03-10-05 Agenda Special
DELRAY BEACH Pf<A
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AlI-AnBicaClty
, III J!
1993
2001
CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
SPECIAL MEETING - THURSDAY. MARCH 10.2005
6:00 P.M. COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual
with a disability an equal opportunity to participate in and enjoy the benefits of a service, program,
or activity conducted by the City. Contact Doug Randolph at 243-7127, 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 MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Jeff Perlman has
instructed me to announce a Special Meeting of the City Commission to be held for the following
purposes:
1. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of
the March 8, 2005 First Nonpartisan Election.
2. RESOLUTION NO. 9-05: Consider approval of Resolution No. 9-05 authorizing the City
to purchase property located at 80 Depot Avenue to provide land for the City's storage
facility; and Contract for Sale and Purchase between the City and Trackside Brothers, liC in
the amount of $1,575,000.00.
3. ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH FLORIDA
WATER MANAGEMENT DISTRICT (SFWMD): Authorize staff to submit a grant
application to the South Florida Water Management District (SFWMD) in the amount of
$300,000.00 for alternative water supply funding.
4. CONTRACT AWARD/ROSSO PAVING & DRAINAGE. INC.: Approve a contract
award to Rosso Paving & Drainage, Inc. in the amount of $149,947.50 for the installation of
concrete slabs, sidewalks, and curbs for the Bus Shelters Project. Funding is available from
334-3162-544-65.70 (General Construction Fund/Bus Shelters).
5. 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.
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CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
SPECIAL MEETING - THURSDAY. MARCH 10. 2005
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING AS A WORKSHOP ITEM:
WORKSHOP AGENDA
1. Discussion regarding the Clean and Safe Budget
********************************************************************************
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.
MEMORANDUM
TO:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CTIY MANAGERct1
CITY CLERK
AGENDA ITEM # SP, i-SPECIAL MEETING OF MARCH 10. 2005
MUNICIPAL ELECTION RESULTS/MARCH 8. 2005
THRU:
FROM:
DATE:
MARCH 9, 2005
Presented for your review are the official cumulative totals for the regular, absentee and provisional
ballots as certified by the Supervisor of Elections for Palm Beach County, indicating the results of the
Flrst Nonpartisan Election held on Tuesday, March 8, 2005.
FIRST NONPARTISAN ELECTION
COMMISSION MEMBER - SEAT #3 -1WO YEAR TERM
JAYNE KING
JON LEVINSON
569
1.937
MOTION
Approve the cumulative totals for each candidate for Commission Member/Seat #3, including all of the
regular, absentee and provisional votes as presented, and that it is hereby declared, based upon the
above and foregoing results, that Jon Levinson is elected as Commission Member/Seat #3 for a two
year term commencing on the 31 sl day of March, 2005, and ending in accordance with the City Charter.
S/CC/EleCtlons/2005 Elecl10n Results
cc: City Attorney
Department Heads
AM.'\ ~~~ ~ ~ CS~i.
UnUorm_Munlcipal_2005
March 8.2005
OFFICIAL RESULTS
Cumulative Totals
JUNO BEACH(2)(M)
COUNC~LMEMBER SEAT
CITY COUNCIL SEAT A - BOCA RATON
m Beach County
(.J
o
a.: GISTRATION & TURNOUT
m Beach County
4
of
4
Complete Prec;ncts:
Under Vo~es:
OlrEir Votes
of 46
28a
~
Complete Predncts:
Under Votes:
Over Votes
269 of 269
260,615
Complete PrecJI\cts
[-
CO
(.J
'.D
'.D 'al Registration
LJì
'.D
1
o
248 ~8.81%
203 3171%
88 29.42%
~
Joh n T. Callaghan
Oalliel K Corbe"
Mort Levine
6.80%
83.20%
1,601
6.917
Gal)' Smolinski
Susan Whe'c!lel
3.65%
1.04%
0.00%
469%
38,8S7
2,915
9
41,8
M ,ction Day Ballols Cast
If: sentee Ballols Cast
)'ISlonal Ballots c"sl
t<J I Ballots Cast
JUNO BEACH(2)(M)
COUNCILMEMBER SEAT 5
BOCA RATON
CITY COU NCIL SEAT e
79,~%
20.42%
28
o
495
27
4 of 4
Complete Precil1cts
Under Votes:
Over Voles:
Jim Lyons
Fran\¡ S. O'ConnOl'
26.04%
73.96%
48
516
o
2,732
7,759
48 0/
Complete Precincts:
Under Votes'
Over \lotes
Spencer B. Siegel
Peler R. Baronot!
2 of 2
o
80 55,56%
44 44.44%
ATLANTIS
Complele Precincts:
Under Votes:
Over Volas:
chael C Dahlgren
IC J. Mangion e
AT 4
NORTH DISTRICT· JUPITER
32 YEAR - DELRAY 9EACH
SEAT
COMM ME MBER
23
21
o
2,046
1.903
of
23
Complete Precl n <:tg
Under Vote!>:
O~ Votes:
2271%
77.29%
"5
19
o
~9
937
4.5 of
Complete Predncts
Under Voles.
Over Votes.
Jayne Kmg
Jon Levinson
7 of 7
66
o
271
602
:AT A . BELLE GLADE
Complete Precincts
Unðer Votes
Over Votes
cr:
o
if'
....
ã:
H: .<:hard H,arris
¿¡;: ay Torres Sal1chez
\£!
Õ
....
f-
, ,
ÜJ
...J
W
LL
o
51,61%
4819%
Rober1 M. Frie<lmaf1
Kathleen G. Kozinski
1
31.04%\
66.96% f COMMISSIONER· HIGHLAND BEACH (VF2)
JlJPITER
SOUTH DfSTRICT
23
959
o
,527 50.71%
,«!4 49.29%
014
Page
23 of
1
Complete Precincts
Under Votes:
Over Votes:
4
ISO
o
:300 20.00%
594 40,57%11 Don Oaniels
5&4 38 52% David Harris
of
4
2
Complete Prec.1ncts
Urnler Voles.
Oover Votes.
Roberta M. Kru\a
James IN. Nev¡;U
Rachael Sc;ala-Pistone
Number to Vote For
82 94%
7.06%
48 01 46
90
o
9,055
862
A,'tOR· BOCA RATON{2)
Complele PleCln~ts·
Unde r Votes.
Over Votes.
[-
r,J
'.D
...j
LJì
Glteven Abrams
,...,
GJlark D, Boykm
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER wv{
SUBJECT: AGENDA ITEM 5 {>- t - SPECIAL MEETING OF MARCH 10. 2005
MUNICIPAL ELECTION RESULTS
DATE: MARCH 4, 2005
Information regarding Special Meeting Item SP.1, "Municipal Election Results", will be sent to you on
Wednesday for your review.
s: \ City Clerk \ agenda memos \ Municipal Election.03.1O.0S
Harden, David
Page 10f2
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Message
To: Ruby, Susan
Cc: Hasko, Richard
Subject: FW: Thoughts
What do you think of this? It sounds promising to me, and helps solve the funding source problem.
-----Original Message-----
From: Keenl Kerry
Sent: TuesdaYI March 011 2005 1:46 PM
To: Hardenl David
Subject: Thoughts
I am aware that discussion is scheduled tonight about a multi-faceted solution to the Lake Ida storage facility at
the EIS complex; and that next week a workshop item is to be considered to the purchase of the train station. I
have a several thoughts that I would like you to keep in mind with reference to the latter issue.
· First, the Boca training site project seems to be bogged down again. Our agreement gives us the ability to
"exit" the agreement if Boca does not begin construction on Phase I "on or around November, 2004". They
have not. Further, the phase II contribution can be abandoned if Boca does not begin construction on
Phase I "no later than March 1,2005". That is today, and they have not.
· Second, I have taken a quick look at the train station site and see a clear possibility that we could
effectively use the south portion of the building and the open area to provide appropriate instruction and
support space and provide for a location for a "training structure" south of the existing facility along with
sufficient paved surface to routinely support drill and training evolutions. That open space would also be
sufficient to annually test hose, apparatus, and aerial/ground ladders which now are done at a variety of
sites depending upon availability, as well as provide some driver training course opportunities.
· Third, the existing structure could also accommodate a "relocation" of our Clinical Services Unit, freeing up
several spaces here at Headquarters which would help in the short term with our space problem. While
not a total or permanent solution, it would help with the immediate problem. Additionally, our parking
"crunch" would be somewhat helped by diverting some of those related needs to the training facility site.
· Fourth, the train station is very central to our service area and would, in many respects, be better for day to
day training and service access than even the Boca site.
-".~
· Fifth, the northern portion of the building and-site could be "land ba"nked" and utilized for other city needs
as they occur with a "watchful tenant" potentially occupying the southern section.
· Sixth, use compatibility for the type of training we would envision on such a site would not be in conflict
with area uses. (very hard to find). We would not be doing "smoky stuff'.
.~......
· Seventh, site acquisition could be helped by the immediate availability of the allocated 500K in the current
3/1/2005
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Message
Page 2 of2
CIP. Construction cost for the training structure, facility modification and site work would have to be added
to the overall project cost as a plan is developed, but all of that could be phased.
This does seem like it should be considered along with what Dick is proposing, not as a replacement, but as an
addition. --1 think with the escalating land prices, we may not have this type of opportunity again and we would be
doing some reasonable cost "land banking" in the interim. Obviously, this is only a concept right now, but I bring it
forward for your consideration.
Kerry
---
3/1/2005-
~
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW l<;r AVENUE· DELRAY BEACH. FLORIDA 33444
TI:::LEPHO:\'E. 561!2-1-~-7()90 . FACSI\rIILE: 561/278-4755
DELRAY BEACH
F LOR I D ^
DaI:II
All-America City
Writer's Direct Line: 561/243-7091
, III I! DATE:
1993 TO:
2001
MEMORANDUM
February 24,2005
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
80 Depot Avenue
Bill Plum submitted an offer to buy the above property for $1,400,000.00.
We have received a counter-offer to sell the above property for $1,575,000.00.
The contract provides that the City will have ninety (90) days to conduct due
diligence inspections of the property.
Please place this contract on the March 10, 2005 Special Meeting agenda.
~
Attachment
Cc: Chevelle Nubin, City Clerk
Bill Plum
Sf-a.-
RESOLUTION NO. 9-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located
at 80 Depot Avenue, Delray Beach, Florida, to provide land for public purposes; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described
to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property for the purpose described above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from Trackside Brothers LLC, as Seller, land for public purposes, for
the purchase price of One Million Five Hundred and Seventy-Five Thousand Dollars
($1,575,000.00) or a lesser amount as determined by the City Commission and other good and
valuable consideration; said parcel being more particularly described as follows:
18-46-43, The part of south % of east NE ~ lying east of and
adjacent to SAL RIW, Palm Beach County, Florida.
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein.
PASSED AND ADOPTED in regular session on the
day of
, 2005.
MAYOR
Attest:
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: TRACKS IDE BROTHERS LLC, a Florida limited liability company("Seller"),
of 3 Ocean Harbour Circle, Boynton Beach, FL 33435, and CITY OF DELRAY BEACH, a
Florida municipal corporation, ("Buyer"), of 200 NW 1st Avenue, Delray Beach,
Florida 33444 (Phone: 561-243-7090), hereby agree that the Seller shall sell and
Buyer shall buy the following described Real Property and Personal Property
(collectively "Property") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("Standard(s) ") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase ("Contract").
I. DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida: See Legal Description attached hereto
Property Control No. 12-43-46-18-00-000-1440 & 1290
(b) Street address, city, zip, of the Property is: 80 Depot Avenue,
Delray Beach, Florida
(c) Personal Property:
II.
PURCHASE PRICE: ...................................
PAYMENT:
$1,575,000.00
(a)
Deposit(s) to be held in escrow by Robert W.
Federspiel, P.A. in the amount of
$
78,750.00
(b)
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or prorations
TOTAL
$
$
1,496,250.00
1,575,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the parties on or before February 25, 2005, the deposit(s) will,
at Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") will be the date when the last one of the Buyer and the Seller
has signed this offer. A facsimile copy of this Contract and any signatures
thereon shall be considered for all purposes as originals.
IV. TITLE EVIDENCE: Within ten (10) days from the satisfaction of all
contingencies set forth in Section XI of the Addendum to this Contract, (CHECK
ONLY ONE) : X Seller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; 00- Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
abstract of title or X title insurance commitment (with legible copies of
instruments listed as exceptions attached thereto) and, after closing, an owner's
policy of title insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered ninety (90) days from the Effective Date, unless
modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
Page 1 of 6
appearing on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein) i taxes for
year of closing and subsequent years i assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing.
VIII_ TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of this
Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) ___may assign and thereby be
released from any further liability under this Contract; may assign but not be
released from liability under this Contract; or ~may not assign this Contract.
X_ DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
(c) If the Real Property includes pre-1978 residential housing then
Paragraph Error! Reference source not found. is mandatory.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X
---------
CITY OF DELRAY BEACH TRACKS IDE BROTHERS, LLC
By: By:
Buyer Date Seller Date
Tax ID No. Tax ID No.
Deposit(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A.
By:
BROKER'S FEE: The brokers named below, including listing and cooperating brokers,
are the only brokers entitled to compensation in connection with this Contract:
Name:
Cooperating Brokers, if any
Listing Broker
Page 2 of 6
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
TRACKS IDE BROTHERS, LLC, a Florida limited liability company
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS: 80 Depot Avenue, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have ninety (90) calendar days from the Effective Date
wi thin which to conduct any and all feasibility studies and determinations
relative to the suitability for the acquisition of the subject property by the
Buyer and the Buyer reserves the express right to terminate this Contract at any
time during said period for any reason or no reason, in Buyer's sole discretion,
whereupon Buyer shall receive a full refund of all deposit monies paid hereunder.
Buyer shall be granted reasonable access to the premises to conduct such
feasibili ty studies and determinations, including environmental assays, core
drilling, surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach within forty-five
(45) days of the Effective Date.
SELLER'S INITIALS:
BUYER'S INITIALS:
Page 3 of 6
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (l)An abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
Florida licensed title insurer agreeing to lssue to Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to
liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by
Seller at or before closing. Seller shall convey a marketable title subject only to 11ens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s),
failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written
notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within WhlCh Seller
shall use diligent effort to remove the defects; or (2) requesting a refund of deposit (s) paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in
title withln the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall elther
waive the defects, or receive a refund of deposit (s), thereby releasing Buyer and Seller from all further
obligation under this Contract.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller
shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if
second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall permit
acceleration in event of transfer of the Real Property; shall require all prior lien and encumbrances to be kept in
good standing and forbid modifications of or future advances under prior mortgage(s); shall require Buyer to
maintain policies of lnsurance containing a standard mortgagee clause covering all improvements located on the Real
Property against fire and all perils included within the term "extended coverage endorsements" and such other risks
and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage,
note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require
clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and
loan institutions or state or national banks located in the county wherein Real Property is located. All Personal
Property and leases being conveyed or assigned will, at Seller's option, be subject to the 11en of a security
agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the
perlodic payments thereon.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property
surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property
or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any
restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
S TEI1JUTES. Bl'i}er, at Bl'i}er's enpease, itHia time alIa eà ta àeli er e iàeaee af title aRà ta eJEamae Sallie, ftla}
Ha e Real P!'apert} iaspeeteà 13} a Flariàa Certifieà Pest Caatral Gpef'atar ("Ol3eratar") ta àeteFllliae if tHere is afl}
iai13le aeti e termite iafestatiaa ar isi13le enistia~ àaæa~e fram teFlllite iafestatiaa ia tHe Prel3ertì. If elther
ar 13atH are fel'iaà, Bl'i}er ill ha e 1 àa}s frem àate ef rittea Hetiee tHereef itHia HieH te Ha e eest ef
treatmeat, if re~ireà, estiæateà 13} tHe 9perater aHà all àama~e iaspeeteà aaà estimateà 13} a lieeaseà 13l'iilàer er
~eaeral eeatraeter. Deller sHall pa} allà easts af treatmeat aHà repair af all àama~e ~ te the amel'iat pre iàeà ia
Para~rapH (a). If estimateà eests eneeeà tHat amel'iat, Bl'i}er sHall Ha e tHe eptiea ef eaaeelia~ tHis Ceatraet
itHia S àa)8lãfter reeeipt ef eaatraeter's repair estimate 13} ~i ia~ rittea aetiee te Deller er Bl'iìer ma} eleet
te preeeeà itH the traasaetiea, aaà reeei e a ereàit at elasia~ ea the amel'iat pre iàeà ia Para~rapH _____ (a).
"Termites" shall 13e àeemeà te iaell'iàe all eeà àestre}ia~ er~aaisms re~ireà te 13e reperteà l'iaàer tHe Fleriàa Pest
Caatrel ~et, as ameaàeà.
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property
sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard
A.
F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and
estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit,
and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign
all original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding
date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or
waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in
addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors,
suppliers and materialmen and further affirmlng that all charges for improvements or repairs which could serve as a
basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the
attorney or other closing agent designated by Seller.
I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal
holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal
holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract.
Page 4 of 6
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property
shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
pr~or year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. I f there are completed improvements on Real Property by January 1st of year of closing, wh~ch
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing
(not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by
Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be
considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
IT IN8PEG'l'IOIT, REPJ\ IR J\.NÐ IIl'INTEN1I.Neih Ðeller arraats tkat, as ef 19 àa) s IIrier te elesia§}, tke eeiEa§}, reef
(iaell:iàia§} tke faseia aaà seffits) aaà enterieE" aaà iaterier aIls, fel:1aàatiea, sea aIls (er e~i aleat) aaà
àeeJEa§}e àe aet ka e aa) "IDIBLE E;j'IDBUCE ef lealts, ater àaR'la§}e er struetl:1ral àama§}e aaà tkat tke selltie ta~t,
lIeel, all allllliaaees, meekaaieal items, keatia§}, eeelia§}, eleetrieal, IIl~ia§} s)steR'ls aaà fRaek~aeE") are ia t10RKIt~
COIIDITIOIJ. Tke feE"e§}eia§} arraat) skall Be limiteà te tke items sllee~fieà l:1aless etken ise lire iàeà ia aa aààeaàl:iR1.
BI:1)eE" mal' at BI:1~er's eJEllease, ka e iaslleetieas maàe ef tkese items B) a f~rm er iaài iàl:ial spee~ali2ia§} ia keR'le
iaspeetieas aaà kelàia§} aa eeel:1l1atieaal lieease fer sl:1ek pl:1rllese (if re~ireà) eE" B) aa allllE"SlIriatel) lieeaseà
FleE"iàa eeatraeteE". BI:1)er skall, IIrieE" te BI:1)er's eeel:1l1aae~ er aet less tkaa 18 àa)s prier te elesia§}, Rieke er
eeel:irs fiE"st, rellert ia ritia§} te Ðeller sl:1ek items tkat àe aet meet tke aBe e staaàaE"às as te àefeets. Ualess
BH)er timel) E"epeE"ts sl:1ek àefeets, BI:1)eE" skall Be àeemeà te ka e ai eà Celler's aE"E"aaties as te àefeets ast
rellerteà. If rellairs er relllaeemeat are re~ireà te eemlll) itk tkis Dtaaàarà, ÐelleE" skall eal:1se tkeR'l te Be maàe
aaà skall lIa) HII te tke ameHat lire iàeà ia Para§rallk (B). Ðeller is ast E"e~ireà te malte E"ellairs er
relllaeemeats ef a eesmetie aatl:iE"e l:1aless eaHseà B) a àefeetl8eller is E"eSIlSasiBle te rellaiE" er E"eplaee. If tke
eest ef sl:1ek rellair er relllaeemeat e]teeeàs tke ameHat lIE"e iàeà ia Para§}rallk (B), BH)er er ÐelleE" mal eleet te
lIa) sl:1ek e][eess, failia§} BieR eitker lIart) mal eaaeel tkis Ceatraet. If ÐeIIër is l:iaaBle te eerLeet tke àefeets
lIE"ier te elesia§, tke eest tkeE"eef skall Be lIaià iats esere at elesia§}. Deller skall, I:1l1ea reaseaaèle aetiee,
~re iàe Htilities se~ iee aaà aeeess te tke PE"e~ert) fer iaslleetieas, iaell:1àia§ a al]t tkE"el:1§}k IIrier te elesia§}, te
eeafirm tkat all items ef Perseaal Prellert) are ea tke Real Pre~ert) aaà, sl:1sjeet te tke fere§eia§}, tkat all
E"e~ireà E"e~airs aaà E"elllaeemeats ka e Beea maàe aaà tkat tke Prellert), iaell:1àia§} Bl:1t aet limiteà te, la /H,
Skrl:1BBer) aaà lIeel, if aa), Rae Beea maiataiaeà ia tke eeaàitiea e][istia§ as ef Effeeti e Date, eràiaar) ear aaà
tear e][eellteà.
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does
not exceed 3\ of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of
the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing.
If the cost of restoration exceeds 3\ of the assessed valuation of the improvements so damaged, Buyer shall have
the option of either taking Property as is, together with either the 3\ or any insurance proceeds payable by virtue
of such loss or damage, or of canceling Contract and receiving return of deposit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of
title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All
closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a
period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of
Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days
from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all
deposit (s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the
Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund,
Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be
available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase
price ~s to be derived from institutional financing or refinancing, requirements of the lending institution as to
place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over
contrary provision in this Contract. Seller shall have the right to require from the lending institution a written
commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable
to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of
them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with
terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt
as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to
hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a
court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of
the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all
Page 5 of 6
liability on the part of Agent shall fully terminate, except to the extent of accounting for any ~tems previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.,
as amended. Any suit between Buyer and Seller where Agent is made a party because of act~ng as Agent hereunder, or
in any suit wherein Agent interpleads the subJect matter of the escrow, Agent shall recover reasonable attorneys'
fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged
and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person
for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful
breach of Contract or gross negligence of Agent.
R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, ar~s~ng out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment
of all deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by
or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract
and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obl~gations under
Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If,
for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails,
neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the
return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded
in any public records. This Contract shall bind and inure to the benefit of the part~es and their successors in
interest. Whenever the context permits, singular shall include plural and one gender shall include all. Not~ce
given by or to the attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraph VI and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by
an absolute bill of sale with warranty of title, subject only to such matters as may be otherw~se provided for
herein.
v. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller
unless included ~n this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the
Property which are not readily observable by Buyer or which have not been disclosed to Buyer.
Page 6 of 6
[IT' DF DELIA' BEA[H
OElRAY BEACH
t&e:d
All-AnBIcaClty
, ~ III :a"'h 31,2005
\is. Penny Burger, Contract Administrator
1993 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Procurement Division, B-1 Building, 2nd Floor
3301 Gun Club Road
West Palm Beach, Florida 33406
0;\
ø1
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
Dear Ms. Burger:
The City of Delray Beach is pleased to submit herewith our application for SFWMD's
Alternative Water Supply Funding. We are submitting application for the "City of Delray
Beach Areas 2 & 3 Reclaimed Water System" project. The scope of the project is to
construct approximately 17,000 L.F. of 24-inch, 16-inch, lO-inch and 6-inch reclaimed water
main, and associated valve and meter boxes to serve up to ten (10) new reclaimed water users
in the City's reclaimed water service are.
The ultimate goal of the project is to implement the second phase of reclaimed water system
within the City of Delray Beach, promote up to 1.94 mgd of reclaimed water use, and provide
a pipeline backbone from which future reclaimed water "areas" can be constructed and
served.
The need for the project is evidenced by the City's establishment of new alternative water
resource goals. Implementation of a reclaimed water system will reduce demands on both
the surficial aquifer and on the City's potable water system. The Reclaimed Water Master
Plan identifies "Areas 2 & 3" as the second phase of City's total reclaimed water system.
"Areas 2 & 3" will provide for up to 1.94 mgd of reclaimed water use, as well as provide the
"backbone" pipeline to serve other future reclaimed water areas. The City plans to
implement other phases of the Master Plan on a continual basis over the next 10 to 15 years.
The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which
specifically encourages more reuse of effluent fÌ"om the wastewater treatment plant (refer to
letter from the City of Delray Beach's Planning and Zoning Department provided in this
application).
The implementation of a reclaimed water system in the City of Delray Beach offers many
significant and lasting benefits. First and foremost, the reclaimed water system will reduce
the demands on both the surficial aquifer and on the City's potable water system. Secondly,
the reclaimed water system will reduce the quantity of effluent discharged to the Atlantic
Ocean via SCRWWTF ocean outfall. There are long-term financial benefits associated with
the project as well. Water used for reclaimed water irrigation results in an equal amount of
water not requiring treatment at the City's water treatment plant, at a treatment cost savings
rate of approximately $0.43/1,000 gallons. There is also a potential to collect revenues
associate with the distribution and use of reclaimed water. The City is currently evaluating
establishing a reclaimed water rate structure.
* Prlnred on Rec'(CllJd ,0_
THE EFFORT ALWAYS MATTERS .
Ö\\o\os- S~,,\ ~~ -A~~~~\ ~èOY\~~ T~S~3
The area of the SFWMD served by the project is located in Delray Beach in the SFWMD
Lower East Coast Water Supply Region. This project is not only consistent with the goals
and objectives of the SFWMD Lower East Coast Regional Water Supply Plan, but actively
supports the plan's "increase water reuse" and "further the development of alternative water
sources" goals.
The City's primary strategy for implementation consist of bidding the reclaimed water
system design documents to prospective contractors and awarding construction of the project
to the successful bidder in December 2005. Construction of the entire project is expected to
complete by August 2006. The City's proposed management plan includes providing an in-
house Project Manager to oversee construction of the project, including shop drawing review,
construction inspection, start-up and testing of the completed reclaimed water system. The
City's Project Manager will also coordinate with the target Reclaimed Water Users for
clearance of the system and ultimate hookup to the completed system.
This project correlates with many missions, responsibilities and goals of SFWMD. The
project fulfills water resource goals of the City's Consumptive Use Permit Renewal
Application which was submitted to SFWMD in July of 2003. Additionally, the project
reduces dependence on a traditional water source (surficial aquifer) identified by SFWMD as
sources of limited availability, and reduces competition with other water users for the same
source. The Project also increases the efficient use of reclaimed water as a source, and from
a regional perspective, contributes to the use of reclaimed water where it is currently under-
utilized. This project facilitates surficial aquifer protection, and provides an alternative water
supply that is consistently available Year-round.
As signer of this application, I have full authority to bind the City of Delray Beach in
agreement with the South Florida Water Management District. My complete contact
information is as follows:
Jeff Perlman, Mayor
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Voice: (561) 243-7010
FAX: (561) 243-7199
Email: Mayor(lV.MvDelravBeach.com
The following individuals are authorized to act on behalf ofthe City of Delray Beach:
David T. Harden, City Manager Richard C. Hasko, P.E., Environ. Services Dir.
City of Delray Beach City of Delray Beach
100 N.W. 1st Avenue 434 South Swinton Avenue
Delray Beach, Florida 33444 Delray Beach, Florida 33444
Voice: (561) 243-7010 Voice: (561) 243-7000
FAX: (561) 243-7199 FAX: (561) 2430-7060
Email: Harden@ci.delrav-beach.fl.us Email: Hasko@ci.delrav-beach.fl.us
This application was prepared without collusion with any other person or entity submitting
an application pursuant to the Funding Program.
We appreciate you consideration of this application.
Sincerely,
CITY OF DELRAY BEACH
JetIPerlman
Mayor
----.
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER tfJ1'i
AGENDA ITEM # Sc:p,-~ - SPECIAL MEETING OF MARCH 10. 2005
ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD)
TO:
SUBJECT:
DATE:
MARCH 4, 2005
This is before Commission to authorize staff to submit a grant application to the South Florida Water
Management District (SFWMD) in the amount of $300,000.00 for alternative water supply funding.
Funding will be sought in the amount of $300,000.00 for construction costs for the Area 2 and Area 3
Reclaimed Water Transmission System Project to extend reclaimed irrigation water to three (3) golf
courses in the southwest quadrant of the City.
Recommend approval of submitting a grant application to the South Florida Water Management
District (SFWMD) in the amount of $300,000.00 for alternative water supply funding.
\
S:\City Clerk\agenda memos\Contract AwardRosso Paving 03.10.05
"
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
FROM:
David T. Harden, City Manager 17 c¿
Richard C. Hasko, P.E., Environmental Services Director\~
TO:
SUBJECT:
ALTERNATNE WATER SUPPLY GRANT APPUCATION
DATE:
March 1, 2005
Weare in the process of preparing our application to the South Horida Water Management District
for the FY 2006 Alternative Water Supply Grant Program. We will be submitting for another
$300,000 as we did last year. My understanding is that more money may be coming available for this
program so I am hoping that we will do better than the $150,000 that we received this year toward our
Area I Reclaimed Water Transmission Main project.
As a part of our funding application, we will need various forms and letters executed by the Mayor.
Please place an item on the Regular Agenda for the March 10,2005 Commission meeting requesting
approval of the grant application submittal and authorization for the Mayor to execute required forms
and letters in that regard.
Cc: file
6(J.3
TABLE OF CONTENTS
A Message from the Executive Director......1
Application Deadline and Mailing
Instructions.................................................. .2
POLICIES AND GUIDELINES
General Requirements..................................4
Definitions................................................... .4
Application Submission ...............................5
Administrative Compliance Policy..............5
Eligibility .....................................................5
Funding Compliance Review.......................6
Funding Costs .............. ............ ....................7
Funding Policy........ ....... ..............................7
Withdrawal of Application ..........................8
Application Development Costs ..................8
Disclosure ....................................................8
Rejection of Applications ............................8
Award.......................... .................................8
Indemnification ............................................9
PROCESS
Public Workshops........ ................................9
Application Review Process ......................10
Application Review Calendar ....................11
A WS Funding Program Criteria ................12
APPLICATION INSTRUCTIONS
Read the Instructions Thoroughly..............13
Application Format and Contents ..............13
Summary of Application Requirements..... 18
Permits Required. ....... ...... ... .......... ....... ... ...19
Excetpts from Basis of Review ..................25
Goals of Water Supply Plans .....................30
APPLICATION
Application Form. ........ ...... ..... ...................31
Sample Cover Statement of Work .............33
Acknowledgement Form..... ..... ............... ...35
A WS Criteria Checklist .............................37
Sample Agreement... ................................ ..43
FY 2004-2005 A WS Funding Awards......55
Mission
statement
The Mission of the South
Florida Water Management
District is to manage and
protect water resources of the
region by balancing and
improving water quality, flood
control, natural systems and
water supply.
We are continually working to
restore and manage ecosystems
and protect water quality -
from the central Florida's
Kissimmee River to Lake
Okeechobee, and from coast to
coast, spanning the peninsula
from Fort Myers to Fort
Pierce, south through the
sprawling Everglades to
Florida Bay . We are also
working to improve and plan
for long-term water supply and
flood control needs through a
number of District programs.
3
9) Copies of pennit application(s) and fee receipts(s) from appropriate regulator(s). For
details, see the Pennit Section of these guidelines.
10) Letter from local government's land use planning authority certifying the project is
consistent with the local comprehensive plan.
11) Copy of a reuse ordinance, reuse agreement or letter from the water recipient(s) stating that
new facilities within the project selVice area will connect to and use the project's
alternative water supply.
12) List of any executed third party agreements pertinent to project.
13) Certification of RED I community (if applicable).
14) Sample Agreement noting any minor deviations.
Transmittal Letter
All applications shall contain a transmittal letter highlighting the Applicant's reasons for the
funding request. The letter, on letterhead, shall provide a concise ovelView of the proposed
project. This abstract shall include the need for the project, the target audience, the area of
District selVed, the primary strategies for implementation and evaluation of the short and long-
tenn benefits of the project, and a proposed project management plan. The letter shall describe
how the proposal correlates to the mission, responsibilities and goals of the District. The letter
shall name the person authorized to make representations on behalf of the Applicant, including
the title, address, email address and telephone number of such person(s). The letter shall
declare the application was prepared without collusion with any other person or entity
submitting an application pursuant to the funding program. A person having the legal
authority to bind the Applicant shall sign the transmittal letter indicating the person's title and
authority .
Authorized Person I Application Form
Each application by any entity shall state the name and address of all persons or entities having
an interest in the application. Only a person having the legal authority to bind the Applicant shall
sign the Application Fonn. In no case, may an application be transferred or assigned by an
applicant.
Statement of Work (Exhibit "C")
This section of the application shall explain the proposed Statement of Work, including a
description of the approach, timetables and design and construction details of alternative water
supply project. The Applicant shall prepare this section of the application so the District can
incorporate the proposed "Statement of Work" into the final Agreement with minimal changes.
For District purposes, two (2) electronic copies of the proposed Statement of Work are required
to be submitted in Microsoft Office® Word fonnat; preferably on CD-ROM (3.5-inch diskettes
are acceptable.)
14
~
MATHEWS
CO~L~~!!.~~gffi=C.
MEMORANDUM
TO: Richard Hasko
FROM: Rene Mathews
DATE: February 25,2005
SUBJECT: SFWMD AWS Grant Application
Attached are the 2 forms that must be executed by the Mayor for the grant application. Later on, I will
also have the transmittal letter for him to sign.
I will fill in the "funding amount requested" later once we have had a chance to tweak our cost
estimate. Let me know if you have any questions.
Mathews Consulting, Inc. -1475 Centrepark Boulevard, Suite 250 - West Palm Beach, FL 33401 - 561-478-7961 - Fax 561-478-7964
APPLICATION
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
2005-2006 ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM APPLICATION FORM
Application No: A WS-06
(District to provide)
The undersigned Applicant has read all of the terms and conditions of the Alternative Water Supply
Funding Program Guidelines and Application, and certifies that all of the information contained
within this application and subsequent Exhibits/Attachments are true and correct to the best of their
knowledge.
Applicant's Legal Name: Applicant's Address:
City of Delray Beach
Environmental Services Division
(State Div./Dept. if applicable)
434 South Swinton Avenue
Delray Beach, Florida 33444
Project Title:
Funding Amount Requested:
Areas 2 & 3 Reclaimed Water
System
Description: Installation of 24", 12"
and 10" reclaimed water main to
serve new reclaimed water users.
County in which Project will be Built:
Palm Beach County
Type of Organization:
Date of Incorporation: N / A
Municipality
State of Incorporation: N / A
Federal ID No.: N / A
Has your organization ever received funding under the Alternative Water Supply Program?
Yes KJ No 0
Year last received: 2005 Amount of Funding Received: $ 1 50 , 000 . 00
Is the Project(s) Still Ongoing? Yes I&l No 0
District's Contract/Agreement Number(s): DGO 5 0 2 3 0
Expected Completion Date(s): July 16, 2005
Current Status of the Project(s): In Construction
Authorized Person's Name: Telephone Area Code /Number:
Signature:
561-243-7010
Fax Number:
Must be signed by entity
561-243-7199
Title: Jeff Perlman, Mayor
31
EXHIBIT "E"
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
BRIEF DESCRIPTION OF AWS PROJECT IN ATTACHED APPLICATION:
_______Ci..:L~-.o£-Delr1i¥- R~ñ ~ h -Ar.eaJL..L_L3-Re.c 1 ñ i m~d W.at..e~¥.s..t..enL__
Before me, the undersigned authority, personally appeared, __~eff _ Per1-_~~n,__~.9-Y~E___,
("Applicant's Representative) this _______ day of __________, 2005, who, first being duly sworn, as
required by law, hereby acknowledges:
1) The statements contained herein are true, correct and complete to the best of his/her knowledge and
that the undersigned has the authority from the Alternative Water Supply Funding Program Applicant
for the above referenced to make the representations contained herein.
2) The undersigned understands the Applicant must be in receipt of all required permits to construct the
alternative water supply project within 12 months from the date of encumbrance of funds.
3) The undersigned represents that the reasonable length to complete the construction project will be
_~_ months.
4) The undersigned represents that the Applicant intends to begin construction of the alternative water
supply project by this ___'Ls.t..... day of De..cembe.r_, in the year _2JlO.5_.
5) The undersigned represents that the Applicant understands the alternative water supply project must
be completed and invoiced within 36 months from the date of the encumbrance of project funds and
further understands that if construction does not begin on or before the aforementioned start date and
end no later than 36 months from the date of encumbrance of funds, the South Florida Water
Management District reserves the right to rescind alternative water supply funding.
STATE OF
-------
COUNTY OF
----------
By: Applicant's Representative
_~ ef.f_~er ImaIk- Ma yo£____
Print Name
-----------------
SWORN TO and subscribed before me ______ day of ___________, 2005.
Such person(s) (Notary Public must check applicable box):
[ ] is/are personally known to me.
[] produced a current driver license(s).
[ ] produced as identification: ______________
(NOTARY PUBLIC SEAL)
------------
Notary Public
35
Agenda Item No. ~ '3
AGENDA REQUEST
Date: March 1. 2005
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When: March 10.2005
Description of item (who, what, where, how much): Staff requests Commission approval of the
submittal of an application to the South Florida Water ManaQement District for grant funding
under their annual Alternative Water Supply Grant Program. Funding will be souaht in the
amount of $300.000 and will be programmed for construction costs for the Area 2 and 3
Reclaimed Water Transmission System project to extend reclaimed irrigation water to three golf
courses in the southwest Quadrant of the City. Staff also requests authorization for the Mayor to
execute letters and forms required as part of the grant application.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Qrant application submittal and authorization
for Ma or to execute documents as re . d.
Department head signature:
,. uS'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review: ~
Approved for agenda: E NO ~
Hold Until: 1/1 f
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI'IY MANAGER 0J1,
AGENDA ITEM # Sf>. Lt - SPECIAL MEETING OF MARCH 10.2005
CONTRACT AWARD/ROSSO PAVING & DRAINAGE~ INC.
TO:
FROM:
DATE:
MARCH 4, 2005
This is before Commission to approve a contract award to Rosso Paving & Drainage, Inc. in the
amount of $149,947.50 for the installation of concrete slabs, sidewalks, and curbs for the Bus Shelters
Project.
The project consists of furnishing labor, materials, equipment, services, and incidentals for the
installation of contract slabs, sidewalks, and curbs to serve as the foundations for the proposed bus
shelter structures.
Funding is available from 334-3162-544-65.70 (General Construction Fund/Bus Shelters).
Recommend approval of the contract award to Rosso Paving & Drainage, Inc. for the concrete work
associated with the Bus Shelters Project.
S:\City Clerk\agenda memos\Contract AwardRosso Paving 03.10.05
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.MyDelrayBeach.com
FROM:
David T. Harden, City Manager
Rafael C. Ballestero, Deputy Director of Construction ~
TO:
DATE:
February 28, 2005
SUBJECT: Bus Shelter Concrete Work, Project # 2002-052
Commission Agenda Item
The attached agenda item is for Commission approval/authorization for the Mayor to execute a
construction contract with Rosso Paving & Drainage, Inc. for the construction of the concrete work
associated with the Bus Shelters project.
This project consists of furnishing of all labor, materials, equipment, services and incidentals for
the installation of concrete slabs, sidewalks, and curbs. These improvements are being
constructed to serve as the foundations for the proposed bus shelter structures. This contract
does not include the shelter structures, since they are being bid and awarded as a separate
project.
On Thursday, February 24, 2005, the City opened bids for this project with the apparent low
bidder being Rosso Paving & Drainage, Inc. with a bid of $149,947.50. Staff recommends City
Commission approve an award of construction contract to Rosso Paving & Drainage, Inc., in the
amount of $149,947.50.
Funding is available from account # 334-3162-544-65.70, Transit Stop I Bus Shelters.
Please place this on the March 10, Workshop Commission Agenda.
enc
cc: Richard Hasko, P.E., Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
City Clerk Office
Agenda file
Project file
S:\EngAdmin\Projects\2002\2002-052\OFFICIAL\3. 10.05 agenda memo.doc
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Date: Februarv 28. 2005
AGENDA ITEM NUMBER:.s~, ~
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AGENDA REQUEST
Request to be placed on:
_Consent Agenda _Regular Agenda _X_ Workshop Agenda _Special Agenda
When:
March 10. 2005
Description of Agenda Item (who, what, where, how much):
This agenda item is for Commission approval/authorization for the Mayor to execute construction contract
with Rosso Paving & Drainage, Inc. for the construction of the concrete work associated with the Bus
Shelters project. This project consists of furnishing of all labor, materials, equipment, services and
incidentals for the installation of concrete slabs, sidewalks, and curbs. These improvements are being
constructed to serve as the foundations for the proposed bus shelter structures. This contract does not include
the shelter structures, as they are being bid and awarded as a separate project.
On Thursday, February 24, the City opened bids for this project with the apparent low bidder being Rosso
Paving & Drainage, Inc. with a bid of $149,947.50. Staff recommends City Commission approve an award
of construction contract to Rosso Paving & Drainage Inc., in the amount of $149.947.50.
Funding is available from account # 334-3162-544-65.70, Transit Stop / Bus Shelters.
Staff Recommendation: ~
Department Head Signature: ~ Úa
City Attorney Review/Recommendation (if applicable):
.?c I, (þ
Budget Director Review (required on all items involving expenditure of funds): lìðH h/CtCf-
Funding Available.ONo Initials: {)i See above{.{l-1Â ìYlÕ ~aY'll¡(lì.-hvY, ð+ ~
Account Number ~bove w1l'xt.4.J...tcJ, ,Lt-tS.
Description See Above ~r--JCU1, I ~. () ç tJðn1m/$l~
Account Balance: See Above H,,(ffl fð
Funding Alternatives: (if applicable) (
City Manager Review:
Approved for Agenda: B No Initials: P1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2002\2002-052\OFFICIAL\3.1 0.05 agenda.doc
City of Delray Beach
Memo
To: City Commission
From: City Manager M
cc:
Date: March 8, 2005
Re: Clean and Safe Budget
Attached are staff recommendations regarding implementation of the Clean and Safe
Program. After reviewing these recommendations and discussing them with affected
departments, I recommend the following budget on an annualized basis for salaries and
benefits:
Electrician
$120,000
70,000
50,000
60.000
$300,000
2 Police Officers
2 General Maintenance Workers
Program Manager
Total
For the balance of this year, I recommend the following:
2 Police Officers
Electrician
$60,000
35,000
25,000
30,000
25,000
8,000
8,000
14,000
26,077
2 General Maintenance Workers
Program Manager
Green Machine
Landscape Materials
Pressure Cleaning
Electrical Service to Compacting Dumpster
Police Car
ß\\O\a5 6~~\ ~~ Å.~~¥\
'tJ S..t
2 % Ton Pickups
Additional Street Lights and other Equipment
Total
30,204
38.719
$300,000
If this budget is acceptable we will put it on next week's agenda for fonnal approval.
. Page 2
( ,
REŒIVED
JAN lit ?nnl\
(ânt MANAGER
MYDELRAYBEACH.COM
City of Delray Beach
Administrative Services Memorandum
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: Recommendations Clean & Safe
DATE: January 14, 2005
I have completed a review of the existing department work programs in the Clean and
Safe area and prepared a summary of their tasks. I have also completed a review and
prepared a summary of the clean and safe issues and objectives for the program that
were developed by the DDA at their May workshop. The DDA has validated the
summary I prepared. A summary of the main issues and concerns raised by the DDA
are as follows:
1. There is a need to improve the quality and frequency of litter and trash pickup in
the area which includes alleys and parking lots with a focus on removing
cigarette butts.
2. Remove and replace dead plants in landscape areas more frequently as well as
plant annuals more often than twice per year.
3. Weed landscape areas more frequently.
4. Overall improve appearance of alleyways and backsides of buildings.
5. Initiate an inspection program to focus on business dumpsters. Issues to look at
and address include size of dumpster, type used, frequency of pickups,
screening, odor and consolidation and use of compactors.
6. Establish a program for regular inspection of street lights including FPL lights to
identify and report repair needs quicker, improve repair time, and establish
follow-up inspection program. Also improve quality of lighting on key side streets
and in alleys especially those alleys which connect parking lots to main streets.
7. Expedite approval of new regulations for sidewalk cafes and develop
implementation plan.
January 14, 2005
Page 2
8. Generally improve quality control to ensure tasks in the work plans are
completed to a high level of excellence.
Based on my review, the following recommendations are being made:
1. Emphasize to all department heads the importance of the Clean and Safe
Program and the need to complete work tasks scheduled with a high level of
quality.
2. Direct Code Enforcement with the assistance of Waste Management to inspect
dumpster areas to determine if changes need to be made in type, size, frequency
of pick up, sanitizing and disinfection needs, and to determine other possible
locations for consolidation of dumpsters utilizing a compactor. (The location in
the east/west alley between SE 4 Avenue and SE 5 Avenue has previously been
identified as a site for a compactor.) Complete within next two months.
3. Direct Parks Maintenance to assign one crew to be primarily responsible for
landscape maintenance and litter control tasks in Clean and Safe Area if
feasible.
4. Direct Parks Maintenance to focus current resources on plant replacement where
needed to include parking lot areas, weeding and mulching before Delray Affair
to bring all areas up to standards. Medians on Atlantic Avenue west of NW/SW 5
Avenue need immediate attention as well as Hands and Chamber parking lots.
5. Direct Public Works to form an inspection team consisting of a DDA staff
representative and FPL to determine locations where improved lighting is needed
and to develop recommendations for improvement. Complete in next 30-45
days.
6. Recommend that the City take over maintenance of decorative street lights and
landscaping in two (2) CRA parking lots.
7. Complete and implement sidewalk cafe ordinance by March.
8. Implement and fund a program to pressure clean under decorative furniture and
brick sidewalks and in front of City property at least four (4) times per year.
9. Direct Public Works to repair decorative wayfinder signs that were damaged by
the hurricanes before the Delray Affair.
10. Direct Public works to assign one supervisor to be responsible and accountable
for inspections and preparing work orders for brick sidewalks repairs, stripping,
signage, and tree gate repairs. Inspections need to be done at least every two
weeks.
:January 14, 2005
Page 3
11. Replace small jasmine in Atlantic Avenue and side street landscape nodes with
green island ficus like we have on Pineapple Grove. This plant material is
denser and holds up better.
12. Consider installing decorative ash trays in strategic locations on the Avenue.
13. Hire two (2) General Maintenance Workers in the Parks Maintenance Division to
focus efforts in the Clean and Safe Area to supplement existing tasks being
performed by Parks Maintenance Crews. Split time and schedule so that there is
weekend coverage. Tasks to include operating new sidewalk sweepers and litter
pick up, weeding of landscape areas, removal of dead plants and planting. This
would provide coverage above the 2-4 hours a day now being done by other
Parks crews.
14. Purchase additional sidewalk type sweeper. There is one in the budget. Two
would make work more efficient, faster and provide backup.
15. Hire a Journeyman Electrician in Building Maintenance to focus efforts on street
light repairs and also take on repairs of twinkle lights and up lights in area which
the DDA is contracting out. This person could also be the primary person
assigned to inspect streetlights. Would have to work some night hours. I think
we are getting to the point with the number of decorative lights we mow have and
additions that are to come that this is a needed position.
16.Assign or hire someone to provide inspections and oversight to ensure quality
control of tasks being performed by the various departments. This could be done
by either:
a. Assign task to Assistant City manager but would have to provide
additional staff to support for events.
b. Set up new Code Enforcement District and assign officer currently
responsible on a part-time basis for inspection in the Clean and Safe Area.
This person could take on duties of quality control inspections as well as
Code Enforcement items. However, would need to hire additional code
officer to assume duties previously provided by this person.
c. Hire a new person (create new position) downtown ombudsman who
would be responsible for quality control and inspections and would service
as a liaison with the DDA. Would need transportation, office space,
telephone, etc.
January 14, 2005
Page 4
Estimated costs to implement new initiatives:
(2) General Maintenance Workers with
fringe benefits, uniforms & minor equipment
$70,000
(1) Journeyman Electrician with fringe benefits,
uniforms and minor equipment
$50,000
(1) Ombudsman or Code Officer with fringe
benefits, etc.
$60,000
(1) Additional Green machine
Additional landscape materials
Pressure cleaning services
Compactor Alley EM! between SE 4th
and 5th Avenues
$25,000
$ 8,000
$ 8,000
$14,000
Other possible use of CRA funds would be to supplement the costs of the Downtown
Police Detail which has been estimated to cost $436,405.30 for one (1) sergeant and
four (4) officers. These individuals are being taken from other details to serve area in
peak coverage times.
'January 14,2005
Page 5
Cost Estimates Clean and Safe Recommendations
1. Ombudsman/Inspector - Equivalent to Coordinator (E17 Exempt)
Salary
Fringe Benefits
(Disability, EAP, medical/life ins.
Social security, W/C pension)
Car Allowance
Telephone/Cell
Furniture
$40,435
$13,585
$ 2,500
$ 700
$ 1.000
$58,220
This person will need office space. If a City vehicle is available, provide
vehicle versus car allowance. Will need to determine who this person reports
to.
2. Two additional General Maintenance Workers for litter pickup and landscape
maintenance
Salary 2 X $22,186
Fringe Benefits
(2 x $10,460)
$44,372
$20.920
$65,292
Will need vehicle use and equipment, unless they are first dropped off and
picked up at different times of the day.
3. Electrician Journeyman
Salary (B-11)
Fringe Benefits
$34,472
$12.600
$47,070
Will also need radio and vehicle to use.
4. Other possible uses for CRA funding:
a. Green machine/sweeper (in budget)
b. Add compactor in alley east/west
between SE 4 Ave. and SE 5 Ave.
c. Contract pressure cleaning 4X year
d. Landscape materials to replace plants
and spruce up other areas. Add mulch etc.
(Would need to get a better estimate from Joe Weldon.)
d. Pay costs of part of Police detail (Base this on
other costs and back into $300,000 number for
the remainder of the year.)
$25,000
$14,000
$ 8,000
$ 8,000
Page 1 of2
Harden, David
From: Barcinski, Robert
Sent: Monday, March 07, 200510:30 AM
To: Harden, David
Subject: FW: journeyman electrician
-----Original Message-----
From: Schmitz, James
Sent: Thursday, February 17, 20054:40 PM
To: Barcinski, Robert
Subject: journeyman electrician
Mr. B, the following is a few thing that come to mind when we speak of using a layman
rather the a qualified electrician to do electrical work and/or street lighting work. Most of
our problems related to inoperable streetlights are something other then changing a bulb.
Most of the time it is an electrical problem. A thought occurred to me while making this
list and maybe I have never been clear about why the street lights are not repaired in
what people think is a reasonable time frame. If people assume that all we have to do is go
out and change a bulb and we are done then no wonder they think we are taking too long
to make the repair. In fact very few light outages are bulbs more times that not it is a
ground fault, tripping breaker that takes an electrician to trace the short and make the
repairs that may take hours or days to locate. Or it could be a section of burned up
wiring that needs to be re pulled and the circuits must go back to the appropriate circuit
breaker. I would not be comfortable having a non qualified, person doing any of these
repairs and I believe the city would be exposing themselves to a liability if we were to ask
a non qualified person to make electrical repairs and installations and he was hurt or
electrocuted and did not possess the proper credentials. I think it is very important to
have an electrician with a certificate of competency to do this job. Please see the following
list of items that are related to repairing street lights.
Considerable amount of control wiring
High Voltage (240 volts)
Locating short circuits and ground faults and knowing how to safely make the repairs
Replacing burned up wiring
Replacing receptacles
Trouble shooting electrical problems
Low voltage control circuits and photo cells and related control wiring
Lighting contactors
Installation of transformers and related wiring
pole knock downs and making exposed hot circuits safe.
31712005