing (south section only), food processing, and dry
cleaning plants are listed as conditional uses. Restrictions
are provided for overhead doors and the storage of toxic
substances, and existing outside storage has to be screened
within a year of the rezoning.
It will also be necessary to amend the Development Standards
Matrix to include the new zoning district. The Development
Standards for the CBD-RC will be the same as the CBD district,
which are as follows:
Minimum lot size: 0
Minimum lot width: 0
Minimum lot depth: 0
Minimum lot frontage: 0
Maximum lot coverage: Min. 10% open space
Minimum floor area: N/A
Minimum devt. area: N/A
. . . .,
Jleight: ' . . {8 <ft'. ". . . . ..
Setbacks': " '.
:. Perimeter:'.. N/A ....... "
Front:,· 10ft..' ....... "
Street side: 10ft.
Side inter¡or: 0 ft.
. . .Rea:ç.:: 1.0 ft.
:. ...... '.o.. .....
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There are three zoning districts that currently apply to the
subject area: CBD, GC, or SAD (Special Acti vi ties District).
Subsequent to the approval of the CBD-RC zoning district
ordinance, zoning changes will be processed to apply the CBD-RC
zoning to the subject properties.
There· are also three different land use classifications that
, !=lpply: Commercial Core, General Commercial, and Redevelopment
·Are~. #.5.. The, CBD-·.RC. w).ll .þe consisteXlt with .th,e Commercial Core
and' the RA #5 designations, ho.wever,· as it. is to bé· åpp·U..ed . only'
to' this specific. geographic area, it wo~ld not be appropriate to.
have it be consistent with the GC land use. A change in the
land use from General Commercial to Commercial Core will be
processed concurrent with the rezoning.
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P & Z Memorandum Staff Report
CBD-RC Zoning District
Page 5
RECOMMENDED ACTION
By motion, recommend approval of an ordinance creating LDR
Section 4.4.28, Central Business District--Railroad Corridor
(CBD-RC) District, and amending LDR Section 4.3.4, Development
Standards Matrix, to include the new district.
Attachments:
* Draft of CBD-RC zoning district regulations
* Location map of area proposed for future rezoning
* CBD Rail Corridor Study--Support Data
* Letter of support from Harold Blinder of Skylake state Bank
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Section 4.4.28 Central Business District-Railroad Corridor
(CBD-RC)
(A) Purpose and Intent: The CBD-RC district is a
specialized district that is intended to allow for development
of light industrial type uses on properties that are in the
downtown area, but are in close proximity to the FEC railroad.
The purpose of the district is to recognize the long-standing
light industrial character of this railroad corridor; to provide
for the upgrading and expansion of existing uses when
appropriate; and to enhance the economic growth of the central
business district by providing employment opportunities in the
downtown area.
(B) Principal Uses and Structures Permitted: The
following types of uses are allowed within the CBD-RC District
as permitted uses:
(1) All uses allowed as such within the CBD District
[Section 4.4.13(B)(1) through (5).
(2) Fabrication and/or Assembly: The working or combining
of processed or manufactured materials or parts for distribution
or sale, such as sheet metal, sign shops, glass shops, and
cabinet making.
(3) Wholesaling, storage, and Distribution: The
wholesaling, storage, and distribution of products and
materials" other than sel.f-storag~ faciliti,es" provided that
.. ',such products ,and ma:te~ials, shall ·not exceed ,55 ,gallons .of . any,',
...: . " 'substanc~ whJ.ch ,is ',l'ìsted: on 'the Generic 'SuQstànces, ',List 0'£· the ':,
, -. .Palrn:-',Be~ch CQunty 'W~;Llf'ie·lçi Protec;tiorl; Ordl.n,anc~·' (Ret:erenc-,eP"alm':: ,.
Beach cou~~y Land DevE7lopment Code i'Art,i..c~¢ ,9, S~ctio,n'·.9.. 3) .': ' .
( 4) Contra,ctpr' and ,Trade Services: . Uses wnich are
. 'primari).y enga,ged, , in providing an off-:-si te seryice but which
. ...,.", ',: maintain :. ·inventory, . equipment·, ,·and ë;l,., :bus.in,~ss. : .o.f-fa.ce ,at',' a;". ','
central . ~l,o'cation,' suoh<, as gen~ral" .contractor,. èlectri,~iari,···
painter, plumber~ tile coritractoi, air-~onditionirig specialists.'
(C) Accessory Uses 'and Structures Permitted: The
following uses are allowed when a part of, or accessory to, the
principal use:
(1) Parking lots
(2) Refuse and Service' Areas
.( 3) s-tòrage of, inventorYi 'equTprne:nt,'- or ,materials, wi thin
a'structure Qr in an app~oved outside location.
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses within the CBD-RC
zoning district:
(1) All uses allowed as such within the CBD [Section
4.4.13(0)].
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(2) Automobile repair and automobile detailing, however,
such facilities may not be located north of S. E. 1st Street.
Conditional use approval may not be granted for a new automobile
repair facility, nor for the expansion of an existing facility,
unless it is specifically demonstrated that off-street parking
is available in accordance with the requirements of Section
4 . 6 .9.
(3) Food preparation and/or processing including but not
limited to bakeries and catering operations.
(4) Dry cleaning processing plants.
(E) Review and Approval Process:
(1) For any new development, approval must be granted by
the Site Plan Review and Appearance Board pursuant to Sections
2.4.5 (F), 2.4.5(H), and 2.4.5(1).
(2) Conditional uses must be approved pursuant to the
provisions of Section 2.4.5(E).
(3) All development applications which are processed
through either the Planning and Zoning Board or the Site Plan
Review and Appearance Board shall be referred to the Downtown
Development Authority, the Community Redevelopment Agency, and
Pineapple Grove Main Stre~t (whe~ applicable) for recommendation
: prior ;to action ·by the approving ·b.ody.. . . '.
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. : : :fQrth .in ·4....3..'4 shall åppl'y, èX?~.?~.~s..·..~ddifi~.d b~.~O~: :' ~.
(1) . 'Open . Space: A ·minimum.. of. 10% non~vehicular open. space
.sha~l,be pro~ided. " .
..... .' ..... ·'·;:'(<?f .·S1,l·pplemental:·Dii3trièt"Regu·i~tións.:. In: a(jd i:.t{oì{· to the" ....
supplemental . district regúla;tiöris as set forth in Article 4.6,
the following shall apply:
( 1) When the parking requirements of Section 4.6.9 (E) (4)
are applied to either new development or a change in use, said
parking requirements shall be reduced by one parking space.
This reduction may only occur once.
(2) If it is impossible or inappropriate to provide
required parking on-si.te, or off-site pursuant to Subsection
4.6..9(E)(4), the in-lieu .fee 'option pro~ided. 1n Section
4.6.9(E)(3).may be ~ppir~d. .
(3) The parking requirement for restaurants is established
at six (6) spaces per 1,000 square feet of floor area.
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(H) Special Regulations:
( 1 ) Overhead doors shall be prohibited from facing
any adjacent residentially zoned property. Overhead doors shall
be oriented away from any adjacent public right-of-way, except
where currently existing, unless it can be demonstrated to the
Site Plan Review and Appearance Board that it is not feasible to
comply.
( 2 ) Except for outside storage approved pursuant to
Section 4.6.6(C)(2), all principal and conditional uses shall be
conducted within an enclosed building.
( 3 ) Outside storage that is not properly screened must be
brought into conformance with the requirements of Section
4.6.6(C)(2) within one year of the effective date of this
ordinance.
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Rail Corridor Study
PROPOSED REZONING TO CBD-RC
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SUPPORT DATA
"
il I r
C.B.D. RAIL CORRIDOR STUDY
SQUARE FOOTAGE. AND NUMBER OF EMPLOYEES
BY GENERALIZED USE GROUP
(ENTIRE STUDY AREA)
GENERALIZED USE GROUP NUMBER OF
I USE GROUP I FREQUENCY I EMPLOYEES I SQ. FEET I
AR 14 24 28,575
CN 23 112 6~,370
DC 2 8 8,000
I 1 4 7,800
LI 32 90 62,605
MU 5 0 8,725
OF 10 53 16,000
PK 4 0 0
RS 3 40 , 4,365
RT 19 37 20,722
SG 5 0 5,150
.SV 27 46 . 43,3-Q8
:·SW·· 26 11,' 65';,475 . ,
. .
-.·1 . : ..: :·0 ' ., "-52,7'76
VB. .~7 ...
.'
VL 7· 0 0
:
'. ..', 2'.: .,' ',,: '. . 0 . .
. . zz .' ...... . 13;678
, . ' "
----- ----- ---------
GRAND TOTALS: 217 425 398,549
LEGEND:
AR= AUTO REPAIR OF= OFFICE "SV= SERVICE
CN= CONTRACTOR PK= PARKING LOT SW= STORAGE/WAREHOUSE
DC= DRY CLEANERS RS= RESTAURANT VB= VACANT BUILDING
I = INDUSTRIAL RT= RETAIL VL= VACANT LAND
LI= LIGHT INDUSTRIAL SG= SINGLE FAMILY zz= MISCELLANEOUS
MU= MULTI-FAMILY
, , r
,< .
- - TOTAL AREA - -
FREQUENCY OF AGGREGATE USE GROUPS
(ENTIRE SlUDY AREA)
(4.111")
AR (6.45110)
U (14.75")
RT (6,76%)
NUMBER OF EMPLOYEES
(ENTIRE STUDY AREA)
150
140 ...__O______..____._n_..___.__..___._______....__.__.n_..._..__..____ ____..___...._"........____......................_....__.........__.._.._.......___._____... ....___ _____.____..__......_____....._____..
130 .....-.-....--....-.............--.-...--..--.......--....-----............-...--..--.-...-..-....-.-------.........-.----.........--.---..................--...--...-.-.--...-----.-
120 ...---.--..........--....--...-....-.-....-.........--.---.....................-.....---.....-..............--..---..........-.-.-....--.-....--------.----....----......,-------...-..-..----..--.
(f) 110 ...----.-.--.-.....--------------....---...-..........-..-.---..--....--..---............-.......-.--------...--...----..
lli100 ...-................-....-.-.-......----.-------...--.....-------.--.....---.............-..-...-.-.............-...-.....-..--.--............----..............
t 90 ...-.--...---..---....-...-----..-............-.-.....---...-...-...-.-.-...--.--.....-----..-...--.-.-.......-..-.......-...-......-..--...-...---.-...-
~ 80 ...__._._....___._.__.._..._..._..___.__.__.._...._....____......___......._d____..__.._...__..._.._....______._._.__._....__
a.
:::E 70 -...............---.-.....-........---..........-..........--_.__......._..._._.._...--~-.-.----._._...._------.-----......-.........--......-----.-.............
w 60
LL
0 50
:a: 40
j()
20
10
.. .',' 0 ..
. I .oç. . s.N .ÅR. ~í.. RS !!!N .OF lI' CN
AGqRfiGA TE; UßE'GROUP .
.' . SQUARE FOOTAGE OFAGG.USE GROUPS
, '.
. ... . (ENnR~ STUDY AA~) .
80,000
.....-..--..-.------......--.---.--. -..-..--..-----.--.-.-.-...-..........-..-.---.-.-......-..--...--.-........-......-----..-.---.-......---- --.--..--.....---
70,000 ....-...-..-......-.---....-----..-..--...-.-.......----.-.......-..-.-....----...---..-...-----..--...............--.--.._-_.__....._-.__....~--_..__.._._..-
.....--........-..-..-.-...........-...--..--.............-..-....---.......--.--.-..-----...........-....-...--.----.....---...-.---.---.
eo,ooo .-.-...-.........-.-.----.--.-..-.............---.-....-...-....-.--...-.----..-..--.--.---...-------..---.-.-- ......
I- ..............-.-.--.-.-.......----........-.....-.....-..--...................-.-.-.....-...-...-.--..--..-........-.....-.......-...-.--.-.........-.--.--..
:g SO,OOO
LL
~ «1,000
c( ._........h.___..........___.._._....h............... .n__._....._.......... ..._..............n..........
Õ 30.000 _..h._.........._...................nn_···.._.._..._.........._..·_.___.._.
f/) ......n........._.__..._. nnd_._........._........._.....___._............. ._.. .....n_ ... . . .. __. .. .... _ _.u.
20,000
'_n
.10.000 .......
.......
0
RS SG I DC MU U Of RT AR SV VB CN U S'N
AGGREGATE USE GROUP
. r
C.B.D. RAIL CORRIDOR STUDY
SQUARE FOOTAGE AND NUMBER OF EMPLOYEES
BY GENERALIZED USE GROUP
(NORTHERN PORTION OF STUDY AREA)
GENERALIZED USE GROUP NUMBER OF
I USE GROUP I FREQUENCY I EMPLOYEES I SQ. FEET I
AR 1 3 1,600
CN 12 40 33,990
DC 2 8 8,000
LI 19 57 29,655
'..
MU 3 0 6,100
OF 7 50 13,850
PK 3 0 0
RS 2 36 3,165
RT 9 22 11,475 _
SG 2 0 1,650
SV 15 26 20,265
SW 11 3 37,5-50
VB 16· . . . 0 .' 16,176
VL '. :..:: '5 '·0 . . . . . . ·····'0=
. . ..
ZZ .2 ·0 . 13,678
" . '.
. . .' . . ',' '. .' .'
----- .---~-- . . --------- '. .
..
GRAND TOTALS':. '109 . 245 197 ,15·4
LEGEND:
AR= AUTO REPAIR OF= OFFICI;: SV= SERVICE'
CN= CONTRACTOR PK=' PARKING LOT SW= STORAGE/WAREHOUSE
DC= DRY CLEANERS RS= RESTAURANT VB= VACANT BUILDING
I = INDUSTRIAL RT= RETAIL VL= VACANT LAND
LI= LIGHT INDUSTRIAL SG= SINGLE FAMILY zz= MISCELLANEOUS
MU= MULTI-FAMILY
" , r
:
- - NORTHERN AREA - -
FREQUENCY OF AGGREGA TE USE GROUPS
(NORTHERN STUDY AREA)
OF (6.42%)
VB (14.68%)
RT (8.26%)
NUMBER OF EMPLOYEES
(NORTHERN STUDY AREA)
100
90 ..._._._...._.......__.._.._.._.___.________.__.___._.__.__...n_.__...... ..____.-.....____._.__ ............_n.._...___nn.h.._____...n..._._...___....._n_.n__._._.._..____._.____
80 _...........____._........._______....__.____....__...............______.__..._.___.._..____._._____ __._...._ ....._.... _._______...____...___._________._.______....___________u_n______
~ 70 ..___..................._._....u....___n.n___.._._......___......hn..... n._____....d n_.____"__ ._._Un__...'.__ .......... u...__n__..______........__....._._n__.__...__n...._.__..____
W
ð 60 ..-...-..........................................-...-...................-................. ............ ....... ...... ..............-.............- ........_....................-......_..........._._.....~~.~:-::.=:-._.....
.. RT' &.I . R$., ·CN OF U
AGGREGA Tç use; GROUP
SQUARE FÔOTAGE OF AGG. USE GROUPS '.
, (NORTHER~SrUOYAREA) .' "
" ' . _. ..
, '. .,
.'
50.000
.............._..._. ........._...____ ....._.._.......... ....... .._....__._......._..h..__..._n._.......n.__... ...__......._n.__ ._......._.. "'''_h.___ ......h._..._..._...___..___......__........__..
40,000 ...-.............................-................-.............--.... ...-......_......-....... ----..............._............_------..._---.-......-.---.-.....--.......--------.....----
I-
W
~ 30,000
w
0:::
0(
Õ 20,000
CI)
10,000
0
AR SG RS MU DC RT ZZ OF VB &.I U CN SoN
AGGREGATE USE GROUP
. , .
C.B.D. RAIL CORRIDOR STUDY
SQUARE FOOTAGE AND NUMBER OF EMPLOYEES
BY GENERALIZED USE GROUP
(SOUTHERN PORTION OF STUDY AREA)
GENERALIZED USE GROUP NUMBER OF
I USE GROUP I FREQUENCY I EMPLOYEES I SQ. FEET I
AR 13 21 26,975
CN 11 72 27,380
I 1 4 7,800
LI 13 33 32,950
,..
MU 2 0 2,625
OF 3 3 2,150
PK 1 0 0
RS 1 4 1,200
RT 10 15 , 9,247
SG 3 0 3,500
SV 12 20 23,043
SW 15 8 27,925
VB. 21 0 36,600
.. . , , .
VL· 2, Q' ,,' 0,·
"
----- ----- ---------
GRAND T.OTALS~ .108', ' " 1ao:: ;201 ,.~.9.5
. , , ' ..
. ., ,. , ,
, ,.
LEGEND:
AR= AUTO REPAIR OF= OFFICE SV= SERVICE
CN= CONTRACTOR PK= PARKING LOT SW= STORAGE/WAREHOUSE
DC= DRY CLEANERS RS= RESTAURANT VB= VACANT BUILDING
I = INDUSTRIAL RT= RETAIL VL= VACANT LAND
LI= LIGHT INDUSTRIAL SG= SINGLE FAMILY zz= MISCELLANEOUS
MU= MULTI-FAMILY
. , .
"
- - SOUTHERN AREA - -
FREQUENCY OF AGGREGATE USE GROUPS
(SOUTHERN STUDY AREA)
PI< (0.93%)
RS (0.93110)
1(0.93110)
MU (1.85110)
Vl(1.85'11o)
SG (2.76'1fo)
OF (2. 78'1fo)
SW (13.89'110) CN(10.19'11o
NUMBER OF EMPLOYEES
(SOUTHERN STUDY AREA)
100
90 .._.__.___.______.__.. ..._........___...._____....._......_.._..__._....._..._........_n.._··_____..__.._....··......._..__..·_,··__....··.._____._........,..... ______......_._.....____.__
eo ·__..·n...·__n·..·.__.·....··.. ____......._......._......__..... ...·__.....··___..·____···_.__.n_.·_._·.·..__.__··...··..·_.. __.....______...._..____.. .. ._.___....__......____....._.....__..
,
f370 ........__n_n..___....._,_.hn__nn__.......__..__._............n........._...._....____._n......_.__.....h........n.....__................. hnu_._ n.......... .n...._____, .nn_'_"_ ;.:.;.:.:.;.:.;.:.;.:. ...._..
;:::::::::~:'::::~::
W ......-.....-...... -.--..,............-.....-.-......-......-.-.......-.--..--..-...--......-......-...............-.......-...-..-.....-..... -........-.. ........ .----.. ..--.....-.... ...... ____on .-.-...... )1111[:11111__"
~ 60
-'
0- 50 ...._....__uu__..........._n_.....__.._._......._.un.._u................h.nn ...._..__n...._...__....... ................ ........_... ...n_...._. ....._...... _...... ... ::::;::::::::~::;:::: ......_
::E :'::":;::::::::":;.:$::::
W -40 ...........--....----....-. .....·........._.....·_·nn.·__.._.....____......·.._··...·..·_.·_.........__...._....h._ ...--.. ....... .....'" .......-..... ......... ..-.- ..... .......... ~¡~¡~~~~~~~~~i~ -o.
u. ::::-;:::::::::::::::;
0 30 ........... ...........
.... ..........__.u... ...... ......_.......·.......·.u...._.._·..·....h_......._nu.·_._····__·u_...._..._...._h_.._n..... ....-.....-.........-........ ....... ...... :;::::::::::;;::~::;: ....... ::::::::~t.:::~~:: .'---
20 1lJ~~;~~~~~~ h___ ~~~~~~f~i~ --
::::;::$;:::~~:~: :~~::::::::~:
10 -......- ¡¡ljlll¡I¡I¡jl: ··~····111f1111--
0
OF RS SIN Rr ·SII' M U ·CN
. AGG~EGATE USE GROUP
..
SQUARE FOOTAGE OF AGG. ·USE GROUPS· ..
'. ,(SOUTH~RN srUO¥ÁREA)
50,000
.........._-..-...... .......-...-..-...--..--..-.....-..-.-..-----.-..-..-..-.--.....-.-.....-..--................ .....................-..... ............-......-...-.-..-......-.---
-40,000 .....-'.-..' .......-..-....---.....-....-.-..-....-.............--..--.......-.-.-....-..-....-.-...----....-...--.............-.......-...-.-.......... .....---..-.--.-....-.-
t-
W
~ 30,000
w ................ .:.:.:.:.:.:.;.
a: ~~~-_:~~~~~~:~~~::~~~~~·ì·: 1....··1····
c(
8 20,000
fI)
10,000
.......- ........ ........
........ .. ::!:::¡i!¡ i; ¡):I¡¡i:¡¡¡::¡:!i::::~·¡·: . ......
0
RS OF MU SG I RT SII M CN SIN U VB
AGGREGATE USE GROUP
-
.
.
(I THE SKYLAKE STATE BANK
1550 N.E. MIAMI GARDENS DRIVE/N. MIAMI BEACH. FL. 33179/ TELEPHONE (305) 945-1800
MAILING ADDRESS: P.O. BOX 694300/MIAMI. FL. 33269-1300
April 12, 1995
Ms. Diane Donùnquez
Delray City Planning and Zoning Director
City of Del ray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: 415-475 S.B. 1st Avenue, Delray Beach
Dear Ms. Donùnquez:
The Skylake State Bank, through its wholly owned subsidiary, SSB Properties, owns and operates
a 34,000 square foot warehouse facility at the above subject location. We were present at the
special workshop conducted by the Planning and Zoning Board on March 2, 1995, We strongly
support the Boards' proposals for the new district to be known as "CBD-RC ZONE DISTRICT".
The proposed zoning recognizes the lùstorical uses and addresses the needs of the property
owners in the railroad corridor, wlùle maintaining the necessary controls for a commercial, inner
city area. Further, we wish to thank you and your staff for the professional manner in wlùch you
have conducted the research and wish you success in ~clùeving final approval from the City of
Delray Beach.
Very truly· y~urs, . .
'.C)µ~
Harold Blìnder
Assistant Vice President
cc: Molly A. Rime - Executive Vice President ,t~W:~~~IDJ
~\,R .:.>
70~\\'lG
pU~NN\~\G &.-
, , .
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN~AGER
, .
FROM: DIANE DOMINGUEZ,
DIRECTOR OF PLA ING & ZO~
SUBJECT: MEETING OF MAY 2, 1995
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REDUCING
THE OPEN SPACE REQUIREMENT IN THE CBD ZONING DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment reducing the open space
requirement in the CBD (Central Business District) zoning
district. The affected LDR sections are 4.4.13{F) and
4.3.4{K).
B A C K G R 0 U N D:
The original version of this amendment was before the City
Commission on February 3, 1995. As proposed at the time, it
would have reduced the open space requirement in the CBD from
25% to 10%, and to 0% in the original Downtown Development
Authority (DDA) area. The Commission wanted the 0% requirement
to extend to the CBD area east of the Intracoastal as well. The
amendment was denied on first reading in order to allow for that
change to be made.
As this amendment refers to the original DDA area, staff has
taken this opportunity to correct the way that the DDA area is
described in the LDRs. The existing lengthy legal description
will be supplemented by a map that illustrates both the original
and expanded DDA. Those changes are being processed as a
separate amendment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 17, 1995. There was no public comment given,
and the Board recommended unanimously that it be approved.
R E COM MEN D E D ACT ION:
By motion, approve the proposed amendments to LDR Section 4.4.13
(F) and 4.3.4(K) as described in the attached Planning and
Zoning Board staff report.
Attachment:
* P&Z Staff Report & Documentation of April 17, 1995
* Ordinance by others
/)..~ . JJtJ-/
()f(6/D
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"- ._--- _. 0-- _. __._" - _.-.
I
I
ORDINANCE NO. 24-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
d DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
Ii II CENTRAL BUSINESS (CBD) DISTRICT" , SUBSECTION
4.4.13(F) , II DEVELOPMENT STANDARDS" , OF THE LAND
II DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
II FLORIDA, BY ADDING SUBPARAGRAPH 4.4.13(F)(2) TO
I: REDUCE THE MINIMUM OPEN SPACE REQUIREMENT WITHIN THE
¡t CBD ZONING DISTRICT; AMENDING SECTION 4.3.4(K),
i' II DEVELOPMENT STANDARDS MATRIX" , BY AMENDING THE
i MAXIMUM LOT COVERAGE REFERENCE FOR THE CENTRAL
i BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER
I CLAUSE, A SAVING CLAUSE, AND AN EFFÈCTIVE DATE.
I
i WHEREAS, pursuant LDR Section 1.1.6, the Planning and
I to
I Zoning Board reviewed the subject matter at its meeting of April 17,
i:
,. 1995, and has forwarded the change with a recommendation of approval
i!
ì by unanimous vote; 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:
I: Section 1. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4. 13, "Central Business (CBD)
I: District", Subsection 4.4.13(F), IIDevelopment Standards", of the Land
Ii Development Regulations of the City of Delray Beach, Florida, be, and
I the same is hereby amended to read as follows:
I
I·
I (F) Develop.ent Standards: 1Ø//_~~~~~ØØ//~Ø//~~he
development standards set forth in Section 4.3.4
" shall apply, except as modified below//~~,/tØ¡¡ØV~øg
,.
I¡ _~_¡¡/_¡_Ø/_~~¡ý:
11
I,
I! (1) Height: The CBD is a geographic area in
which exceptions to height regulations are allowed.
d
i ill O,pen Space: A minimum of 10% non-vehicular
I
, open space shall be provided: however. within the
! area encompassed by the boundaries of the oriqinal
Downtown Development Authority as described in
Section 8.2.2CB). and within the section of the CBD f
, zoninq district located east of the Intracoastal
I I
I
I
I
\
i
" '
I I
-- '" --~~- .-.. .-.- . .-. ..
I
I Waterway. there shall be no minimum open space
, reauirement. Notwithstanding the provisions of this
I section. the bOdy acting upon a develQpment
¡ application within the CBD may require that open
i areas. including but not limited to courtyards.
I
I plazas. and landscaped setbacks. be provided in order
i
I to add interest and provide relief from the building
I
I mass.
I Section 2. That Chapter Four, "Zoning Regulations", Article
I
'I 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base
I,
! District Development Standards" , Subsection 4.3.4(K), "Development
II Standards Matrix", of the Land Development Regulations of the City of
:! Delray Beach, Florida, be, and the same is hereby amended to read as
I,
follows:
Maximum
,
;,
.,
¡: Lot Coverage
,I
\:
Ii
" Central Business District (CBD) f'1Y .Lll
!;
i
I
Ii Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Ii Section 4 . That should section provision of this
I: any or
I ordinance or any portion thereof, any paragraph, sentence, or word be
Ii declared by a court of competent jurisdiction to be invalid, such I
,i decision shall not affect the validity of the remainder hereof as a
¡; I
", whole or part thereof other than the part declared to be invalid.
I: I
I
Section 5. That this ordinance shall become effective I
!'
i! immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final I
reading on this the day of 1995.
, I
¡! i
I;
i
I
! MAYOR
¡ ATTEST:
'I
!
i City Clerk
I First Reading
i Second Reading
i
í
I
I
,
" - 2 - Ord. No. 24-95
II
I!
I'
Ii
II
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: APRIL 17, 1994
AGENDA ITEM: V.L. REVISED LDR AMENDMENT REDUCING OPEN SPACE
REQUIREMENTS IN THE CENTRAL BUSINESS DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on a revised LDR
amendment reducing the open space requirements in the CBD
zoning district.
BACKGROUND:
This amendment was originally before the Board at its meeting of
January 23, 1995. At that meeting, the Board voted to forward a
recommendation to the City Commission that properties within the
original DDA (Downtown Development Authority) area have no
minimum open space requirement, and that the remainder of the
CBD be required to provide at least 10%.
Staff worded the amendment to include the phrase "the area
encompassed by the boundaries of the Downtown Development
Authority as originally established on March 22, 1971." This
original DDA area is currently described by a lengthy legal
description provided in Section 8.2 of the LDRs.
When the amendment was forwarded to the City Commission via the
City Manager, the City Manager requested that changes be made to
include an abbreviated legal description of the original DDA
within the CBD district regulations. Those changes were
incorporated and forwarded to the City Commission.
The City Commission held the first reading of the amendment on
February 3, 1995. The Commission felt that in addition to the
original DDA area, the CBD area east of the Intracoastal
Waterway should also have no minimum open space requirement.
The ordinance was denied on first reading in order to make that
change.
In making the changes, staff determined that including the
abbreviated DDA description in the CBD zoning regulations was a
bit problematic in terms of context. We also noted that the
description of the expanded DDA as adopted in 1993 was never
added to LDR Section 8.2. Rather than including legal
descriptions that are difficult for the general public to
interpret, an amendment is proposed that will provide a map 0 f
both the original and expanded DDA areas within Section 8.2.
That amendment is being processed concurrent with this open
space amendment.
V.L.
. < .
P & Z Board Memorandum Report . . -
LDR Amendment Re: Open Space in the CBD
Page 2
PROPOSED AMENDMENT
The revised amendment is as follows:
(F) Development Standards: Iri åøøltløri tø tThe development
standards set forth in Section 4.3.4 shall apply, except as
modified belowl tHé tøIløwlri~ $Håll ål$ø åpplý:
( 1) Height: The CBD is a geographic area in which
exceptions to height regulations are allowed.
ill Open Space: A minimum of 10% non-vehicular open space
shall be provided; however, within the area encompassed by
the boundaries of the oriqinal DDA as described in Section
8.2.2(B), and within the section of the CBD zoninq district
located east of the Intracoastal Waterway, there shall be
no minimum open space requirement. Notwithstandinq the
provisions of this section, the body actinq upon a
development application within the CBD may require that
open areas, including but not limited to courtyards,
plazas, and landscaped setbacks, be provided in order to
add interest and provide relief from the buildinq mass.
In addition to the above, that section of the Development
Standards Matrix [LDR Section 4.3.4(K)] dealing with maximum
coverage in the CBD will also be amended to refer to this
specific regulation.
ANALYSIS:
The ordinance as proposed expands the zero open space
requirement beyond that which was originally recommended by the
P & Z Board. This is consistent with the intent of this
amendment, in that the area east of the ICWW is already
developed at an intensity similar to the properties located in
the original DDA. Many of the sites are currently nonconforming
as to open space, but will become conforming as a result of this
amendment. While no minimum open space is required in the
designated areas, the amendment does give the reviewing board
the authority to require open space or open areas when
appropriate.
RECOMMENDED ACTION:
By motion, recommend that City Commission adopt the proposed
ordinance reducing the open space requirement in the CBD, and
amending the Development Standards Matrix to reflect that
change.
.,": PZCt3DOS2 .00<':
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # J~·D. - MEETING OF MAY 2, 1995
ORDINANCE NO. 23-95
DATE: APRIL 28, 1995
This is first reading of Ordinance No. 23-95 amending Land
Development Regulations Sections 8.2.1(A) Creation of the Down-
town Development Authority, and 8.2.2(B) Downtown Area Descrip-
tion, to provide revised descriptions of the original and
expanded boundaries of the DDA area and to correct a reference
regarding the date the Act establishing the DDA became effective.
Section 8.2.2 of the LDRs provides the legal description of the
original DDA area. An expansion of the boundaries was approved
by a referendum election on April 27, 1993, and made to corres-
pond to the Central Business District. However, the legal
description which accompanied the House Bill enacting the
expanded area omitted certain areas. Subsequently, a revised
House Bill adopting the corrected legal description was approved
and became effective on May 13, 1994.
This amendment proposes to replace the legal description of the
original DDA area and to depict the boundaries of both the
original and expanded DDA area on a location map exhibit within
Section 8.2.2 (B) . Also, an abbreviated general description of
both the original and expanded boundaries will be provided within
the Appendix of the Land Development Regulations.
The Planning and Zoning Board formally reviewed this item at its
meeting of April 17, 1995, and voted unanimously to recommend
approval of the proposed amendment to LDR Sections 8.2.1(A) and
8.2.2 (B) correcting the effective date of the Act establishing
the DDA and providing revised descriptions of the original and
expanded boundaries of the DDA area.
Recommend approval of Ordinance 23 -95 on first reading. If
passed, public hearing on May 16, 1995.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HA~CITY MANAGER
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THRU: D E ~INGU ,DIRECT
DEPARTMENT OF PLANNING D ZO ING
L(þ{h.r... ()jþ¡",
FROM: ASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MAY 2, 1995
AMENDMENT TO LDR SECTIONS 8.2.1 (A) AND SECTION 8.2.2
(B) REGARDING REVISED DESCRIPTIONS OF THE ORIGINAL AND
EXPANDED BOUNDARIES OF THE DOWNTOWN DEVELOPMENT
AUTHORITY AREA.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the LDRs, to provide revised
descriptions of the original and expanded boundaries of the
Downtown Development Authority Area, and to correct a reference
regarding the date the Act establishing the Downtown Development
Authority became effective.
The affected LDR sections are 8.2.1(A), The Downtown Development
Authority, Creation and 8.2.2(B) Downtown Area Description.
BACKGROUND
Section 8.2.2 of the LDRs provides the legal description of the
original Downtown Development Authority (DDA) area. An expansion
of the DDA boundaries was approved by a referendum election on
April 27, 1993. The expanded boundary was to correspond to the
Central Business District, however the legal description which
accompanied the House Bill enacting the expanded area omitted
certain areas. Subsequently, a revised House Bill adopting the
corrected legal description was approved and became effective on
May 13, 1994. It is appropriate to reference the new boundary
within the LDRs, as the application of certain development
requirements differentiates between the original DDA area and
the remainder of the Central Business District.
. r
City Commission Documentation
Amendment to LDR Sections 8.2.1{A) and 8.2.2{B) Downtown
Development Authority
Page 2
PROPOSED LDR TEXT AMENDMENT
The amendment proposes to replace the legal description of the
original DDA area and to depict the boundaries of both the
original and expanded DDA area on a location map exhibit
within Section 8.2.2{B). Also an abbreviated general description
of both the original and expanded boundaries will be provided
within the Appendix of the Land Development Regulations.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of April 17, 1995. There was no public comment on the
amendment. The Board voted unanimously to recommend approval of
the amendment.
RECOMMENDED ACTION:
By motion, approve on first reading the proposed amendment to
LDR Sections 8.2.1{A) and 8.2.2{B) correcting the effective date
of the Act establishing the DDA and providing revised
descriptions of the original and expanded boundaries of the DDA
area.
Attachments:
* P&Z Staff Report and Documentation of April 17, 1995
* Ordinance by Others
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: APRIL 17, 1995
AGENDA ITEM: V.K. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION B.2.1(A) AND SECTION B.2.2(B)
TO PROVIDE REVISED DESCRIPTIONS OF THE ORIGINAL
AND EXPANDED BOUNDARIES OF THE DOWNTOWN
DEVELOPMENT AUTHORITY AREA.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a LDR text
amendment to Section 8.2.1 (A), Creation of the Downtown
Development Authority and Section 8.2.2 (B), Downtown Area
Description, to provide revised descriptions of the
original and expanded boundaries of the Downtown
Development Authority Area.
Pursuant to Section 1.1.6, an amendment to the text of the
Land Development Regulations may not be made until a
recommendation is obtained from the Planning and Zoning
Board.
BACKGROUND:
By Resolution 9-71, the City Commission petitioned the State of
Florida for establishment of a Downtown Development Authority
(DDA) which became effective on May 22, 1971. Section 8.2 of
the Land Development Regulations, "The Downtown Development
Authority" provides a description of the Downtown Development
Authority Area. This description correlates to the boundaries
as originally established in 1971.
The state legislature adopted Chapter 91-385, Laws of Florida
(HB 1553), which was subsequently amended by Chapter 92-263,
Laws of Florida (HB 1631) permitting the expansion of the DDA
area upon fulfillment of certain conditions, one of which
required that a referendum election regarding such expansion be
held. The referendum election held on April 27, 1993, passed.
The new boundary was to correspond to the Central Business
District, however the ·legal description which accompanied the
House Bill omitted certain areas. Since the authority to expand
the DDA boundaries required action by the state legislature, a
new bill adopting the corrected legal description of the
Downtown Development Authority Area became effective on May 13,
1994.
V.K.
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Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Downtown Development Authority Area
Page 2
ANALYSIS
Since the boundaries of the Downtown Development Authority Area
have changed it is appropriate to reference the new boundary
within the LDRs under Section 8.2.2. Further the application of
certain development requirements differentiates between the
original DDA area and the remainder of the Central Business
District, thus descriptions of both areas need to be
incorporated within the LDRS. The legal descriptions of the
original and expanded areas are very lengthy and are impractical
for use as a reference by laypersons. Rather than provide a
written description of the expanded area, both the original
boundaries and the expanded boundaries of the Downtown
Development Authority Area will be depicted as a location map
exhibit within Section 8.2.2. Abbreviated legal descriptions of
the areas will be included within the appendix of the LDRs.
During the review of the House Bill which enacted the original
Downtown Development Authority Area, it was noted that the
Act to that effect became law on May 22, 1971- Section 8.2.1(A)
incorrectly cites the approval date of the House Bill (March 22,
1971) . As a technical matter and to be consistent with
references elsewhere within the code, the date of May 22, 1971
should be used.
RECOMMENDED ACTION:
By motion, recommend that the City Commission approve the
proposed amendments as follows:
* That LDR Section 8.2.1(A) be amended to state the
following:
(A) Creation: Due to conditions in the downtown area of
Delray Beach, the City Commission by Resolution 9-71,
petitioned the State of Florida for establishment of a
Downtown Development Authority. An Act to that effect
became law on MÁitK 221 1911 May 22, 1971-
* That LDR Section 8.2.2(B) be amended to state the
following:
ill The oriqinal boundary of the Downtown Development
Authority as established by Section 3, Chapter 71-604
Laws of Florida 1971, effective May 22, 1971, and the
expanded boundary of the Downtown Development
Authority as established by Chapter 94-476 Laws of
Florida 1994, effective May 13, 1994 are depicted in
.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Downtown Development Authority Area
Page 3
Section 8.2.2 (B)(l) Map of the Downtown Development
Authority Area, and are generally described within
Appendix B of the Land Development Regulations.
Attachments:
* Proposed Ordinance
* Location Map of the Downtown Development Authority Area.
Report prepared by: Jasmin Allen
Y: PZDDA
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PROPOSED ORDINANCE
Section 8.2.1 ( A) Creation: Due to conditions in the downtown
area of Delray Beach, the City Commission by Resolution 9-71,
petitioned the State of Florida for establishment of a Downtown
Development Authority. An Act to that effect became law on
Mát¢H 221 1971 May 22, 1971.
Section 8.2.2(B) Downtown Area Description:
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iritét1,éitiøri witH tHé Eá1,t ti~Htføffwát lirié øf tHé lrittá¢øástál
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1løtiø.ái
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ill The oriqinal boundary of the Downtown Development Authority
as established by Section 3, Chapter 71-604 Laws of Florida
1971 , effective May 22, 1971 , and the expanded boundary of
the Downtown Development Authority as established by
Chapter 94-476 Laws of Florida 1994, effective May 13,
1994, are depicted in Section 8.2.2(B)(1) Map of the
Downtown Development Authority Area, and are qenerally
described within Appendix B of the Land Development
Requlations.
ill Map of the Downtown Development Authority Area:
*** Map Exhibit ***
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I
ORDINANCE NO. 23-95
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
ì DELRAY BEACH, FLORIDA, AMENDING CHAPTER EIGHT,
·SPECIAL IMPLEMENTATION PROGRAMS" , SECTION 8.2.1,
·THE DOWNTOWN DEVELOPMENT AUTHORITY ( DDA) " ,
SUBSECTION 8.2.1(A), ·CREATION" , TO CORRECT A
SCRIVENER'S ERROR IN THE EFFECTIVE DATE OF THE ACT¡
AMENDING SECTION 8.2.2(B), "DOWNTOWN AREA
DESCRIPTION" , TO PROVIDE REVISED DESCRIPTIONS OF THE
ORIGINAL AND EXPANDED OF THE DOWNTOWN DEVELOPMENT
AUTHORITY AREA¡ ENACTING AN APPENDIX "B" TO THE LAND
DEVELOPMENT REGULATIONS TO PROVIDE GENERAL
I DESCRIPTIONS OF THE ORIGINAL AND EXPANDED AREAS OF
! THE DOWNTOWN DEVELOPMENT AUTHORITY¡ PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
I EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 17,
1995, and has forwarded the change with a recommendation of approval
by unanimous vote¡ and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
I 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.
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY"BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Eight, "Special Implementation
Programs" , Section 8.2.1, "The Downtown Development Authority" ,
Subsection 8.2.1(A), "Creation II, of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
! amended to read as follows:
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(A) Creation: Due to conditions in the
downtown area of Delray Beach, the City Commission by
Resolution 9-71, petitioned the State of Florida for
establishment of a Downtown Development Authority.
An Ac t to that effect became law on )!;tt¢þ{ l:1U 22,
1971.
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I Section 2. That Chapter Eight, ·Special Implementation
I Programs", Section 8.2.2, ·Provisions of the Act" , Subsection
I 8.2.2(B), uDowntown Area Description", of the Land Development
, Regulations of the City of Delray Beach, Florida, be, and the same is
¡
f hereby repealed in its entirety, and a new Subsection 8.2.2(B),
¡
¡ "Downtown Area Description", is hereby enacted to read as follows:
(B) Downtown Area Description: The original
i boundary of the Downtown Development Authority as
, established by Section 3, Chapter 71-604 Laws of
i Florida 1971, effective May 22, 1971, and the
i
expanded boundary of the Downtown Development
, Authority as established by Chapter 94-476 Laws of
I' Florida 1994, effective May 13, 1994, are depicted in
Section 8.2.2(B)(1), "Map of the Downtown Development
Ii Authori ty Area", and are generally described within
,; Appendix B of the Land Development Regulations.
( 1 ) Map of the Downtown Development
I: Authority Area:
(Map exhibit attached to be inserted)
Section 3. That the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended by
I enacting an Appendix "B'! , "Downtown Development Authority Area
, Descriptions", to read as follows:
,
I A P PEN D I X -BM
DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS
,
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¡, The descriptions contained in Appendix B have been
compiled and are to be used pursuant to Section
I 8.2.2(B).
I
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¡ GENERAL DESCRIPTION:
I (1) The original boundaries of the Downtown
I Development Authority as established by Section
,
3, Chapter 71-604, Laws of Florida 1971,
effective May 22, 1971, are generally described
as follows:
Commencing at a point where Northeast 1st Street
intersects with the Intracoastal Waterway, run
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west along Northeast 1st Street to Swinton
Avenue, then south along Swinton Avenue to the
intersection of Swinton Avenue with the
east-west alley south of Atlantic Avenue in
Block 69 (as in Plat Book 2, Page 43) and Block
I 77 (as in Plat Book 1, Page 3), then east along
Ii the alley to the intersection with the
Ii north-south alley in "Block 77, then south along
that alley to Southeast 1st Street, then east
along Southeast 1st Street to the intersection
" with the north-south alley in Block 117 (as in
I:
Ii Plat Book 1, Page 3) , east of Southeast 6th
Avenue, then north along the alley in Block 117
I' to the northwest corner of Lot 18, Block 117,
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I: then east along the south line of Lot 17 of
Ii Block 117 and the south line of Lots 10, 45, 57
" and 92 of Palm Square, an unrecorded plat
'I located in Block 125 and the North Half of Block
I:
Ii 133 as in Plat Book 1, Page 3) , to the
" Intracoastal Waterway, then north along the
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,I Intracoastal Waterway to the Point of Beginning.
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ì' (2 ) The expanded boundaries of the Downtown
I
I' Development Authority as established by Chapter
¡¡ 94-476, Laws of Florida 1994, effective May 13,
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11 1994, are generally described as follows:
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Ii Begin at a point on the intersection of the high
Ii water mark of the Atlantic Ocean and the
easterly projection of the north line of the
,I south half of Lot 13, as in Plat of the
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I' Fractional East Half Section 16, in Plat Book I,
I, Page 25, then westerly to the intersection of
I: Andrews Avenue; then southerly to the south
¡¡ property line of the Beach Cabanas Condominium;
I:
then westerly along said south property line to
II the west property line of the Beach Cabanas
Condominium; then northerly to the south
Ii property line of the Grove Condominium; then
westerly along said south line to the east plat
limit of Seabreeze Park Subdivision as in Plat
¡ Book 4, Page 31 ; then north to the north
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I property line of Lot 21, Seabreeze Park; then
west along said property line to the west plat !
limit of Seabreeze Park; then southerly to the
south property line of Lot 29, Lowry Park
Estates as in Plat Book 24, Page 156; then
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I northwesterly along the south line of Lot 29, to t
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, the intersection of East Road; then south along
East Road to the northeast corner of Barr I
i Terrace Condo; then southerly along the east I
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property line of Barr Terrace Condo to the I
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intersection of East Atlantic Avenue; then west I
along East Atlantic Avenue to the intersection ¡
of the Intracoastal Waterway; then north along ¡
the Intracoastal Waterway to the intersection of i
N.E. 1st Street; then west along N.E. 1st Street :
to the north-south alley within Block 115; then i
¡
¡. north along the north-south alley within Blocks I
115, 114 and 113 to the intersection of N.E. 4th
Street; then west along N.E. 4th Street to the ,
intersection of N.E. 1st Avenue; then run south !
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along N.E. 1st Avenue to a point where N.E. 1st I
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Avenue intersects N.E. 3rd Street; then run east I
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to the north-south alley wi thin Block 74; then I
run south along the alley wi thin Blocks 74 and I
75 to the south property line of Lot 6, Block
75; then run west along said south property line
to N.E. 1st Avenue; then run south along N.E. I
1st Avenue to a point where N.E. 1st Avenue
intersects N.E. 1st Street; then run west along
N.E. 1st Street to a point where N.E. 1st Street I
intersects Swinton Avenue; then run south along I
Swinton Avenue to the east-west alley lying
within Block 69; then run east along the alley I
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to the intersection with S.E. 1st Avenue; then i
run south along S.E. 1st Avenue to the I
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intersection of S.E. 2nd Street; then run east I
along S.E. 2nd Street to the north-south alley !
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within Block 103; then run south along the alley I
to S.E. 3rd Street; then run east along S.E. 3rd I
I
Street to the north-south alley within Block I
119; then run north along the alley within I
Blocks 119, 118 and 117 to the south property
line of Lot 18, Block 117; then continue east I
along the south property line of Lots 12, 43, 59 j
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I and 90 as in the unrecorded Plat of Palm Square; i
then continue east to the east line of the I
I Intracoastal Waterway; then south to the south
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.. line of the Waterway East Commercial Condo; then
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, continue easterly to a point at the southeast
¡
corner of Lot A, John B. Reid's Village i
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Subdivision, Plat Book 21, Page 95; then !
northerly along the west line of Lot 7, Block C,
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¡ John B. Reid's Village Subdivision to the
northwest corner of said Lot 7; then easterly
along the north line of Lot 7 to the northeast
corner of said Lot 7; then southerly along the
east line of said Lot 7 to the southeast corner
of Lot 7; then easterly to the southeast corner
I of Lot 8, Block 4, Ocean Park Subdivision as in
: Plat Book 5, Page 15; then northerly along the
I
east line of Lots 8, 7 and 6 to the northeast
corner of Lot 6, all in Block 4, Ocean Park
Subdivision; then easterly to a point being the
southeast corner of Lot 8, Block 3, Ocean Park
: Subdivision; then northerly along the east line
of Lots 8 and 7 to the northwest corner of Lot
24, Block 3 of said Ocean Park Subdivision; then
easterly along the north line of said Lot 24, to
the northwest corner of Lot 7, Block 2, Ocean
Park Subdivision; then easterly along the north
1 line of said Lot 7 to the northwest corner of
; Lot 16, Block 1 of Ocean Park Subdivision; then
easterly to a point at the northeast corner of
Lot 2, Block 1, Ocean Park Subdivision; then
easterly to the mean high water line of the
Atlantic Ocean; then northerly along said high
water line to the point of beginning.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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 I 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 6. That this ordinance shall become effective j
immediately upon passage on second and final reading. I
¡:
Ii PASSED AND ADOPTED in regular session on second and final I
! reading on this the day of , 1995. I
I MAYOR
I: ATTEST:
,!
!! Ci ty Clerk
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Ii First Reading
I ~
[ Second Reading
I - 5 - Ord. No. 23- 95
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N DOWNTOWN DEVELOPMENT AUTHORITY AREA
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EXPANDED D.D..A. AREA V / / /J
PLANNING DEPARTMENT
cm Of' DELRAY BEACH, FL ORIGiNAl D.D..A. AREA [:::·:::::':::::::::::::1 ------------------
-- DIGITAL BASE MAP SYSTEM --
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tflt1
SUBJECT: AGENDA ITEM i/~'~' - MEETING OF MAY 2. 1995
FIRST READING FOR ORDINANCE NO. 25-95/PRORATION OF
INITIAL AND FINAL BILLING FOR WATER AND SEWER SERVICE
DATE: APRIL 28, 1995
This is first reading for Ordinance No. 20-95 which amends
Chapter 52, "Water" 1 Section 52.50, "Rendering of Bills¡ When
Payment Due", and Chapter 53, "Sanitary Sewers", Section 53.130,
"User Charges ¡ Wholesale Sewer Rates¡ Calculation of Sewer
Surcharge", to provide that initial and final billing will be
prorated based on service dates.
Per our present ordinances 1 if a customer sets up an account and
that particular route is billed from one to 15 days following the
date the account is established, the customer is billed for
one-half (1/2) month of the fixed charges for water and sewer.
Likewise, if a customer terminates and is in a new month/s cycle
from 1 to 15 days 1 the customer is billed for one-half month of
the fixed charges,
The HTE software used by Finance/Utility Billing allows for an
exact proration of fixed charges based upon the actual service
start and end date. Staff feels this method is more equitable
for our customers and recommends approval of an ordinance to
enact this change.
Recommend approval of Ordinance No. 25-95 on first reading. If
passed, a public hearing will be held on May 16, 1995.
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ref:agmemol0
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ORDINANCE NO. 25-95
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER" ,
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 52.50, "RENDERING OF
I BILLS; WHEN PAYMENT DUE" , BY AMENDING SUBSECTION
52.50(B), TO PROVIDE THAT INITIAL AND FINAL BILLING
I WILL BE PRORATED BASED ON SERVICE DATES; AMENDING
CHAPTER 53, "SANITARY SEWERS", SECTION 53.130, 'IUSER
¡ CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER
i
, SURCHARGE" , BY AMENDING SUBSECTION 53.130(H), TO
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PROVIDE THAT INITIAL AND FINAL BILLING WILL BE
1 PRORATED BASED ON SERVICE DATES; PROVIDING A SAVING
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I CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
I DATE.
i WHEREAS, to provide for accurate accounting of services
i rendered, the City Commission desires to more accurately reflect the
i payment for services provided for the rendition of water and sewer
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! services on a prorated basis.
Ii NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
[I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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!: Section 1. That Chapter 52, "Water" , Section 52.50,
" "'Rendering of Bills; When Payment Due"', is hereby amended by amending
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I' Subsection 52.50(B) to read as follows:
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I! (B) A billing cycle shall consist of
I' approximately thirty (30) days and is determined to
II
be from one meter reading to the next. " /øøtýf.¢ø
I'
i ~ ~øttø~ /Ø' /1 /tø /1' /~_y_ /_*_¡¡ /~¢ /¢Ø~_t~¢t¢~ I__
Ii
i Ø~ør*.¡'/l1/71/~Ø~t*/'øt/~t¡¡t~S/'~t,øøØø/_~~/¢*_t~¢ø
¡: ~t¡¡ I~Ø I_~~~øtø~ 1_¢¢Øt~f.~S¡Y/ Initial and final
billing shall be prorated based on service dates.
Ii Section 2. That Chapter 53, ·Sanitary Sewers" , Section
II
Ii 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer
'I Surcharge", is hereby amended by amending Subsection 53.130(H) to read
as follows:
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(H) All statements for sewer service shall be I
submitted monthly on the same statement as the
, charges for water service and shall be due and I
payable at the same time as the statement for water
Ii service. However, the charge for sewer service shall
be made a separate item on the statement. Initial
I, and final billing shall be prorated based on service
I' dates. Nonpayment of these charges shall render the
¡: user subject to the provisions of Section 52.51
i ~ provided for nonpayment of water bills
it as now or
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I hereafter established by the ordinances of this City.
!' The owner of the property being serviced by City
sewer shall be responsible for all charges against
that property for sewer use, unless otherwise
, prohibited by law. Charges for delinquent accounts
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I shall include collection costs and reasonable
, attorney fees.
t
I! Section 3. That should any section or provision of this
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ordinance or any portion thereof, any paragraph, sentence, or word be I
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'i declared by a court of competent jurisdiction to be invalid, such
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I' decision shall not affect the validity of the remainder hereof as a
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I whole or part thereof other than the part declared to be invalid.
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Section 4 . That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
I: Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading. I
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PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
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MAYOR I
ATTEST: I
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, City Clerk
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i First Reading
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Second Reading
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! - 2 - Ord. No. 25-95
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COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF MAY 2, 1995
11. B. Comments and Inquiries on Non-Aqenda Items from the
Public - Immediately followinq Public Hearinqs.
11. B. From the Public.
11.B.1. Eli Behar, 4309 Live Oak Boulevard, expressed concern
over the City's occupational license fee. He provided Commission
with a comparison of occupational license fees in nearby Cities
which shows the City of Boca occupational license tax to be one
set fee of $100. He also feels the City of Delray Beach should
have one set fee for landlord permits instead of charging for
each unit.
Mayor Lynch supports the landlord permit ordinance
because the City of Delray Beach has more tenants as compared to
other municipalities. Therefore, he stated if the City is going
to have this type of occupancy instead of owner-occupied, then
the City needs to protect the rental tenant from substandard
living conditions.
Lula Butler, Director of Community Improvement, stated
the City has found the per unit cost to be effective; it does not
matter how many units a person may own. She stated to her
knowledge Mr. Behar does not own an entire building; he owns
individual condominiums within existing apartment complexes.
Therefore, Ms. Butler stated that in the past the City always had
to charge Mr. Behar by the unit.
The City Attorney stated according to the landlord
permit ordinance, different owners within one building can name
an agent and apply for one permit. Mayor Lynch stated if Mr.
Behar would like to do this, then the City is willing to work
with him. Mayor Lynch recommended Mr. Behar contact Ms. Butler,
Director of Community Improvement, for further discussion.
11.B.2. Helen Coopersmith, 1222 South Drive Way, questioned the
enforcement of the landlord permit ordinance on subdivisions.
The City Manager stated the City has looked at those
properties that do not have homestead exemption and if the
properties do not have homestead exemption, then there is a good
chance they are rental property. He further stated unless it
could be demonstrated otherwise, the City would then inform the
landlords that they would need a permit.
.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer
In response to Commissioner Smith's prior inquiry
regarding hurricane shutters for City Hall, the City Manager
stated the City has two rough estimates for two different options
on shuttering the remainder of City Hall. One option would be to
put accordion type shutters on the remainder of the building; the
estimated cost is $97,680. The other option would be to
overglaze with lexan. Lexan overglazing is a no maintenance and
a no manpower solution which offers a level of protection
superior to shutters although the first cost expense is 35%
higher; the estimated cost is $120,000. The third option would
be to do a combination with shutters on the bottom floor, lexan
on the upper floor; the estimated cost is $110,000. The City
Manager stated the City expects to receive the remaining report
on hurricane hardening measures within the next couple weeks as
to what should be done to either protect or relocate the computer
center. Once this is done, the City would be in a position to
recommend what further measures should be taken here in City Hall
to protect it.
Mayor Lynch stated the insurance industry standards
show that because of the wind-driven sand at the time of a
hurricane, the lexan will be damaged beyond use resulting in the
lexan having to be replaced. Mayor Lynch asked the City Manager
if staff has ever looked into an outdoor security vault to store
records? In response, the City Manager stated the City does store
computer tapes and records off-site; however, he is unsure of the
exact location.
In response to Mayor Lynch's prior inquiry regarding
front yard fences, the City Manager stated staff is drafting a
text amendment to the City code to address this issue which
should go before the Planning and Zoning Board in June.
In response to Mr. Randolph's prior suggestion
regarding recognizing those board members with perfect
attendance, the City Manager suggested there are a few things
that can be done. One suggestion is to present a plaque at the
Commission meetings, or have a luncheon with the Commission
and/or the Mayor. He further stated staff would like further
direction exploring this idea. He stated fifteen committee
members had perfect attendance in 1994; however, some of these
persons were members of boards or committees which may have met
quarterly or infrequently. The City Manager inquired as to
whether there should be some allowance for those persons on
boards or committees with a heavier time commitment.
Mr. Ellingsworth inquired about how much was involved
in the cost of the dinner held in the past? In response, Mayor
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Lynch stated the dinner cost the City several thousands of
dollars. The City Manager stated the City holds recognition
luncheons for volunteers which cost less than $1,000. The
consensus of the Commission was to pursue the recognition
luncheon for all board members.
13.B. City Attorney
The City Attorney stated the City is currently in
Federal Court in a case (Rodney Thomas vs. the City) and is
having very good preliminary results, with a directive verdict on
behalf of the City and most of the officers names in the
particular suit.
13.C. City Commission
13.C.1. Dr. Alperin
Dr. Alperin stated that he has been selected by the
Municipal League as one of their representatives to the Education
Concurrency Task Force.
Secondly, Dr. Alperin stated the Palm Beach County
School Board will have a final meeting regarding their capital
projects for next year on May 3, 1995, at 6:00 p.m. at the Palm
Beach County School Board Administration Building, and he will
make every effort to attend.
Thirdly, he stated he would like to know what the
status is regarding the Lakeview zoning. The City Manager stated
he will meet with Dr. Alperin to discuss this matter.
13.C.2. Commissioner Smith
Commissioner Smith feels strongly about the hurricane
shutters for City Hall and would like to see the City purchase
the shutters by this summer.
13.C.3. Mayor Lvnch
Mayor Lynch stated John Adams, 9350 South Dixie
Highway, Miami, recommended that the City look into setting up a
foundation 501-C Corporation. Mayor Lynch asked the City
Attorney to contact Doug Randolph, Training and Development
Manager, to discuss this matter further.
Secondly, Mayor Lynch stated he is receiving many
letters from residents regarding 1st Court and asked the City
Manager if the City has made any determination as to what will be
done on these dead end waterfront properties? In response, the
City Manager stated in the City of Delray Beach Comprehensive
Plan Policy it states the City needs to increase access to the
Intracoastal. Staff in responding to residents has indicated
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this. The City has given an application to one resident in this
area for seawall abandonment; however, the application was never
returned to the City. The City Manager further stated owners of
these waterfront properties can contact Diane Dominguez, Planning
Director, for further assistance.
13.C.4. Commissioner Randolph
Commissioner Randolph stated he is extremely happy to
see that the new Sheriff of Palm Beach County is adjusting his
approach to street level drugs by going against the carriers.
Commissioner Randolph supports researching the present
location of the Lifeguard station; however, if found to be
feasible, the City may consider turning the station into a
two-story building.
13.C.5. Commissioner Ellinqsworth
Commissioner Ellingsworth inquired about how the City
will proceed with the Lifeguard Station. In response, the City
Manager stated staff and the architect will review possible site
locations. Anchor Park and Holiday Inn are being recommended as
possible sites for the Lifeguard Station.
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2 ~1Ø' AN ORDINANCE OF THE CITY OF SOc.' RATON
3
4 ~ RELATING TO OCCUPATIONÞ.L LICENSES';,,..'
5 MlEND'ING SECTION 13-29, EXHIBIT A, CODE
6 OF ORDIN.i\NCES, TO REVISE CLASSIFICATIONS
7 WITH RESPECT TO THE OCCUPATIONAL LICENSE
8 SCHEDULE; PROVIDING FOR CODIFICATION¡
9 PROVIDING AN EFFECTIVE DATE
10
11 m'ìEREAS, the City of Boca Raton deems it necessary and
12 appropriate to revise the occupational 1ice~se classifications
13 to delete certai~ obsolete references and make other revisions
14 to the classi¡ications¡ anè
15 w'1IE REAS , these revisions will not inc!:'ease any of the
16 occupational license fees adopted by the City of Boca Raton
17 in Ordinance 2830 on September:- 9, 1980; ana
18 í'l'1J:E REAS , the revised occupational license classifica-
19 tions are attached as an exhibit to this ord.inance; now
20 therefore
21
22 ; T:îE CITY OF BOCA N1TON HERE3Y ORDAINS:
;
23
24 Section l. Section 1]-29, ExhiiJit A, Cede of Ordinances,
25 is hereby ame!1è.ed to reflect the revised occupational license
26 classifications as set forth in the exhibit to this ordinance.
27 Section 2. Codification of this ordinance in the City
28 Code of Ordinances lS hereby and directed t at ¡Ie extent that
29 Section 13-29, Code of Ordinances, sha 11 be amended to reflect
30 the adoption of this ordinance and a ne'.I E:dÜbi t A.
31 Section 3. This ordinance shall take effect immediately
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1 upon adoption.
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/ 2 PASSED fu~D ADOPTED by the City Council of the City of
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3 Boca Raton this ??( day of ~:/J~~10~~ , 1981.
4
5 CITY OF BOCA P~TON, FLORIDA
6 I '
ATTEST: .J '?!lrJdJ;¡w (j,.~J
7
81 ß ,r¿? d- William A. K raà, Mayor
d.A'J1¿¿:U.J I (~ / v(.ú2--;;;",-:L----
9 I La u is e C. O,.¡ens, City Clerk
..
10
II App~oved as to form:
12 t~Sß0~
13
Fr-anK S. Bartolone
14 Assistant City Attorne
15
CiA
1 r
_b
17
13
19
20
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22
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" I!!.::ALTH CLUB............······························ $ 70.00
!il::ALTH SALON.............···························· 70.00
(See Surety Bond requirement - $25,000 bond
per State Statute)
HBME PRB~Ee~iVE A6EHeY~
fot Firgt operator77~~~7'~77'7777777777~77'" 56766
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fbt Eo~h additional operator'77"777777777'~7 ;:6.86
fc} All operatorg mugt wear uniform3 of a
di3tinctive n~ure to di3tingui~h them
from the eity poli~emen7
A bond or liability in3uran~e in amount
of $56,688-$180,666 mugt be furnighed7
All operatorg ghall be cleared by the Police
Bepartmer.t7
~he Police Bepartment ~hall be ftlrni~hed the
nome of all client3 of the patrol 3ervice3.
I!OSPI1'AL (ANIMAL) - not required if licensed veterinarian
uses same in connection with services.
Each. . . . . . . . . . . ...... .... ... ., ... .. ............ . '" . . 70.00 .
HOSPITALS, PRIVATE OR INSTITUTIONS of like character,
opürated for profi t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00
Included any clinic or other establishment
having facilities to keep patients overnight
or for longer periods, except nursing homes.
HOTELS, BOARbING.~¡ijëw'~·i ÞfAR~~:¥1~~"
. ........ irr'1!;( " ~
( a) ,: c~n~4. fi~néf\3 to' 5 'bêd::äOtñå~itn~¡¡!~.~~:;t~', . . . ,f'" ,',,:', '~"
( lJ ) Over 5 bedL-ooms g ~bedroom plus ~: OV(f ~Jc.. t~ ¡,:{c{
above base price. ~.~~
(c) º~s not include dining rooms or other
eating facilities operated in connection
with any establishment above for which
a separate Restaurant License shall be
required.
(d) Owner or manager's bedrooms are exempt.
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Clas.:5Ìfication Fee
GASOLINE AND OIL DISTRIBUTORS
Wholesale, storage facilities in the city $ 180.00
GOLF COURSES
Each 200.00
GOLF DRIVING RANGE
Each 70.00
GOLF, MINIATURE
Each 70.00
GUARANTY OR SURETY TITLE COMPANIES 120.00
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GUARD, PATROL SERVICE (See DETECTIVE AGENCY)
GUN S , sales or repair (See MERCHANTS)
GYPSIES
Each band or troop, per week, police o.k. 450.00
HANDBILLS (See Chapter 111 of this code)
HARNESS AND SADDLERY (See MERCHANTS)
HOSPITALS, SANITARIUM 100.00
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HYPNOTISTS
(Shall be required to m~et requirements
set forth in F.S. Chapter 456) 100.00
ICE CREAM MANUFACTURERS 100.00
ICE CREAM PARLORS 50.00
ICE CREAM AND SODA FOUNTAINS 50.00
ICE CREAM AND SOFT DRINKS 50.00
ICE CREAM WAGON OR TRUCK
Each 100.00
ICE MANUFACTURING OR STORAGE 200.00
INSECTICIDE
Manufacturers or dealers 100.00
XI.25
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1 UHlJINANCE NO. 4194
2
3 AN OHDINANCE OF 'l'HE CI'l'Y OF BOCA HATON,
4 F'LOHIDA, AMENDING AH'l'ICLE II OF CIlAP'l'ER 8,
5 LICENSES AND BUSINESS HEGUL!I'J' 1CJN~J, CODE OF
6 OnDINAtICES; PHOVIDING A IJ[~FINITION OF
7 CEH'l'lflCATE OF USE; PHOVIDING FOH ADDl'l'IONAL
8 Dl~L1NQUENCY l' ENAL'l'l ES; HEV 1 S J Ii<; '1'111'; THANSFEH
9 FEES; PHOVIDING 1"On THE HU; U;'l'HA'l'lUN OF
10 COHI'UHA'l'E I DEN'l'l'l'Y ¡ PHOV IDING FUH A DUPLICA'l'E
11 LICI';N~jE FEE¡ HEVISING TilE OCClJPAT lUNAr. LICENSE
12 TAX FEES¡ PROVIDING S'l'ANDAHDS AND FEES FOH
13 ENFOHCEt1ENT OF CEHTIFICATE OF USE; AMENDING
14 CER'rAIN O'l'HER PROVISIONS FOH UNIFOHMI'l'Y WITH
15 F.S. CHAPTEH 205; PHOVIDING FUH CODIFICA'l'ION¡
16 PHOVIDING AN EFFECTIVE DATE
17
18 WHEREAS, Scnate Bill ]64, passed by the 1993 Legislature,
19 amends sections of 1". S. Chapter 205 and authorizes review and
20 revision of the City of [Joca Haton's oCcl1pational license
21 classifications and ratc structure 1lY an EquIty Study
22 Commission, and other relative 1 Jccns LIHJ rl'CjlJ I rel1wn ts ¡ and
23 WIlE1ŒAS, nesolution No, 10-94 adopted on ..J'anuary II,
was
24 .--
1994, which established an Equity Study CommLssion¡ and
25
WIlEHI~AS , the Equity Study COll1l11i 5,;Jon L'eviewed the
26
occupationai lIcense classIficatl.ons and rilte struclul-e and has
27
made a recommelldation to the City COUllc.i 1; d[Hi
28
WIlEHEA:J, the City Cou!lcl.l of tht; Ci ty u1 Boca Haton deems
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it necessary ëJnd appropriate to rcvJse LIlt; uccllpatlona] license
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tax c 1 as s 1 f J cat i 0 Ilé; alld rale Stl:llct\lJ:l~ , d 11<1 n~Iilt.!ve bU:31ness
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regulations; !lOW therefore
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33
34
35
P\..IH 1;t0 1.
. ._1_____
.
1 the period f eJl which j t was issued hd~; e,x[>iled; or when it has
2 been sustJended or L'evoked; or for ill\Y OLl\!~L ¡.-cason has become
3 ineffective. 'l'he licensee shall prollltJU'{ n~tlJrn such inoperative
4 certificate of use¡ license¡ special peJôlli L or insignia to the
5 director of deveJ~plllent2_(':rvic~ 4'±nanGe "
6 lQl(-f-}· Not loan, sell, give or dóisiljn Lo any other person
7 or allo\-l any other person to use or dj:c:p lay or to destroy¡
8 damage or I'emove, or to have in his pussession, except as
9 authorized by the director of devf.;lQIJi~.'I,=_~,=,~""jce~ .finaflGB or by
10 law any cel:J:.!J:lcate_ of ~ license or insignia which has been
11 issued to the licensee.
12 SectJon 16. Section 8-46, Code of Ordinônces¡ is amended
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13 to reôcl:
14 Sec. 8-46. License tax fee.
15 Except as
16 11ce'nse tax
17
;",~",,:..J¡¡;,o .....:¡.
18 ~hbe' a' fee·~.tI'l"tiJjd,~i'~~~~"~~O ~ t
-1,';" ':';'~' ,_,'..,'., ',' . ' , "" '..' "J~ "f.'":,.:;..',, ~_" ,,·tJ· t:", 1'i",. "', i :,'1 _'.
19 After October 1, 1995, any ex is UII<:L!lcenses with rates
20 below $100 shall be increased in accordance with
- ._-~ _.__.._--~~
21 £._:.5. 20~053~L'UL_eachu::.:2aL- _~\Oc~~sary. tu r¿¡Ao!(.: _!:IJ~__l.5!~_.!:-o the
22 ~ rate, ~j u [) j ec ~~ll._.ll cell s e.1~~,-~ _E~~~!.1.:!c'~'.l.-1lQQL the tùx
23 ¿¡lIIount wl11 be rev ievled for the next ¿lll()\oJd[)le j IIcrease,
-~.~--- -~------------
24 .-
SeG·.-8-'16.-EnLoI?Gûmen1;-.-
25 +l-ì~he -1100 n 6-1 J\ 9-aut,heEJ.-tyanà-6 u~ h -0 hi HH'---I'e-rseFlf!e-1--e-f..--t.he
26 ecLly-a 6--6 ha-l-l-Þe-de6lg na teG--by--the--~ 1 t 'I-llId Ildg eol'---6 hal-l-Genduo-t-
27 6uGh--lnye6l1(jd l~ioIl6--dlldln6peG lion6-a6 t; lid 11 ¡¡e- nel;e66al'y·-t.o--the
20
ell fûlOBeme II l- () [--lh i 6 - a J:-l. 113 le,·
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+;J)-flll pe1'80116-dlJlhoFL_H.!d-hendn- to 1118 peG l..--lJGen8eee---antl
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!Jus-lnes be-S--6 lid Ii-lid Ye--lhe-a u lheL'-l ty- to --Hilt e F,--wit h-BE--wl-1dwu-t-
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Wdcl'LOdn L I-a lo-·d ll--Jo'edbonaule----L iIl1Ðfj-r-- lhe- i uJ. J. OH11I'1'-pl'eIUiGes+
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33
34
35
pun, ;&0 13
.