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Agenda Special 11-13-01
CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA WORKSHOP - TUESDAY, NOVEMBER 13, 2001 6:00 P.M. FIRST FLOOR CONFERENCE ROOM C~ELRAY BEAC~~~ 1993 2001 The City will furnish appropriate auxil{ary 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 activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 0~DD), 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. Special Agenda Pursuant to Section 3.07 of the Charter of the City of Dekay Beach, Mayor David W. Schmidt has instructed me to announce a Special Meeting of the City Commission to be held for the following purpose: (~HRIS EVERT PRO CELEBRITY TENNIS CLASSIC: Consider approval of the proposed agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the 2001 Chris Evert Pro Celebrity Tennis Classic to be held on December 1st and 2nd, 2001. Barbara Garito City Clerk Workshot> Agenda 1. Delray Beach Public Library - Relocation and Strategic Plan 2. Parks & Recreation Master Plan 3. LDR Amendment - (Extensions regarding litigation which prevents construction). 4. Booting Ordinance 5. Parking Meter Installation Atlantic Avenue - East of the Intracoastal Waterway 6. Review Insurance Coverage 7. Commission Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: DATE: David T. Harden, City Manager bert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting November 13, 2001 Approval Agreement - Chris Evert Pro-Celebrity Tennis Classic November 8, 2001 Action City Commission is requested to approve an agreement between the City and Chris Evert Charities, Inc. for the Chris Evert Pro Celebrity Tennis Classic to be held on December Ist and 2ha, 2001. Bacl~round Attached is the proposed agreement for this event, which only contains slight modifications from the agreement, approved by City Commission for the 2000 Classic. Some highlights of the agreement are as follows: · Grants license for two day tennis classic to be held in the Tennis Center on December 1 ~t and 2ha, 2001. · Provides that the City will provide a $25,000 contribution to Chris Evert Charities, Inc. $20,000 of which will be donated to the Drug Abuse Foundation. · The City is required to provide for traffic control and security including private security, EMS services, barricading and signage, parking, use of office space in the Community Center, ticket booth and Tennis Center clubhouse, and other services. · In return, the City will be featured in promotional materials, the event will be covered by television, and the City will be given a certain number of tickets for the event. Estimated overtime for this event are approximately $13,100. Last year's overtime costs were $12,075. Recommendation Staff recommends approval of the proposed agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the 2001 Chris Evert Pro Celebrity Tennis Classic to be held on December 1st and 2nd, 2001. RAB/tas File:u:sweeney/events Doc Agenda Chris Event 2001 AGREEMENT THIS AGREEMENT, made and entered into this 2001 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "CITY"), and CHRIS EVERT CHARITIES, INC., (hereinafter referred to as "CHARITIES" ). WITNESSETH: WHEREAS, the CITY owns and controls certain property upon which is located the City of Delray Beach Municipal Tennis Center; and, WHEREAS, CHARITIES, is desirous of using the Municipal Tennis Center for the purpose of holding a sporting event to be known as the Chris Evert Pro-Celebrity Tennis Classic (" Classic") at the Tennis Center; and, WHEREAS, the CITY believes that holding the Chris Evert Pro-Celebrity Tennis Classic at the Municipal Tennis Center (the Site) will grant the citizenry of Delray Beach many tangible and intangible benefits; and, WHEREAS, CHARITIES understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has exclusive pouring rights at the Tennis Center and CHARITIES shall not enter into any agreements that would be counter to Coca-Cola's pouring rights in the City unless otherwise agreed to by CITY, Coca-Cola Enterprises, Inc. and CHARITIES. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSE; TERM. The CITY hereby grants to CHARITIES for December 1 & 2, 2001, the right and privilege to stage, use, manage and operate the municipal tennis stadium and necessary surrounding property for a two Day Classic. CHAR/TIES' rights shall cover an additional five (5) day period before the commencement of the Classic to set up necessary facilities and an additional day after the Classic to remove necessary facilities. e LICENSE AGREEMENT ONLY. This agreement between the CITY and CHARITIES is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthermore, this License Agreement does not grant nor is CHARITIES receiving hereunder any rights to any real property of the CITY nor any property interests except as set forth in this agreement. 3. FACILITIES AND SERVICES PROVIDED BY CITY. (a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at no charge to CHARITIES the following facilities and production assistance in connection with the conduct of and staging of the Classic: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) use of a 4,000 seat stadium clay court and three (3) practice courts throughout the Classic (the "Courts"); use of a mutually agreed upon number of courtside boxes and slcyboxes; preparation and maintenance of the Courts throughout the Classic; television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Classic; a public address system; nets, net posts, single sticks, an umpire's chair, linepersons chairs, skirted tables, end and side line buntings, and numbered seating; parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers (CHARITIES to implement, manage and staff parking, including reserved areas); all electrical power and one on-site electrician (all costs and expenses are CITY'S responsibility) for the duration of the Classic (hook-ups not included); adequate space for and operation of concessions, retail booths, etc. (CHARITIES shall place and operate the concessions and retain all revenues from its concessions and retail booths); (x) restroom.facilities andsupplies; (xi) additional courts for pro-am, clinics, etc., as mutually agreed; (xii) the use of areas for celebrities, press, press interview, tournament staff, volunteers, ballkids, officials, ticket office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas should include tables, chairs, furniture and air conditioning, as mutually agreed; (xiii) on and off-site directional signage; (xiv) all necessary permits; (xv) on-site security including security for the celebrities, ticket off~ce, and press area; (xvi) adequate police, fire support and traffic control; (xvii) teaching professionals to assist with tennis pro-ams held in connection with the Classic; (xviii) mutually agreed upon marketing and sponsorship support of the Classic; and (xix) access to utilities to include but not be limited to water/sewer, electric/lighting; (xx) reasonable use of the gymnasium at the Community Center, including floor cover as provided by the Community Center; and (b) During the term of this Agreement (defined below) CITY agrees to make a contribution to CHARITIES in the following amounts with respect to each Classic: (i) Year Contribution Amount Due Due Date 2001 US$25,000 $12,500 Upon the Execution and Delivery of this Agreement $12,500 December 5, 2001 (ii) CHARITIES will contribute (US$20,000.00) to the Drug Abuse Foundation of Palm Beach County, Inc. (iii) If CHARITIES fails to hold the Classic, CHARITIES will refund to the CITY its contributions. STAGING AND PRODUCTION OF CLASSIC. The organization, staging, and conduct of each Classic Will be the responsibility of CHARITIES, which responsibilities shall include the following: (a) handling ticket and box office sales that do not utilize Ticketmaster; (b) Obtaining a Classic Director, all personnel involved in each Classic, and the Classic participants; (c) Administering the entire Classic; (d) Setting up each Classic on-site and handling all on-court activities of the Classic; (e) Soliciting sponsorship sales and television rights sales for each Classic; (f) Handling promotions, advertising, sales, public relations, and program production for each Classic; (g) Liaising with the charity beneficiaries selected by CHARITIES for each Classic; (h) CHARITIES shall be responsible for site clean-up of restrooms and for garbage pick-up; (i) CHARITIES is responsible for covering courts as set forth in Paragraph 7 if VIP tents are to be set up or if needed to cover courts used for contents; and (j) CHARITIES shall pay for all dumpsters needed for the event; and (k) CHARITIES shall pay for all expenses relating to phone CHARITIES, including, but not limited to, hook-up, dial tone, charges. ACKNOWLEDGMENT BENEFITS. usage by and usage In acknowledgment of the services provided by the CITY in Paragraph 3 hereof, CHARITIES agrees that CITY will have the following acknowledgment rights in relation to the Classic, subject to the provisions of this Agreement: (a) (b) Recognition of Tennis Center as the Host Site of the Classic; Inclusion of CITY'S name and/or logo in all print, radio, and television advertising created by CHARITIES to promote the Classic; 4 (c) Inclusion of CITY'S name on the front cover of all promotional inaterials created and distributed by CHARITIES; (d) Inclusion of CITY'S name in all press materials; (e) One (1) full-page promotional acknowledgment in the Official Classic Program (CITY to provide camera-ready copy in advance of publication deadlines) and listing on the program cover; (f) Audio and graphic mentions during the telecast and best efforts to create overview shots of Delray Beach in the opening of the broadcast; (g) Eight (8) box seats and ten (10) tickets per session; (h) Thirty-Two (32) invitations to the Chris Even cocktail reception; (i) Four (4) seats at the Chris Evert Black-Tie Gala; 0) Two (2) center court banners (to be provided by CITY at its sole expense and subject to the prior approval of CHARITIES); (k) Use of booth space on-site for promotional purposes (with all material subject to the prior approval of CHARITIES); (1) Special ticket offer for members of the Tennis Center to attend the Classic; (m) Participation of CITY in press conferences for the Classic; and (n) Participation in center court awards ceremony. 6. CLASSIC EXPENSES AND REVENUES. (a) Subject to Paragraph 43 hereof, CHARITIES shall be responsible for collecting all revenues generated by, and paying all expenses incurred for, the Classic, except for those expenses associated with CITY'S obligations set forth herein. (b) CITY acknowledges that CHARITIES will not pay CITY for any expense incurred by CITY in conjunction with the Classic unless CITY has submitted a written estimate of such expense to CHARITIES and obtained written approval from CHARITIES of such expense in advance. 7. INSTALLATION OF FLOORING. The CITY shall provide, at CHARITIES' option, up to 10,000 square feet of- temporary flooring for the Classic. CHARITIES shall be responsible for paying all costs up to and not to exceed three thousand five hundred dollars (US$3,500) for installation of the initial 10,000 square feet of flooring. The CITY shall be responsible for the actual installation of the floor. If more than 10,000 square feet of flooring is required by CHARITIES, then CHARITIES shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring. 8. OFFICE SPACE. The CITY shall provide to CHARITIES office space in the community center and reasonable use of the board room and ticket window section of the ticket office at a date beginning upon the Monday preceding the Event and ending one day after the completion of the event. The exact space to be use by CHARITIES shall be determined as mutually agreed upon by the parties. In the event the parties cannot mutually agree upon a space, the CITY shall have the sole discretion to determine the space to be used by CHARITIES. Upon vacating the office space, CHARITIES shall leave the space utilized in a condition equal to that which existed on the date CHARITIES occupied the space, ordinary wear and use thereof only excepted. 9. FORCE MAJEURE. If CHARITIES or the CITY is prevented from or interfered with in any manner whatsoever in fully performing its agreements (including its ability to conduct the Classic(s)) hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the foregoing all being examples of an "event of force majeure"), then CHARITIES' and the CITY'S obligations hereunder will be suspended as often as any such event of force majeure occurs and during such occurrences, CHARITIES' and CITY'S nonperformance will not be deemed a breach of this Agreement 6 10; AUTHORIZED AGENT. CHARITIES hereby designates International Merchandising Corporation, 525 Plymouth Road, Suite 317, Plymouth Meeting, Pen~nsylvania 19462, Att~ Barbara Perry, as CHARITIES' authorized agent for all purposes hereunder. All notices or submissions to be made or delivered by CITY to CHARITIES pursuant to this Agreement shall be delivered to said address free of all charges, such as, for example, shipping charges and customs charges. 11. TAXES. CHARITIES shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and use tax. 12. PROOF OF INSURANCE. CHARITIES shall provide the CITY with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof of such insurance shall be due by 30 days prior to the first day of the event. The insurance shall name the CITY and its designee as additional insured. 13. FINANCIAL RESPONSIBILITY. CHARITIES agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the Classic including, but not limited to, all accounting and reporting as may be required by law. CHARITIES further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the Classic, and which are not provided for in this Agreement. 14. OTHER SERVICES AND SUPPLIES. CHARITIES further agrees that all services and supplies not specifically identified herein shall be provided by or through CHARITIES. 15. CONCESSION RIGHTS OF CHARITIES. CHARITIES may sell food, beverages, confections, refreshments and novelties or may, subject to approval by CITY, contract with another to provide such service except that 7 CHARITIES will not 0ffer'for sale items that are prohibited by the CITY'S agreement v,}ith - Coca-Cola of Florida (attached hereto as Exhibit "B"), unless otherwise agreed to in_writing by CITY, Coca-Cola Enterprises, Inc. and CHARITIES. In providing the concession service, CHARITIES or any person, firm, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the following provisions provided, however, that CHARITIES shall remain ultimately responsible to CITY for all obligations required of the concessionaire: a. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. c. Concessionaire may have the option to sell alcoholic beverages at the Tennis Center. Sale of alcoholic beverages must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. d. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to CITY for approval prior to installation of any items. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. e. The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. f. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by CITY. All state health laws ahd state health department regulations must be strictly 8 16. complied with. Ail janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. -- g. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. h. If the concession is operated by a person, firm or corporation other than CHARITIES, such person, firm, or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, its officers, agents and employees as additional insured. ACCEPTANCE OF TOURNAMENT SITE. (a) Prior to the Classic, CHARITIES may inspect and examine the Site to determine that said Site is in adequate and satisfactory condition for the uses contemplated. CHARITIES assumes full responsibility and liability for all damages, losses and liability caused by conditions on the Site, which arise once it commences use and occupancy of the Site, and which conditions are caused by or result from the actions of or failure to act by CHARITIES, its employees, agents or representatives, or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of CHARITIES while on the Site. CHARITIES indemnifies, defends and holds CITY, and its designee, harmless for any such claims unless such damage, loss or liability was caused by conditions on the Site which are inherent in the structures involved, or the direct result of CITY'S (including its employees and agents), negligence or misconduct. (b) CITY, and its designee, shall not be responsible for any damage or injury to, or personal conduct, safety and welfare of CHARITIES, its employees, agents or representatives, .or exhibitors, independent contractors, workers, and ihvitees while on the premises and CHARITIES expressly indemnifies, holds harmles's and releases CITY from any and all such claims, damages, losses or liability associated therewith, unless such claim, damage, or liability is the result of CITY'S (including employees and agents) negligence or misconduct. 17. REPAIR~ REPLACEMENT AND MAINTENANCE. CHARITIES shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the term of this Agreement in order to restore the Site to a condition equal to the condition at the time CHARITIES occupies the Site. CHARITIES shall be responsible for clean-up of the Site during and after the Classic. If at any time CITY determines that the clean-up services provided by CHARITIES are not adequate or that said services endanger public health and safety, CITY shall notify CHARITIES in writing and if CHARITIES fails to clean up after receipt of written notification, CITY may provide these services. CHARITIES shall reimburse CITY for the costs of providing these services and for the actual costs of any supplies. 18. TICKET SALES. All tickets for admission shall contain language approved by CHARITIES and CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, CHARITIES shall provide City Manager or his designee with the established selling price of each type and kind of ticket for his review and approval. 19. ADVERT/SING MATTER. (a) CHARITIES agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the site of the Classic in all publications, advertising and any electronic broadcast, and to permit CITY to use CHARITIES' trademark or any trademark authorized to be used by CHARITIES, and CITY agrees to permit CHARITIES to use the CITY'S name and logo and trademark during the term of this Agreement solely in the connection with the Classic. CITY agrees that promotional material created by CITY with regard to the Classic is subject to the approval of CHARITIES. 10 CHARITIES agrees that any mat6rial submi~ed by CITY will not be unr6asonably disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the disapproval. - (b) All printed material and advertising matter to be used prior to or at the Classic which include the name City of Delray Beach or its official seal shall be submitted to the City Manager or his designee for his approval at least two (2) days prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. CITY agrees that it shall always use the official name of the Classic as designated by CHARITIES and no other name when making reference to the Classic in CITY'S promotional materials. (c) If CHARITIES is able to secure television coverage for the Classic, CHARITIES shall ensure that any such television coverage of the Classic shall specifically mention the CITY as the host in the opening of each and every broadcast. CHARITIES will provide CITY with an overview of the City of Delray Beach. (d) CITY or its designee, at the request of CHARITIES, shall temporarily cover advertisements, corporate logos or trademarks that appear throughout the Tennis Cente~, at its sole expense. 20. EVENT PERSONNEL AND EQUIPMENT. CHARITIES shall provide all personnel needed for the Classic, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands except as otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement. 21. POLICE AND EMERGENCY PERSONNEL. CHARITIES agrees to make arrangements with the CITY Police Department to provide for CITY police personnel which the CITY determines, in its sole discretion, is necessary for the Classic. Also, CHARITIES shall contact the CITY Fire Department to make arrangements for Emergency Medical Technician personnel to be present at the Classic. 22. CITY'S RIGHT TO CONTROL PREMISES. 11 - CITY at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to-keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither CITY nor of any its officers, agents or employees shall be liable in any manner to CHARITIES or its officers, agents or employees for any damages which may be sustained by CHARITIES through the exercise of this right by CITY. 23. ALCOHOLIC BEVERAGE LICENSE. In the event an alcoholic beverage license is required, CHARITIES or its agents shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages at the Site for the Classic. CHARITIES, or its agents, shall display said license in a conspicuous place at the Site of We sale and/or distribution of the alcoholic beverages. CHARITIES/xshall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. CHARITIES, or its agents, shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. 24. VACATION OF CLASSIC SITE. CHARITIES agrees to vacate the licensed Classic Site no later than one (1) day after the completion of the Classic; to leave said Classic Site in a condition equal to that^at the commencement date CHARITIES occupies the Classic Site each year, ordinary wear and use thereof only excepted, and that CHARITIES shall remove from the Classic Site within five (5) days following the closing of the Classic, all material and equipment owned by CHARITIES. 25. NON-DISCRIMINATION. 12 A:- That CHARITIES-for itself, its personal representatives, successo?s in interest, assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participa- tion in, be denied the benefits of, or otherwise be subject to discrimination. 3. That CItARITIES shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of a proven breach of any of the above non-discrimination covenants, the CITY shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. CItARITIES shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 26. CHANGE IN LAW. 13 During the term, the CITY reserves the right to restate and/or renegotiate with CHARITIES such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the downtown site. In the event that the CITY and CHARITIES are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 27. CANCELLATION BY CITY. The occurrence of any of the following cause this Agreement to be automatically terminated: A. B. Institution of proceedings in voluntary bankruptcy by CHARITIES. Institution of proceedings in involuntary bankruptcy against CHARITIES if such proceedings lead to adjudication of bankruptcy and the CHARITIES fails within ninety (90) days to have such adjudication reversed. The CITY shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to CHARITIES specifying the amount of payment(s) in default, to terminate this Agreement whenever the non-payment of any sum or sums due hereunder continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if CHARITIES makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. 28. DEFAULT BY CHARITIES. The CITY may terminate this Agreement for cause upon CHARITIES' failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by CHARITIES within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the CITY'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY. 14 29. - DEFAULT BY CITY._ CHARITIES m~iy terminate this Agreement for cause upon-CITY'S failure to perform any of the terms and conditions of this Agreement if such failure in performance was not remedied by CITY within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and CHARITIES' intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from CHARITIES. 30. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.Wo 1st Avenue Delray Beach, Florida 33444 To CHARITIES: International Merchandising Corporation Re: Chris Evert Pro-Celebrity Tennis Classic 525 Plymouth Road, Suite 317 Plymouth Meeting, PA 19462 Attn: Barbara Perry or to such other addresses as either party may designate in writing. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute 31. 15 waiver of any other breach. matic~ally invalidate the entire_Agreement. 32. INDEMNIFICATION. -Invalidation of any portion-of this Agreement shall not auto- (a) To the fullest extent permitted by laws and regulations, CHARITIES agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin & Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by CHARITIES or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by CHARITIES, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either CHARITIES or any player, agent or employee of CHARITIES: (c) the breach by CHARITIES of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by CHARITIES in this Agreement. CHARITIES shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. (b) CHARITIES agrees to defend all actions to which this Paragraph 30 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this indemnification agreement. (c) Such indemnification shall be limited to the amount of commercial general liability insurance which CHARITIES is required to obtain under this License Agreement. (d) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph 30 shall survive the execution, delivery and performance of this Agreement. 16 33. PERSONAL PROPERTY. CITY ass--umes no responsibility whatsoever for any property placed on the-~ite by CHARITIES, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Site under this Agreement, unless such damage, loss or liability is caused by CITY'S (including employees and agents) negligent, reckless or intentional act(s). If any claim or cause of action is brought against the CITY relating to personal property as contemplated by this paragraph, and where such claim or cause of action is not founded on the negligent, reckless or intentional action of the CITY (including employees and agents), then CHARITIES shall defend any such action in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such pro- ceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this agreement. 34. INDEPENDENT CONTRACTOR STATUS. CHARITIES and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 35. WARRANTY. Except as otherwise provided for herein, the CITY and CHARITIES represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either CHARITIES or CITY is a party. 36. ASSIGNMENT. This Agreement shall bind and inure to the benefit of CHARITIES and the successors and assigns of CHARITIES. The rights granted CHARITIES hereunder shall be exclusive to 17 it and shall not, without the prior, written consent of CITY,-be transferred or assigned to any other. -- 37. RESERVATION OF RIGHTS. All rights not herein specifically granted to CHARITIES with respect to the Classic shall be and remain the property of CITY. 38. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between CITY and CHARITIES in respect to the subject matter of this Agreement and supersedes all prior agreements. 39. EXECUTION AND DELIVERY REQUIRED. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of CHARITIES or CITY, or either of them, unless and until it has been signed by representatives of CHARITIES and CITY and delivery has been made of a fully-signed original. 40. CHARITIES' TAX-EXEMPT STATUS. All activities and operations of CHARITIES will be consistent with an organization which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code, by virtue of being an organization described in Section 501(c)(3) of the Internal Revenue Code. To conflict with CHARITIES' tax-exempt organization, such obligation is hereby waived by CITY and shall not be binding upon CHARITIES. In the event any obligation to CITY is waived on account of the foregoing sentence, suitable alternative arrangements, consistent with CHARITIES' tax-exempt status, will be made so as to avoid any inequity to CITY. 41. THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any 18 third persons to any party to this Agreement, nor shall any provision t~ereof give any third person any right of subrogation or action over or against any party to this Agreement. VENUE. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 43. TICKETMASTER. (a) CITY or its designee shall provide the services of its facility and box office through Ticketmaster only for those tickets elected by CHARITIES to utilize such services in connection with the Classic. These services will be provided in a timely, professional and diligent manner and in accordance with CHARITIES reasonable ticket specifications. CHARITIES agrees that it will provide facility and box office services for those tickets for which CHARITIES does not elect to utilize the services through Ticketmaster. (b) In full payment for the ticket services, CHARITIES agrees to CITY imposing a two and one half percent (2.5%) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. CITY acknowledges that no other amounts will be charged to CHARITIES (other than payment of state sales tax) for ticketing for the Classic. (c) CITY shall pay ninety percent (90%) of all amounts due to CHARITIES upon completion of the event. CITY shall pay the balance of the remaining ten percent (10%) to CHARITIES within 60 days after the completion of the event, less amounts for which refunds have been issued. If CHARITIES fails to hold the event as scheduled, CHARITIES shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus any additional credit card fees that may be imposed. 44. APPROVALS. All approvals to be given by a party under this Agreement shall not be unreasonably withheld or delayed. 19 IN WITNESS WHEREOF, the parties have caused this agreement and one counterPart, both of which shall constitute originals, to be executed by its pro_per officers hereto duly authorized on the year and date first above written. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor WITNESSES: (print or type name) CHRIS EVERT CHARITIES, INC. Name Printed:/~c.~ ~/' ~,/ Title: STATE OF COUNTY SEAL IMYCOMMISSION il CC 7~,L~J3 ~1 E~IRES: Ju~ 17, ~ 1~ The foregoing instrument was acknowledged before me this c I^RITIES, INC., a 5C_ C '5 is pe~nally kno.w~to? me/or has produced ~.?r day of '~, ~..~ , of CHRIS EVERT corporation, on behalf of the corporation. He/h~ (as identi- fication). Signature of Notary Pubic Even O1 .agt 20 EXHIBIT A INSUR. A-~;CE REQUIREMENTS OF THE CITY OF DELRAY BEACH - FOR AGREEMENT WITH CHRIS EVERT CHARITIES. INC. CH.~R.ITIES shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute ~,-¢0 and including Employers Liability coverage, regardless of the size of your firm. CH.A_R.ITT~S further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. Bo Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relatior~hip and activities being done under tMs ag'reement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will b~ written on an occurrence basis with the limits of liability not less than $2,000,000.00 combined single limit per occurrence, and ~ an annual aggregate, covering bodily injury, property damage and personal injury. Motor Vehicle Liability Insurance covering all vehicles associated with C~IES' operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than S 1,000,000.00 combined single limit per each occurrence. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. CH.A.R.ITI:ES shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, thirty (30) days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by the CI-LA.KITIES. If any of the above coverages expire during the term of this agreement, CHARITIES will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: Ciry of Delray Beach, Arm. Risk Manager, 100 N.W. 1" Avenue, Delray Beach. Florida Insuraflceprov/ast AMENDED AND RESTATED AGREEMENT BETWEEN COCA-COLA ENTERPRISES, INC., D/B/A FLORIDA COCA-COLA BOTTLING COMPANY AND THE CITY OF DELRAY BEACH~ FLORIDA THIS AMENDED and RESTATED AGREEMENT bewveen COCA-COLA ENTERPRISES, INC., d/b/a FLORIDA COCA-COLA BOTTLING COMPANY (Coca- Cola) and the CITY OF DELRAY BEACH, FLORIDA (City) is made this /.,~.~day of t~ 2000. WlTNESSETH' WHEREAS, Coca-Cola and the City entered into an Agreement on May 2, 1997, known as Bid # 97-17 - Soft Drink Vending Service Contact (Coca-Cola Contract); and WHEREAS, Coca-Cola and the City wish to amend and restate the terms of the Agreement dated May 2, 1997; and NOW, THEREFORE, for the mutual promises, covenants, and agreements contained herein, the parties covenant and agree as follows: 1. That the recitations set forth above are incorporated as if fully set forth herein. 2. The term of this contract shall commence upon execution by both parties and extend until May 2, 2003. 3. Coca-Cola shall have exclusive pouring fights at the Delray Beach Municipal Tennis Center (Tennis Center), except as provided by paragraph $. 4. Coca-Cola shall have the full service vending placements as provided by Exl'tibit "A", attached hereto and incorporated herein. Coca-Cola shall provide 24 hour, 7 days a week priority service for all mechanical problems with its equipment. Response time will be within 24 hours of the service call. Respo~nse time fo~' emergency fountain service shall be within 2 hours of receiving a service call. bottled water. Coca-Cola. Coca-Cola shall provide the brand names as shown on Exhibit "B" as well as The vending machines shall be filled by a full service driver employed by Coca-Cola shall reimburse the City the following amounts from the sales it incurs from the vending machines listed on Exhibit "A": soft drinks, 12 oz. cans - 15% of net sales juice, 11.5 oz. cans- 12% of net sales bottled water, 16 oz. bottles - 12% of net sales soft drinks, 20 oz. bottles - 15 % of net sales isotonics, 11.5 oz. cans- 12% of net sales Coca-Cola shall provide on an annual basis throughout the 3 year term, the following items: Promotional items to the Parks and Recreation Dept. T-shirts/Youth Uniforms Program Printing Scoreboards Snacks (afterschool program) a). Value $2,000 $ 500 $6,000 $1,500 b). Coca-Cola shall provide the City, annually, cash sponsorship of $6,000 to be used at the discretion of the City. Coca-Cola shall provide, annually, radio advertising in the amount of $5000 to c). the City. d). Coca-Cola shall provide the City, in reasonable quantities as requested by the City, at no charge, the following items for special events: Special Event Trailers 55-Gallon Plastic Barrels Special Event customized 3' x 10' banners 64-Quart Ice Chests 10-Galon Thermo Coolers Vendor Hawking Trays Advancx/d booking of sixty days is requested to insure availability 8. During the term of this Agreement, the City shall be entitled to twelve (12) blackout days, annually, where the City may seek other sponsorships for events at the Tennis Center. The City shall provide 30 days notice to Coca-Cola of its intent to use all or part of the 12 blackout days. If the City fails to notify Coca-Cola as provided for herein, Coca-Cola shall have the right to provide carbonated soft drinks, isotonic beverages, and bottled water for the Tennis Center event. 9. If Coca-Cola provides exclusive beverage pouring Tournament owned by Match Point, Inc., (presently known Championships and referred to hereinafter as "Citrix Tournament"). provide the following at no cost: a). ITEMS rights during the ATP as the Citrix Tennis Coca-Cola shall also Donated Product (225 cs) Donated Pre-Mix Tanks (30) Barrel Coolers (15) VLsi-Coolers (10) Custom Banners (5) Media Tags (138) VALUE $2,625 $ 510 $1,500 $2,000 $I,000 $24,150 b). In addition, Coca-Cola will create a custom in store promotion with a local retail parmer, supported by point-of-sale (value of $30,000.00). Coca-Cola shall also provide ten (10) thematic truckbacks promoting the Citrix Tennis Championships scheduled 4 weeks prior to the event (value of $30,000.00). c). Additional equipment that shall be available at no charge to the City for the Citrix Tournament, in reasonable quantities as requested by the City, is as follows: Special Event Trailers 55-Gallon Plastic Barrels 48-Quart Ice Chests Vendor Hawking Trays Portable Pre-Mix Units Menu Boards On site truck to store product d). Pricing for Coca-Cola's product shall be as follows for the Citrix Tournament: PACKAGE PRICE 20oz CSD 12oz CSD 20 oz PowerAde 20 oz Dasani Water 20 oz Fruitopia 16 oz Minute Maid Juices $16.25 $ 6.75 $15.00 $10.60 $16.25 $16.25 A rebate of $2.75 on 20oz CSD, and $1.50 on 12oz CSD will be paid to the City for all net purchased cases. All products must be purchased directly from the West Palm Beach Coca-Cola. e). Coca-Cola shall also receive two (2) four seat boxes for all sessions of the Citrix Tournament as well as ten (10) additional reserx ed tickets for all sessions. 10. Should the City fail to use its blackout days and Coca-Cola declines to exercise its rights to sponsor the Citrix Tournament, the City will be permitted to seek outside sponsorship for the Citrix Tournament or other events during a blackout period. Coca-Cola retains its exclusive pouring rights at the Tennis Center subject to Paragraphs 8 and 9. 1 I. Coca-Cola shall offer the Full Service Bounce Back Program to the City. As part of the program Coca-Cola shall attempt to place up to 25 full service vending machines at 4 various business and retail outlets. These business and retail ciutlets would then allow the commissions received from the vending machines to be relinquished to the City. 12. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 13. Ail notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33~.~.~. As to Coca-Cola: Florida Coca-Cola Bottling Co. 6553 Garden Rd. Riviera Beach, FL 33404 14. Coca-Cola shall not, without prior written consent of the City, assign any portion of its interest under this contract and, specifically, Coca-Cola shall not assign any moneys due or to become due without the prior written consent of the City. 15. The City and Coca-Cola each binds itself, its panners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 16. Coca-Cola, for good and valuable consideration shall indemnify, defend and save harmless the City, its officer's agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting from the work provided for this Project; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any improper materials or by or on account of any act or omission of Coca-Cola or its subcontractors, agents, s~rvants or employees. C~ea-Cola agrees to defend, indemnify and save harmless the City its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordimances or regulations by Coca-Cola, its subcontractors, agents, servants or employees. Coca-Cola further agrees to defend, indemnify and save harmless the City, its officers, agents, or employees from all such clairn~, fees, and from any and all suits and actions of every name and description that may be brought against the City or its officers, agents or employees on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the City, its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, t'~'m or corporation. The indenmification provided above shall obligate Coca-Cola to defend at its own expense or to provide for such defense, at the City's option, any and all claims or liability and all suits and actions of every name and description that may be brought against the City, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by Coca-Cola, its subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 17. It is reco~d by Coca-Cola that the City's Mtmicipal Tennis Center has been f'manced with proceeds of tax exempt debt and may be re-f'manced from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities comtructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt status of the debt issued to t'mance the same. This 6 Agreement shall automatically terminate, without any required-notice by the City, if any payment required to be made under the provisions of the Agreement with the City would, together with any other private use payments made or required to be made by any other entity(ies) or person(s) for the use of the tennis center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences") of the City issued to finance or refinance the tennis center or any part thereof. Such a termination shall not constitute a default on the part of either party to this Agreement. Upon such terrninztion, it is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, and which, in the opinion of the City's bond counsel, would not have negative tax consequences. 18. This Agreement shall be considered null and void unless signed by both Coca- Cola and the City. 19. The contract documents constitute the entire agreement between the City and Coca-Cola and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year first above written. ATTEST: By:,~ CITY OF DELRAY BEACH, FLORIDA David Schmidt, Mayor Approved as to legal sufficiency and form: By: ~.~,. City Attorney WITNESSES: (']5rint 'o} Y ,pe Name) '~'~t or Type''~e~-~''z'e~Name) COCA-COLA ENTERPRISES, INC. (Print or Type Name) (SEAL) STATE OF ~ COUNTY OF ~'[~~~~)[r~ l ~e foregoing ~ent .wa, s ac~owl~ged ~fore me_ ~s ~ day of 4~.~--, 2000, by ~'0~~[0~ ,as ~JPl~.~ ~1~-~, (~e of officer or agem, tide of offic~ Or)gem), of ~~~ [1~ ~~ (rome of co~oration ac~owledg~g), a ~~~ (sm~ or place of ~co~oration) co~oration, on be~lf of ~e co~oration. He/She is persomlly ~own to ~e or has pr~uc~ (Wpe of idemifimfion~denOf~tio~ ~ - ~ ~blic - ~ of ~orida ~. ' I~ 1~. 2005 8 EXHIBIT .A. .... .. .... ~ Number a£ vending machSnes Co be Iocac$ons as listed ba$ow: LOCATION South A1A ~ Lincon Blvd. 100 N.~. First Avenue 2nd flcor C£=y Garage - Publ£c Works ~iv£sion 434 S. Sw£ncon Avenue £nvirom~enCal Sar=ices Complex 434 S. Swincon Avenue {bceakroom) SE 6ch Avenue and ~ncercoascal 300 Mesc AClsfl=ic Avenue 320 $.w. 4ch Street 501 West ACLaflCic Avenue 1sC and 2nd FLoor Fire Station 13 6~1 L/neon Blvd. 10. Fire Scf~:ion #2 3S Andrews Avenue 11. 4321 Lak.* ~da Road 3,2. Fire SCs'cion IS X3. Pompey Park 101 N.w. 2nd Street pcovided N~B£R OF ~J%CHINES 1 twenty-one 17. 19. 20. 21. LOCATION Community Center 50 N.W. F'~rsl Avenue T~mis Center 201 W. Atlantic Avenue Adult Center 801 N.E. F'~tst Street Water Treatment Plant 600 S.W. 2nd Avenue Gleazan Park E.?.lt At/antic ~. AIA City Marina 159 Marine Way Anchor Park South City ~ Miller Park Linton a: S.Wr. 4th Avenue ~..t~s E-R OF' M, ACI-IIT~S EXH.I BI~..A. con= .... - ....... EXHIB1T~B ~ME M'O RA ND IMG DATE: TO: FROM: RE: November 5, 2001 Bob Barcinski Justin Zambuto ~ Chris Evert Charities Contract Enclosed please find the two copies of our agreement, which have been executed and notarized. Please return the fully executed contract to my attention in Philadelphia. I can be reached with any questions at 610-828-5777. As always, we look forward to working with you and your staff again this year. Cc: Brahm Dubin via fax 561-265-2752 (w/o enclosures) Planning & Zoning Department MEMORANDUM TO: THRU: FROM: D?v~. H~rde/!~ Ci~ Manager Scott Aronson, P'arl~ing Management Specialist RE: Operational Suggestions For The Future Library/Courthouse Parking Facility As a follow-up to our meeting of Wednesday October 24, 2001 the following suggestions are made. ACCESS: The current bar code system used on the Library cards could be tied into several access systems on the market today. Similar cards could be issued to Courthouse staff. Cardholders would simply scan their cards upon entering and exiting the parking facility. The card could also be used to allow access from the upper level of the parking facility directly to the second floor of the library and the Courthouse as an employee entrance. The system could allow for time authorization coinciding with Library and Courthouse hours to limit free parking to their operating hours. Ticket dispensers could grant entry to general customers. Pay-on-foot stations could accept cash payment, smart cards, credit and debit cards or validated tickets to allow exiting. SPACE ALLOCATION: Upper deck parking should be used by all free cardholders. A nesting area designated for cardholders would be established with a second set of access gates at the top of the ramp. This would reserve the more desirable spaces for paying customers and visitors. If needed, the upper level gates could be opened to free up additional spaces. HOURS OF OPERATION: The facility should be opened one hour prior to the opening of the Courthouse or Library. Closing hours need to be determined contingent upon usage by visitors to the general vicinity of Atlantic Avenue. Special event hours would be two hours prior to the start of the event with closing time to be determined. STAFFING: Although fully automated, the facility should have at least one employee on-site during operating hours to assist people in addition to administrating the day-to-day operational duties and overseeing maintenance and janitorial concerns. SPECIAL EVENTS: Additional staffing would be required to assist patrons and maximize efficiency. REVENUE CONTROL / ACCESS SYSTEM: The choice of revenue control / access system should be made prior to the submission of construction plans. This would allow for inclusion of the necessary components. (i.e. islands, electrical conduits, etc.) September 11, 2001 Commissioner Mary McCarty Palm Beach County Board of County Commissioners 301 North Olive Avenue West Palm Beach, FL 33401 Dear Commissioner McCarty: I present for your information a proposed Strategic Plan regarding the parking lot to be built to the east of the South Palm Beach County Courthouse. For your information, we have included details of additional separate agreements between the Library, the CRA, and the City. As you read the Strategic Plan you will note that we are suggesting the Palm Beach County would enter ~nto two agreements. Alley Agreement whereby the existing alley runmng parallel to Atlantic Avenue will be added to the Library Parcel. Joint Parking Lot Agreement whereby Palm Beach County constructs a two-level parking lot The use of the lot will be shared by Palm Beach County, the City and the Library. The cost of construction, operation, maintenance and repairs will be shared based on the number of parking spaces allocated to each. We would like to meet with you as soon as possible, along with the City and CRA representatives to discuss implementation. I am sending a copy of this letter and the Strategic Plan to the City and CRA for their consideration of the aspects of the plan that pertain to them. I look forward to working with you. X,,~ry truly yours, Library Director JJC/vfd Enclosure CC' David Harden, City Manager, City of Delray Beach icne Dominguez, Executive Director, Delray Beach Community Development Authority hael M. Listick, Esq. Robert Federspiel, Esq. Daniel M. Murtaugh, President, Library Board of Directors Robert Currie, Library Board Audrey Wolf, Director, Facilities Development & Operations Susan Ruby, Esq., City Attorney : 29 Southeast Fourth Avenue · Pelray Beach, Florida 33483 · (561) 266-0194 Fax (561) 266-9757 STRATEGIC PLAN FOR NEW ATLANTIC AVENUE LIBRARY AND PARKING LOT This Strategic Plan is intended as a non binding outline of a multiparty transaction which will result in the construction of a new library on the south side of the 100 block of West Atlantic Avenue, Delray Beach, Florida and the construction and joint_use of a two level parking lot to the south of the new library. BACKGROUND The Delray Beach Public Library Association (called "Library") is currently located on S.E. 4~ Avenue. The City of Delray Beach ("City") owns the land and the Library owns the building. The Delray Beach Community Redevelopment Agency (called "CRA") currently owns the land on the south side block of West Atlantic Avenue as described as ParceI 3 on Exhibit A attached. Palm Beach County (called "County") currently owns Parcels 1 and 2 on Exhibit A and is intending to improve that land as a parking lot for its exclusive use. GOALS Provide for the Library to construct its new building by using Parcel 3 and the alley located immediately south thereof. Provide for the construction of an expanded parking structure on Parcels 2 and 3 so that additional spaces (above County needs) are available to the Library and to the City. PROPOSED AGREEMENTS Alleyway Aqreement - The Library will cause the 16 foot alley located South of Parcel 3 to be abandoned. The County will release any right or title to the alley to the CRA. Ultimately the alley will be part of the new Library. Parkin.q .Lot A.qreement - This will be a four (4) party agreement between the County, the City, the CRA, and the Library. The County will agree to build a two level parking lot on Parcels 2 and 3. The County will be allocated 320 parking spaces. The Library will have the right of use of 170 parking spaces. The City will have the right of use of 154 parking spaces In the event the City fails to participate in the parking lot costs, the parking lot can be downsized. Each party will pay a percentage of the complete cost of the parking lot, including drawings, engineering, construction, site work, utility service installation, permits, management, repairs, etc. The percentage shall be in accordance with the number of spaces available to each party. Proposed parking space and expense allocation is: County 320 spaces 49.7% City 154 spaces 23.9% Library 170 spaces 26.4% During construction of the Library and parking lot, the north sections of Parcel 1 and 2 will be used as a staging area. City/CRA Land Exchanqe Agreement - The City and CRA will agree to an exchange whereby the City gives the current Library s~te on 4"~ Avenue to the CRA, (subject to continuing Library use until the new Library is open), in exchange for the City receiving the ownership of another parcel to be determined. VVhen the CRA eventually sells or develops the 4t~ Avenue site, it will share a portion of the proceeds with the City, based on a formula to be determined by the City and CRA. Library/CRA Agreement - The Library will agree to release its lease on the 4th Avenue property and convey its ownership in the current building in exchange for ownership of Parcel 3 and the alley, Library use of the existing building will continue until the new Library is open. IMPLEMENTATION It is suggested that each party shall present this Strategic Plan for consideration by its staff and Board or Commission to authorize the preparation of formal contracts. It is again understood that no party is bound unless or until it formally accepts an agreement in accordance with legal requirements. It is further understood that the four proposed Agreements described above are separate agreements and that no party to this Strategic Plan shall be a party to each of the agreements and thus a party shall only have responsibility to the extent of the agreements to which is named as a party. Exhibit "A" Land Transfer Map Block 53, Delray Beach, Florida Atlantic Avenue '! Par 'el 3 i Parcel i l ii- i S.W. 1st str;e-~ ~iflN~AV DIINV'IlV 1S:qM .L,R..R~JIS 1SI, 'Nt'S '~I'IN~A¥ 011N¥-I1¥/S*qM 'rt Uj III UJ .i..q~llS 1SI, 'M'S ~ Facilities Development ~ Operations Department 3323 Belvedere Road Butldmg 503 West Palm Beach. FL 33406 (561) 233-0200 FAX Adm (56l) 233-&29b PREM (561) 233-0210 CID (561) 233-025'0 www pbcgov corn Palm Beach County Board of County Commissioners Warren H Newell. Chmrman Carol A Roberts, %ce Chair Karen T Marcus Mary McCarty Burt Aaronsoa Tony Masdottt Adche L Greene County Administrator Robert We~sman 'An Equal Opportum~y AfjSrmanve Acnon Employer' ~ printed on recycled paper RECEIVED OCT 2 3 2061 IT¥ MANAGER October 19, 2001 To: From: Re: Warren H Newell, Chair and Members of the Board of County Commissioners Audrey Wolf, Director t[~'~ ~ '~ '1 Facilities Development &'Operatiot~s Delray Beach Public Library Relocation For over a year, the staffs of the Delray Beach Public Library, the Delray Beach CRA, the City of Delray Beach and PBC/FD&O have been investigating the feasibility of relocating of the Library to a site adjacent to the South County Courthouse. The new site is currently owned by the Delray Beach CRA and located adjacent to the South County Courthouse (see attached plan). The Library's parking would be met by the construction of a parking structure in lieu of the surface parking lot proposed to accommodate the Courthouse expansion. The Staffs have worked through many development issues and are now comfortable that the co- location is feasible. The only unresolved issue is one of approval for traffic light at SW 2"d Avenue, which is pending approval by FDOT. The'basic terms of the transaction are as follows: The Library (and possibly the City) will fund the incremental costs of the structured parking, all spaces associated with their use, and any other site development costs associated solely with the relocation of the Library. The County would construct the parking structure as part of Phase I of the Courthouse expansion to ensure the timing of the courthouse expansion is not delayed or impacted. The Library will fund its share of the annual maintenance and renewal/ replacement costs for the parking structure with physical maintenance responsibility being the County's. The County would agree to convey its half of the alley between the two properties to the Library. The Library Board of Directors and the City Council are meeting on November 9Ih to discuss conceptual approval of the transaction and have requested that County staff prepare an interlocal agreement documenting the part of the transaction relating to the parking and alley abandonment. I will begin the preparation of that document unless I receive comments to the contrary by October 3Pt. If you have any questions, please feel free to call. attachments c: Robert Welsman, County Administrator Ross Hedng, Director Property and Real Estate Management John Chesher, Director Capital Improvements Division John Callahan, Executive Director Delray Beach Public Ltbrary Dared Harden, City Manager, City of Delray Beach II ·EST ATLANT~ AVENUe; II STRATEGIC PLAN FOR NEW ATLANTIC AVENUE LIBRARY AND PARKING LOT This Strategic Plan is ~ntended as a non binding outline of a multiparty transaction which will result in the construction of a new library on the south side of the 100 block of West Atlantic Avenue, Delray Beach, Florida and the construction and joint use of a two level parking lot to the south of the new library. BACKGROUND The Delray Beach Public Library Association (called "Library") is currently located on S.E. 4th Avenue. The City of Delray Beach ("City") owns the land and the Library owns the building. The Delray Beach Community Redevelopment Agency (called "CRA") currently owns the land on the south s~de block of West Atlanbc Avenue as described as Parcel 3 on Exhibit A attached. Palm Beach County (called "County") currently owns Parcels 1 and 2 on Exhibit A and ~s intending to ~mprove that land as a parking lot for ~ts exclusive use GOALS Provide for the Library to construct its new building by using Parcel 3 and the alley located immediately south thereof. Provide for the construction of an expanded parking structure on Parcels 2 and 3 so that additional spaces (above County needs) are avadable to the Library and to the City. PROPOSED AGREEMENTS Alleyway A.qreement -The Library will cause the 16 foot alley located South of Parcel 3 to be abandoned. The County will release any right or title to the alley to the CRA. Ulbmately the alley will be part of the new Library. Park~n,q Lot A,qreement - This will be a three (3)feu¢-(-4~ party agreement between the County, the City, the-CRA~, and the l~brary. The County will agree to budd a two level parking lot on Parcels 2 and 3. The County wdl be allocated 320 parking spaces. The L~brary will have the right of use of 170 parking spaces. The Qty will have the right of use of 154 parking spaces. In the event the C~ty fails to participate in the parking lot costs, the parking lot can be downsized. Each party will pay a percentage of the complete cost of the parking lot, including drawings, eng~neenng, construction, site work, utility service ~nstallat~on, permits, management, repairs, etc. The percentage shall be in accordance w~th the number of spaces avadable to each party. Proposed parking space and expense allocation is: County 320 spaces 49.7% City 154 spaces 23.9% ~4,~ ,~ (,-., · ' Library 170 spaces 26.4% ~S~.~,. During construction of the Library and parking lot, the north sections of Parcel 1 and 2 will be used as a staging area. Library/City Agreement - The Library will agree to release its lease on the 4th Avenue property and convey its ownership to the City in the current building in exchange for the conveyance by the City to the Library of Parcel 3. If the City receives any funds from the CRA eventually selling or developing the 4th Avenue site, it will share a portion of the proceeds w~th the L~brary, based on a formula to be determined by the Library and the City. Library use of the existing building will continue until the new Library is open, subject to certain negotiated time limitations. City/CRA Land Exchanqe Aqreement - The City and CRA will agree to an exchange whereby the City gives the current Library site on 4t~ Avenue to the CRA, (subject to continuing Library use until the new Library is open, which w~ll be subject to certain negotiated time limitations), in exchange for the City receiving the ownership of Parcel 3. When the CRA eventually sells or develops the 4th Avenue site, it will share a portion of the proceeds with the City, based on a formula to be determined by the City and CRA. IMPLEMENTATION It is suggested that each party shall present this Strategic Plan for consideration by its staff and Board or Commission to authorize the preparabon of formal contracts It is again understood that no party is bound unless or until it formally accepts an agreement in accordance with legal requirements. It is further understood that the four proposed Agreements described above are separate agreements and that no party to this Strategic Plan shall be a party to each of the agreements and thus a party shall only have responsibility to the extent of the agreements to which is named as a party. [ITY DF DELRI:I¥ BEFI[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090- FACSIMILE 561/278-4755 DATE: TO: FROM: SUBJECT: MEMORANDUM November 13, 2001 David Harden, City Manager Susan A. Ruby, City Attorney Tripartite and Interlocal Aqreement Writer's D~rect Line 561/243-7091 Attached is a revised copy of the Interlocal Agreement between the City of Delray Beach, the CRA and the Library. Paragraph 6 has been changed, and I believe it will be acceptable to you. Attachment 561 Z76 5489 SPIN DIT FED DO~ ~02 TRIPtUTrlTE ~I~ID INTERLEIC~AL AGREEIIIENT THIS TRIPARTITE AND ~NTERLOCAL AGREEMENT is made and entered into ~is day of ,2001, by end between the CiTY OF DELRAY BEACH, a Florida municipal corporation, (the "CITY"), and the DELI[AY BEACH COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to F. lorida Statute. Chapter 163, (the "CPA"), and the DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., (the "LIBRARY"). W IT N E S SETH: WHEREAS. the CITY and CRA both being bodies politic in the State of Florida are desirous of entering into this Tripartite and Interlocal Agreement in a,:x.~,rdancs wfth the provisions of Florida Statute., Chapter 163.01 et seq.; and WHEREAS, the CRA is the owner of certain real property located at 104 West Atlantic Avenue, Delray Beach, Florida 33444, and 132 West Atlantic Avenue, Delray Beach, Florida 33444, and herein referred to as "Parcel Three", b~ing more particularly described as follows: Lots 1 through 4, Block 53, TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, less the right-of-way for West Atlantic Avenue. ; and WHEREAS, the CITY is the owner of cerlmin real property herein referred to as bbs "Current Library Site" which real property is legally described as: 11/13/01 TUE 08.59 [TX/RX NO 89661 ll'±~,'zuu± 0~:55 PAX 561 276 5489 SPIN DIT FED DOW ~ 03 Lot 7, I~.~ be North 16 feet thereof, Lots 8 & 9, and the North 20 feet of Lot 10, Block 101, Delray Beach, (formerly Linton) Palm Beach County, Florida, as ret=tried in Plat Book 1, Page 3, Public Recurds of Palm Beach Florida, less the West 8 feet 2 inches (8.17 feet) thereof for road right-of-way. ; and WHEREAS, the Current Library Site is encumbered by a long-term land lease in favor of the LIBRARY; and WHEREAS, the CITY and the CRA desire to facilitate the relocation of the LIBRARY from the Current Library Site to Parcel Three; and WHEREAS, in order to facilitate such relocation, the CrTY and the CPA ar~ desirous of entering into this Tripartite and Interlocal Agreement providing for an exchange of the Currant Library Site from the CITY to the CRA in return for the c~nveyance by the CRA t~ the CITY of Parcel Three; and WHEREAS, the LIBRARY is willing to cancel and surrender its Long Term Land Lease and any interest it may possess in the improvements located within and on the Cun'ant Library Site to the CITY in return for the CITY agreeing to convey to it Pamel ~ in exchange for such cancellation and relinquishment. NOW, THEREFORE, in cz3nsideration of the mutual c~venants and promises her~in contained, the parties hereby agree as follows: 1. The CITY shall convey to the CRA fee simple title to the Current Library Site in its then "as is" condition, subject only to both permitted exc~l~ons set forth in Paragraph 3., A., below and the CRA shall convey title to Parcel Three to the CITY in its then "as is" condition in exchange for said Current Library Site subject to only those 11/13/01 TUE 08:59 [TX/RX NO 8966] 11/13/2001 08'55 FAX 561 276 5489 SPIN DIT FED DOW ~ 04 permitted exceptions set forth in Paragraph 3., B., below. 2. Immediately following the conveyances provided for in Paragraph 1, the CITY shall convey by Special Warranty Deed to the LIBRARY Parcel Three in its then "as is" condition subject to the permitted exceptions defined in Paragraph :3., B., below. 3. A. Permitted Exceptions to Conveyan,"~ of ~urr~nt I~ibrarv Site: (i) The right of post-closing occupancy by the LIBRARY upon the terms and conditions set forth in that certain Business Lease attached hereto as Exhibit "A". City: (ii) TO BE ADDED (iii) TO BE ADDED (iv) TO BE ADDED Permitted Exceptions to C:~nyeyanc~ of Pardi 'l'bree.to the (i) The dght of the CRA to continue post-closing occupancy of the premises pursuant to the terms and conditions of that certain Business Lease attached hereto as Exhibit "B". (ii) a) Tenants or fights of persons in possession of all or part of the lands. b) Subject to that certain Deed dated September 18, 1967 and recorded Oct=bar 24, 1967 in O.R. Book 1605, Page 228, Public Records of Palm Beach County, Florida, conveying the North 20 feet of Lots 3 and 4, B;oc~ 53, as recorded in Plat Book 1, Page 3, and a portion of Lot 4 for State right-<fl-way purposes. 11/13/01 TUE 08:59 [TX/RX NO 8966] zx xo, auux ua:aa kAX 5bl J76 5489 SPIN DIT FED DOW ~05 c) Subject to a Unity of Title dated March 1, 1979 and recorded Man~ 7, 1979, between Selective Resourcas Corp., of Delaware and the City of Delray Beach, as set forth in O.R. Book 3020, Page 138, Public Records of Palm Beach County, Florida. d) Current year taxes. Closing and time for conveyance for such exchange sh~tl be on 5. Each party shall at their expense provide the receiving party with a 'l-~le Insurance Commitment and Policy in favor of the receiving party with respect to the property being conveyed to them in an insured amount equal to the appraised vaJue of su¢~ property. 6. The parties agree that the CRA shall order an appreisaJ of the Current Library Site and Parcel Three within six (6) months from the date of this Ag~'nent through Anderson and Carr Appraisers for purposes of establishing the appraised value of We respective properties for purposes of this Agreement. The CRA and the LIBRARY agree to share equally in the cost of such appraisals and the LIBRARY agrees to remit to the CRA one-half (~,X~) of~e cost thereof within fifteen (15) days following receipt of an invoice from the CRA together with a copy of such appraisals. The parties hereby agree that in the event the CRA pursuant to its redevelopment efforts with respect to me Current Library Site, shall realize proceeds from its sale in excess of the said appraised value of Parcel Three, the CITY shall receive such excess proccc~Js. 7. Upon full execution of this Agreemellt. this Agreement shaJl be recorded in the Public Records of Palm Beach County, Florida. 11/13/01 TUE 08:59 [TX/RX NO 8966] 11,'13,'2001 0~:55 F.~X 561 276 5489 SPIN DIT FED DOW ~ 06 IN W['IrN'I~S VVHEREOF, ~e parties have heretofore set their hands and seals on the day and year first above written. Attested by: CITY OF DELRAY BEACH By:. David W. Schmidt, Mayor City C~erk Approved as to form by: City Attorney Attested by: DELI:lAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: John D. Weaver, Chairman Approved as to form by:. Robert W. Federspiel, P.A. 5 11/13/01 TUE 08:59 [TI/RX NO 8966] CITY OF DELRAY BEACH EXISTING PARKS CITY OF DELRAY BEACH, FLORIDA - Distribution of Persons Under Age 18 - (By Census Tract, By Percentage) ~: ..... ,,,~: '," : ....... ~ Census2000 L~':~ /'i I59.11 I~~", 1t I b t L_J -- ~ " ':, ~ :~>,~, , ~ , I I I ' /i /' / CENSUS 0 20% ~ 60 80% 69.o~- - - TRACT ~ 20 - 40% ~ NO DATA ,,,'" ~ - C/~L/M/TS I o.~,~ G~PHIC SCALE ~ 40- ~o~ Cl~ OF DEL~Y B~CH, P~NNING & ZONING DEP~TME~ 2~1 CITY OF DELRAY BEACH, FLORIDA J - Distribution of Persons Over Age 65 - (By Census Tract, By Percentage) Census 2000 r- 66.05 t.. 66.04 66.02 67 69.07 68.02 68.01 69,~5 69.06 64,02 LEGEND: 0- 20% 20 - 40% 40 - 60% 60 - 80% NO DATA CENSUS 69.05 - TRA CT ,,.,,"%../"'-.- CITY LIMITS ONE MILE GRAPHIC SCALE CITY OF EIELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2001 - - DIGITAL BASE MAP SYSTEM- - CITY OF DELRAY BEACH, FLORIDA - Distribution of Persons Under Age 18 - (By Census Tract, By Percentage) Census 2000 54.03 66.05 66.03 E - 69.03 r - 7- ..... 2-- ...... -,- - -, I I 69.07 59.15 69.08 69.(W 69,06 64.02 ! J / ! I I ! I I I I LEGEND: O- 10% 10 - 20% 2O- 3O% 30 - 4O% ~ NO DATA CENSUS 69.05- TRACT -'; ."- CITY L/MITS ONE MILE GRAPH;C SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2001 * - DIGITAL BASE UAP SYSTEM - Census Tract 54.03 59.09 59.11 59.15 64.01 64.02 65.01 65.02 66.02 66.03 66.04 66.05 67 68.01 68.02 69.03 69.05 69.06 69.07 69.08 74.01 74.02 Under 18 9.5 0 2.6 12.6 10.9 6.8 25.3 24.5 23.1 2.8 27.3 18.6 25.9 34.9 27.8 12.2 12.6 14.2 13 15.6 8 6 65 > 42 0 77.4 43.6 14.7 37.7 7 6 13 76.7 19.8 34.3 15.8 7.8 8 43.5 29 17.5 36.9 38.4 40.5 47.9 Wednesday, November 14, 2001 Planning & Zoning Department MEMORANDUM TO: THRU: FROM: DATE: DAV~D/~HA~RD ,E¥, C~Y' MANAGER PAUr. DORLING, DII~TOR OF PLANNING AN~j JEFFREY A. COSTELLO, PRINCIPAL PLANN~(~ L~,~, NOVEMBER 8, 2001 RE: CITY COMMISSION WORKSHOP MEETING OF NOVEMBER 13, 2001 AMENDMENT TO LDR SECTION 2.4.4(F) (EXTENSIONS) ADDING PARAGRAPH (4) REGARDING LITIGATION WHICH PREVENTS CONSTRUCTION. LDR Section 2.4.4 relates to general procedures pertaining to land use and development approvals, including expiration of approvals and approval extensions. Typically conditional use, site plans, landscape plans, architectural elevations, and preliminary plat approvals have an expiration date of 18 months. During this time period a project must be established, which occurs by either (1) construction of improvements representing 25% of the total cost of all improvements to be used in developing the project; or (2) a certificate of occupancy has been issued for the use of the property pursuant to the development approval. If a project will not be established within the designated time frame, an extension of the development approval may be granted pursuant to LDR Section 2.4.4(F) (copy attached). These circumstances usually relate to difficulties obtaining financing. This attached text amendment has been initiated to address situations where litigation prevents construction from commencing on an approved project. The proposed text will allow an automatic extension without further review, until such time as the litigation is closed. However, the amendment limits the automatic extension to no more than seven years. This time frame seems reasonable as litigation sometimes takes many years, and as a developer would be prevented from constructing based upon circumstances beyond their control. Attachment: c3 Proposed Amendment PROPOSED ORDINANCE LDR Section 2.4.4: (F) Extensions: Extensions may be granted to a previously appreved application listed under Subsection (E)(2) pureuant to the following: (1) General: (a) A wdtten request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; (b) The letter must set forth the basis and reason for the extension; (c) The extension shall be considered by the same body which granted the original appreval; (d) The extension, if granted, shall be for eighteen months unless otherwise stated; (2) Construction has Commenced: When there are substantial imprevements on the site but the 25% establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation pursuant to subsection (3), which follows, shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. In considering "diligence and good faith", the granting body shall consider: When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); * The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. A failure to obtain an extension under this subsection does not preclude an application for an extension under subsection (D)(3) which follows. (3) No Construction: When the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(B). (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. (4) Litigation Preventinq Construction: When a lawsuit is filed aqainst the developer, owner or applicant, which, seeks to prevent a project from commencinq construction, then the application, listed under Subsection 2.4.4(E)(2), shall be .qranted an automatic extension without further review; until such time as the litiqation is closed. Provided, however, in no event shall the automatic extension extend beyond seven (7) years. If the liti.qation is not resolved by the time the seven (7) year extension ends, then the developer, owner or applicant shall be required to follow Section 2.4.4(F)(1), (2) or (3). In order to be .qranted this extension, the developer, owner or applicant must send written notification and documentation that shows onRoin.q litigation to the City 30 days prior to the expiration date. The written notification/documentation shall then automatically extend the expiration date of the proiect until such time as the litiqation is concluded. The litiqation shall be deemed to be concluded after all appeals have been exhausted and a Final Order/Decision from the Court havinq jurisdiction over the matter has been entered. Once the Final Order/Decision has been entered the developer, owner or applicant shall have 18 months, or the time period that was specifically stated in the conditions of approval, to have the project established pursuant to Section 2.4.4(D). This subsection does not apply to lawsuits filed by the developer, owner or applicant aqainst some other party, nor does it apply in any way to allow the developer, owner or applicant to extend the 18 month deadline because of financial issues. Memo City Commission David T. Harden, City Manager 11/09/01 Booting Ordinance I have worked with a booting ordinance before and, based on my pdor experience, I believe it will be well received by the public if it is clearly communicated that it is only for people who have multiple unpaid parking tickets. The general law abiding public does not like scofflaws. It is also very effective in collecting unpaid tickets if the violator is still in the area. In my opinion, seven tickets are too many to allow before booting. I recommend that the City adopt a booting ordinance for any vehicle that has five or more unpaid parking tickets. · Page I TO: THRU: FROM: SUBJECT: MEETING OF NOVEMBER 13, 2001 - CITY COMMISSION WORKSHOP CONSIDER A RECOMMENDATION FROM THE PARKING MANAGEMENT ADVISORY BOARD FOR THE CREATION OF A BOOTING ORDINANCE TO AUGMENT COLLECTION OF OUTSTANDING PARKING FINES. During the last several meetings of the Parking Management Advisory Board outstanding parking fines have been discussed. The Board, at their meeting of September 25, 2001, directed staff to research options of either immobilizing or impounding vehicles to secure payment of outstanding fines. For your review is a survey conducted by staff of other municipalities in Broward and Palm Beach Counties. Of the twelve municipalities contacted, four had immobilization programs for people with outstanding parking violations. Pompano is considering the creation of such an ordinance. Jupiter None Boca Raton None West Palm Beach Attached Deerfield Beach None Green Acres Attached Pompano Under Consideration Lake Worth None Fort Lauderdale Attached Lantana None Davie None Hypoluxo None Hollywood Attached Section 316.1967 (Title XXIH) of the Florida remedies for the collection of parking tickets, immobilization or impounding of vehicles. State Statutes (FS) (attached), addresses and does not contain a provision for the These remedies have proven ineffective and the Board would like to consider booting as an alternative. As the immobilization of vehicles is a drastic means of enforcement and could result in negative publicity for the City, any policies adopted must be geared toward the most flagrant violators and used with extreme discretion. The attached list, prepared back in July, 2001 contains nine offenders with seven or more outstanding violations dating back to 1996 (See attached). The offenders would be candidates for this program. CURRENT PROCEDURES: FS 316.1967(6) is the basis for the Delray Beach Police Department's (DBPD) current policies which includes: City Commission Workshop Booting Ordinance Page 2 When fines are outstanding, DBPD requests vehicle owner information from the Department of Highway Safety and Motor Vehicles (DHSMV) in Tallahassee° Reminder notices are sent to all violators with outstanding parking fines. After a violator has three outstanding parking fines or one handicapped fine information is transmitted to DHSMV pursuant to FS 320.03 (8). At this point a license plate or revalidation sticker is not supposed to be issued until that person's name no longer appears on the list or until the person presents a receipt from the Clerk of the Court showing that the fines outstanding have been paid. However, this process is not being followed and violators are being issued license plates or revalidation stickers. BOOTING ORDINANCE: The following Municipalities have established the following criteria for their booting ordinances: West Palm Beach - three or more outstanding violations. Fort Lauderdale - four or more outstanding violations. Green Acres - five or more outstanding violations. Hollywood - five or more outstanding violations. In an attempt to create a somewhat less stringent code, targeting the more flagrant offenders, the following cdteria is recommended for the City of Delray Beach: 1. Seven or more outstanding violations with the exception of those in violation of FS 316.1955 (Illegally parked in a handicapped space). 2. Four or more outstanding violations of FS 316.1955 (Illegally parked in a handicapped space). 3. Violators who have been listed with the DHSMV and have had their tags revalidated at least once. (This shows the City's desire for people to take responsibility for their actions while maintaining its faith in the State's current procedures. The ordinance would then be used as a last resort to secure payment for parking violations). 4. Due to the potential volatility of booting vehicles, Parking Enforcement personnel should radio for a sworn officer to install the booting device. At their meeting of October 23, 2001 the PMAB unanimously voted (Onnen and Costin absent) to recommend to the City Commission the creation of a booting ordinance to augment collection of outstanding parking fines. City Commission discretion. Attachments: Florida State Statutes Outstanding Violators List Other Municipality's Ordinances FS 316.1967(6) Any county or municipality may provide by ordinance that the clerk of the court or the traffic violations bureau shall supply the department with a magnetically encoded computer tape reel or cartridge or send by other electronic means data which is machine readable by the installed computer system at the department, listing persons who have three or more outstanding parking violations, including violations of s. 316.1955. Each county shall provide by ordinance that the clerk of the court or the traffic violations bureau shall supply the department with a magnetically encoded computer tape reel or cartridge or send by other electronic means data that is machine readable by the installed computer system at the department, listing persons who have any outstanding violations of s. 316.1955 or any similar local ordinance that regulates parking in spaces designated for use by persons who have disabilities. The department shall mark the appropriate registration records of persons who are so reported. Section 320.03(8) applies to each person whose name appears on the list. FS 320.03(8) If the applicant's name appears on the list referred to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license plate or revalidation sticker may not be issued until that person's name no longer appears on the list or until the person presents a receipt from the clerk showing that the fines outstanding have been paid. The tax collector and the clerk of the court are each entitled to receive monthly, as costs for implementing and administering this subsection, 10 percent of the civil penalties and fines recovered from such persons. As used in this subsection, the term "civil penalties and fines" does not include a wrecker operator's lien as described in s. 713.78(13). If the tax collector has private tag agents, such tag agents are entitled to receive a pre rata share of the amount paid to the tax collector, based upon the percentage of license plates and revalidation stickers issued by the tag agent compared to the total issued within the county. The authority of any private agent to issue license plates shall be revoked, after notice and a hearing as provided in chapter 120, if he or she issues any license plate or revalidation sticker contrary to the provisions of this subsection. This section applies only to the annual renewal in the owner's birth month of a motor vehicle registration and does not apply to the transfer of a registration of a motor vehicle sold by a motor vehicle dealer licensed under this chapter, except for the transfer of registrations which is inclusive of the annual renewals. This section does not affect the issuance of the title to a motor vehicle, notwithstanding s. 319.23(7)(b). o o Oct t8 O1 O~:OOa _ = ........ ,: .... .. P..~ § 19-233 WEST PALM BEACH (c) The city treasurer shall pay from such special fund the costs of any parking meters purchased by the city and instalIed as provided in this chapter, and expenses incurred for their installation, inspection, service, supervision, repair and me;ntenance, for r~kiug collections from such parking meters and for the enforcement of the provisions of this chapter applicable to parking meter zones. The net proceeds of khe operation of parking me,ers in such special fund, a/tot the payment of such costs and expenses, shall be used for parking studies and for the acquisition, establishment, improvement, maintenance and operation of public off-street parking fsi-lilt§es as the city cor-~ission shall from time to time direct. (Code 1962, § 31-169) DMSION 4. IMMOBILIZING OF MOTOR VEHICLES' Sec. 19-234. Authorization to immobilize motor vehicles. A police officer, or other person acting in ac~orrl~ce with instructions of the director of parking systems, is authorized to attach an immobilizing device to a motor .vehicle so that it ¢=,,not be moved under it~ own power without ~,m~.oe to said motor vehicle if three (3) or more citations alleging the unlawful parking of said motor vehicle are outstanding. A citation shall be deemed outstanding§fit has not been disposed of by payment of a f'me or by final court order or adjudication. (Ord. No. 1636-82, § 1, 5-10-82; Ord. No. 2819, § 1, 2-13-95) Sec. 19-235. Procedure to immobili~e~ notice. The immobili,-ing device shall be attached to the motor vehicle wherever it is found within the city. No motor vehicle shall be immobilized, however, in the traveled portion o£any street or on any portion of a street where its immobilization would ~reate a hazard to the public or other traffic. In such event, the motor vehicle shall be towed and impounded by the city pursuant to section 19-101 of this Code. At the time of immobilization, a notice shall be airtxed to the windshield or other prom- inent place on the motor vehicle immobilized advi.~i~g that an immobilizing device has been attached, cautioning the operator not to attempt to operate the motor vehicle, and de!~il~g the number of outstanding parking citations for unlawful parking for which the motor vehicle is immobilized and any outstanding nonrnoving traffic violation citations and the total f'me therefor, including the amount of the removal charge for removal of the immobilizing device. The notice shall further exp]si~ how the operator can pay the Fines and charges, or deposit a cash bond with the city in lieu thereof, to have the {mmai~ili~ir~g device removed. (Ord. No. 1636-82, § 1, 5-10-82; Ord. No. 2182-88, § 1, 5-2-88) *Editor's note--In order to include the pr~visions of § I as div. 2 of this article, § 2 of Ord. No. 1720-83, adopted Aug. 1, 1983, redesignated existing div. 2 as div. 3 and div. 3 as div. 4. The section n~rnbers have remained the same. Supp. No. 65 1568 Oct 18 O1 OS:OOa p.3 WEST PALM BEACH ~070~ VEHICLES A.N~D TRAFFIC § 19-236 See. 19-236. l~emovsl of {mw, ob~li~g The i~ob~Uz~g ~ce s~ be ~mov~ f~m ~e moor ve~e upon: (1) Pa~ent to the ci~ of the ~ ~ due ~e ~ for ~e ousting p~ng ci~tions for w~ the ~e h~ b~n immob~ed nonmo~ng ~c ~ola~on dtatio~, or d6~dt ~h the ci~ of a c~h bond to ~- ~tee a co~ appe~ce in ~ponse ~ the d~tio~ ~ ~ mo~t ~uE to s~d frees; ~d (2) Pa~ent to the d~ of ~e ~ob;1;-~fion ~ due ~e d~ p~u~t to s~ion 19-239 of t~ ~de, or dem~d for ~ ~po~ent he~g ~d deposit of a band ~ the ~o~t of the ~mqb~a~n ~ge to ~~ ~ appe~ce at the impoun~ent he~ ~ pr~d~ ~ s~on 19-102.1 o;t~ ~de. (Ord. No. 1636-82, ~ 1, 5-10-82; 0r& No. 2182-8g~ ~ 2, 5-2-88) Supp. No. 65 1565.1 O! O~OOa WEST PALM BEACH MOTOR VEHICLES AND TRAFFIC § 19.946 See. X9-237. Bond forfeiture for failure to appear in court. ' ' If a bond is deposited with the city as provided in section 19-236(i) of this Code and the operator does not appear in court in response to the outstanding citations for ,~lawful parking and any outstanding nonmoving traffic violation citations, the bond shall be forfeited to the city as full satisfaction of the outstanding.c.i, imtions. The prosecution of the citations shall terminate upon forfeiture of the bond. (Ord. Bio. 1636, § 1, 5-1042; Ord. No. 2182~8,'§ 3, 5-2-88) See. 19-238. Towing and impou~,~-g. Pursuant to section 19-10I of this Code, the city may, at or after 5:00 p.m. on the day of immobilization, tow and impound any motor vehicle immobilized under this article if pay- ments or bond deposits in lieu thereof have not ~.een -~de az provided in section 19-236 of this Code. IOrd. No. 1636-82, § 1, 5-10-82; Ord. No. 2819-95, § 1, 2-13-95) Sec. 19-239. Immobilization, towing and impound, ment charges. Charges for immobilization, towing and impoundment ora motor vehicle shall be established by resolution of the city commi~ion. Such fees shall be cumulative in those ~ases where an immobilized vehicle has later been towed and ~mpounded. (Ord. No. 1636-82, § 1, 5-10-62) Secs. 19.240~19-244. Reserved. ARTICLE VI. PEDESTRIANS' RIGHTS AND DUTIES Sec. 19-245. Prohibited crossings. No pedestrian shall cross a roadway other than in a crosswalk in any business district or upon any through street. (Code 1962, § 31-I95) Sec. 19-246. Solicitation of rides. It shall be unlawful for any person to stand upon any sidewalk, street, avenue, alley or public highway or grounds within the limits of the city for the purpose of hitchhiking, "thumbing," requesting, asking or soliciting a ride from the operator of any motor vehicle. The provisions hereof shall not be construed to prevent a person upon a public highway from soliciting or a driver of a vehicle from giving a ride where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a passenger carrier for the purpose of becoming a passenger thereon for hire. (Code 1962, § 31-198) State law reference-Standing in road to solicit business or watching of vehicles, F.S. § 316.130. Supp. No. 64 1568 ~..1 18/17/2881 87:49 5616422189 GREENACRES PS PAGE 82 GREENACRES CITY DEPARTIVlENT oA. NUAL PUBLIC SAFETYGeneral Ordern -32 SUBJECT: FAItK~C ENFOF, CEHZ~ Dis:ribu:±on: All Oateissu~__~a7 15, 1990 Effccti,,eOate ~y 13, 1990 1 7 Revzsion Daze Page.. of Index as: Boot, procedures & fines Denver Boot I~%mobilization Device, parking violators Impound, parking violators Impound, tow-away zones Parking Enforcement Reference Material: Commission on Accreditation for Law Enforcement Agencies, Inc. Standards: 62.1.18 F.S. 316.008 Greenaores City code/,CHlapter 14 I. PURPOSE The purpose of this directive is to establish guidelines for enforcement of on-street parking regulations. III. II. DISCUSSION On-street parking is restricted in various areas to ensure fair access to parking and to expedite the flow of traffic during peak hours. Special restrictions may apply during weather emergencies. Iv. POLICY All existing parking reasonableness and City. PROCEDURE regulations impartiality will be enforced with in all areas of the The authority to regulate parking within the City of Greenacres City is granted to the City under the provisions of F.S. 316.008. Parking enforcement activities within the City will be carried out by all sworn Public Safety Officers assigned to uniform patrol duties. Ail Public Safety officers assigned to uniform patrol duties will perform general surveillance activities using motorized patrol in order to enforce resident zone parking areas and other parking regulations. 18/17/2001 07:49 5616422189 GREENACRES PS PAGE 03 GREEN ACRES G.O. III-32 2 Wheel Locking Devices- Greenacres City Department of Public Safety authorlzes a Public Safety Officer to attach a device capable of immobilizing a motor vehicle having five (51 or more unpaid parking violations. Greenacres City's Finance Department will keep track of all tag numbers having five (5) or more outstanding parking violations. Every Monday, Wednesday and Friday, the Finance Department will disseminate to the Greenacres City Department of Public Safety a computer sheet listing the tag numbers o~:~11 viola- tors, the number of outstandi~g.yiol~tion~ and the amount of the fine due. These computer sheets will be distributed to the Uniform Patrol Unit and to the Communications Unit. Public Safety Officers will utilize these sheets to locate the offender vehicles. The Finance Department is responsible for notify- ing the Communications Unit in the event an owner/operator of an offending vehicle on the current computer sheet has satisfied the outstanding fines. Upon locating a 'Lag number on the computer sheet, a Public ~afety Officer will verify with the Communica'=ions Unit that the vehicle is currently on the sheet. Once verification is made, a vehicl,a immobilization device will be attached by a P'lblic Safety officer. 3. Installation of th,a wheel locking device A Publ&c Safety Officer will check the hubcap of tn, vehicle and note any damage. If the hubcap must be removed, a property receipt will be left with the vehicle atta=hed underneath the left front windshield wiper. be The wheel lo~king device will then be securely placed on the front left tire. If due to the left front tire being too close to the curb, making it impossible to place boot on same, then it should be placed on the right rear tire. After the device is placed on the vehicle, the immobilization warning notice is to be 18/17/2881 87:49 5515422189 GREENAORES PS PAGE 84 GREEN ACRES G- O. III-32 3 completed with the appropriate tion as follo%'s: informa- Time the immobilization device was placed on vehicle; The date the immobilization device was placE~d on vehicle; 3. Device n~umber; 4. Make of vehicle; 6. 7. 8. 9. 10. 11. IR. 13. 14. 15. 16. Year of vehicle; Model of vehicle; Color of vehicle; The license number and year; State of license plate and number; case Location of the vehicle; Condition of the hubcap prior to attaching the immobilization device; The amount of fine due. This infor- mation can be obtained by asking the dispatcher. The amount of fine given to you by the dispatcher should be increased by $25.00 immobilization fee; The amount of the tickets that are outstanding. This is also obtained from the dispatcher; Signature of the Public Safety Officer '[nstalling the device; Identifi,:ation number of the Public Safety officer installing the device; The Unit of the Public Safety Officer installing the device, e.g. Traffic or Patrol. 18/17/2881 87:49 5616422189 GREENACRES PS PAGE 85 GREEN ACRES G.O. III-32 4 The warning notice should be put in a 11 1/2 x 9" clear bag and then affixed by using tape to the windshield of the vehicle with the "WARNING" portion facing the vehicle interior. When taping the notice to the vehicle, make absolutely sure that the notice blocks the driver's view. The above information should be trans- posed on to Daily Immobilization Log. This will be the responsibility of the Public Safety Officer who a~tkched the device. ' ~ The Daily Vehicle Immobilization Log will be kept in the Squad Room. It is impor- tant that the times indicated on the log are correct. Please refer to the Daily Vehicle Immobilization Log: 1. Date the boot was put on; 2. The tag number of the vehicle; 3. State of the tag; 4. Model/make of the vehicle; 5. Color of the vehicle; 6. Vehicle location; Public Safety Officer I.D. and case number; Verifica'Zion (time Unit was called); Communications 9. Time device was put on and initials; 10. Device u:~ed and number; 11. Vehicle towed - yes or no; In the event that the vehicle is eventually towed, what company. 10/17/2001 07:49 5616422109 GREENACRES PS PAGE 06 GREEN ACRES G.O. Ill -32 5 Removing the Wheel Locking Device Upon the Public Safety Officer arriving on the scene, he will ask the owner of the vehicle for a receipt showing the fines and wheel locking device fee have been paid. After viewing same, the device will be removed from the vehicle and the "WARNING" will be removed from the windshield. The immobilization warning notice is filled out indicating the time that the devic~ was removed and the I.D. number of the Public Safety Officer removing the device. The "H~RNING" will be left in the Records Information Systems b?x f.o~ filing. The Public Safety Officer will'lndlcate in the Daily Immobilization Log the time the device was taken off the vahicle. Towing of the Vehicle If the vehicle hms been immobilized for twenty-four (24) h~urs, =he vehicle will be impounded. A vehicle storage report will be filled out. The owner will be responsible for any impound charges and storage fees incurred. Be sure to record the impound and wrecker company's name on the immobilization log, and on the C.A.D. generated case. Fine Payment From 9:00 a.m. to 5:00 p.m. the people with outstanding tickets will pay for them at the City of Greenacres City front desk. After 5:00 p.m. and on w.aekends, the fines will be paid at ~_he Green.acres city Department of Public Safety to the Uniform Patrol Team Leader by cash, mon.~y order or cashier's check only. Upon receiving the payment, the money (or check) along '~ith a copy of the receipt will be placed in the Finance ticket box. (The Communications copy of the computer sheet will have the current amount of any fines due and to that amoun~ should be added the twenty-five dollar ($25.00) boot fee.) Release: After 'the owner has paid for his/her tickets, the Finance Department or another Patrol Team Leader, will give the owner a receipt bearing the tag number of the 18/17/2881 87:49 5616422189 GREENAORES PS PAGE 87 GREEN ACRES G.O. III-32 6 vehicle booted. The tag number will then be removed from the computer sheet. Upon receipt of the outstanding fine money by the Finance Department or Team Leader, the Communications Unit will notify the Public Safety officer to have the vehicle released. 7. Storage of the Whe~l Locking Devices The devices will be kept in the equipment room adjacent to the Squad Room at H.Q. Each device will be kept in a separate c~Frying bag along with its lock, key, wrench, /i~mobiliza- tion warning notices, clear plastic protec- tion bags and tap,~. 8. Owners/Court Heari.ng Some owners of vehicles which have been im- mobilized may request a hearing. The Finance Office will take all the fines due, plus the $25.00 boot fee, release the vehicle and advise the owner to call the County Courthouse and schedule a co]irt date. It will be the vehicle owner's responsibility to contact the FinanceDepartment for a list of the ticket numbers. This will enable the court to subpoena the concel~ning Public Safety Officers who wrote the tickets. Tow-Away Zones - DEFINITION: The tow-away zones for this section shall include those areas where an erected sign prohibits or restricts the parking of certain vehicles in the area. Greenacres City authorizes certain restricted parking areas as "Tow-Away Zones". A vehicle found should be issued a parking ticket. Public Safety Officers who find vehicle(s) in violation of this parking restriction should make a reasonable effort to locate the owner/ operator of the vehicle prior to having the vehicle towed. Upon having a vehicle removed from a "Tow-Away Zone", the Public Safety officer will also 18717/2881 87:49 5616422189 GREENACRES PS PAGE 88 GREEN ACRES G.O. III-32 7 complete a vehicle :storage report. The Communications ]]nit will log the C.A.D. wrecker log and on %he C.A.D. generated case, the towed vehicle':~ color, year, make, model, manufacturer's series name, vehicle identifi- cation number, tag number, state and year. Additional information will include the date and time towed, reason for towing and the name of the Public Safe'by Officer authorizing the tow. Impounding Vehicles 1. When necessary for the heal'k, ' ety and welfare of the citizens of Greenacres City, motor vehicles may be removed from public streets and rights-of-way under Chapter 14 of the Greenacres City Code and any and all adopted amendments ~=0 Chapter 14. Peak Traffic Hours Greenacres city does not have any specific parking regulations during peak traffic hours. Public Safety Officers should, however, be attentive to parking violations that would hinder the flow of · I traffic during peak traffic hours. D/~ohn T. Treanor Public Safety Director 10/17/2001 WED 17:06 FAX 9548283734 CITY OF FT LAI~ PARKING ~002 § 26-113 FORT LAUDERDALE (2) For uny other pa~I~i~ violutio~ If the ~n who ~ei~ ~e d~on ~es ~e ~ta~on i~is ~~ for ~y re~o~ such ~n sh~ no~ ~e office ~ ~d~ ~ p~a~aph (1) ahoy. Such per~n sh~lI be ~ven ~e op~W ~ s~ obj~ons ~ ~e ~tafion wi~ t~e (3) da~ ~ ~e p~n~ ~ger ~ Ms de~ who ~ then m~e a d~ion as ~ the ~&ty of the ci~tion ~t~ t~ (3) da~ ~ere~r. If a derision is made ~t ~e cita~on is v~id, the ~ola~r ~ be no~ed ~d ~e limits wffi then be~ W ~ ~ p~ded ~ p~aph (1) above. (3) Cou~pr~eedi~s, H~e ~olaWr do~ not ~nc~ ~ ~e d~ion of the office ~at ~e me~r was ~nc~o~g p~ly ~ ~at the dragon is v~id then, upon noti~ of su& adverse dec.ion, su& pe~on sh~ request the office ~ obt~ a corn date bef~e one (1) ~the judges of~e ~ coup. ~no r~uest is made, the office ~ prep~e ~e c~e for ~tufion of cou~ proceeding. (C~e 1953, ~ 4~53.3; Ord. No. C-78-55, ~ 3, 5-2-78) ,~ec. 26-114. Motor vehicle immobilizing devices;, towing. (a) The city's parking manager or his designee is hereby authorized to attach a "Denver boot" or other nondestructive device, which prevents a vehicle from being moved under its own power, to a motor vehicle under the following conditions: (1) The motor.vehicle has, on at least four (4) prior occasions, been found stopped, standing or parked on any street, alley or thoroughfare within the city in violation of a state law or dty ordinance for which parking tickets have been issued and to which the registered owner has failed or refused to respond by requesting an administrative hearing before the parking manager or a court date to contest the parking tickets or by paying the civil penalties indicated upon the parkinE tickets or imposed by court order, (2) The registered owner of the motor vehicle has been given written notice by mail or otherwise that the provisions of this section will be enforced against the motor vehicle unless, not more than five (5) calendar days from the date of receipt of the notice, the owner shall pay the civil penalties for all such outstanding parking tickets, or request an administrative hearing before the parking manaEer to determine whether the immobilization of his vehicle is warranted or notifies the city that he has requested a court hearing, and (3) The registered owner of the motor vehicle has failed or refused to respond to the notice described in paragraph (a)(2) above by paying such civil p~nalties or requesting an ar]mlnistrative heari~l~ or court hearing; and (4) If the owner or operator of such vehicle requests an ar~minlstrative hearing, the parking manager shall grant an administrative hear/ng not less than three (3) but not more than ten (10) working days from the date of such request. At such heat/nE the parking manager shall determine if immobLlization shah be warranted if the parking manager finds ~hat the city has correctly followed the notice procedures of this section and there are a suiT/cient number of outstanding parking tickets, CD26:18 10/17/2001 ~ED 17:07 FAX 9545283734 CITY OF FT LA~ PARI/ING ~003 C== FORT LAUDERDALE § 26-114 (b) The parking manager shall mAint, i. a current list of all motar vehicles to which an immobilizing device may be attached pursuant to this section. (c) The immobilizing device shall be attached to the motor vehicle at any location within the dty where the motor vehicle may be found, if the location is in a right-of-way or a place where the public is invited to travel, except that no motor vehicle shall be imrnob/1/zed withill the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic. (d) At the time that an immobilizing device/s attached to a motor vehicle, a notice shall be aflixed to the windshield and to the left front window stating that the immob'flizing device has been attached and cautioning the operator not to attempt to operate the motor vehicle or to attempt to remove the immobilizing device. The notice shall inform the owner or operator of the motor vehicle of the total amount of civil penalt/es assessed under the citations for which the motor vehicle is immobilized, plus the removal charge for removal of the immobilizing device, and the location to which the owner or operator must go in order to pay the dvil penalties and removal charge and have the immobilizing device removed from the motor vehicle. (e) Except as provided in subsection (f) below, the immob~ll,l-g der/ce shall be removed from the motor veblcle only upon payment of the civil penalties assessed under the citations for which the motor vehicle has been immobilized, plus the removal charges, and upon the authorization of the parking manager of the city. (f) The owner or operaWr of a vehicle which has been imraobiU=ed with an immobilizing device shall have the right to request the parking manager to conduct an adminiswative heating for the purpose of determining whether such vehicle was properly immobili=ed in accordance with the terms of this sect/on. The hearing shall be held within t~venty-four (24) hours of such a request being made. The owner or operator requesting the hearing shall receive not/ce of its date, t/me and place at the time the request is made. If, upon the conclusion of the hear/ng, the parking manager determines that the vehicle was properly immobilized in accordance with the terms of this section, the owner or operator, in order to obtain the removal of the immobilizing device, shall either pay the dry the amount indicated in subsection (e) or post a bond in such amount guaranteeing payment within one hundred eighty (180) days. If the parking manager determines that the vehicle was not properly immobilized, the immobilizing device shall be removed immediately. (g) The removal charge for the authorized removal of an i~mobili~-in~ devise is hereby established in the amount of fifty dollars ($50.00}. (h) Az an additional remedy, if an immobilizing device remains on a motor vehicle for more than twenty-four (24) hours, any motor vehicle described in subsection (a) may be towed from any location where it may be found within the city, if the location is in a right-of-way or a place where the public is inv/ted to travel, and shall be impounded unt/1 the registered owner pays all outstanding civil penalties, the removal charge and the costs of towing and impoundment. CD26:19 10/17/2001 WED 17:07 FAX 9548253734 CITY OF FI LA~ PARKING ~004 FORT LAUDERDALE § 26-150 (2) In all areas of the ~ity which ar~ mined so as to permit flus ~peration of new and used car lots, it shall be unlawful for any person, as owner or operator of the lot, to park or display any automobiles, trucks, trailers or other automotive equipment closer to the street or sidewalk than the established building setback line. The area between the street or sidewalk and the establiahed building setback line shall not be paved or improve~] except for the purpose of/ngress and egress to such car lot. (3) On the street side of any vehicle stopped or parked at the edge or curb of a street. (4) On a sidew~l~. (5) Within an intersection. (6) On a cr~sw~. (7) Between a safety zone and the adjacent curb or w/thin th/rty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless signs or markings indicate a diJ~erent length. (8) Alongside or opposite any street excavation or obstruction when stopp/ng, standing, or parking would obstruct traffic. (9) On any ra/l~ad tracks. (10) On a bicycle path. (11) At any place where tr~c control devices proh/bit stopping. ih) No person shall stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers, and except when necessary to avoid conflict with other traffic or in compliance with the d/rection of a police officer or traf~e control device, in any of the following places: (1) In front of a public or private ~riveway. (2) Withl, fifteen (15) feet of a fire hydrant. Within twenty (20) feet of a crosswsll~_ at an interaection. (4) Within thirty (30) feet upon the approach to any flashing signal, stop s/gn, or traffic control signal located at the side of a street. (5) Within twenty (20) feet of the dr/veway entrance to any fire station and, wheu posted, on the side of a street opposite the entrance to any fir~ station within seventy-five (75) feet cfi' such entrance. (6) On an exclusive bicycle lane. (7) At any place where official traffic conl~ol devices prohibit st~-d/ng. (Code 1953, § 44-37(1); Orcl. No. C-73-64, § 2, 9-4-73; Ord. No. C-80-41, § 1, 5-20-80; Ord. C-84-62, § 1, 7-17-84; Ord. No. C-86-8, § 1, 2-4-86; Ord. No. C-95-2, § 1, 1-18-95) Sec. 28-130. Occupation of more th~ one sp~ce by o,~e vehicle. (a) No per~on sb_~ll stop, s_t~nd or park a vehicle in a m~nner that causes the vehicle or any portion thereof to occupy more than one (1) parking space; provided, however, that the provisions of this subsection sha[l not apply to parallel park[l~ spaces. When more than one CD26'~1 4-2S-1997 0:08AH FROM HOLLYWOOD responsible for parking rickel violafiom if the ~d~iclc involved ~ ~ ~ ~ ~1~ or ~ ~ ~, ~ or wn~l of some ~ who did ~z ~ ~ion ~ ~ o~o~ev~.~m~ ~~~e v~i~e ~volv~ ~ ~ ~e ~ swl~ ~ ~ ~ ~t~y or ~I of ~ ~n ~ ~d no~ ~vc ~ssion of ~e o~ to ~ ~e v~dc, ~1 ~ ~ ~e fern of a ~ ~m ~ ~~e ~ ~o~ ~stody ~ ~n~l of ~c o~ of ~ ('72 C~, ~ 34-1~9) (B) Penalty for nonpapaenr. After adj~on of §uilty by a cour~ of co~t jurisdiction or a written plea of guilty m any violation ia this chapter it shall be a separate violation for any perr~n m fail or refuse to pay the zextuired fine. ('72 Code, § ~4-140) (Ord. O-79-13, passed 3-7-79) E AUTHORITV OF CITY TO USE MOTOR IMMOBILIZING DEVICES. (A) The city's p~.ldng Systems Adminisu~or or his designee is hereby authorized m auach s 'Denver boot' or other ,~omtestructiv¢ device which prevents a vehicle from being moved under its own power, to a me,or vehi~e under flxe following conditions: (1) The motor vehicle has, on al least five prior o~asions, ~ found stopl~l, s~din~ or parked on any sue. et, alley or thoroughfare wid~i, the dty in violation of a state law or city ordinance, for which parkin$ ticke, s have been issued and to which the registered owner has failed or refused to respond by requesti~ an administrative hearing before the Parking Administrator or a court date to coute~ the parking tickets or by paying the civil penalties indicated upon the parking tiek~ or imposed by court order; and (2) The regism-ed owner of thc motor vehicle has been give~ notice by mail or othe~vis¢ that the provisions of this sect/on will be enforced sg~io_~ the motor vehicle unless, nol more than five calendar days from file da~e of receipt of file notice, the owner shall pay ~ civil penalties for all such outstandiag citations and summo~.s~S; and (~,) The regismed owner of the motor vehicle has failed or ref'ozed m respond to the notice described in d/vidon (AX~-) above, by paying such civil penalties or requesting a hear/ug or corot date for the purpose of comes~g the parking tick~. (B) The psddflg Admlni.~ra/or -d~tl lzlainrzi~ a cummz i~t of al~ motor v=hiclcs to which ;m i ,mmobilizing device may be a.~,,..4 pursuaat to figs seaioa. (C) The i,,,~,ob'dizlag device shs}l be aWched w ~e ~tor v~e ~ ~y l~on ~ ~e ~ ~ ~e ~ or a pl~ wh~ ~ ~lic ~ ~vi~ m ~vel; ~t ~. ~ motor v~le s~l ~ immobili~ ~ ~ ~v~ ~ of ~y ~ or ~ ~ ~nion of ~y s~ whm ~V~on ~ such p~ wo~d ~a~ a ~ ~ ~e ~blk ~ Zo ~c. (D) Al the ~ that an immobi~i=J-~ device is attached m a motor vehicle, a noQce shall lm affixed to the wind.qhield and ~o the left front window stating that the immobilizing device has been aa. ached and caution~g the opera~or not to auempt to remove the immobili~-i,~g device. The notice shall inform the owner or opera~or of the motor vehicle of thc uxal .m~ut of civil pemhies asse~ed under file citations for which the motor vehicle is immobilized. plus the removal charge for the removal of the immobiliz/ng device, and the location ~o which the owner or ol~erator mus~ ~o ia order ;o pay the civil pemlties and removal charge and have the immobili-i,,g device removed from the motor vehicle. (E) (1) Except as provided in division 0/)('2) below, the immobilizing device shall be removed from the mo~or vehicle only upon paymenI of the dvil assessed under the cilations for which r~ motor vehicle has been immobilize, plus the removal charges, ami upon the authorization of the Parking Administ'rator of rile ci~. (2) The owner or operant of a vehicle which has been immob'flized with aa immr~billvlng device shall II, ye the l'J~ht to ~ th~ ]:~Al'killg ~dm;ni~tl'atOr tO conduc~ an .administrative' he.a~.g for the purpose of de~ermiaing whether such vehicle was properly immobilized in accordance with the ~erms of this secQou. The hearing shall be held within 24 hours of such a request bein~ made. The owner or operator requesfiag ~he hearing shall receive notice of ils date, ~ ~,~ place at the time the request is m~e. If, upon the conduaion of the heariaE, the Parking Admi~i-~rator determines that 4-2~-1997 0;09A~ FRQ~ HOLLYWOOD the vehicle was properly immobilized in accordance with thc mrms of this section, the owner or operator, in order to obtain the removal of the immobilizing device, shall either pay the city the amount indicated in division (E)(1) above, or post a bond in such amount ~ payment within 180 days p~din§ the onIcome of a trial in county court which shall be requested by thc owner or operalor. If the Parking Adminlstralor de~ermines ~ thc vehicle was not properly immobilized, the immab~& device shall be removed iron~__iately. (F) The removal cie'ge for the authorized removal of an immobilizing device is hereby established in the amount of $30. (G) As an additional remedy, if an immt~bilizing device remains on a motor vehicle for more than 24 hours, any motor vehicle described in division (A) may be towed from any location where it may be found within the ci~, if the location is in a right-of-way or a place where the public is invited to travel, and shall bc impounded umil the registered owner pays all outstanding civil penalties, the removal charge and the costs of towing and impoundment. Code. Each instance whe~ a vehicle has been towed and said sections have not been complied with shall constitute a separate violation. A violation of § 72.054(A)(4) shall accrue to thc parking lot owner end parking lot managers only. ('72 Code, § 34-55) (Ord. O-91-20, passed 4-3-91) (B) . Any person who shall violate the provisions of § 72.052 shall, upon conviodoa thereof, be puaizhed by a fine of not more th~ $100 or by imprisonme, nr for more than tea days, in the discretion of the court. ('72 Code, § 34-47(c)) (Ord. O-79-13, passed 3-7-79; Am. Ord. O-88-14, pass~d4-6-gg) (C) Any person or firm found in violation of § 72.110 or 72.111 shall be liable for a fine of $100, pursmmt tO the jm'isdicdon of the county courL Parking citations for violations may be issued by any city officer with parkin~ cnforcemeat certification. Alternatively, a neighborhood improvement officer may cite an alleged violator with a notice to appear before a Code Enforcement Special Master, as provided in Chapter 36 of this Code. ('72 Code, § $4-95) (Ord. O-91-38, passed 6-19-91; Am. Ord. 0-96-07, passed 2-28-96) (II) This section shall be applied retrospmtively, such that an outstanding citation or summom issued prior to the effective date of this section (February 18. 1987) shall be includable in determining whether thc requiremems of division (A)(1) have been met. ('72 Code, § 34-139.5) (Ord. O-87-08, passed ~~gMIS$1ON OF I~YFORMATION TO THE DEPARTMIgNT OF mGIIWAY SAFETY. (D) The penah~ for a violation of § 72.155 shall be a fine of not more than $100 or imprisonment of not more than five days, or both, at the discretion of the court. ('72 Code, § 34-140Co)) (Ord. O-79-13, passed 3-7-79) (E) 'l~e following fines have been established for improper park : (1) Overt/me parl~ng and metered parla'ng. Any person found in violation of § 72.077 or 72.078 wes~ of 16th Avenue (Zone I) shall be liable for a fmc of $5. The Parking Systems Administrator is hereby authorized to supply the State of Florida Departm~t of Highway Safety with a magneaically encoded computer tape reel or cartridge, which is machine readable by the Dcpanmem's computer system, listing ~.-'rsons who have three or more outstanding parking violations of §4 72.140 and 72.141 for parking in spaces designated for use by disabled or handicapped persons. (Ord. O-91.71, passed 10-I6-91) (2) Overtime parking and metered parking: Any person found in violation of § 72.077 or 72.078 east of 16th Avenue (Zone 2) shall be liable for a fine of $15. (3) Improper parking. Any person found in violation of § 72.004 or 72.025 shall be liable for a fmc of $20. (4) Prohibited parking. Any person found in violation of §§ 72.002, 72.121(A), 72.006 through 72.008, 72.009(A), 72.010 ~xough 72.013, 72.015 through 72.019, 72.022, 72.024 through 72.026, 72.032, 72.051 or 72. I3I, shall be liable for a fine of (A) A violation of §§ 72.0~1 aml 72.053 through 72.058, after conviction by a court of comp~eat jurisdiction, is punishable as provided in § 10.99 of this 1996 S-15 Planning & Zoning Department MEMORANDUM THRU:~ .,~D~TOR OF PLANNING & ZONING FROM: ~" SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST RE: MEETING OF NOVEMBER t3, 2001 - CITY COMMISSION WORKSHOP CONSIDER A RECOMMENDATION FROM THE PARKING MANAGEMENT ADVISORY BOARD TO INSTALL PARKING METERS ON ATLANTIC AVENUE EAST OF THE INTRACOASTAL WATERWAY In a meeting of August 13, 2001 the City Manager, with a recommendation from the Parking Management Advisory Board, approved the installation of multi-space parking meters in the Gleason Street Lot (First Presbyterian Church). The lot will be opened to the general public, from 8:00 AM - 6.00 PM, Monday through Saturday, with the possibility of leasing the lot to a valet company in the evenings and Sundays after 2:00 PM (Conclusion of Mass). This usage was established in an attempt to recoup some of the associated expenses for the reconfiguration and monthly lease expenses. At their meeting of September 25, 2001 the Parking Management Advisory Board (PMAB) directed staff to research the feasibility of metering the on-street parking spaces along Atlantic Avenue east of the Intracoastal Waterway. The Board's intentions are: 1. To create greater turnover of the spaces along that section of Atlantic Avenue. 2. Help promote the use of the Gleason Street Lot (First Presbyterian Church). 3. Make the spaces available for the shoppers to the area. Staff's analysis includes the following comments: 1. Metering the spaces would likely decrease turnover times as people would feed the meter legally extending the amount of time they could park. Currently a two-hour limit is in effect. 2. If people parked on Atlantic Avenue did in fact feed the meter, lengthening their stay, the Gleason Street Lot would see an increase in utilization. 3. If, in fact, beachgoers were parking along Atlantic Avenue to avoid meter fees, metering Atlantic Avenue would encourage them park closer to their destination along Ocean Blvd. or in the Municipal Lots. However, those destined for the area of beach at the intersection of Ocean Blvd. and Atlantic Avenue may utilize these spaces for beach access during peak times thereby restricting access by shoppers. 4. An additional impact to metering Atlantic Avenue may result in an increase of people parking in the neighboring residential areas. At their meeting of October 23, 2001 the PMAB, by a 6 - 2 margin (Onnen and Costin absent) voted to recommend to the City Commission to meter the on-street parking spaces along Atlantic Avenue east of the Intracoastal Waterway simultaneously with the metering of the Gleason Street Lot. City Commission Discretion O Attachments: Citizen's Response to Notification ~REATER DELRAY BEACH Chamber of Commerce To: From: Date: Parking Management Advisory Board Members Bill Wood, President & CEO Parking Meters on Atlantic Avenue October 18, 2001 On behalf of our members and businesses on Atlantic Avenue east and west of the intracoastal, we respectfully request you to table/his discussion regarding parking me~[ers. As you know, the downtown Charrette recommended some possible parking solutions, including construction of parking garages east of the intracoastal. The city has contracted for a surface lot at the Presbyterian Church and is negotiating with Ocean Properties for shared garage space in what will be the new Marriott Residence Inn. These are all important components of a downtown parking system. We appreciate your efforts to develop an overall downtown parking plan and that plan may include parking meters to encourage off-Avenue parking. However, imposing meters now, with no place for customers to go, seems premature. In addition, the 2002 season is full of economic challenges resulting from the September 11 tragedy. Hospitality has been hit the hardest including our downtown restaurants, hotels and merchants. While we recognize the value of meters as part of a comprehensive downtown parking system, we feel this is simply not the time to impose meters, as an independent component, on scarce shopp.~rs and visit_._ors. Thank you for considering our request and I hope you will call me with any questions or to discuss our assistance or role in developing our downtown parking system. Copy: City Commission Members Dave Harden, City Manager Scott Aronson, Parking Management Specialist Greater Delray Beach Chamber of Commerce , 64 SE 5th Ave., Delray Beach FL 33483 , (561) 278-0424 FAX 278-0555 chamber~delraybeach.com ~ wwwdelraybeach.corn 1.~/22/2001 09:58 5612746228 NINA RAYNOR PAGE 81 '0: NINA RAYNOR 1031 E. Atlantic Ave. Delray Beach, FL 33483 (=Je~ 276-5714 FAX: lsat) 274-6228 COMPANY FACSIMILE TRANSMITTAL to ('z.',. Io~ ~ ;O-o FROM: ADDII~$ F~#UMB~ I III I I III IIIII I II COMMENTS NUMBER OF PAGES SENT INCLUDING THIS PAGE IF YOU DO NOT RECEIVE ALL PAGES, CONTACT WE ARE TRANSMITTING FROM THE FOLLOWING FAX EQUIPMENT I II AT I Im RECEIVED OCT 2 2 2001 Aronson, Scoff From: Sent: To: Subject: Carol Balistreri [CarolB@Balistreri.com] Monday, October 22, 2001 5:45 PM saronson@delrayplanning.org parking meters Carol J Bahstren (E-mall) v. To whom it may concern: I am opposed to the installation of parking meters in downtown Delray Beach This would also include the area East of the intracoastal on Atlantic Ave and elsewhere. Please consider my opinion at the meeting regarding this issue. Sincerely, Carol J Balistreri Sales Manager Balistreri Realty Delray Beach, FL Office (561) 330-1200 Fax (561)330-1201 Toll free 1-800-310-0890 For all your real estate needs, community information or to obtain free reports please visit our website. http://www. Balistreri.com mailto:carolb@balistreri.com AOL users: <a href=http://www. Balistreri.com>Click Here!</a> *** eSafe scanned this email for malicious content *** *** IMPORTANT. Do not open attachments from unrecogmzed senders *** 18/2!~2001 83:57 2G12747437 DMP PAGE 81 FAX COVER SHEET '-~6-3 F. ast Atlantic ~enue- Delray Beach, Fl. Tel. 561-274-7437 Fax.561-274-~4~7 $£hr~ 1'0: Fax Nm~ber:~ Pltos~ ,We: / Total page: ln¢is~d~g co.er ME$~4GE: RECEIVED o CT 2 2 2001 f"L~i~,~H,~u t~ ZUNiNG 10/1G/2001 11:85 5~19818217 VICTORIA LILLI4N PAGE 81 £1T¥ OF DELRrI'i' BEKI£H DELRAY BE~CH ~ ~J Spec,al Cou~esy ot~ce l/ / ~ ~~ ~ ~' ,~ / O¢ober 17, 2 1' RECeiVED Dear Neighbor: ~ ///~5 ~¢~ ' This spatial =u~asy notice is being distributed to info~ yo~ of Management Advisory Board meeting. The subject to be discussed will be the installation of parking meters along Atlantic Av=,~uc c=.~ ef-the4ntra~oastal,lEaterway to_Oz;ean Boulevard. Anyone wishing to address the Board regarding this issue is invited to attend. The meeting is scheduled for Tuesday October 23, 2001, at 5:30 PM, in the" ~nain conference room at City Hall, 100 NW 1s' Avenue. For those unable to attend the meeting, written comments may be submitted and should be forwarded to Scott Aronson, Parking Management Specialist by mail to the address -' GROM : SHELL GAME, INC. PHONE NO. : 561 2?8 7585 Nov. 13 2001 02:28PM PI A SEA ORIENTED SPECIALTY STORE 1145 E. ATLANTIC AVE. DELRAY BEACH, FI. 33483 SHELLS, CORAL, JEWELRY FROM THE SEA~ SOUVENIRS, WOOD CARVINGS, GIFTS. CHRISTMAS, WALL DECOR. 561-278-7500 FAX 561-278-7505 Graham Guthrie 4500 S. Ocean Blvd. Highland Beach, FL 33487 home: (561) 243-3388 work: (561) 278-7500 FAX: 561-278-7505 FACSIMILE COVER SMEET The following fax consists of this cover sheet ~ pages. Please call the number above if you do plus not receive legible copies of all pages. PHONE NO. : 561 278 7585 Nov. 13 2881 8~:28P~ P2 FROM : SHELL GRME, INC, November 12; 2001 Shell Game, Inc. l 145 E. Atlantic Ave. Delray Beach, FL 33483 Scott Arenson (fax only) re: parking meter petition Dear Scott; Hopefully I will have been able to talk to you prior to sending you the enclosed petition; however, m case I haven~ reached you, I will mention several of the circumstances which should be relevant ima consideration of of the munber of signatures. Unfortunately, I was unable to devote a great amount of time to circulating the petition, so that after a couple of efforts, it became obvious that I would probably not be able to reach those in several businesses who would be the appropriate ones to sign. I therefore made no further efforts to obtain signatures from restaurant owners, real estate brokers or owners, or stock brokerages. There were also several retail stores whose owners were unavailable. In view of the foregoing, I believe that the signatures which I did obtain indicate that a majoJ'ity of the retail merchants on this side of the bridge are in favor of the immediate installation of parking meters. Some of the concerns of those who did not sign the petition arc: 1. Solve the problem of lax enforcement of the present limits. A recent example: A car sat in front-of our store last Fridayl the 9th, from sometime before l 1 AM until 6:45 PM with no chalk marks and no ticket, m spite of our three calls to the police). 2. Several merchants with their own parking felt meters would aggrevate the use of their parking by non customers. ,' ~ROM : SHELL GAME, INC. PHONE NO. : 561 278 7505 Nov. 13 2001 02:29PM P3 I hope this petition will be helpful to the Commissioners in reaching their conclusions regarding our parking situation. Cxraha~n Guthrie FROM : SHELL GAME, INC. PHONE NO. : 561 278 ?505 Now. 13 2001 02:~9PM~P4 PETITION We, the undersigned East Atlantic Avenue merchants, hereby petition the Delray Beach City Commissioners to approve the installation of parking meters between the Intracoastal Waterway and A1A on East Atlantic Avenue, with a limit of one hour unless otherwise noted adjacent to each signature. BUSINESS NAME: SIGNATURE: STATE OF THE FLORIDA PROPERTY AND CASUALTY INSURANCE MARKETPLACE By: ArthurJ. Gallagher ff_~ Co. Pre September 11, 2001 "Surplus lines rates arc up-m some cases, increasing by triple-digit percentages at year end Among the sharpest increases are rates for property risks m catastrophe-prone areas, such as windstorm in Florida and earthquake m California Overall, property rates are up about 30%, but rates are even higher m windstorm areas Part of the mcrease Is because surplus bnes and admitted insurers have pulled back from this business and those that continue to write It can push up their rates Surplus hnes insurers have to pay more for their own catastrophe reinsurance coverage and this forces them to take on less risk and raise rates" Business Insurance, January 29, 2001 "Underwriters are becoming more rigid a characteristic sign of a harder market Senior managers are being called to task for poor performance., making them less inclined to offer deals. Insurers went into 2001 facing a hardening reinsurance market-the toughest since 1986 Insurers are being forced to accept more restrictive renewal terms and pay higher premiums Insurers will attempt to pass on their higher reinsurance costs to their customers m the form of higher premiums" "The firming of commercial property rates that began early last year accelerated during the past six months Many frrms with high property values are receiving commercial property renewal rate increases in the double digits. Some insurers have increased the required wind deductible from 2% to 5% in some areas of Florida insurers are increasing or eliminating wind caps" The John Liner Letter, February 2001 "Businesses nationwide are paying about 20% more than last year for property insurance, and Florida companies in hurricane-prone zones are paying as much as three times what they d~d in 2000 for coverage ..costs for coverage in hurricane-prone businesses in Florida and the Caribbean have doubled or tripled" St Petersburg Times, June 6, 2001 "The struggle to keep up profits, coupled with continued natural disasters and reduced competition in Florida, is creating 35%-400% increases on policy renewals for real estate developers and property management fu-ms, said Bang/Ladis, President of the property and casualty division of Seitlin. Scott Adams, Director of insurance htigation and risk management at lns~gnia/ESG in Greenfield, SC, drew a similar histor~eal assessment and said he is aware of rate hikes of 200%, especially along Florida's flood and wind-damage-prone East Coast" South Florida Business Journal--Broward E&tion, July 16, 2001 "According to national and regional data from the Council's 2nd quarter commercial P/C Market index, commercial insurance prermum rates surged forward last quarter with double-d~g~t increases in the five property/casualty hnes Hard market trends continued in all five commercial lines: auto, workers' compensation, property, general habthty and umbrella Increases ranged as high as 30%-100%. particularly property w~th catastrophic exposures" Council of Insurance Agents & Brokers, July 24, 2001 "Reinsurance prices are rising across most lines and regions, bringing prices more in line with the risks assumed But more increases are needed to push prices to truly appropriate levels, and the upward trend will continue at least into 2002 Though ~there have been no major catastrophe losses th~s year, a number of smaller, but s~gmficant, losses could well diminish capacity ~n coming years There are capacity shortages, notably. Florida Windstorm" Business Insurance, September $, 2001 "Years of under-priced business, worsenmg loss development, and events such as Tropical Storm Allison continue to wreak havoc on the balance sheets of U.S. remsurers--30 of which reported a total combined ratio of 115.6 for the s~x-month period ended June 30, 2001 The underwriting results mdicata that the premium increases seen in 2000 and year-to-date, which have been significant across-the-board, are not yet sufficient to bring this industry back rotc profitability, said Don Watson, Director of Insurance Ratings, for Standard & Poor's in New York" U.S. Re Rates, Losses Up, National Underwriter, September 3, 2001 STATE OF THE FLORIDA PROPERTY AND CASUALTY INSURANCE MARKETPLACE (Continued) Post September 11, 2001 "We believe large swaths of the reinsurance market are likely insolvent Uncollectible reinsurance Is going to be a problem We would call it close to a 100% probability that some reinsurers will fail and be unable to pay claims as a result of this event Reinsurance and insurance pricing will rise significantly This is not simply a function of reduced capacity 1) the World Trade Center disaster has made underwriters aware of new types of risk and larger potential losses; 2) the standard deviation of loss appears wider than was previously being priced into insurance coverages, and that will now be reflect in pricing, 3) the amount of risk capital required to support insurance rtslcs is greater than formerly understood, 4) the industry's liquidity needs also are greater than previously understood, a significant factor In an investing environment that only provides 3% returns on cash" Morgan Stanley Report, September 17, 2001 "Having sold "a pronuse to pay" the industry must now do so. Battered and bruised but not broke, the surviving members of the industry wall emerge in a world that views risk differently (Re)insurers will operate with an improved assessment &the risks they assume, a heightened awareness of the need to properly price for coverages, and an mcxeased demand for most forms of insurance". "There will be a severe capacity shortfall for many types of commercial coverages Prices will nsc. The rmmmum price for "capacity", trrespecllve of the modeled Probable Maximum Loss (PML), will nsc". IBNR P/eeirly, September 16, 2001 A.M. Best Company believes, however, that the U.S. and international insurance companies, although challenged by flus event, vail be able to meet their commitments despite the magnitude of the potential losses It is too early to predict the financial impact oftbese events A.M Best believes that losses are likely to exceed $30 billion, making flus the costliest catastrophic event in history The nature and location of the tragedy dictate that the majority of the losses will ultimately fall on the largest commercial earners, their reinsurers and the London market The segmenls most affected will be property, aviation, business interruption, workers' compensation, commercial liability and life insurance" A.M. Best, September 18, 2001 "Insurance executives met with President Bush to discuss the financial impact of the September 11 attack on the insurance industry The executives warned future terrorist attacks could strain the industry. Reinsurers are making it clear they will exclude coverage for terrorism going forward According to a Tillinghast report, reh,aurance capacity will be greatly reduced and reinsurers may redefine risk. The Business Interruption market vail harden and underwriting standards rethought" Ken Crerar, CIAB Report, September 24, 2001 "The estimate at this time shows that Lloyd's net exposure arising from the attacks is £1.3 billion (US$1.9 billion) This exposure is equivalent to 12 per cent of the market's 2001 capacity "Commenting on the estunate, Lloyds Chairman Sax Riley said "The long-term impact of the US attacks on the insurance industry is yet to be fully appreciated. Lloyd's is open for business and trading forward. Clearly there will be a contraction of global insurance capacity which will fuel the premium rate rises we've been seeing smee the last quarter of 2000" Briefing Note to the Lloyd's Market, September 26, 2001 "Industry analysts said the long-term impact of the disaster may, ironically, strengthen the larger, more stable property/casuaRy insurers by spurring a further hardening of the market and higher premium rates. We do forecast at flus stage a very, very tight reinsurance market for 2002, Blondeau (Scot) said, predicting that rates would nsc "spectacularly" Rates rmght even offset the impact &the losses from the disaster According to analysts, the World Trade Center losses will lead to higher pricing for catastrophe remsuance and commercial lines insurance The Cost of Terror, Best's Review, October 2001 "Obviously, sharp incxeases in insurance premiums for all forms of businesses axe to be expected. Some higher insurance cos'us, m effect, will be borne implicitly rather than explicitly, as firms choose to self-insure, at least in part, rather than lay offall of this risk In the marketplace". "These I~gher insurance costs, both explicit and implicit, endeavor to anticipate future losses" Testimony of Federal Reserve Chairman Alan Greenspan, Before the Joint Economic Committee, U.S. Congress, October 17, 2001 Safford, Jo, seph From: Sent: To: Cc: Subject: I lene_Abella@ajg.com Monday, November 12, 2001 5:37 PM Babin, Frank Safford, Joseph Re: Liability Insurance, United & Kemper Proposals I was unable to find out what, if anything, Ft. Lauderdale carries. Here are a few more for your review: Orange County $10MM XS $1MM SIR (They had been completely self-insured for many years and began purchasing excess cover about 3 years ago. They are purchasing with a similar philosophy as yourselves) Clay County School Board $1MM - $100,000 SIR City of Lauderhill $3MM - $100,000 SIR Please note on the below Cities with $50,000 - $100,000 SIRs. The limits are inclusive of SIRs, not excess of SIRs. If we can be of any further assistance to you, please do not hesitate to call. Let us know how things go at the workshop tomorrow. Thanks. ************************************** Ilene D. Abella, CPCU, ARM Senior Account Executive Arthur J. Gallagher & Co.-Miami Tel.: (305) 592-6080 Fax: (305) 592-4049 ilene_abella@ajg.com "Babin, Frank" <Babin@ci.delray-be ach.fi.us> 11/12/01 11:56 AM To: "Safford, Joseph" <Safford@ci.delray-beach.fl.us> cc: "Ilene A (E-mail)" <ilene_abella@ajg.com> Subject: Liability Insurance, United & Kemper Proposals I have confirmed with Ilene that civil rights violations (e.g., Cook claim) would be covered under the subject policies. Ilene said the current premium quotations for $5 MM excess of $1MM would be valid until 11/30/01. You expect a decision at the 11/20/01 City Commission meeting. The following government entities have the following limits, $$millions (actual insurance) "excess (X)" of $$$thousands (SIR): WPB Coral Gables $1MM X $100K $2MM X $100K Mi~imar Miami Sores Naples Palm Beach Riviera Beach Miami/Date County (airport, bussing, etc.) Miami Beach Ft. Lauderdale Lauderdale Boynton Beach Boca Raton $1MM X $100K $SMMX $50K $1MM X $100K $10MM X $100K $3MM X $100K Totally self insured, except specialty risks Totally self insured Ilene will try to get Ilene will try to get No answer (holiday?) No answer (holiday?) I will be out this afternoon for the Graham WC mediation. To: From: Date: David T. Harden, City Manager Joseph M.~inance Director November 1, 2001 Subject. Third Party General and Auto LiabiliW Insurance Coverage This memorandum is in response to the City Commission's request for a review of the City's general, auto, and public official's liability insurance and our policy of self insuring these exposures. The City of Delray Beach does not presently insure general, automobile, and public official's liability exposures; therefore we are self-insured for all claims. This has always been the policy of this City to the best of our knowledge. This policy was probably recommended because of several basic premises. First, the State of Florida limits our liability exposure in these areas to $200,000 per claim (the sovereign immunity statutes). Any claim exceeding $200,000 requires the filing of a claims bill with the Florida Legislature. Second, many of the third party liability areas are sensitive in nature and require an extremely close working relationship between the City Attorney, City Staff, City Manager, and City Commission in order to resolve the claims without disrupting operations. The insuring of this general liability area could bring in third party attorneys from the carrier who may, or may not, be understanding of this sensitivity and be more "bottom-line" oriented (looking out only for the interests of the carrier) disregarding the subsequent impact of their decisions on our employees or operational responsibilities. In contrast to these statements, the City has to weigh their potential liability exposure and the possible impact of a severe catastrophic claim and the cost to insure these types of claims. Federal cases involving sexual discrimination, American Disabilities Act, civil rights, etc. are not limited by the sovereign immunity statutes. We transport large numbers of children in the After School Program and summer camp activities. There has to be some point at which the City would be negatively impacted to the extent the settlement of a claim could possibly jeopardize the financial condition of the City, impact our ability to provide services, cause employee hiring and retention problems, affect our bond ratings and overall credit worthiness, or other similar impacts. In other words, the City has to weigh all these factors mentioned and determine the "best fit" for our risk management policies, to determine our tolerance level for a catastrophic claim, and at what level would we accept third party attorney assistance. Several meetings have been held regarding these issues with our broker, A.J. Gallagher, the City Attorney and the Finance Department (Finance Director and Risk Manager). We received and reviewed the past 10 years of liability claim costs in excess of a $100,000 deductible self-insured retention (SIR). We then prepared schedules of those claim costs had we been insured using the various levels of deductibles ($100,000/ $250,000/$500,000/$1,000,000). These schedules are attached for your review. With the understanding that the property/casualty insurance market is not currently favorable, our broker, A.J. Gallagher, solicited premium quotes from nine different liability insurance carriers. Six of the nine refused to quote for various reasons (loss history, size of account, property too near the coast, etc.). One of the respondents was excessively high. Therefore, we reviewed the remaining quotes from United National Insurance (our current package policy carrier) and Kemper Insurance for various levels of deductibles and coverage terms. In analyzing the policy terms of the two remaining respondents, the insurance entities generally provide similar coverage. However, there are a few noted differences: · Coverage for "Errors and Omissions" is on a "claims made basis" for United National Insurance and on an "occurrence basis" for Kemper Insurance. Claims on an "occurrence basis" generally are less restrictive as to when a claim must be reported · Coverage for "Sexual Harassment" is included in Kemper Insurance policy but must be endorsed into the United National Insurance policy at an added cost · Limited inside defense costs (City Attorney, etc.) apply to our deductible SIR in the Kemper Insurance but not in the United National Insurance · Defense costs are covered by Kemper in addition to the policy limits whereas they apply to the policy limits by United · United National Insurance premium quotes are much higher than Kemper Insurance Based upon this information, we would recommend Kemper Insurance be awarded the insurance for general liability, auto liability and public official's liability if we decide to approve this coverage. We would recommend that our policy limits be a $1MM deductible with $5MM excess insurance above this deductible at a cost of $78,900. Considering our past claims experience, that we currently have no insurance, and that we desire to cover a catastrophic event only, this policy would provide coverage in this area and minimize outside legal participation for events less than these limits. This $78,900 can be covered by our current Project Reserve Account with no further budgetary impact. Please contact this office if you have any further questions or comments. Cc~ Susan Ruby, City Attorney Frank Babin, Risk Manager City of De/ray Beach, Florida Third Party Excess Liability Claims Listing Ten Po/icy Years, As Indicated Policy Period 10/1/99-00 10/1/96-97 10/1/94-95 10/1/93-94 10/1/91-92 10/1/90-91 Paid $12,271 $205,441 $86,387 $163,609 $481,786 $173,405 $346,929 $191,600 $220,977 $105,826 $225,752 Incurred $117,000 $1,515,000 $150,000 $163,609 $481,786 $173,405 $346,949 $191,600 $220,977 $105,826 $225,752 City of Delray Beach, Florida Third Party Excess Liability Claims Analysis Ten Po/icy Years, As Indicated Policy Period October I 1999-00 October 1 1998-99 October 1 1997-98 October 1 1996-97 October I 1995-96 October 1 1994-95 October 1 1993-94 October 1 1992-93 October 1 1991-92 October 1 1990-91 Total #Claims INCURRED Excess of $100,000 SIR Total PAID Excess of $100,000 SIR Total INCURRED Excess of $100,000 SIR 2 0 0 1 0 1 3 0 1 3 $105,441 $0 $0 $0 $0 $63,609 $702,120 $0 $91,600 $252,555 $1,432,000 $0 $0 $50,000 $0 $63,609 $702,120 $0 $91,600 $252,555 11 $1,215,325.00 $2,591,884 Policy Period October I 1999-00 October I 1998-99 October 1 1997-98 October 1 1996-97 October 1 1995-96 October 1, 1994-95 October 1 1993-94 October 1 1992-93 October 1 1991-92 October 1 1990-91 #~laims INCURRED Excess of $250,000 SIR Total PAID Excess of $250,000 SIR $0 $o $0 $o $o $o $328,715 $0 $0 $o Total INCURRED Excess of $250,000 SIR $1,265,000 $0 $0 $0 $0 $0 $328,715 $0 $0 $0 Total 3 $328,715 $1,593,715 City of De/my Beach, Florida Third Party Excess Liability Claims Analysis Ten Policy Years, As Indicated Page 2 Policy Period #Claims INCURRED Excess of $500,000 SIR October 1, 1999-00 1 October 1, 1998-99 0 October 1, 1997-98 0 October 1, 1996-97 0 October 1, 1995-96 0 October 1, 1994-95 0 October 1, 1993-94 0 October 1, 1992-93 0 October 1, 1991-92 0 October 1, 1990-91 0 Total PAID Excess of $500,000 SIR $0 $o $o $o $0 $0 $o $0 $0 $0 Total INCURRED Excess of $500,000 SIR $1,015,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total 1 $0 $1,015,000 Policy Period #Claims INCURRED Excess of $1,000,000 SIR October 1, 1999-00 1 October 1, 1998-99 0 October 1, 1997-98 0 October 1, 1996-97 0 October 1, 1995-96 0 October 1, 1994-95 0 October 1, 1993-94 0 October 1, 1992-93 0 October 1, 1991-92 0 October 1, 1990-91 0 Total PAID Excess of $1,000,000 SIR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total INCURRED Excess of $1,000,000 SIR $515,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total 1 $0 $515,000 Z 0 Arthur J Gallagher & Co. - Miami 8200 NW 41=, Street, Suite 200 - Miami, FL 33166 Date: November 13, 2001 From: Frank Babin, ARM City of Delray Beach To: Ph.# Lisa Rodriguez, ARM Senior Account Manager (305) 592-6080 (800) 488-3003 (FL Only} Fax~ (561) 243 - 7156 Fax~ (305) 592-4049 RE.' Package - General Liability Declinations Number of Pages Including Cover: 2 Dear Frank: In accordance with your conversation with liana Abella, enclosed you will find an explanation of the reasons for Declination we received from the insurers to which your coverage was submiffed, Most insurance carriers do not provide what you would consider formal notices of declination for presentation to the insured. If needed, we would be happy to obtain such declinations for your files for the Commission meeting next Tuesday. Should you have any questions regarding the information provided or need further clarification, please let me know. Thank you, ] PRIVILEGED AND CONFIDENTIAL I The information contained in this facsimile message is legally privileged and confidentisHnformation intended orfly for the use of the individual or entity named above. If the reader of this message is not the intended reclpler~t, you are her~.~'/ notified tha! any dissemination, distribution or copy of this massage is strictly prohibited, if you have rec~¥ec. :: - facsimile in error, please immediately notify us by telephone and return the original message to us au the ~.cc.;~. referenced above vie the United States Postal Service. Thane you Page 2 Frank Babin, ARM City of Delray Beach insurer "i... Line of C~overage ._. Reason for Declinatio. n .... Genesis Excess Liability and Provided a quote, which was reviewed by Excess Workers City of De[ray Beach, but it was no';: Compensation competitive. United National Package Program Provided a quote, which was reviewed by the City of Delray Beach, but it was not competitive. Kemper/SIRPRO Excess Liability Provided a competitive quote, which is currently under consideration by the City of Delray Beach. Coregis Package Program After, many conversations with the underwriter and having provided substantial additional information and clarification of the data submiffed, we received a telephone message from the Regional Vice President, Tom Broidrick advising that they had decidecl to not offer a quote due to the City's Loss History and their lack of Capacity for Florida Coastal Properties. Zurich American Package Program After reviewing our submission, adviseo were not really interested in Florida Pubic Entities, although they do insure public Entities in other parts of the country. International Excess Liability Declined to quote, did not think that they Placement could compete with current program and did Services. not wan[ to go through the exercise of providing actual quote. St. Paul Package Program Declined to quote, did not think '~r.~': ':.~.~ could compete with current program and did not want to go through the exercise of providing actual quote. Wausau Package Program Declined due to size of risk (Population Co./Target Capital exceeds their maximum) and Florida Coastal Exposure, 58 0 0 0 I., 0 0 > ~ CD. 0 X 0 ~. ~ ~ E ~ ~ o o o o '~ 8© ~ o o 0 0 ~ 0 X X X X ~ ~ X 0 ~ O ~ 0 ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ I '-- I N '-- ~ ~ N '-- · ....... --N '-- ~ N 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 C ,-- ~ ~ ~ C ~ C ~ C ~ ~ C ~ ~ ~ ~ ~ X X X X X X X X X X X X X X X X X W W W ~ W W W ~ W W W ~ ~ W ~ ~ C ~ o > x - E ~ · o d E m E ~ - ~ > o ~ o d o E ~ ~ = E : · - = o = ~ g '~ o o = ~ o E - ~ o - ~ : - - · - ~ e .- - = - ~ ~ o ~ o ~ = ~ _ ~ ~ ~ o = .- ~ .- - - = ~ E ~ ~ -~ = ~ ~ ~ ~ z 0 C ~ __ 0 E .-- ~ ~ ~ ~ .-- · -- '~ ~ -- '-- 0 -- . ~ ~ ~ __ g 0 0 0 0 o 0 E E E E E E · 0 0 0 0 0 0 0 0 0 0 0 0 x x x x x x x '~ ~ x A = --.9 ~ E d ~ E 0 o o ~ o ~ E ~ ~ R~ = ~ o '- 0 0 ~ = c o ~ -- ~ o o ~ ~ ~ 0 · -- ~ ~ ~ ~ ~ '~ ~ -- __ .- 0 '--~ ~