11-17-92 Regular
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. CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 17. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
withi.n the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C, Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2 . SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais, If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet if
you have not already done so,
3 . ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission by
the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
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City Commission
Regular Meeting
11/17/92
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
/(Note: Mr. Ellingsworth will be sworn in prior to Roll Call.)
./I. Roll Call.
\1'2. Invocation.
.13. Pledge of Allegiance to the Flag.
/4. Agenda approval.
Action: Motion to approve.
fi. Approval of Minutes:
Regular Meeting of October 13, 1992
Special Meeting October 20, 1992
Regular Meeting of October 27, 1992
Special Meeting of November 3, 1992
~. Proclamations:
A. Recognizing and commending Charles F. Hill.
7. /Presentations:
./A. Florida League of Cities Certificate of Appreciation - 1992
City Innovation Showcase.
..lB. Site Plan Review and Appearance Board Design and Development
Awards.
8. Consent Agenda: City Manager recommends approval.
A. APPROVE LITTER PREVENTION BUDGET AND AUTHORIZE TRANSFER OF
PRIOR YEAR SURPLUS: Approve the budget for Litter Prevention for
fiscal year 1992/93 in the amount of $28,000 and authorize the
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City Commission
Regular Meeting
11/17/92
transfer of $24,696 from the Sanitation Fund Prior Year Surplus
(Account No. 443-0000-301.46.00).
lB. COMBINED MUTUAL AID AGREEMENT/BOYNTON BEACH: Approve a
mutual aid agreement with the City of Boynton Beach for
operational assistance during law enforcement emergencies which
cross jurisdictional lines.
/C. AMENDMENT TO THE TRI-PARTITE AGREEMENT/BANKER'S ROW: Approve
an amendment to the tri-partite agreement with the Banker's Row
Homeowners Association (BRHA) which provides that the CRA will
reimburse the BRHA for the CRA's percentage of participation in
the design, engineering, surveying and planning for improvements
up to a maximum amount of $5,999 for engineering and $2,000 for
surveying.
/D, RENEWAL OF AGREEMENT FOR GENERAL ENGINEERING SERVICES: Renew
the agreement for General Engineering Services with Gee and
Jenson, Inc.
j-E. RESERVATION AGREEMENT/TEMPLE SINAI: Approve a reservation
agreement with Temple Sinai,
IF. OFFER FO~ RELEASE OF LIEN/216 S.W, 13TH AVENUE: Accept an
offer in the amount of $500 to release the $2,145 lien on
property located at 216 S.W. 13th Avenue. City Attorney
recommends acceptance of the offer.
A;. RESOLUTION NO, 128-92: A resolution abandoning a 16 foot
q.~~' alley located south of S.W. 1st Street, between Swinton Avenue
and S.W. 1st Avenue, within Block 62, Town of Linton (Sundy
House) .
h. ACCEPTANCE OF AN EASEMENT DEED: Accept an easement deed
associated with the abandonment of an alley within Block 62, Town
of Linton (Sundy House).
/1. FINAL PLAT APPROVAL: Approve the final plat for Sundy
Estates located on the south side of S. W. 1st Street, between
Swinton Avenue and S.W. 1st Street.
J. DEDUCT CHANGE ORDER AND REOUEST FOR FINAL PAYMENT/WEEKLEY:
Approve a deduct change order in the amount of $9,772.40 for
final plus/minus as-build quantities and approve the request for
final payment in the amount of $11,366.71 from Weekley Asphalt
Paving, Inc. for completion of the 1991 Road Reconstruction
Program Part "A" (Iris Drive, Spanish Trail and Avenue L) ; with
funding from Decade of Excellence Bond Issue Street
Reconstruction (Account No. 225-3162-541-61.17).
K. REOUEST FOR FINAL PAYMENT/ELKINS CONSTRUCTORS. INC: Approve
the request for final payment in the amount of $5,000 from Elkins
Constructors, Inc. for completion of the North Storage Tank
project; with funding from Water and Sewer Fund - North Plant
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City Commission
Regular Meeting
11/17/92
(Account No. 441-5162-536-60.93) and Renewal and Replacement
Computer Equipment (Account No. 442-5178-536-64.11).
L. DEDUCT CHANGE ORDER AND REOUEST FOR FINAL PAYMENT/ASPHALT
CONSTRUCTION OF PALM BEACH. INC. : Approve a deduct change order
in the amount of $9,042,50 for final plus/minus as-built quantity
adjustments and approve the request for final payment in the
amount of $3,959.36 from Asphalt Construction of Palm Beach,
Inc. for completion of the Homewood Boulevard Swale
Reconstruction projectj with funding from Decade of Excellence
Bond Issue - Street Reconstruction (Account No.
225-3162-541-61.17) ,
M. AMENDMENT TO CITY COMMISSION MEETING MINUTES OF 7/28/9
(ITEM 9. P) : Amend the minutes of the July 28, 1992 City
Commission regular meeting, Item 9,P to include approval of the
Five Year Capital Improvement Program. SEE fti) D Ell bum
N. RESOLUTION NO. 123-92: A resolution assessing the costs for
abatement action necessary to demolish unsafe structures and to
board up one unsafe structure on property at 2345 N, Federal
Highway.
O. RESOLUTION NO. 124-92: A resolution assessing the costs for
abatement action necessary to board up an unsafe structure on
property at 225-227 S.W. 2nd Avenue.
P. RESOLUTION NO, 125-92: A resolution assessing the costs for
abatement action necessary to board up an unsafe structure on
property at 347 S.E. 3rd Avenue.
Q. RESOLUTION NO. 126-92: A resolution assessing the costs for
abatement action necessary to board up an unsafe structure on
property located at 232 N.W. 8th Avenue.
R. ALLOCATION OF PRIOR YEAR SURPLUS/GENERAL CONSTRUCTION FUND:
Authorize staff to allocate $109,735 from the General
Construction Fund Prior Year Surplus (Account No.
334-0000-301-34.00) and prior year funding from the FIND Grant in
the amount of $14,115 (Account No. 334-0000-337-63.00) for the
continuation of the Veteran's Park Redevelopment project.
S. AWARD OF BIDS AND CONTRACTS:
1. Southeast Transmission Main Part B and Boca Raton
Interconnection - Environmental Services - Ric Man
International, Inc. in the amount of $467,239.50 with
funding from 1991 Water and Sewer Revenue Bond - Water and
Sewer Improvements S.E. 1st Street from U.S. 1 to
Intracoastal Waterway (Account No. 447-5174-536-61.41),
Water and Sewer - S.E. Transmission Main Construction
(Account No. 441-5181-536-69.06 and Water and Sewer Capital
- S.E. Transmission Main (Account No. 441-5161-536-69.06).
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City Commission
Regular Meeting
11/17/92
2. Liquid Carbon Dioxide - Environmental Services - Liquid
Carbonic Carbon Dioxide Corp. in the estimated annual amount
of $40,252 with funding from Water and Sewer - Water
Treatment Plant Chemicals (Account No. 441-5122-536-52.21).
3. Bulk Quick Lime - Environmental Services - Dravo Lime
Company in the estimated annual amount of $224,308 with
funding from Water and Sewer - Water Treatment Plant
Chemicals (Account No, 441-5122-536-52,21).
4 . Mad Vac Litter Collection Vehicle - Public Works -
Florida Municipal Equipment, Inc, in the amount of $17,515
with funding from Storm Water Utility Fund - Improvements
Other (Account No, 448-5411-538-60,69) ,
5. Water and Sewer Services - Former Enclave Areas
(Seacrest Subdivision, Del Raton Park and Homewood Park) -
Tiger Construction Services, Inc. in the amount of $345,370
with funding from 1991 Water and Sewer Revenue Bond -
Enclave Water/Sanitary Sewer - Phase II (Account No.
447-5175-536-60.31),
6. Housing Rehab Grant awards with funding from Community
Development Block Grant - Housing Rehab (Account No.
118-1963-554-49.19):
-702 S.W. 1st Street - MJD Construction - $19,710
-813 S.W. 11th Terrace - MJD Construction - $16,742
-230 S.W. 13th Avenue - MJD Construction - $14,926
7. Litter Containers - West Atlantic Avenue Beautification
- Stonecraft of Boynton Beach in the amount of $18,744 with
funding from Decade of Excellence Bond Issue - Atlantic
Avenue I-95 to Swinton Avenue (Account No.
225-4141-572-61.49).
9. Regular Agenda:
-4.. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period October 26,
1992 through November 13, 1992.
JB. ARCHITECTURAL ELEVATIONS AND WAIVER REOUESTS/WENDY'S:
Consider the architectural elevations and associated landscape
code waiver for Wendy's Restaurant at Boca Rey Plaza. Site Plan
Review and Appearance Board recommends approval, subject to
conditions.
vlC. DECLARATION OF EMERGENCY/WAIVER OF CODE PROVISIONS: Consider
declaring an emergency and waiving the provisions of Chapter 101,
"Parks, Beach and Recreation", Section 101.32, "Assemblies" to
permit the assembly of approximately 200 people on the Municipal
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City Commission
Regular Meeting
11/17/92
Beach on Thursday, November 26, 1992. City Manager recommends
approval.
/D. THIS ITEM WAS REMOVED.
E. PROPERTY ACOUISITION/MASTER BOOSTER PUMP STATION: Approve
the contract for the purchase of property from the FEC Railroad
to be used to construct the Master Booster Pump Station. City
Manager recommends approval.
fi, SERVICE AUTHORIZATION NO. 12/SURVEY SOUTH: Approve a
service authorization in the amount of $21,180 for surveying
services in conjunction with the Decade of Excellence Alley
Reconstruction Project Phase IIi with funding from Decade of
Excellence Alley Reconstruction Phase II (Account No.
225-3162-541-61.47). City Mangaer recommends approval.
jG. ADDENDUM NO. 1 TO SERVICE AUTHORIZATION NO. 2/MOCK ROOS AND
ASSOCIATES. INC. : Approve an addendum to Service Authorization
No. 2 in the amount of $25,100, for additional engineering
services in conjunction with the Southeast/Southwest Road
Reconstruction project; and deleting Phases IV
(bidding/negotiation) and V (construction phase) services at a
savings of $39,200, for a net savings of $14,100, City Manager
recommends approval.
/H. CHANGE ORDER NO. l/ALL-RITE PAVING CONTRACTORS. INC. :
Approve a change order in the amount of $15,465 to build a five
foot sidewalk on the west side of N.W. 1st Avenue from N.W. 2nd
Street to Cason United Methodist Church (approximately 1100
linear feet); with funding from Community Development Streets and
Sidewalks (Account No. 118-1965-554-63.11), in conjunction with
the City Attorney's office remodeling and Tennis Center/Stadium
project. City Manager recommends approval.
/I. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 3/PROFESSIONAL
ENGINEERING CONSULTANTS: Approve an amendment in the amount of
$16,650 to Service Authorization No. 3 to the contract with
Proffessional Engineering Consultants for additional engineering
services in conjunction with the construction of the In-line
Booster Station; with funding from 1991 Water and Sewer Revenue
Bond - Master Sewage Station (Account No. 447-5166-536-33.11).
City Manager recommends approval.
/J. AGREEMENT FOR ARCHITECTURAL SERVICES AND SERVICE
AUTHORIZATION NO. l/A. GRANT THORNBROUGH AND ASSOCIATES: Approve
an agreement for Architectural Services with A. Grant Thornbrough
and Associates and a service authorization in the amount of
$50,000, plus $3,000 for reimbursables for planning, design and
construction administration services for the Swinton Avenue
Beautification project; with funding from Decade of Excellence
Bond Issue - Swinton Avenue (Account No, 225-4141-572-61.48).
City Manager recommends approval.
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City Commission
Regular Meeting
11/17/92
K. APPROVAL OF BUDGET ITEMS: Approve items inadvertantly
omitted from the final budget due to an error in the application
of budget software. City Manager recommends approval.
L. APPOINTMENT OF A MEMBER TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint a member to the Downtown Development
Authority to fill the unexpired term of Sal Matteis ending July
1, 1994.
M. APPOINTMENT OF A MEMBER TO THE EDUCATION BOARD: Appoint a
member to fill a vacancy on the Education Board to a term ending
July 31, 1994,
N. APPOINTMENT OF COMMISSION MEMBERS TO VARIOUS ADVISORY BOARDS
AND COMMITTEES: Appoint Commission members to serve as the
liaison member to various advisory boards and committees formerly
served by Commissioner Andrews,
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10. Public Hearings:
.)A. ORDINANCE NO. 54-92: An ordinance rezoning property located
west of Congress Avenue on the south side of Linton Boulevard
(Abbey Delray South property) from PRD (Planned Residential
Development) zone district to CF (Community Facilities) zone
district. Planning and Zoning Board recommends approval,
lB. ORDINANCE NO, 55-92: An ordinance rezoning the North Ocean
Boulevard parking lot property located on the west side of Ocean
Boulevard, north of Atlantic Avenue from CF (Community
Facilities) zone district to OS (Open Space) zone district.
Planning and Zoning Board recommends approval.
jc. ORDINANCE NO. 56-92: An ordinance rezoning the Sandoway Park
property located on the northwest corner of Ocean Boulevard,
south of Atlantic Avenue from CF (Community Facilities) zone
district to OS (Open Space) zone district. Planning and Zoning
Board recommends approval.
JD. ORDINANCE NO. 57-92: An ordinance rezoning the Ingraham Park
property located on the northwest corner of Ocean Boulevard,
south of Atlantic Avenue from CF (Community Facilities) zone
district to OS (Open Space) zone district. Planning and Zoning
Board recommends approval.
j E. ORDINANCE NO. 58-92: An ordinance rezoning the Anchor Park
property located on the west side of Ocean Boulevard, north of
Casuarina Road from CF (Community Facilities) zone district to
OS (Open Space) zone district. Planning and Zoning Board
recommends approval.
IF. ORDINANCE NO. 59-92: An ordinance rezoning the Atlantic
Dunes Park property located on the east side of Ocean Boulevard,
north of Linton Boulevard from CF (Community Facilities) zone
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Regular Meeting
11/17/92
district to OS (Open Space) zone district. Planning and Zoning
Board recommends approval.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
jA. ORDINANCE NO. 60-92: An ordinance approving amendments to
the Community Redevelopment Agency's Plan.
B. ORDINANCE NO. 61-92: An ordinance amending the Future Land
Use Map designation from Transitional to General Commercial for
property located on the south side of Linton Boulevard, east of
the Boca Rey Plaza (Holland property). Planning and Zoning Board
recommends denial 7-0 vote.
C. ORDINANCE NO. 62-92: An ordinance rezoning property located
on the south side of Linton Boulevard, east of the Boca Rey Plaza
(Holland property) from POC (Planned Office Center) zone district
to PC (Planned Commercial) zone district. Planning and Zoning
Board recommends denial 7-0 vote,
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
D. County and Municipal Issues
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 17, 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P,M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT AGENDA IS AMENDED TO CORRECT:
Item 8M is amended to read: RATIFICATION OF THE CAPITAL
IMPROVEMENT PROGRAM: Ratify the Capital Improvement Program as
presented at the July 28, 1992 regular Commission meeting.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
O. SPADY PROPERTY ACOUISITION: Approve a final settlement in
the amount of $255,000 for acquistion of properties G, H, J and
M in conjunction with the S.D. Spady Access Improvements
project. City Attorney recommends approval.
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[ITY DF DELIAY BEA[H
100 ~W, 's.r ':'VENUE DELRAY BEACH, '::L.:JRIOA 33444 -1J7
PROCLAMA TION
WHEREAS, on the evening of March 3, 1992, at
approximately 4:30 p.m., Fire Department personnel were returning
to quarters from a training exercise and were alerted by a
citizen to a medical emergency at Venetian Drive and East
Atlantic Avenue; and,
WHEREAS, upon arrival at the scene of the emergency it
was determined that Mr. Ward Nield of Delray Beach had collapsed
and was being attended by a number of bystanders; and,
WHEREAS, Charles F. Hill, a resident of Delray Beach,
was in the process of administering Cardiopulmonary Resuscitation
to Mr. Nield, a procedure that has saved many lives in this
country; and,
WHEREAS, Mr. Hill obtained his C.P.R. training as part
of a program provided by the Delray Beach Fire Department through
the Delray Beach Lions Club; and,
WHEREAS, Mr. Hill's immediate actions were instrumental
in the successful outcome insofar that Mr. Nield recovered from
the incident and continues to live in this community.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby commend and recognize MR. CHARLES F. HILL for his
willingness to obtain this very important training and to use
these skills when others were in need, in the highest traditions
of community service.
FURTHERMORE, as Mayor of the City of Delray Beach,
Florida, I call upon all our residents to take advantage of the
many training opportunities offered in this City to assist in
being prepared to deal with medical emergencies in the home or at
work.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 17th day of November, 1992.
MAY 0 R
THOMAS E. LYNCH
SEAL
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..... FLORIDA LEAGUE OF CITIES, lNe
Memorandum RECEiVED
SfP 1 0 1992
CITY MANAGER'S OFFICE
TO: City clerks, city managers or charter county administrators whose
government submitted entries for the 1992 City Innovations Showcase
FROM: Ann Jenkin~ecutive Assistant for Special Projects
DATE: September 8, 1992
RE: 1992 City Innovations Showcase - press release, certificate of appreciation
and publication
Please find enclosed a press release regarding the awarding of a Certificate of
Appreciation by fiscal year 1992-93 Florida League of Cities' President Bill Evers, Mayor,
City of Bradenton, for your city's or charter county's contribution to the 1992 City
Innovations Showcase. Please encourage your local newspaper to print this information.
It will help our citizens to be aware that Florida local governments are truly innovative!
~ftOone W81.,~ to pick up 'tofM' 'cert.Iic8te from ~~tnnovations, Showcase
~FLC Annual Convention, I am sending it W1th ' "1'n8iIing for display in
',',' ',..administrative building. Additional certificates are available to hang in other
areas or buildings of the city or county government, upon request.
Also, I have enclosed a copy of the FLC publication highlighting the 1992 innovations.
This annual showcase, begun in 1988, is a project of the League's Commission on
Florida's Future: Quality Cities. The goal is to encourage the sharing of such ideas
among our Florida cities and member charter counties.
Thank you again for your contribution to the 1992 City Innovations Showcase. Please feel
free to contact me at 1-(800) 342-8112 or SUNCOM 278-5331 if you have any questions.
ADJ /rrh
Enclosures
'] A
201 West Park Avenue . P.O. Box 1757 . Tallahassee, Florida 32302-1757 . (904) 222-9684 . Suncom 278-5331
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FOR IMMEDIATE RELEASE LOCAL CONTACT:
AUGUST 25, 1992 PRONE: ( )
FLORIDA LEAGUE OF CITIES CONTACT: ANN JENKINS
PHONE: (904) 222-9684
The (city or county), represented by (name(s), title(s), was
presented with a Certificate of Appreciation by Florida League of
cities' President Bill Evers, Mayor, city of Bradenton, for its
participation in the 1992 City Innovations Showcase. The
presentation took place during the League's 66th Annual Convention
at the Hyatt Regency Miami.
The 1992 city Innovations Showcase features 387 innovative ideas
which solve problems or meet needs in the participating
communities. Innovations were submitted covering a wide range of
local government activities. The programs are organized into five
categories: Administration, Community Development, Community
Relations, Public Safety and Public Works. As a part of the
convention program, the fnnovations were featured in an exhibit,
various workshops and through a special publication distributed at
the meeting.
*The (city/couuty department or office) contributed the following
projects to the 1992 Showcase: (list all entries for the specific
department or Office).
The city Innovations Showcase is a project of the League's
commission on Florida'S Future: Quality cities. The goal of the
showcase is to provide an opportunity for the promotion and Sharing
of ideas among Florida cities.
*optional: List all entries with their respective department
or office.
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~ITIES ClT'
illltiiltion of the Ghost Car Pro- ~Od Pressure Record Cards - tr"i:lJl~~; ('
gram, the city experienced three Delray Beach 5clt!ctL'd I_
ta four robberies a yeilr. Contilct: po"" .,~~
FrClnk Dilraio, Director of Public Each year, thousands of resi- tlnce-h,,',:
S"fety, Department of Public dents come to the city's fire sta- member:;
Silfety, City of Daytona Beach tions to have their blood pressure There h"
Shores, Post Office Box 7196, checked. To keep a record of these the Citll'
DilytonCl BeClch Shores, FL 32116; readings for later review by their ilnd gr"d
(904) 322-5026. physicians, residents are given a ,In Zlcti\'l'
wallet-sized card to maintain i1 t,1(t: C,t"
Public Silfcty Officer Progr<llll - continuous record of this data. mini~tL,i.
DaytonCl l3each Shores Contact: Division Chief Doug of Llk;ell
(See Administration - Rl'I'iew, Trawick, City of Delray Beach Fire LlhlYI:
PIn/TIling and Reorganization for Department, 101 West Atlantic 33801; \~
Efficimcy) Avenue, Delray Beach, FL 33444;
\~fter the Fire" Informational (407) 243-7440. Commu:
Section "
Brochure - Dclray Beach VChristmas Tree Safety Tags -
Delray Beach The ('
i in:; See:
There ilre many issues that I
','('II liSt 11 U-/-fl11rl stamg!! must be ilddressed ilfter i1 fire to Christmas trees can become i1 officer L:
/Iio/ crillle doclllllelltatiol/, make sure illl the vital interests major fire hazard if not cared fl.r p"rtmcl
arc protected. The city Fire De- properly. In recognition of the .1,'D0rilk
1 "r(',1! city" atmo- pZlrtmcnt i1ddressed this matter need for bilsic informCltion on this I he 5(":'
hilnds-on jeilrning. by dc\'elpping an informlltioni11 topic, the city's Fire Department t!lOnl\ '
1(.1dresses silfe behilv- brochure to give guidance to fire distributes more than 5,000 safety Crime, .1'
:ing with the follow- victillls in a comprehensive ilnd information tags to tree distribu- S-.l k", 'f :'
.;ituiltions: trilffic, t'Zlsy to use milnner. The bro- tors each holiday seilson to be ,knts ('I'
.trangers, firearms, cht;re, "After the Fire. . . We placed on every tree sold in the i'n~'..',)nt !
',ygrounds, se- Continue to Serve," offers il rcfer- city. Contilct: LieutenClnt LClCry \~: (1 ,_,--- h ..:-
wilter, first aid, ence directory and provides in- Garito, City of Delray Beach Fire 5il~l\' it....
lt1Se~. form"tion on: property insurilnce; Department, 101 West Atlantic cttnrh :1<
lptZlin John FujZlr- whilt to do if the filmil\' cannot Avenue. DefrilY Beilch, FL 1344-L t-'~\nt n'tl!
nder, COllllllunity live in the house: dOCtlllll'nts, (407) 243-7423. i ,() l):; rH'rz
City of Cori1! records i1nd mOlley repl"cel11ent; I llttclbl'S ,
I
, DepZlrtment. 2801 salvZlging; ilnd f00d m,lnilgenwnt. Interest-Based Negotiations - i !; '-'! I, \1 , ' ~'
Drive, Corill Cont,Kt: Division Chief Michilel Dunedin COI':~ i.
\06S; DOS) 146-1291, CiltO, Citv of DelrilV 13l'iKh Fire (Set' Admillistration - PerSONnel) (If t!,C ,: (
Dep'lrtm~'nt, 101 \Vest Atbntic I CO['~ \'
fire Prevention - A venuc, Delray Beilch, FL 334-1 ; Fire Safety Education for 24-1l1()llt;
(4l~43-7420. Children - Fort Walton Beach Url"lll I'
'If R.dntiL)!1S - /' ~ t ~ (See Co.mmu/lity Relat~ons - t >,,1t \\' tli
rt 1.lcr~h i I'~) ~hngllal Emergency Medical -. '- _. EdtleatlOnal Partllers/lIps) \. : { . {.':~, .':-:
Service Referral Forms - Delray / /_< ,C (,nd .1 ( (
Da ytona Beilch ~--" -~~. .-L//' Operation RockHouse- t,let: r :',',
, ','/ ( I ;.-liI"llandale C01'S i':
, _c nguage barriers may present ' . ^ /"}) " .. (See Pllblic Safety - Health and Pol ice [),
vd,icll'~ not used on problems for pilrilmedics when ('" ',j~ Safety) Uriw. [,
'l' infiltr,1(ed into the medici1l instructions or follow-up <:...-.' I 4(Y)-6t)2~
r the purpose of referrills arc !1eCessClry. The city's Citizen Police Academy-
IL', ~',lrtictllilrly tlt Fire Department stilff addressed Lakeland Drur; I,C
hust Car Progrilm this issue by developing il bi- t\ b" tc Ille
tmber of vehicles lingual medical referral form now The Citizen Police Academy
the police stiltion, given to patients who are treated was established by the city's Police I The l'
ling prospective by Fire DepClftment stilff, but not Department in 1985 and is offered Ab,ltet11l_'
ne i1ll Cilrs are on transported to a hospiti1L Contact: on a weekly basis, September city oni':
,e inception of the Lieutenant Robert Morelimd, City through December of each year. City ell,:
"S ago, the city of Delray Beach Fire Department, The purpose of the academy is to ity grilnt
J robberies, 101 West Atlantic Avenue, Delray provide 30 volunteer citizens with Florid" ~
the one week the Beach, FL 33444; (407) 243-7444. a condensed version of the cur- leg"l,lut
.:anceled. Prior to riculum used in a police officer bring i\ C
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CAV\ T~ HARDEN, CITY MANAGER
, ~ \~V~
THRU: .-DAV D J. KOVAC , DIR C OR
DEPARTMENT OF PLANNING AND ZONING
FROM: JANET MEEKS, PLANNER II~
SUBJECT: MEETING OF NOVEMBER 17, 1992
SITE PLAN REVIEW AND APPEARANCE BOARD AWARDS
RECOGNITION PROGRAM
BACKGROUND:
At its meeting of October 28, 1992, the City Commission initiated
the Site Plan Review and Appearance Board Awards Recognition
Program via Resolution 120-92. The first .. such awards program
will be held at the City Commission meeting of November 17, 1992,
at which time the Chairman of the Board will present a framed
certificate to each of the following recipients for their
outstanding contribution to the City of Delray Beach through
creative design.
BEST OVERALL DESIGN:
Delray Crossing
* Ocean Properties, Limited (Developer)
* Jerry Turner and Associates of Florida, Inc. (Landscape
Architect)
* North South Construction Corporation (Architect)
BEST OVERALL DESIGN: (Tie for Best Overall Design Category)
Morse Saturn
* Morse Operations, Inc. (OWner)
* Digby Bridges, Marsh and Associates (Architect/Landscape)
ARCHITECTURE
Fire Station #2
* City Of Delray Beach (Developer)
* Currie, Schnieder and Associates (Architect)
1}8
City Commission Documentation
SPRAB Awards Recognition Program
Page 2
LANDSCAPING
Fire Station #2
* City of Delray Beach (Developer)
* City of Delray Beach with special recognition to Nancy
Davila (Landscape Designer)
BEST CBD REDEVELOPMENT
400 Block of East Atlantic Avenue
* Leo Blair (Owner)
* James A. Johnson (Architect)
BEST REDEVELOPMENT
Historic Executive Suites of Delray
* Frank McKinney (Owner/Developer)
BEST EXTERIOR RENOVATION
Nina Raynor
* Joanne Phelan Wollenberg (Owner)
BEST EXTERIOR RENOVATION - HONORABLE MENTION
Delray Rug Company
* Leonard Surles, Sr. (Owner)
BEST EXTERIOR RENOVATION/SIGNAGE
Panache Christmas Shoppe
* Susan Cross (Owner)
* Bright Image signs (Sign Contractor)
SIGNAGE
Ellie's 50s Diner
* Ellie and Robert Smela (Owner)
* Delray Signs, Inc. (Contractor)
.
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!'Jt1
SUBJECT: AGENDA ITEM # ~A - MEETING OF NOVEMBER 17. 1992
APPROVAL OF LITTER PREVENTION BUDGET/TRANSFER OF PRIOR YEAR
SURPLUS
DATE: November 13, 1992
This item is before you to approve the budget for the Litter
Prevention Program and to authorize staff to allocate funding from the
Sanitation Fund Prior Year Surplus.
In 1991 and 1992 we received grant funding for the Litter Prevention
Program which totalled $28,000. During that period, the expenditures
for this program totalled $3,303.76. Subsequently, during the budget
preparation process these funds were lapsed and absorbed into the
Sanitation Fund. As the grant agreement requires that all funding be
expended, it is necessary to bring forward these funds into the
current fiscal year.
Recommend approval of the budget for the Litter Prevention Program in
the amount of $24,696 and authorize the transfer of funds in that
amount from the Sanitation Fund Prior Year Surplus (Account No.
433-0000-301-46.00).
.
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Agenda Item No. :
AGENDA REQUEST
Date: 11/09/92
Request to be placed on:
X Regular Agenda
Special Agenda 11/17/92
Workshop Agenda When:
Description of item (who, what, where, how much) : Amend Sanitation Fund
to allocate $24,696 in prior year surplus for the Litter Prevention Grants received
in fiscal years 1991 and 1992. The grants plus matching funds totalled $28.000.
Actual expenses incurred total $3,303.76.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES,@ Draft Attached: YES/NO
Recommendation: Approval of Litter Prevention budget for fiscal year 1993
from prior year surplus totalling $24,696.
(Example: Recommend approval wi~ Events Account
No. 001-3333-555-44.55). ~
Department Head Signature: -
City Attorney Review/ Recommen~tio
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternative~:. _~. ~~gu.fWiUable)
Account No. & Descr1pt1on: ~
Account Balance: jrei oW - u - -- ,
City Manager Review: l~/?
Approved for agenda: @/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
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,It---===' City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date November 10, 1992
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: Budget
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
433-0000-301.46-00 Prior Year Surplus 24,696
433-3712-534.49-90 Other Current Charges 24,696
,
(10) TOTAL 24,696 24,696
JUSTIFIC~~~h budget for the Litter Prevention Grant awarded in FY 1991 and 1992. The Grants plus
matching funds total $28,000. Actual expenses for the past two years totals $3,303.76. Balance of
$24,696 to be budgeted in FY 1993.
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJlvf
SUBJECT: AGENDA I TEM i g' B - MEETING OF NOVEMBER 17. 1992
COMBINED MUTUAL AID AGREEMENT/BOYNTON BEACH
DATE: November 13, 1992
This item is before you to approve a combined mutual aid agreement
with the City of Boynton Beach for operational assistance during law
enforcement emergencies which cross jurisdictional lines.
This agreement will run for one year, until September 30, 1993j with
automatic one year renewal period thereafter, unless either party
elects to cancel the agreement.
The City Attorney's office has reviewed the agreement and approves it
as to form.
Recommend approval of the combined mutual aid agreement with the City
of Boynton Beach for operational assistance during law enforcement
emergencies which cross jurisdictional lines.
. '"
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 300 W ATLANTIC A VENUE' DELRA Y BEACH, FLORIDA 33444
TELEPHONE 407/243-7823' FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
MEMORANDUM
TO: city Commissioners / -p"~!AJ
FROM: Eric D. Hightower, Police Legal Advisor 1:/"
DATE: November 5, 1992
SUBJECT: Combined Mutual Aid Agreement with Boynton Beach
------------------------------------------------------------------------
------------------------------------------------------------------------
Attached for your consideration is a copy of the Combined Mutual Aid
Agreement with the City of Boynton Beach Police Department. The City of
Boynton Beach has already approved the agreement as is. In addition,
our City Attorney's Office approves of the agreement as well.
The purpose of the agreement is to allow the two police departments to
assist each other in the enforcement of the laws of the State of Florida
throughout Palm Beach County.
The City's liability will not be affected by this agreement. Section
III, subsection (5 ) of the agreement grants us all immunities as
provided by Section 768.28 Florida Statutes. The City will be
responsible only for its own employees as is normal for operations.
No additional funds will need to be expended to carry out the agreement.
The City will only be responsible for the expenses of its own
Department.
The agreement will run for one year until September 30, 1993 and be
eligible for automatic renewal yearly unless one of the parties elects
to cancel the agreement by written notice.
EDH/lrd
Enclosure
cc: David Harden, City Manager
Jeff Kurtz, City Attorney
.
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COMBINED MUTUAL AID AGREEMENT
THIS COMBINED MUTUAL AID AGREEMENT, hereinafter the
"Agreement," made and entered into this ~t:::J day of ctl~77J~~ ,
1992, by and between the DELRAY BEACH POLICE DEPARTMENT and the
CITY OF BOYNTON BEACH -- BOYNTON BEACH POLICE DEPARTMENT, pursuant
to the provisions of Chapter 23, Part I, Florida Statutes, known as
the "Florida Mutual Aid Act, " hereinafter the "Act," comprises a
"voluntary cooperation agreement" and a "requested operational
assistance agreement" as the terms are used in the Act.
Witnesseth:
WHEREAS, the subscribed law enforcement agencies are so
located in relation to each other that it is to the advantage of
each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to
intensive situations including, but not limited to, emergencies as
defined under Section 252.34(2), F.S. ; and
. considering the
WHEREAS, it is the intent of this Agreement,
existing and continuing possibility of intensive situations and
other law enforcement emergencies, to ensure that the preparation
of law enforcement will be adequate to deal with such activity,
protect the public peace and safety, and preserve the lives and
property of the people; and
WHEREAS, the DELRAY BEACH POLICE DEPARTMENT and the BOYNTON
BEACH POLICE DEPARTMENT have the authority under the Act, to enter
into a "requested operational assistance agreement" for rendering
of assistance in a law enforcement emergency that crosses
jurisdictional lines;
.
.
NOW, THEREFORE, the parties agree as follows:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
Pursuant to Section 23.1225, F.S. of the Act, each of the
aforesaid law enforcement agencies hereby approves and enters into
this Agreement whereby each of the agencies may request and render
law enforcement assistance to the other including investigating
homicides, sex offenses, robberies, assaults, burglaries,
larcenies, gambling, motor vehicle thefts, drug violations pursuant
to Chapter 893, F.S., and including backup services during patrol
activities, inter-agency task forces and joint investigations.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
Pursuant to Section 23.1225(2), F.S. of the Act, the aforesaid
law enforcement agencies hereby approve and enter into this
Agreement whereby each of the agencies may request and render law
enforcement assistance to the other responding to civil
disturbances, large protest demonstrations, aircraft disasters,
fires, natural or man-JIlade disasters, sporting events, concerts,
parades, escapes from detention facilities, and incidents requiring
utilization of specialized units and any emergency which qualifies
under F.S. 252.34(2).
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that either party to this Agreement is in need of
assistance as set forth above, the police chief or his designee of
the agency requiring assistance shall notify the police chief from
whom such assistance is required. The police chief whose
assistance is sought shall evaluate the situation and his agency's
available resources and shall respond in the manner deemed
2
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appropriate. The police chief or his designee's decision in this
regard shall be final.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The resources or facilities that are assigned by the assisting
agency shall be under the immediate command of a supervising
officer designated by the assisting police chief. Such supervising
officer shall be under the direct supervision and command of the
police chief of the agency requesting assistance.
SECTION V: INDEMNIFICATION AND LIABILITY
To the extent permitted by law, the City of Delray Beach and
the City of Boynton Beach shall each be responsible for its own
negligence. Nothing herein shall be deemed to waive any immunities
granted pursuant to Section 768.28, Florida Statutes.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. Employees of the DELRAY BEACH POLICE DEPARTMENT when
actually engaging in mutual cooperation and assistance outside of
the jurisdictional limits of the City of Delray Beach, but inside
.
this State under the terms of this Agreement shall, pursuant to the
provisions of Section 23.127(1), F.S. of the Act, have the same
powers, duties, rights, privileges and immunities as if the
employee was performing duties inside the employee's political
subdivision in which normally employed. The same conditions shall
apply to the employees of the BOYNTON BEACH POLICE DEPARTMENT when
they are outside the jurisdictional limits of Boynton Beach, Palm
Beach County, also.
b. Each party agrees to furnish necessary equipment,
resources and facilities and to render services to each other party
3
.
.
to the Agreement as set forth above; provided however, no party
shall be required in the sole discretion of its police chief to
deplete unreasonably its own equipment, resources, facilities, and
services in furnishing such mutual aid.
c. The party that furnishes equipment pursuant to this
Agreement must bear the cost of loss or damage to that equipment
and must pay any expense incurred in the operation and maintenance
of that equipment.
d. The party furnishing aid pursuant to this Agreement shall
compensate its appointees/employees during the time such aid is
rendered and shall defray the actual travel and maintenance
expenses of its employees while they are rendering such aid,
including any amounts paid or due for compensation due to personal
injury or death while such employees are engaging in rendering such
aid.
e. The privileges and immunities from liability, exemption
from laws, ordinances and rules, and all pension, insurance,
.
relief, disability, workers' compensation, salary, death and other
benefits that apply to the activity of an employee of an agency
when performing the employee's duties within the territorial limits
of the employee's agency, shall apply to the employee to the same
degree, manner, and extent while engaged in the performance of the
employee's duties extraterritorially under the provisions of this
Agreement. The provisions of this Agreement shall apply with equal
effect to paid, volunteer, reserve and auxiliary employees.
f. Nothing herein shall prevent the requesting party from
requesting supplemental appropriations from the governing authority
4
.
.
having budgeting jurisdiction to reimburse the assisting party for
any actual costs or expenses incurred by the assisting party
performing hereunder.
SECTION VII: LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability
insurance by one or more of the means specified in Section
768.28(14), Florida Statutes, in an amount which is, in the
judgment of the governing body of that party, at least adequate to
cover the risk to which that party may be exposed, should the
insurance coverage, however provided, of any party be cancelled or
undergo material change, that party shall notify all parties to
this Agreement of such change within ten (10) days of receipt of
notice of actual knowledge of such cancellation or change.
SECTION VIII: EFFECTIVE DATE
a. This Agreement shall take effect upon execution and
approval by the hereinafter named officials and shall continue in
full force and effect until September 30, 1993 and shall be
.
renewed automatically every year unless terminated prior thereto by
either of the parties.
b. This Agreement shall be reviewed annually for any
necessary changes.
SECTION IX: CANCELLATION
This Agreement may be cancelled by any party upon delivery of
written notice to the other party.
SECTION X: AGREEMENTS TO BE FILED
This Agreement shall be filed with the Florida Department of
Law Enforcement pursuant to Florida Statutes Section 23.1225(4) by
5
.
.
.
the entity that last approves the Agreement. In addition, this
Agreement constitutes an interlocal agreement that shall also be
filed by the last entity approving the Agreement pursuant to
Section 163.01(11), Florida Statutes, with the Clerk of the Circuit
Court of Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year above first written.
CITY OF BOYNTON BEACH, FLORIDA
At'test: By: A~~ tJ~
(~~~ Mayor Arline Weiner
/Ci Clerk
CITY OF DELRAY BEACH, FLORIDA
Attest: By:
Mayor Thomas E. Lynch
City Attorney - Delray Beach
boynton.agt
6
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfJ)
SUBJECT: AGENDA ITEM i ~ ~ - MEETING OF NOVEMBER 17. 1992
AMENDMENT TO TRI-PARTITE AGREEMENT BANKER'S ROW
DATE: November 13, 1992
This is an amendment to the tri-partite agreement between the City,
Community Redevelopment Agency (CRA) and the Banker's Row Homeowner's
Association (BRHA) .
The amendment provides that the CRA will directly reimburse the BRHA
for the CRA's portion of engineering expenses up to a maximum of
$5,999 and surveying expenses up to $2,000, rather than applying those
amounts as credits against the BRHA ' s share of the obligation for
construction.
The City Attorney's office has reviewed the amendment and approves it
as to form.
Recommend approval of an amendment to the tri-partite agreement
between the City, Community Redevelopment Agency (CRA) and the
Banker's Row Homeowner's Association (BRHA) which provides that the
CRA will directly reimburse the BRHA for the CRA's portion of
engineering and surveying expenses, rather than applying those
amounts as credits against the BRHA's share of the obligation for
construction.
'.
{X(
tf"'~
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSlr-IILE 407/278~4755 Wr~t_r'. D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: November 4, 1992
To: David Harden, City Manager
From: David N. Tolces, Assistant City Attorn~~
Subject: Tri-Partite Aqreement/Banker's Row
The amendment to the above agreement should be placed on the
next Commission agenda. The amendment affects the CRA's and
the Banker's Row Homeowners Association's duties under the
agreement.
If you have any questions, please call.
RECEIVED
DNT: sh
Attachment NOVS 1992
cc: Cheryl Leverett, Agenda Coordinator CITY MANAGER'S OFFICE
bankers2.dnt
'. ,,'
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P:J:RS~ AMBHD~ ~O D:J:-PAR~:J:~B AGRBBMBft POR ~HB
DEVELOPMEH~ OF B.R.R.A., INC.
This First Amendment to 'Tri-partite Agreement for the
Development of Banker's Row is made and entered into this day
of , 1992, by and between the CITY OF DELRAY
BEACH, a municipal corporation, hereinafter referred to as the
"CITY," the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY
BEACH, an entity created pursuant to Chapter 163, Florida Statutes,
hereinafter referred to as the "CRA," and B. R. H . A. , INC. , a non-
profit corporation, hereinafter referred to as "BRHA. "
WIT H E SSE T H:
1fHBREAS , the parties hereto have entered into that certain
Tri-Partite Agreement for the development of BRHA dated July 8,
1992; and
1fHBREAS, said Tri-Partite Agreement provided for the BRHA-to
pay for al~ngineering services, for the project and to receive a
reimbursement from the CITY for a portion thereof and to credit the
CRA's portion of said engineering expenses and surveying expenses
against the BRHA's obligation for the construction portion of the
work contemplated by said Agreemen~; and
WHBREAS, the parties are desirous of amending said Agreement
to provide that the CRA will directly reimburse the BRHA for the
CRA's portion of (i) its obligation for actual engineering expenses
up to a maximum of Five Thousand Nine Hundred Ninety-Nine Dollars
($5,999.00) and (ii)its portion of the surveying expenses up to
Two Thousand Dollars ($2,000.00) rather than to have the same apply
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it as credits against the, BRHA's share of the obligation for the
construction portion of said Agreement.
HOW, THEREFORE, in consideration of the mutual covenants and
promises herein contained the adequacy of which is acknowledged by
the parties, the parties hereby agree as follows:
1. Section 2, D. is hereby amended to add the following
sentence at the end thereof:
"Notwithstanding the foregoing, the CRA shall reimburse
the BRHA for the eRA's percentage of participation in the
design, engineering, surveying, and planning for the
improvements contemplated by the Agreement as set forth
in Exhibit "A" to said Agreement, up to a maximum amount
of Five Thousand Nine Hundred Ninety-Nine Dollars
($5,999.00) for engineering and Two Thousand Dollars
($2,000.00) for surveying, within ten (10) days following
the completion of said services respectively." .
2. Section 7, of the said Agreement is her~by amended
in its entirety to read as follows:
"7. BRHA Obliqations. The BRHA agree to pay the CRA
thei~wentY-fiVe percent (2S%) participation of the
costs f the design and construction of the Street
Improvements (excluding the Water System Improvements and
the Parking Lot Improvements), less the-balance of such
sums owed by the CRA to the BRHA for engineering pursuant
to the Engineering Contract provided for in Section 2 D
above, if any, in the following manner:
A. $1,700 upon the exeqution of this Agreement;
B. The balance of the monies are to be paid to the CRA
in . nine (9) equal installments, each installment
due on the first day of January of each year
following the completion oz the Work.
C. The maximum amount of contribution by BRHA shall be
thirty two thousand five hundred dollars
($32,SOO.00)." '. '.
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3. In all other respects the said Aqreement shall
remain in full force and effect unmodified except to the extent
provided herein.
CITY OF DELRAY BEACH
By:
Thomas Lynch, Mayor
ATTEST:
By:
City Clerk
Approved as to form:
By:
City Attorney
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
BY~~
' in Egan, C an
---
By: \ \-
) \
~A) ,,>/ ~~ ~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'JU!
SUBJECT: AGENDA ITEM ~ ~~ - MEETING OF NOVEMBER 17. 1992
RENEWAL OF THE AGREEMENT FOR CIVIL ENGINEERING SERVICES/GEE
AND JENSEN. INC.
DATE: November 13, 1992
This item is before you to renew the agreement for civil engineering
services with Gee and Jensen, Inc. They have executed our standard
form consulting agreement. Work, proj ects and services will be
authorized through service authorizations.
Gee and Jensen/s contract dated January 19, 1989 contained a clause
which provided for an additional three year renewal period when agreed
to in writing by both parties. Gee and Jensen has executed the
agreement and staff recommends Commission approval.
Recommend approval of the agreement for civil engineering services
with Gee and Jensen, Inc.
,
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I
Agenda Item No.:
AGENDA REQUEST
Date: 11/6/92
Request to be placed on:
X Regular Agenda
_____ Special Agenda
_____ Workshop Agenda Whenl 11/17/92
Description of item (who, what, where, how much): Staff requests Commission
approve a renewal of the agreement between the City and Gee & Jenson. Inc. for
General Civil Engineering services. Per the terms of the original three (3)
year agreement, the Contract may be renewed for another three (3) years by the
City.
ORDINANCE/RESOLUTION REQUIRED: YES/€9 DRAFT ATTACHED YES~
Recommendation: Staff recommends renewal of the Gee & ~en~on ~greement
Department Head Signature: ~~~ I~!tc>/., "Z..
Determinal:ion of Consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds) I
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: ~ ' -;t~ ~,~-J~ ~
Approved for agenda: (ig/NO !i1
I ~Li11-~1-
Hold Until:
Agenda Coordinator Review: l<M)~~ (~~'4~ .
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.. HI
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MEMORANDUM ~
N~~~ ~
, CIT 7~2
TO: David T. Harden YM4N4
ci ty Manager GrRS Or.
ab 0 A FICf
THRU: william H. Greenwood ~ ItJ tr> 't'-z.----
Dir. of Environmental Services
FROM: Richard Hasko, P. E. (?. ~
Asst. City Engineer
DATE: November 7, 1992
SUBJECT: Agreement for General civil Engineering Services
Gee & Jenson, Inc.
Attached please find an agenda request along with a copy of
the agreement for the subject contract. Gee and Jenson and
the City executed an original agreement for general civil
engineering services in 1989 for a three (3) year term. The
original agreement contained a clause allowing its renewal
for an additional three (3) year period if approved by city
commission. The purpose of this item is to request that
Commission exercise that option and renew the subject
agreement for an additional three (3) years.
DH:mm
cc: Ralph Hayden, P.E., City Engineer
Ted Glas, Purchasing Officer
File: Memo to City Manager
DHG&JN06.MRM
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j [ITY DF DELHAY BEA[H ,nlV1RONt~inHl\i SffxV,ICr\ 75
; 92NOV -2' PH 1:!J9 ~
CITY ATTORNEY'S OFFICE 20U NW 1st AVENUJ{kEh~I~iMl~IPFLORIDA 33444 /l~
FACSIMILE 407/278-4755
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: August 5, 1992
TO: Ralph Hayden, Deputy Director Environmental Services
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Continuinq Contracts with Gee and Jenson
I
! I am returning to you the original copies of the City's
standard agreement for engineering services as submitted by Gee
and Jenson. Gee and Jenson's contract dated January 19, 1989
I sets forth a continuing contract for municipal work which shall
, include roads, storm drainage, bridges, buildings' and other
! general municipal projects. The agreement period was for three
years from the date of execution of the agreement. The
agreement also had a clause that permitted renewal for an
j additional three year period when agreed to in writing by both
parties-and approved by the City Commission. ' .
i It is our office's opinion that renewing this contract pursuant
; to its current terms requires City Commission action. Please
prepare the appropriate documentation and submit this matter to
i t~~mmiSSion for their consideration.
I SA:&VL..---
Attachments
cc -,Bill Greenwood, Director of Environmental Services
'.
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L\ --~ ~r}.I~~
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P / ~ I/rp-~
A)~ j -'
'~~ -
AGREEMENT FO. SS
GENERAL CIVIL ENGINEERING SERVICES
Consultant:
Date:
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TABLE OF CONTENTS
gggg
I. Definitions; General Considerations 1
II. General Duties of Consultant 2
III. Duties of Consultant; Study and Report
Phase through Construction
Phase and Resident Project
Representative Services Phase 4
A. Phase I - Study and Report Phase 4
B. Phase II - Preliminary Design Phase 5
C. Phase III - Final Design Phase 6
D. Phase IV - Bidding/Negotiation Phase 7
E. Phase V - Contract Phase 8
F. Phase VI - Resident Project Representative
Services Phase 11
IV. Date and Services to be Provided by CITY 16
V. T~me of Performance 16
VI. Agreement Period 17
VII. Compensation 17
VIII.Payment 19
IX. Miscellaneous provisions 20
A, Ownership of Documents 20
B. Copies of Documents 20
C. Insurance 20
D. Litigation Services 23
E, Authority to Contract 23
F, Assignment 23
G. Confidential Information 23
H. Non-Exclusive Contract 23
I., Sub-Consultants 24
J. Notices 24
K. Attachments 25
L. Truth-In Negotiation Certificate 25
M. Records 25
N. Personnel 25
O. Equal Opportunity Employment; Non-Discrimination 25
P. prohibition Against Contingent Fees 26
Q. Termination 26
R. Indemnification 27
S. Interest of the Consultant 27
T. Compliance with Laws 27
U. Jurisdiction; Venue 28
,
TABLE OF CONTENTS cont.
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V, Attorney's Fees 28
W. Internal Disputes Between Owner and Consultant 28
X. Project Scheduling 28
y Extent of Agreement 28
Exhibit A: Service Authorization(s) (sample)
B: Hourly Rate Chart (sample)
C: Invoice (sample)
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AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this day of
, 19 , by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY", and GEE & JENSON
Engineers -Architects - Planners, Inc., hereinafter referred to as
"CONSULTANT" .
WITNESSETH:
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to
be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, the CONSULTANT shall provide such professional
services in accordance with this AGREEMENT and SERVICE
AUTHORIZATION(S) .
NOW, THEREFORE, in consideration of the premises and the
mutual benefits which will accrue to the parties hereto in carrying
out the terms of this AGREEMENT, it is mutually understood and
agreed as follows:
I. DEFINITIONS: GENERAL CONDITIONS
A. THE SCOPE OF WORK is be implemented as set forth by this
AGREEMENT and by SERVICE AUTHORIZATIONS, which are
attached hereto and made a part hereof, and as also may
be added as approved by the CITY from time to time.
B. A SERVICE AUTHORIZATION is a form to be used to authorize
work, proj ects, and services. The form shall be executed
by the CITY'S and CONSULTANT'S representatives. A CITY
purchase order number shall be identified on the form.
The purchase order authorization is established in the
CITY Code of Ordinances with provisions for expenditure
level of approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to this
AGREEMENT. The proj ects , work and services to be
performed by the CONSULTANT and time for completion of
the particular phase of the work by CONSULTANT shall be
authorized by a SERVICE AUTHORIZATION, The SERVICE
AUTHORIZATION shall include the scope of work to be
performed; the budget cost, complete with an itemization
of manhours, wage rates, reimbursable expenses, and other
related costs; schedule for completion and name of
proj ect manager. The SERVICE AUTHORIZATION shall be
signed by the CITY and the CONSULTANT'S authorized
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representative. A CITY purchase order shall be issued
with authorization identifying funds and amount of
expenditures. The terms of this AGREEMENT supersede the
terms stated on the purchase order.
C. CONSTRUCTION COSTS shall be the total estimated cost to
the CITY of all elements of the project designed or
specified by the CONSULTANT. Construction costs shall
include the cost at current market rates of labor and
materials furnished by the Contractor and equipment
designed, specified, selected or specially provided for
by the CONSULTANT, plus a reasonable allowance for the
contractor's overhead and profit. In addition, a
reasonable allowance for contingencies shall be included
for market conditions at the time of bidding and for
changes in the work during construction. Construction
cost does not include the compensation of the CONSULTANT
or CONSULTANT'S subconsultants, the cost of the land,
rights-of-way, financing or other costs which are the
responsibility of the CITY. The CONSULTANT shall use its
best judgment as a design professional familiar with the
construction industry in estimating the construction
cost.
D. PHASES: A phased approach may be utilized. The CITY and
the CONSULTANT shall have the right to negotiate the
terms of each phase as contained within each SERVICE
AUTHORIZATION, and to reject any SERVICE AUTHORIZATION,
if the parties cannot agree to the terms of the SERVICE
AUTHORIZATION. In the event the parties cannot agree,
the CITY may select another proposer or go out for
additional proposals in order to complete the subsequent
phase(s) of the project. This phased approach shall not
waive the CITY'S right to terminate the CONSULTANT'S
contract during any phase of the project.
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will be
that of a professional CONSULTANT, and the CONSULTANT
will provide the professional and technical services
required under this AGREEMENT in accordance with
acceptable professional practices and ethical standards,
No employer/employee relationships shall be deemed to be
established and the CONSULTANT, its agents,
subcontractors, and employees shall be independent
contractors at all times.
B. Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the CITY
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and apprise it of solutions to problems and the approach
or technique to be used towards accomplishment of the
CITY'S objectives as set forth in SERVICE AUTHORIZATIONS,
which will be made a part of this AGREEMENT upon
execution by both parties.
C, The scope of services to be provided shall be covered in
detail in SERVICE AUTHORIZATIONS,
D. The CITY shall establish a budget for each proj ect
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to the
CITY, new designs, drawings, specifications, reports and
other applicable services if the budget for the entire
project is exceeded during and up to completion of the
final design phase of the proj ect; however, nothing
contained herein shall require the CONSULTANT to bear
additional costs if the additional costs are a result of
a change in the scope of services directed by the CITY,
E. The CONSULTANT shall be responsible for the professional
quality, technical accuracy, timely completion,
compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any errors,
omissions or other deficiencies in the CONSULTANT'S
designs, drawings, specifications, reports and other
services, the CONSULTANT shall, without additional
compensation, correct or revise said errors or omissions
to the satisfaction of the CITY.
F. Approval by the CITY of drawings, designs,
specifications, reports and incidental professional
services or materials fULnished hereunder shall not in
any way relieve the CONSULTANT of responsibility for the
technical adequacy of its work, The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a waiver of
any rights under this AGREEMENT or of any cause of action
arising out of the performance of this AGREEMENT.
G. The CONSULTANT designates W. Richard Staudinger as its
representative to act as liaison with the CITY, The
representative shall manage and coordinate CITY projects
and is hereby authorized to act on behalf of the
CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter with
respect to performance of services for the CITY in
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accordance with the AGREEMENT. Any change to name
another person shall be requested in writing to the CITY,
and shall be approved by ~he CITY.
H, CONSULTANT shall attend all meetings, as specified or as
defined in each SERVICE AUTHORIZATION of the CITY
Commission or any CITY approval Board, where the project
is discussed, unless the CITY'S representative declares
such attendance and participation is not necessary. In
addition, the CONSULTANT shall attend all additional
meetings as may be required to facilitate the project.
III. DUTIES OF CONSULTANT; STUDY AND REPORT PHASE THROUGH
CONSTRUCTION PHASE AND RESIDENT PROJECT REPRESENTATIVE
SERVICES PHASE
The following Duties of CONSULTANT are separated into
phases of the project which if approved via SERVICE AUTHORIZATIONS
shall be performed by the CONSULTANT. The CITY may require SERVICE
AUTHORIZATIONS which contain additional requirements applicable to
the project, The CITY must authorize through SERVICE
AUTHORIZATIONS, the commencement of each phase of the work.
A. Phase I - Study and Report Phase
If the Study and Report Phase is authorized, the
following requirements shall apply.
(1) The CONSULTANT shall consult with the CITY to
clarify and define the CITY'S requirements for the
project and review available data.
(2) The CONSULTANT shall advise the CITY as to the
necessity of the CITY'S providing or obtaining from
others, data or services.
(3) The CONSULTANT shall identify and analyze permit
and approval requirements of all governmental
authorities having jurisdiction to approve the
design of the project and participate in
consultations with such authorities.
(4) The CONSULTANT shall provide analyses of the CITY'S
needs, planning surveys, site evaluations and
comparative studies of prospective sites and
solutions.
(5) The CONSULTANT shall provide a general economic
analysis of Owner's requirements applicable to
various alternatives.
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(6) The CONSULTANT shall prepare a Report containing
schematic layouts, sketches and conceptual design
criteria with appropriate exhibits to indicate
clearly the considerations involved (including
applicable requirements of governmental authorities
having jurisdiction as aforesaid) and the
alternative solutions available to the CITY and
setting forth CONSULTANT'S findings and
recommendations, This Report will be accompanied
by CONSULTANT'S pre-design estimate of probable
costs for the project, including, but not limited
to the following which will be separately itemized:
Construction Cost, allowance for engineering costs
and contingencies allowances for such other items,
such as charges of all other professionals and
consultants, for the cost of land and rights-of-
way, for compensation for or damages to properties,
and for permit, review and/or approval fees by
other governmental agencies, if required. The
CONSULTANT shall also provide a preliminary
evaluation of the CITY'S Project Schedule. The
CITY'S project Schedule and probable construction
costs shall be evaluated and updated throughout
subsequent phases of the work.
(7) The CONSULTANT shall furnish the number of copies
of the Study and Report documents as provided in
the SERVICE AUTHORIZATION and review them with the
CITY.
B, Phase II - Preliminary Design Phase
If the Preliminary Design Phase is authorized, the
following requirements will apply:
(1) The CONSULTANT, in consultation with the CITY shall
determine the general scope, extent and character
of the Project.
(2) Prepare preliminary Design documents consisting of
final design criteria, preliminary drawings,
outline specifications and written descriptions of
the Project.
(3) Advise the CITY if ~dditional data or services are
necessary and assist the CITY in obtaining such
data and services,
(4) Furnish the specified number of copies of the above
Preliminary Design documents as contained within
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the SERVICE AUTHORIZATION and present and review
them with the CITY.
(5) The CONSULTANT shall submit to the CITY a
preliminary estimate of construction costs based on
current area, volume or other unit costs, which
shall be updated throughout the design development
phase.
(6) The CONSULTANT shall prepare a development
schedule, which shall include, but shall not be
limited to, the review and approval times by all
governmental agencies as may be required.
(7) The CONSULTANT shall make available all design
calculations and associated Data, and participate
in meetings in which Value Engineering Analysis of
the project takes place, at such times and places
as shall be determined by the CITY.
C, Phase III. Final Design Phase.
If the Final Design Phase is authorized, the following
requirements shall apply:
(1) The CONSULTANT shall prepare construction documents
which shall include but not be limited to drawings
and technical specifications, general and
supplementary conditions, bid forms, invitations to
bid, instructions to bidders, with technical
criteria, descriptions and design data necessary
for permitting by governmental authorities, details
of the requirements for construction of the project
based on design development documents and shall
include any further adjustments in the scope or
quality of the project or in the construction
budget authorized by the CITY.
(2) The CONSULTANT shall in the preparation of
construction documents, technical criteria, written
descriptions and design data, take into account all
currently prevailing codes and regulations
governing construction in the City of Delray Beach,
Florida, and shall meet the requirements of all
other agencies or governmental authorities having
jurisdiction over the project.
(3) The CONSULTANT shall prepare a detailed cost
estimate, which shall be reviewed by the CITY prior
to going out for bids.
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(4) The CONSULTANT shall provide the required documents
and attend meetings as necessary, for the approval
of governmental boards, agencies or authorities
having jurisdiction over the project.
(5) The CONSULTANT shall use bid documents provided by
the CITY including bidding forms, conditions of the
contract, and form of AGREEMENT between the CITY
and CONTRACTOR.
(6) The CONSULTANT shall prepare all documents
including design and plan revisions required for
the approval of governmental authorities having
jurisdiction over the project. Said approvals are
required prior to the public notice for the
Invitation to Bid and are the sole responsibility
of the CONSULTANT.
(7) The CONSULTANT shall provide the CITY the number of
copies of Contract Documents, plus one set of
mylars incorporating record drawing documentation
as prepared by the CONTRACTOR at the completion of
the entire project, as specified in the SERVICE
AUTHORIZATION.
D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following
requirements shall apply:
(1) The CONSULTANT shall assist the CITY in obtaining
bids or negotiated proposals, assist in awarding
and preparing contracts for construction, attend
pre-bid conferences, prepare addenda, provide
written reconunendation of award, assist in the
attainment of the required bonds and certificates
of insurance.
(2) The CONSULTANT shall attend the bid opening,
prepare bid tabulation sheets and assist the CITY
in evaluating bids or proposals and in assembling
and awarding contracts for construction, materials,
equipment and services.
(3) The CONSULTANT shall issue addenda as appropriate
to interpret, clarify or expand the Bidding
Documents.
(4) The CONSULTANT shall consult with and advise the
CITY as to the acceptability of subcontractors,
suppliers and other persons and organizations
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proposed by the prime contractor(s) (herein called
CONTRACTOR (S) ) for those portions of the work as to
which such acceptability is required by the Bidding
Documents.
(5) Consult with the CITY concerning and determine the
acceptability of substitute materials and equipment
proposed by CONTRACTOR(S) when substitution prior
to the award of contracts is allowed by the Bidding
Documents.
E. Phase V - Construction Phase
If Contract Administration is authorized, the following
requirements shall apply:
(1) The CONSULTANT shall provide administration of the
contract for construction as set forth herein and
as contained within the general conditions of the
contract for construction.
(2) The CONSULTANT shall be a representative of and
shall advise and consult with the CITY during
construction and until final payment to the
contractor is due. The CONSULTANT shall have
authority to act on behalf of the CITY only to the
extent provided in this AGREEMENT and as provided
in the contract for construction unless otherwise
modified by written instrument.
(3) The CONSULTANT shall visit the site at regular
intervals appropriate to the stage of construction
or as otherwise agreed to by the CITY and the
CONSULTANT, in writing, to become generally
familiar with the progress and quality of the work
completed and shall determine in general if the
work is being performed in a manner indicating that
the work when completed will be in accordance with
the Contract Documents. The CONSULTANT shall be
required to make on-site observations to review the
work. The CONSULTANT shall keep the CITY informed
of the progress and quality of the work and shall
provide certification to the CITY of satisfactory
completion of all phases of the work in full
compliance with the plans, specifications, and/or
approved changes or modifications thereto.
(4) The CONSULTANT shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques, sequences
or procedures of construction or for safety
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precautions and programs in connection with the
work, since these are solely the CONTRACTOR'S
responsibility under the contract for construction,
The CONSULTANT shall make every reasonable effort
to ensure that the CONTRACTOR completes the work in
accordance with his schedule and carries out the
work in accordance with the Contract Documents.
(5) The CONSULTANT based on observations and
evaluations of CONTRACTOR'S applications for
payment, shall review and certify the amounts due
the CONTRACTOR.
(6) The CONSULTANT'S certification for payment shall
constitute a representation to the CITY, based on
the CONSULTANT'S observations at the site as
provided herein and on the data comprising the
CONTRACTOR'S application for payment, that the work
has progressed to the point indicated and that, to
the best of the CONSULTANT'S knowledge,
information, and belief, the quality and quantity
of the work is in accordance with the Contract
Documents. The foregoing representations are
subject to an evaluation of the work for
conformance with the Contract Documents upon
substantial completion, to results of subsequent
tests and inspections, to minor deviations from the
Contract Documents, correctable prior to completion
and to specific qualifications expressed by the
CONSULTANT. The issuance of the certificate of
payment shall further constitute a representation
that the CONSULTANT has made observations to review
the quality or quantity of the work.
(7) The CONSULTANT shall have authority to disapprove
of or reject CONTRACTOR'S work which does not
conform to the Contract Documents, The CONSULTANT
will have authority to require additional
inspection or testing of the work in accordance
with the provisions of the Contract Documents,
whether or not such work is fabricated, installed
or completed.
(8) The CONSULTANT shall review and approve or take
other appropriate action upon CONTRACTOR'S
submittals such as shop drawings, product data, and
samples for the purpose of checking for conformance
with information given and the design concept
expressed in the Contract Documents. The
CONSULTANT shall evaluate and determine the
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acceptability of substitute materials and equipment
proposed by CONTRACTORS.
(9 ) The CONSULTANT shall prepare change orders and
construction change directives with supporting
documentation and data if deemed necessary by the
CONSULTANT, for the CITY'S approval and execution
in accordance with the Contract Documents, and may
authorize minor changes in the work not involving
an adjustment in the contract sum or an extension
of the contract time which are not inconsistent
with the intent of the Contract Documents.
(10) The CONSULTANT shall conduct inspections to
determine the date or dates of substantial
completion and the date of final completion, shall
receive and forward to the CITY for the CITY'S
review and records, written warranties and related
documents required by the Contract Documents and
assembled by the CONTRACTOR and shall issue a final
certificate for payment upon compliance with the
requirements of the Contract Documents.
(11) The CONSULTANT shall interpret matters concerning
performance of the CITY and CONTRACTOR under the
requirements of the Contract Documents on written
request of either the CITY or CONTRACTOR. The
CONSULTANT'S response to such requests shall be
made with reasonable promptness and within any time
limits agreed upon,
(12) Interpretations of the CONSULTANT shall be
consistent with the intent of and reasonably
inferable from the Contract Documents and shall be
in writing or in the form of drawings. When making
such interpretation~, the CONSULTANT shall endeavor
to secure faithful performance by both the CITY and
the Contractor.
(13) The CITY shall be the final arbiter on matters
relating to aesthetics.
(14) The CONSULTANT shall render written interpretations
within a reasonable time on all internal disputes
between the CITY and CONTRACTOR relating to the
execution of the progress of the work as provided
in the Contract Documents.
(15) The CONSULTANT'S interpretations on internal
disputes are not binding on the CITY and the CITY
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may result to remedies afforded by this contract to
resolve the issue.
(16) The CONSULTANT shall provide the number of sets of
the construction documents to the CONTRACTOR as
specified in the SERVICE AUTHORIZATION.
(17) The CONSULTANT shall prepare a set of reproducible
record prints of Drawings showing those changes
made during the construction process, based on the
marked-up prints, drawings and other data furnished
by CONTRACTOR(S) to CONSULTANT and which CONSULTANT
considers significant.
( 18 ) In company wi th the CITY, the CONSULTANT shall
visit the Project to observe any apparent defects
in the completed construction, assist the CITY in
consultations and discussions with CONTRACTOR (S)
concerning correction of such deficiencies, and
make recommendations as to replacement or
correction of defective work,
F. Phase VI - Resident proj ect Representative Services Phase
If the Resident project Representative Services Phase is
authorized the following requirements shall apply:
A. A Resident project Representative will be assigned
to assist CONSULTANT in carrying out his
responsibilities to CITY at the site. Resident
Project Representative is CONSULTANT'S agent at
site, will act as directed by and under the
supervision of CONSULTANT, and will confer with
CONSULTANT regarding Resident Representative's
actions. Resident Representative's dealing in
matters pertaining to the on-site work shall in
general be with CONSULTANT and CONTRACTOR keeping
the CITY advised as necessary. Resident proj ect
Representative's dealings with subcontractors shall
only be through or with the full knowledge and
approval of CONTRACTOR. Resident Project
Representative shall generally communicate with the
CITY with the knowledge of and under the direction
of CONSULTANT,
B. Resident project Representative shall where
applicable:
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1. Review the progress schedule, schedule of Shop
Drawing submittals and schedule of values
prepared by CONTRACTOR and consult with
CONSULTANT concerning its general
acceptability.
2. Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress
meetings, job conferences and other project-
related meetings, and prepare and circulate
copies of minutes thereof.
3. Working principally through CONTRACTOR'S
superintendent, assist CONSULTANT in serving
as the CITY'S liaison with CONTRACTOR, when
CONTRACTOR'S operations affect the CITY'S on-
site operations.
4. Assist in obtaining from the CITY additional
details or information, when required for
proper execution of the Work.
s. Record date of receipt of Shop Drawings and
samples.
6. Receive samples which are furnished at the
site by CONTRACTOR, and notify the CONSULTANT
of availability of samples for examination.
7. Advise the CONSULTANT and CONTRACTOR of the
commencement of any Work requiring a Shop
Drawing if the submittal has not been approved
by the CONSULTANT.
8. Conduct on-site observations of the Work in
progress to assist the CONSULTANT in
determining if the Work is, in general,
proceeding in accordance with the Contract
Documents.
9, Report to the CONSULTANT whenever Residential
Project Representative believes that any Work
is unsatisfacto~, faulty or defective or does
not conform to the Contract Documents, or has
been damaged, or does not meet the
requirements of any inspection, test or
approval required to be made; and advise the
CONSULTANT of Work that Resident Project
Representative believes should be uncovered
for observation, or requires special testing,
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inspection or approval, Nothing herein shall
relieve the CONTRACTOR or the CONSULTANT from
the duties imposed by the contract.
10. Verify that tests, equipment and systems
startups, and operating and maintenance
training are '~onducted in the presence of
appropriate personnel, and that CONTRACTOR
maintains adequate records thereof; and
observe, record and report to the CONSULTANT
appropriate details relative to the test
procedures and startups.
11. Accompany visiting inspectors representing
public or other agencies having jurisdiction
over the Project, record the results of these
inspections and report to the CONSULTANT.
12. Report to CONSULTANT when clarifications and
interpretations of the Contract Documents are
needed and transmit to CONTRACTOR
clarifications and interpretations as issued
by the CONSULTANT.
13. Consider and evaluate CONTRACTOR'S suggestions
for modifications in Drawings or
Specifications and report with Resident
Project Representative's recommendations to
the CONSULTANT. Transmit to CONTRACTOR
decisions as issued by the CONSULTANT.
14. Maintain at the job site orderly files for
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions of
original Contract Documents including all Work
Directive Changes, Addenda, Change Orders,
Field Orders, additional Drawings issued
subsequent to the execution of the Contract,
CONSULTANT'S clarifications and
interpretations of the Contract Documents,
progress reports, and other Project related
documents.
15. Keep a diary or log book, recording CONTRACTOR
hours on the job site, weather conditions,
data relative to questions of Work Directive
Changes, Change Orders or changed conditions,
list of job site visitors, daily activities,
decisions, observations in general, and
specific observations in more detail as in the
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case of observing test procedures; and send
copies to the CONSULTANT,
16. Record all names, addresses and telephone
numbers of the CONTRACTOR, all subcontractors
and major suppliers of material and equipment,
17. Furnish the CONSULTANT periodic reports as
required of progress of the Work of the
CONTRACTOR'S compliance with the progress
schedule and schedule of Shop Drawing and
sample submittals.
18. Consult with the CONSULTANT in advance of
schedule major tests, inspections or start of
important phases of the Work,
19. Draft proposed Change Orders and Work
Directive Changes, obtaining backup material
from CONTRACTOR and recommend to the
CONSULTANT, Change Orders, Work Directive
Changes, and Field Orders.
20. Report immediately to the CONSULTANT and the
CITY upon the occurrence of any accident.
21. Review applications for payment with
CONTRACTOR for compliance with the established
procedure for their submission and forward
with recommendations to the CONSULTANT, noting
particularly the relationship of the payment
requested to the schedule of values, Work
completed and materials and equipment
delivered at the site but not incorporated in
the Work.
22, During the course of the work, verify that
certificates, maintenance and operation
manuals and other data required to be
assembled and furnished by CONTRACTOR are
applicable to the items actually installed and
in accordance with the Contract Documents, and
have this material delivered to the CONSULTANT
for review and forwarding to CITY prior to
final payment for the Work,
23. Before the CONSULTANT issues a Certificate of
Substantial Completion, submit to CONTRACTOR a
list of observ~d items requiring completion or
correction.
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24, Conduct final inspection in the company of the
CONSULTANT, the CITY and the CONTRACTOR and
prepare a final list of items to be completed
or corrected.
25. Observe that all items on final list have been
completed or corrected and make recom-
mendations to the CONSULTANT concerning
acceptance.
C. The Resident Project Representative shall not:
1. Authorize any deviation from the Contract
Documents or substitution of materials or
equipment.
2. Exceed limitations of the CONSULTANT'S
authority as set forth in the Contract
Documents.
3. Undertake any of the responsibilities of
CONTRACTOR, subcontractors, or CONTRACTOR'S
superintendent.
4. Advise on, issue directions relative to or
assume control over any aspect of the means,
methods, techniques, sequences or procedures
of construction unless such advice or
directions are specifically required by the
Contract Documents.
5. Advise on, issue directions regarding or
assume control over safety precautions and
programs in connection with the Work.
6. Accept Shop Drawing or sample submittals from
anyone other than CONTRACTOR.
7. Authorize the CITY to occupy the Project in
whole or in part.
e, Participate in specialized field or laboratory
tests or inspections conducted by others
except as specifically authorized by the
CONSULTANT,
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IV, DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports, studies,
instruments, documents, and other information as the
CONSULTANT and CITY mutually deem necessary and which are
under control of the CITY.
B. Other data and services to be agreed upon in subsequent
SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to obtaining
bids or proposals from contractors.
D, The City Manager or his designee shall act as the CITY'S
representative with respect to the work to be performed
under this AGREEMENT. The City Manager or his designee
shall have the authority to the extent authorized by the
Ci ty Charter and Code of Ordinances to exercise the
rights and responsibilities of the CITY provided in this
contract. Said authority may include but is not limited
to: transmit instructions, stop work, receive
information, interpret CITY'S pOlicies and decisions with
respect to materials, equipment, elements, and systems
pertinent to the services covered by this AGREEMENT.
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after issuance of
a notice to proceed.
B. The CONSULTANT'S services called for under the AGREEMENT
shall be completed in accordance with the schedule
contained in each SERVICE AUTHORIZATION. If the
CONSULTANT'S services are unreasonably delayed by the
CITY in excess of 180 days, the time of performance and
compensation shall be renegotiated, provided; however,
the CONSULTANT as a condition precedent to renegotiation
shall notify the CITY within fifteen (15) calendar days
of said delay of CONSULTANT'S proposed additional costs
incurred by reason of said delay.
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VI, AGREEMENT PERIOD
The period of service is from the date of execution of this
AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each SERVICE
AUTHORIZATION shall delineate a time for completion of the
service to be rendered.
VII. COMPENSATION
A. The CITY will compensate the CONSULTANT for the services
performed on each SERVICE AUTHORIZATION in accordance
with a negotiated lump sum, or a not to exceed budgeted
amount based on time charges which are based upon hourly
rates, plus reimbursable expenses if compensation is
based on Method II and other related costs as are
specified in the SERVICE AUTHORIZATION.
1 . METHOD 1 - LUMP SUM
Lump Sum Amount. Wherever possible, the scope of
services for Services, Projects or Programs shall
be thoroughly defined and outlined prior to its
authorization. The CITY and CONSULTANT shall
mutually agree to a lump sum amount for services to
be rendered and a detailed scope of services.
Should the CITY deem that a change in the scope of
services is appropriate, then a decrease or
increase in compensation shall be authorized in
writing. In lump sum contracts, the CONSULTANT
shall submit the estimated man hours, wage rates
and other actual unit costs supporting the
compensation. The CONSULTANT shall submit a truth
in negotiation certificate stating that all data
supporting the compensation is accurate, complete
and current at the time of contracting.
2 . METHOD I I - TIMES CHARGES /NOT TO EXCEED BUDGETED
AMOUNT
Computation of Time Charges/Not to Exceed Amount.
When a service is to be compensated for on a time
charge/not to exceed basis, the CONSULTANT will
submit a not to exceed budget cost to the CITY for
prior approval based on actual time charges which
shall not exceed established hourly rates as shown
in Exhibit B attached hereto, plus reimbursable
expenses and other related costs. The CITY shall
not be obligated to reimburse the CONSULTANT for
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costs incurred in excess of the not to exceed cost
amount.
a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based upon
the established raw hourly salary rates as
shown in Exhibit B for services rendered on
CITY projects multiplied by an overhead factor
containing a ten percent (10%) profit, which
shall not exceed 3.0. The overhead factor may
be subject to audit. The schedule of hourly
rates as set forth in Exhibit B is attached
hereto and made a part hereof. The rates
listed in Exhibit B may be adjusted upon
AGREEMENT of the parties.
b, In addition, the CITY shall pay for
reimbursable expenses invoiced at the actual
cost of expenditures incurred by the
CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
(1) Actual expense of transportation and
lodging in accordance with CITY
policy in effect at the time of
travel when traveling in connection
with each SERVICE AUTHORIZATION,
express courier charges, and permit
fees paid for securing approval of
authorities having jurisdiction over
the project.
(2) Actual expense of reproductions of
Drawings and Specifications
including duplicate sets of the
completion of each SERVICE
AUTHORIZATION for the CITY'S review
and approval.
(3) Actual expenses of testing,
laboratory services, and field
equipment,
(4) Actual expense of overtime work
requiring higher than regular rates,
when authorized by the CITY.
(5) Actual expense of computer time.
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(6) Actual expense of Auto Travel at the
established CITY rate per mile for
travel outside Palm Beach County.
B. Subcontractual service shall be invoiced at the actual
fees paid by the CONSULTANT, plus an additional ten
percent (10%) of the cost of these services to compensate
CONSULTANT, for the procuring and management of the sub-
consultant, and for the other financial and
administrative costs, Subcontractual services shall be
approved by the CITY in writing prior to performance of
the subcontractual work.
C. Total Compensation (including, but not limited to
compensation for sub-consultants) for all services and
expenses shall not exceed the budget cost listed upon
each SERVICE AUTHORIZATION, without written approval.
D. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT, including
profit, negotiated in connection with this AGREEMENT or
any cost reimbursable under this AGREEMENT was increased
by any significant sums because the CONSULTANT or any
subcontractor furnished incomplete or inaccurate costs or
pricing data, then such pr.ice or cost or profit shall be
reduced accordingly and the SERVICE AUTHORIZATION shall
be reduced accordingly and the SERVICE AUTHORIZATION
shall be modified in writing to reflect such reduction,
VIII. PAYMENT
The CITY agrees that it will use its best effort to pay the
CONSULTANT within thirty (30) calendar days from presentation
of the CONSULTANT'S itemized report and invoice and approval
of the CITY'S representative, unless additional time for
processing is required for payments for basic services,
subcontractual services, and reimbursable expenses as defined
in Section VII. The CONSULTANT shall submit monthly invoices,
as required in the SERVICE AUTHORIZATION, which shall include
a report of work completed during the respective invoice
period. Invoices shall be in a format consistent with those
shown in Exhibit C. The report shall be adequate in detail to
describe work progress (% complete for each task) and written
summaries of work completed. No payment request shall exceed
the value of work and services performed by the CONSULTANT
upder the SERVICE AUTHORIZATION.
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IX. MISCELLANEOUS PROVISIONS
A. Ownership of Documents:
All reproducible mylar drawings, computations, C.A.D.
disks in a format compatible with CITY'S Computer system,
details, design calculations, and all other documents and
plans that result from the CONSULTANT'S SERVICES under
this AGREEMENT shall become and remain the property of
the CITY, including copyright rights, whether the proj ect
is completed or not, CONSULTANT reserves the right to
retain a copy of all such documents for record purposes.
Where such documents are required to be filed with
governmental agencies, the CONSULTANT will furnish copies
to the CITY upon request. The contract work is
represented by hard copy documentation; software, is
provided to the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the CITY'S
processes, as well as other governmental authorities.
See also Section III (C) (8) for additional requirements.
The CITY acknowledges that the materials cited in
Paragraph IX A. and other data provided in connection
with this AGREEMENT which are provided by the CONSULTANT
are not intended for use in connection with any project
other than the proj ect for which such materials are
prepared. Any use by the CITY of such materials in
connection with a project other than that for which such
materials were prepared without prior written consent and
adaptation by the CONSULTANT shall be at the CITY'S sole
risk, and the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
Without limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall, at
his own expense, provide and maintain in force, until all
of its services to be perfonned under this AGREEMENT have
been completed and accepted by the CITY (or for such
duration as it otherwise specified hereinafter), the
following insurance coverages:
1. Worker's Compensation Insurance to apply to all of
the CONSULTANT'S employees in compliance with the
"Worker's Compensation Law" of the State of Florida
and all applicable Federal Laws.
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A. Employer's Liability with limits of $100,000
per person, $500,000 per occurrence and
$100,000 per each disease.
2. Comprehensive General Liability with minimum limits
of One Million Dollars ($1,000,000,00) per
occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General
Liability policy, without restrictive endorsements
other than ISO Endorsement GL 21 06 (Engineers,
Architects, or Surveyors Professional Liability
exclusion) , as Filed by the Insurance Services
Office and must include:
a, Premises and/or Operations
b. Independent Contractors
c. Products and Completed Operations -
CONSULTANTS shall maintain in force until at
least three years after completion of all
services :r:equired under this AGREEMENT,
coverage for Products and Completed
Operations, including Broad Form Property
Damage.
d. Broad Form Property Damage
e. Contractual Coverage applicable to this
specific AGREEMENT.
f. Personal Injury Coverage with minimum limits
of coverage equal to those required for Bodily
Injury Liability.
3. Business Automobile Liability with minimum limits
of Three Hundred Thousand Dollars ($300,000.00) per
occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than
the latest edition of the Business Automobile
Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office and must
include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
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C. Employers' Non-Ownership
4. Professional Liability Insurance with minimum
limits of Two Hundred Fifty Thousand Dollars
($250,000,00) per occurrence applicable to CITY
projects. Coverage shall be afforded on a form
acceptable to the Crry. CONSULTANT shall maintain
such professional liability insurance until at
least one year after a Certificate of Occupancy is
issued.
5. Prior to commencement of services, the CONSULTANT
shall provide to the CITY Certificates of Insurance
evidencing the insurance coverage specified in the
foregoing Paragraphs Cl, C2, C3, C4. All policies
covered within subparagraphs Cl, C2, C3, C4, shall
be endorsed to provide the CITY with thirty (30)
days notice of cancellation and/or restriction.
The CITY shall be named as an additional insured as
to CONSULTANT'S liability on policies referenced in
subparagraphs C2 and C3. The required Certificates
of Insurance shall not only name the types of
policies provided, but also shall refer
specifically to this AGREEMENT and section and to
the above paragraphs in accordance with which
insurance is being furnished, and shall state that
such insurance is as required by such paragraphs of
this AGREEMENT. The CONSULTANT shall also make
available to the CITY a certified copy of the
professional liability insurance policy required by
paragraph 4 above for the CITY'S review. Upon
request, the CONSULTANT shall provide copies of all
other insurance policies,
6. If the initial insurance policies required by this
AGREEMENT expire prior to the completion of the
services, renewal Certificates of Insurance of
policies shall be furnished thirty (30) days prior
to the date of their expiration. For Notice of
Cancellation and/or Restriction; the policies must
be endorsed to provide the CITY with thirty (30)
days notice of cancellation and/or restriction.
7. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a primary basis.
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D. Litigation Services:
It is understood and agreed that CONSULTANT'S services
include reasonable participation in litigation or dispute
resolution arising from this AGREEMENT. CONSULTANTS
participation shall include up to 30 hours of services
related to litigation or dispute resolution. Any such
services in excess of 30 hours shall be an additional
service.
E. Authority to Contract:
The CITY represents that it is a political subdivision of
the State of Florida with the authority to engage the
CONSULTANT for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation for
payment for the services described in the SERVICE
AUTHORIZATIONS.
F. Assignment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of such
other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in this
AGREEMENT without the written consent of the other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between the CITY
and the CONSULTANT and all information developed or work
products produced by the CONSULTANT during its employment
and all matters relevant to the business of the CITY not
otherwise being a matter of public record shall be deemed
to be confidential. All such information and work
product shall be protected by the CONSULTANT and shall
not be revealed to other persons without the express
written permission of the CITY, unless mandated by order
of the court.
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to other
firms pursuant to the Florida Statutes Consultant's
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Competitive Negotiations Act during the period of service
of the CONSULTANT. The CONSULTANT agrees to cooperate
with the CITY and other firms in accomplishing work that
may require joint efforts to accomplish the CITY's goals.
This cooperation, when requested by the CITY, will
include but not be limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
I. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of any
subcontractors or other professional associates in
connection with services covered by this AGREEMENT,
CONSULTANT must secure the prior written approval of the
CITY.
J. Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered United States mail, with return receipt
requested, addressed to the party for whom it is intended
at the place last written, as the place for giving of
notice in compliance with the provisions of this
paragraph. For the present, the parties designate the
following as the respective places of giving of notice to
wit:
City of Delray Beach
City Manager
City of Delray Beach, Florida
100 N.W, 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
GEE & JENSON
Engineers-Architects-Planners, Inc.
One Harvard Circle
West Palm Beach, Florida 33409
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K. Attachments:
Request for Qualifications is hereby incorporated within
and made an integral part of this AGREEMENT.
L. Truth-In-Negotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act as
the execution of a truth in negotiation certificate
stating that wage rates and other factual unit costs
supporting the compensation of this AGREEMENT are
accurate, complete, and current. The original contract
price and any additions thereto shall be adjusted to
exclude any significant sums by which the CITY determines
the contract price was increased due to inaccurate,
incomplete, or non-current wage rates and other factual
unit costs.
M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY or
its authorized representative at mutually convenient
times.
N. Personnel:
The CONSULTANT represents that it has or will secure, at
its own expense, qualified personnel required in
performing the services under this AGREEMENT. All work
shall be performed under the direction of a professional,
registered under the State of Florida in the field for
which he is responsible for performing such services.
The project manager shall be approved by the CITY under
each SERVICE AUTHORIZATION. Key project personnel will
be identified for each project and expected to perform
the work assignment as can reasonably be expected, and as
approved by the CITY.
0, Equal Opportunity Employment: Non-Discrimination:
CONSULTANT agrees that it will not discriminate against
employees or applicants for employment because of race,
creed, color, religion, sex, age, handicapped status or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading,
demotion or transfer; recruitment advertising; lay-off or
termination; rates of payor other forms of compensation;
and selection for training, including apprenticeship.
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The CONSULTANT agrees to post in conspicuous places,
available to employees and applicants for employment,
notices setting forth this non-discrimination clause.
This provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
p, Prohibition Against Contingent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or
secure this AGREEMENT, and that he has not paid or agreed
to pay any persons, company, corporation, individual or
firm, other than a bona fide employee working solely for
the CONSULTANT any fee, commission, percentage, gift, or
any other consideration, contingent upon or resulting
from the award or making of this AGREEMENT.
Q, Termination:
This AGREEMENT may be terminated by either party by seven
(7) calendar days prior written notice, in the event of
substantial failure to perform in accordance with the
terms hereof by the other party through no fault of the
terminating party. The CONSULTANT and the CITY shall
also have a right to '.:erminate this AGREEMENT for
convenience at any time by thirty (30) calendar days
written notice to either one or the other. In the event
the project described in any SERVICE AUTHORIZATION, or
the services of the CONSULTANT called for under any
SERVICE AUTHORIZATION, is or are suspended, canceled, or
abandoned by the CITY, the CONSULTANT shall be given five
days prior written notice of such action and shall be
compensated for the professional services provided and
reimbursable expenses incurred up to the date of
suspension, cancellation or abandonment. The CONSULTANT
agrees to provide all documents to the CITY (specifically
those referenced in paragraph IX.A. Further, prior to
the CONSULTANT'S destruction of any of the above-
referenced documents, the CITY shall be notified and
allowed a reasonable period to gain access to and make
copies of any such documents. Upon any termination of
this AGREEMENT, the CONSULTANT agrees that it shall use
its best efforts to work harmoniously with any successor
who enters an AGREEMENT to provide services for the CITY
in order to provide for a smooth transition period.
c
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R. Indemnification:
The CONSULTANT will at all times indemnify, save and hold
harmless and defend the CITY, its officers, agents (the
term agents shall not include the contractor(s), any
subcontractors, any materialmen or others who have been
retained by the CITY or CONTRACTOR, or materialmen to
supply goods or services to the project) and employees,
from and against all liability, any claim, demand,
damage, loss, expense or cause of action and costs
(including attorney's fees at trial or appellate levels)
arising out of error, omission, or negligent act of
CONSULTANT, its agents, servants or employees in the
performance of services under this AGREEMENT. The
CONSULTANT further agrees to indemnify, hold harmless and
defend the CITY, its officers, agents and employees from
and against any claim, demand or cause of action arising
out of any negligence or misconduct of CONSULTANT for
which the CITY, its agents, servants or employees are
alleged to be liable. The indemnifications contained
herein shall survive the expiration or earlier
termination of this AGREEMENT. The monetary limitation
on the extent of the CONSULTANT'S liability shall be Two
Hundred Fifty Thousand Dollars ($250,000.00). Nothing in
this AGREEMENT shall be deemed to affect the rights,
privileges and immunities of the CITY as set forth in
Florida Statutes 768.28.
S, Interest of the CONSULTANT:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct or
indirect, in any Project to which this AGREEMENT pertains
or any other interest which would conflict in any manner
or degree with the performance of its services hereunder.
The CONSULTANT further covenants that in the performance
of this AGREEMENT, no person having such interest shall
be employed.
T. Compliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the CITY OF DELRAY
BEACH as amended from time to time, and that exist
at the time of building permit issuance.
b. For SERVICE AUTHORIZATIONS invol ving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
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approve the applicable required provisions or any
other supplemental provisions as may be included in
each SERVICE AUTHORIZATIONS.
U. Jurisdiction: Venue:
The CONSULTANT hereby covenants, consents and yields to
the jurisdiction of the State Civil Courts of Palm Beach
County, Florida. Any dispute between CONSULTANT and the
CITY shall be governed by the laws of Florida with venue
in Palm Beach County Court.
V. Attorney's Fees:
In the event a suit is filed in court arising out of this
AGREEMENT, then the prevailing party shall be entitled to
recover from the other party all costs incurred,
including reasonable attorney's fees, including
attorney's fees and costs on appeal.
W. Internal Dispute in Architectural Contract Between Owner
and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between CITY and CONSULTANT.
X. project Scheduling:
CONSULTANT shall provide scheduling to the CITY based on
the construction scheduling program PRIMAVERA and provide
the CITY, within ten (10) days of the date of
conunencement as contained within the SERVICE
AUTHORIZATION, a diskette with the proposed program
schedule. During the course of the work, CONSULTANT
shall provide monthly updates with a written description
of any changes in the schedule. The diskette shall be in
a format compatible with the CITY'S computer system:
Y. Extent of Agreement:
This AGREEMENT represents the entire integrated AGREEMENT
between the CITY and the CONSULTANT and supersedes all
prior negotiations, representations or AGREEMENTS,
written or oral, This AGREEMENT may not be amended,
changed, modified, or otherwise altered in any way, at
any time after the execu~ion hereof, except by approval
of the CITY Conunission.
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IN WITNESS WHEREOF, the CITY has caused these presents to
be executed in its name by its Mayor, and attested and its Official
Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT
has hereunto set its hand and Seal the day and year first written
above.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
CITY Clerk
Approved as to Form:
CITY Attorney
Q ~lj\!L~~~
Witness
Witness
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CORPORATE ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this
19th day of June , 1992 by Russell C. Devick, P.R.,
Senior Vice President ( name of officer or agent, title of
Gee & Jenson Engineers-
officer or agent), of Architects-Planners. Inc.
(name of corporation acknowledging), a Florida
(state or place of incorporation) corporation, on behalf of the
corporation. He/tiDe is (personally known to me) (or has produced
identification) personally known to me (type of
identification) as identification) and ~did not) take an oath.
NOTARY PUBLIC, SlATE OF FLORIDA /~<d~ I~
MY COMMISSION EXPIRES OCT. 24, 1993 Signature f Person Taking
Acknowledgement
Russell C. Devlck, P.R.
Name of Acknowledger Typed,
Printed or Stamped
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EXHIBIT A (SAMPLE)
GEE & JENSON ENGINEERS-ARCHITECTS-PLANNERS, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO: (CITY) (GEE & JENSON
ENGINEERS-ARCHITECTS-
PLANNERS, INC.
TITLE:
This Service Authorization, when executed, shall be incorporated in
and shall become an integral part of the Contract.
Title: ,
I. PROJECT DESCRIPTION
II. SCOPE OF SERVICES
III. BUDGET ESTIMATE OF SERVICES
IV. COMPLETION DATE
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the services
rendered in the previous phase or as encompassed by the previous
service authorization. If the City in its sole discretion is
unsatisfied with the services provided in the previous phase or
service authorization, the City may terminate the contract without
incurring any further liability. The CONSULTANT may not commence
work on any service authorization approved by the City to be
included as part of the contract without a further notice to
proceed.
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Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
Thomas E. Lynch
Mayor
Witness
Witness
Attest:
BEFORE ME, the foregoing
7Z instrument, this 1991,
day of ,
was acknowledged by on
Approved as to Legal behalf of the Corporation and
Sufficiency and Form said person executed the same
free and voluntarily for the
purpose there-in expressed.
Witness my hand and seal in the
County and State aforesaid this
day of ,
1991.
Notary Public
State of Florida
My Commission Expires:
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EXHIBIT B (SAMPLE)
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Multiplier
Employer Category
Professionals -- Engineers, Architects, Planners, Economists,
Scientists, Hydrologists, Hydrogeologists, Geologists
Technicians - - Drafters, Graphic Artists, Computer, Surveyors,
Cartographics, Construction Inspectors
Office Support
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EXHIBIT C
SAMPLE SAMPLE -- COST NOT TO EXCEED FORMAT
INVOICE
City of Delray Beach
Project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order # .
Period ending: .
LABOR
Class Employee Name Rate Hours Amount
Subtotal Labor $
EXPENSES
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
COST SUMMARY
Contract Amount $
Amount. Earned This Period $
Amount Previously Earned $
Amount Remaining $
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EXHIBIT C (continued)
SAMPLE INVOICE - - LUMP SUM FORMAT
INVOICE
City of Delrav Beach
Project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order # .
Period ending: .
Total Fee $
_% Complete
Less Previous Billings $
Total Earned This Period $
TOTAL AMOUNT DUE THIS INVOICE $
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i ~~ - MEETING OF NOVEMBER 17. 1992
RESERVATION AGREEMENT/TEMPLE SINAI
DATE: November 13, 1992
This item is before you to approve an agreement with Temple Sinai for
the reservation of a portion of the Temple'S land for future purchase
by the City for the purpose of constructing a public street and
associated utilities.
During consideration of the education building addition to the Temple
Sinai, the Commission imposed a condition which required the Temple to
reserve road right-of-way along the western border of the property.
Under the provisions of this agreement the Temple would grant the City
a continuing option to purchase, for the exclusive purpose of
installing a road right-of-way, a portion of their land. Further, the
agreement provides that the City will construct a five foot high chain
link fence, together with landscaped hedge material, within the
subject property being conveyed to the City along the entire eastern
border of the abutting Temple Sinai property.
The City Attorney's office has reviewed this agreement and approves it
as to form.
Recommend approval of the reservation agreement with Temple Sinai.
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G',k/
?Jv(
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 2(,)() NW 1st AVENUE' DELRAY BEA~H. FLORIDA 33444
FACSII>IILE 407;278-4755 Wr1.'t:._r - D1.r_C1't:. L1.n_
(407) 243-7090
MEMORANDUM i..) ,-.
IICl"',
-I::., v- -.
~ t:L.;
Date: November 11, 1992 0" 121992
CITy M
To: Ci ty Commission 'ANAGE,?'
~ S OffiCE
From: David N. Tolces, Assistant City Attorney
Subject: Riqht-of-Way Reservation for Temple Sinai
During consideration of the education building addition to
Temple Sinai, the Commission imposed a condition requiring the
reservation of a road right-of-way along the western border of
the property. This agreement encompasses the requirements
imposed by the condition by granting the City a continuing
option to purchase the required property. Provisions of the
agreement would require the City to pay a purchase price on
which the parties can mutually agree upon or a price on which
three M.A.I. certified appraisers agree.
As part of the agreement, the City would provide necessary
modifications to the Temple's parking lot and existing ingress
and egress from the parking lot to the new road. The City and
the Temple would agree to go to arbitration if the parties
cannot agree on the improvements and location of replacement
parking. The City would also construct a fence with hedge
material along the eastern border of the road.
This agreement is before you for your approval. I f you have
any questions, please call.
DNT : s h
Attachment
cc: David Harden, City Manager
Cheryl Leverett, Agenda Coordinator
sinai-l.dnt
'. I.,j
RESERVATION AGREEMENT
THIS RESERVATION AGR:E::E:M.$NT is xnad~ and entered into t.his _.
day of , 1992, by and bQtwQon ~BHPLB SINAI OP PALM
DEACH COUNTY, INC., a Florida c:orpora.t;ion, hereinafter referred to
as "'l'Gmplo SinaL," and the CITY OP DBLIUlY SUCH, s lDun.J.o.J.pal
oorporation exJ.sting under tho laws of tho stato of If'lorida,
hereinafter referred to AB lithe City."
W I ~ N E SSE T H I
WHEREAS, Temple Sinai has petitioned the City for conditional
use with respect to certain real property owned by them located on
the north side of West Atlantic Avenue between N.W. 24th Avenue and
.
High Point Boulevard, being more particularly desoribed aSI
The Plat of Temple Sinai of Palm Beach County, according
to the Plat thereof recorded in Plat Book 46, Page 53 of
~ th~Ublic Records of Palm Beach County, Florida, less
and not including the following described parcela
A portion of the Plat of Temple Sinai oi Palm Beach
County as recorded in Plat Book 46, Page 53, being more
! particularly described as followsl
i Beginning at the intersection of the South Right-of-Way
I line of N.W. 2nd Street and the East line of the above
mentioned Pla.ti thence South along said East line a
distance of 100.00 feet; thence S. 308 27' 30"W along the
Eas~ line of said Plat a distance of 118.36 ,feet; thence
Nl2 56' 3B"W a distance of 99.30 feet; thence North a
distance of 66..01 feet to an intersection with a ourve to
the left; thence Easterly and Northeasterly a distance of
72.09 feet along the arc of 'said curve having a radius of
50.00 feet and a central angle of 820 36' 44" to a point
of reverse curve; thence Northeasterly a distance of
29.77 feet, along the arc of said curve having a radius
of 24.00 feet and a central angle of 710 04' 31", to the
POINT OF BEGINNING.
and
8INAI\RE6ERVE.AGR\~O~20~92
-~_._..._._- .-.._--".. .'~
'.' 1"1
;
!
, WHEREAS, the C~ty hAa ~~anted the oond~t~onal U~Q ~QqUQ8t for
Temple 6ina~, subjeot to Temple Sinai entering into this Agreement
providing for Q reservation of a porti-on of their land for the .
future salG to tho CitYI for purposes of the City's oonstruotion
and installation of a publio street and associated utilieiaB.
NOW, THEREFORE, in consideration of the mutual oovenantB and
promises herein contained, thQ adequaoy of whioh is hereby
acknowlQdgQd, thQ partias hareby Agree as followsl
1. Temple Sinai hereby grants to the City a continuing
i option to purchase, for the exclusive purpose of the installation
!
I of a road right-of-way for the price and upon the terms hereinafter
I set forth in this Agreement, that certain real prope~ty owned by
I
, Temple Sinai and described as:
A POR'l'ION OF PLAT OF 'l'EMPLE SINAI of P~lm Beaoh County as
j recorded in Plat Book 46, Page 53, baing more
i par~larly described as follows:
BEGINNING at the SW corner of said plat ihence ~ 83
degrees, 59' 0" E a distance of 30', thenc~ N 6 de9rees
I 01' 00" W a distance of 163.37', thence N 0 degrees 12'
. 30" E d- distance of 187.2', Thence W a cl1stance of .96',
thence N a distance of 690.93', thence N 89 degrees 12'
30" W a distance of 72.01', thence S I a distance of
691.92', thence E a distance of 42.96', thence S 0
degrees, 12' 30" W a distance of l88~72', thence S 6
degrees 01' 00" E a distance of 165.00' to the point of
beginning. '
2. The purohase price to be paid by the City to Temple Sinai
upon the exercise of the City's option shall be at fair market
value as mutually agreed by the City and ,Temple Sinai, or in the
event the said parties cannot agree { then as determined by an
M.A.I. certified appraiser mutually agreeable to the parties: or in
8%NAt\2UUlltlMll.AgR\10~20~l)2 - 2-
'.
.
the event the parties oannot mutually agree upon an appraiser
within thirty (30) days from reoeipt by Temple Sinai of the City's
written exercise of its abov~-dQsoribQd.option to pUrChag9, then'
ench pnrty shall, within fifteen (15) days thoroaftor, designate an
M.A.I. certified appraiser, and the two so designated appraisers
ohall thereupon appoint a third M.A.I. certified appraisQr, whioh
said appraiser sh~ll mutually dotermine, by a majority vote, the
fair marltot valuo of tho subject property to be sold.
3. The City may at any time exercise its option to purchase
as hereinabove deacribedby deliverinq to Temple Sinai a written
notice of its election to exercise said option to purchase. Temple
Sinai hereby agrees to convey free and clear title to ~he City and
the City agrees to pay the purchase prioe as determined by the
----, appraiser to Temple Sinai within thirty (30) days following the
-."j
i delivery~ written notice of the determination of the purchase
J
I price by the said appraiser to the City and Tefple Sinai. The
; purchase price shall be tendered at closing. The subject property
is to be 501d in it5 then Has is" condition. The conveyance to the
City shall be by Special Warranty Deed and shall be subject to the
following matterss
(~ee Exhibit I
"A" attached_hereto)
The City shall pay all appraisal fees, recording fees and
applicable documentary stamp taXi if any. The property is
currently encumbered by a mortgage helq by Barnett Bank of Palm
Beach County. This Agreement 1s subject to the joinder and consent
8tMA:'~5S~Rva.AOR\10-20-92 -3-
'. 1'1'
of Barnett Bank, agreeing to grant a partial release of the subjeot
right-of-way from the mortgage.
4. In addition to the purchase prioe paid as hereinabov9
described, the City agreos to provido suoh modifioations, at the
I
City's expense, to Templo Sinai's existing parking lot and traffio
flow to provide a new means or modification of existing means of
iniress and egress from ~emple Sinai's site onto the aubject road
being oonstruoted by the City, : such 1008tion and
,;:ight-of-way
improvements to be mutually agreed upon by the parties. Further,
any parking eliminated from Temple Sinai's then existing parkinq as
, a result of such new means of inqress and egress or the
i
modification of the existing ingress and egress shall be replaced
by the city on Temple Sinai's property at such location determined
; -.--- by Temple Sinai. In the event the parties cannot agree on such
i
~ location '~ improvements, the parties shall submit the matter to
I arbitration before a mutually agreed upon third party, or in the
event the parties cannot agree upon such third party, then each
party shall appoint a third party for such arbitration, and the two
80 appointed persons shall appoint a person for the arbitration .
Further, the City agrees to con$t~uct a five-foot high chainlink
fence, together with landscaped hedge material, within the subject
- -
property being conveyed to the City along the entire eastern border
thereof abutting Temple Sinai's property, in conformance with city
codes and regulations. The City shall leave the existing tree line
or construct a buffer mutually acceptable to the Temple and Hiqh
SIHAI\RESERVB.AGR\10.20-9Z -4..
-,--~_. . ." -----~._-_._-~- -."'" ---~...,--_.,.-._--
Approved as to forml
City Attorney
JOINDER AND CONSENT
Barnett Bank of Palm Beach County hQreby joins in and conSQnts
to Temple Sinai'e enteri.ng into thia Reservation AgrQQmont and,
upon exercise of the option of the City of Delray De~ch to purchasQ
the 8ubject road right-of-way, Barnatt Bank of Palm Beach County
will execute and deliver, for no consideration, 8 partial rolQasQ
of the subject property from the oncumbranca of. that cert~in
Mortgage held by it agai.nst the subject proporty x:'ocordcd in
Official Record Book , Page of the Public Records
of Palm Beach County, Florida.
BARNEl!''!' BANK OF PALM BEACH
COUNTY
By'
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--
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81N^I\R2aBRVR.^aR\~O-~O-92 -6-
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJJtl
SUBJECT: AGENDA ITEM # gr F - MEETING OF NOVEMBER 17. 1992
OFFER FOR RELEASE OF LIEN/216 S.W. 13TH AVENUE
DATE: November 13, 1992
We have received an offer in the amount of $500 to release a nuisance
abatement lien on property at 216 S.W. 13th Avenue. The Estate of
Alexander Simon holds a mortgage on this property, which has a
nuisance abatement lien in the amount of $2,145 on it, plus interest
which has been accruing at 6% per annum since 1987.
The estate has been offered a deed in lieu of foreclosure but in order
to accept that deed, the City's lien must be removed. The amount of
the mortgage exceeds the value of the property, and if foreclosed, it
is likely that the City would not receive anything.
The City Attorney's office had previously recommended that this offer
be accepted. However, the Commission suggested that in addition to
the $500, staff attempt to secure right-of-way rights from Ms. Scott,
the mortgagee. Ms. Scott has refused and the estate has renewed its
offer.
Recommend approval of an offer in the amount of $500 to release a
nuisance abatement lien on property at 216 S.W. 13th Avenue.
'.
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
L\CSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: October 30, 1992
To: City Commission . ~r-
From: Jeffrey S. Kurtz, Cl. ty Attorney ( '
Subject: Release of Lien; Property at 216 S.W. 13th Avenue
Delray Beach, Florida 33444; Lot 16, Block 4,
Priests Addition to Atlantic Park Gardens
This item was previously on a City Commission agenda to request
the release of lien for the payment of $500,00. The Estate of
Alexander Simon holds a mortgage on this property, which has a
nuisance abatement lien in the amount of $2,145.00 on it plus
interest and is accruing at 6% per annum since April 28, 1987.
The estate has been offered a deed in lieu 0 f foreclosure but
in order to accept that deed, they need to have the City's lien
removed, The amount of their mortgage exceeds the value of the
property, so if they went into foreclosure, our lien would be
foreclosed out and the City would receive nothing.
The City Attorney's Office had previously recommended that this
offer be accepted. However, the Commission suggested that in
addition to the $500.00, we attempt to secure right-of-way
rights from Ms. Scott, whose living address is 401 S. w. 10th
Street. Ms, Scott has refused and the estate has renewed its
offer to pay $500.00 for the satisfaction of the lien so that
they can avoid the expense and efforts of foreclosure.
Our office would recommend that the City Commission accept the
offer.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK: jw
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
rellien.jsk
.. ".il
.
[ITY DF DELRAY BEA[H
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
November 3, 1992
Mr. Ernest G. Simon
Simon and Schmidt
P.O. Box 2020
200 N.E, 5th Avenue
Delray Beach, FL 33483
RE: RELEASE OF LIEN - PROPERTY AT 216 S.W. 13TH AVENUE
DELRAY BEACH, FL 33444 - LOT 16, BLOCK 4,
PRIESTS ADDITION TO ATLANTIC PARK GARDENS
Dear Ernie:
The above subject will once again be presented to the City
Commission for their consideration. This item will be
placed on the November 17, 1992, Commission agenda. The
meeting commences at 6:00 p.m. , and is held in the
Commission Chambers.
The City Attorney has recommended that the $500 offer for
the release of the lien be accepted at this time. The City
had hoped to secure the right-of-way rights from Ms. Scott,
but Ms. Scott refused.
If you need any additional information, please do not
hesitate to contact me.
Sincerely,
1 t. \.
/1 -\'----r-j: t
'..J--c- " ,\ / ,- "~{ ~
( / .
DAVID T. HARDEN
City Manager
DTH:sk
cc: Alison MacGregor Harty
T I':), .~, y f\/l ~-'.... - ~ r-- I~~
,
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8fV1
SUBJECT: AGENDA ITEM i ~~ - MEETING OF NOVEMBER 17. 1992
RESOLUTION NO. 128-92
DATE: November 13, 1992
This is a resolution vacating and abandoning. a portion of the 16 foot
alley right-of-way located east and adjacent to the east line of Lots
1, 2 and 3, Block 62, Town of Linton.
The alley is currently unimproved. The southern portion of the alley
was abandoned on August 28, 1967 per Resolution No. 21-67. The Sundy
House/Sundy Apartments development proposal' includes utilizing the
alley right-of-way for a parking area. Replacement easements have
been provided on the replat action located elsewhere on the agenda for
approval. Additionally, an easement deed has been received from St.
Paul's Episcopal Church in order to accommodate the relocation of the
existing utilities within the alley.
The Planning and Zoning Board at their July 15, 1991 meeting
recommended approval of the alley abandonment subject to conditions.
Those conditions have been addressed. Releases have been received
from all utility providers. The abandonment is now ready to be
consummated.
Recommend approval of Resolution No. 128-92 vacating and abandoning a
portion of the 16 foot alley right-of-way located east and adjacent
to the east line of Lots 1, 2 and 3, Block 62, Town of Linton.
'~
;<-om
.' Id 9. M-.
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RESOLUTION NO. 128-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION
OF THE 16 FOOT ALLEY RIGHT-OF-WAY LYING WITHIN BLOCK 62,
TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of'Delray Beach, Florida, is the owner of a
portion of the 16 foot alley right-of-way lying east of and adjaeent to
the east line of Lots 1, 2 and 3, Block 62, Town of Linton (now Delray
Beach) , according to the Plat thereof recorded in Plat Book 1, Page 3
(Sheet 2), of the Public Records of Palm Beach County, Florida; and,
WHEREAS, Howard E. McCall, -duly authorized Agent for Louis G.
Jensen, has made application for abandonment of a portion of the 16 foot
alley right-of-way lying east of and adjacent to the east line of Lots
1, 2 and 3, Block 62, Town of Linton (now Delray Beach); and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems ~t to be in the best interests of
the City of Delray Beach to vacate and abandon said portion of the alley
right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.102(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
That part of the alley right-of-way in Block 62, Map of
the TOWN OF LINTON (now Delray Beach), according to the
Plat thereof recorded in Plat Book 1, Page 3 (Sheet 2),
of the Public Records of Palm Beach County, Florida,
bounded as follows:
On the west by the east line of Lots 1, 2 and 3, Block
62; on the south by the easterly extension of the south
line of Lot 3, Block 62; on the east by the west line of
Lots 9, 10 and 11, Block 62; and on the north by the
easterly extension of the north line of Lot 1, Block 62.
Containing 3,672 square feet or 0.0843 acre, more or
less.
PASSED AND ADOPTED in regular session on this the 17th day of
November, 1992.
~~.
MAR
ATTEST:
O!,~~ lVr !laW
Cit Clerk
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: QD T. HARDEN, CITY MANAGER
, eu:;;U
THRU: ID J. KOV~l.J~TOR
DEPARTMENT 0 PLA NING AND ZONING
FROM:
II
SUBJECT: MEETING OF NOVEM~ER 17, 1992 .. CONSENT AGENDA ..
ABANDONMENT OF AN ALLEY LYING WITHIN BLOCK 62, TOWN OF
LINTON ASSOCIATED WITH THE SUNDY ESTATES PLAT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that o.f
approval of the abandonment of a 16' alley within Block 62,
Town of Linton associated with the Sundy Estates Plat.
The alley is located south of S.W. 1st Street, between S.
Swinton Avenue and S.W. 1st Avenue.
BACKGROUND:
The alley is currently unimproved. The southern portion of the
alley was abandoned on August 28, 1967 per Resolution No. 21-67.
The Sundy House/Sundy Apartments development proposal included
utilizing the alley right-of-way for parking area. Replacement
easements have been provided on the Sundy Estates Plat and an
easement deed has been received from St. Paul's Episcopal Church
in order to accommodate the existing utilities within the alley.
On July 15, 1991, the Planning and Zoning Board recommended
approval of the alley abandonment with conditions. One condition
required that site plan approval be obtained for the provision of
parking areas to accommodate the properties adjacent to the
alley. This condition has been addressed via the Sundy
House/Sundy Apartments site plan approval of September 21, 1991
and Sundy Parking Lot #3 site plan .approval of February 19, 1992.
Sundy Parking Lot #3 will accommodate required parking for the
existing residential units on Lot 2. Lots 2 and 3 have been
unified via a Unity of Title.
Releases have been received from the City's Environmental
Services Department and all utility providers. The abandonment
is now ready to be consummated along with the Sundy Estates Plat,
which is on tonight's consent agenda for action.
.
.
City Commission Documentation
Alley Abandonment within Block 62, Town of Linton
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of July 15, 1991. The Board recommended approval of the
alley abandonment with conditions. The only outstanding
condition is that the abandonment be consummated concurrently
with the plat.
REQUIRED FINDINGS:
Pursuant to Section 2.4.6(0)(5), prior to granting an abandonment
the City Commission must make the following findings:
(a) That there is not, nor will there be, a need for the
use of the right~of-way for any public purpose.
(b) That the abandonment does not, nor will not, prevent
access to a lot of record.
(c) That the abandonment will not result in detriment for
the provision of access and/or of utility services to
adjacent properties or the general area.
The site plan appovals (Sundy House/Sundy Apartments and Sundy
Parking Lot #3) and the Sundy Estates Plat address the above by
providing alternative parking and replacement easements. There
is no remaining public purpose for the alley and therefore,
positive findings with respect to the above can be made.
RECOMMENDED ACTION:
By motion, approve abandonment of the alley within Block 62, Town
of Linton based upon positive findings with respect to Section
2.4.6(0) (5) through enactment of Resolution No. ~-92.
Attachment:
* Location Map
* Resolution No. 1~~-92
-
,
p'LANNING & ZC- ~ING BOARD
I'
CITY OF DELRA Y BEACH --- ST AFF REPORT ---
MEETING DATE: July 15, 1991
AGENDA ITEM: ILC.
ITEM: Abandonment of Alleyway, Block 62, Town of Linton (Sundy Property),
tjt:j tj .. z l=
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GENERAL DATA:
Owner...........................City of Delray Beach, Florida
Agent...........................Howard McCall
Location........................On the south side of S.W. 1st
Street, between S.W. 1st Avenue
and Swinton Avenue.
Property Size...................O.0843 Acres
City Land Use Plan..............Medium Density 5-12 du/acre
City Zoning.....................OSSHAD (Old School Square
Historic Arts District)
Existing Land Use...............Unimproved alley.
Development Propo.sal............Refurbishment of Sundy house.
Request..........~..............Abandonment of north 229.5' of
the alley within Block 62 (Tawn
af Linton), in order to. aggregate
development on several lots.
n.c.
-,
.'
ITEM BEFORE THE BOARD:
The action before the Board is to make a recommendation .
regarding the abandonment of the alley between Lots 1, 2, 3,
9, 10 and 11, Block 62, Town of Linton. The subject alley
is located between S.W. 1st Ave. and S. Swinton Ave., south
of S.W. 1st st.
BACKGROUND:
Howard McCall, agent for the owner of the Sundy house
(located at the S.W. corner of S. Swinton Ave. and S.W. 1st
St)., has petitioned the City for the abandonment of the
alley as previously described.
As a part of the site plan approval of the Sundy house, the
alley was to be improved to City standards and backout
parking provided off the alley to serve the business use
proposed. With the improvement of the alley, existing
overhead powerlines would have to be relocated. Upon
discovering the cost of relocating the poles to be
expensive, the owner (Louis Jensen) proposed to abandon the
alley and reconfigure the drive to his parking area thus
avoiding the pole relocation.
In addition, Mr. Jensen has contracted to purchase Lots 1,
2, 3, 4, 9 and 10. A sketch plan has been informally
submitted to the Planning & Zoning Dept. showing the parking
and driveway configuration for the Sundy House and Sundy
Apartments (located directly west of the Sundy House). The
property owners of the adjacent lots to the alley have
joined Mr. Jensen in the petition of the alley abandonment.
With the review of the proposed abandonment staff has
referred to the Findings in Section 2.4.6(0)(5);
"that the abandonment will not resUlt in detriment for
the provision of access and/or of utility services to
adjacent properties or the general area"~
The apartments along the west side of the alley proposed to
be abandoned do not have adequate or sufficient parking.
Vehicles park on the front lawns and backout onto S.W. 1st
Ave. If the alley remains a public access, the potential
for the development of parking areas constructed off the
alley will be available to the abutting properties.
Thereby, per the Finding, this petition could not be
granted.
The City Engineer has recommended for denial of this
peti.tion based on the following:
.
.'
P&Z Staff kt::port
Abandonment of the 16' alley
Block 62, Town of Linton
Page 2
"The narrower easement makes repairs more difficult and
often more expensive."
.
"Although easements are supposed to be kept clear of
permanent structures, experience is that storage sheds,
trees, fences, hedges, etc. are routinely constructed
in these areas. Again, this makes repair/replacement
of City facilities all but impossible by all but the
most expensive methods".
The 16 foot alley is unimproved with existing utilities
overhead and underground within it. Various structures
encroach within it such as fences, posts and a barbeque pit.
There was once a dedicated alley throughout the entire
block. The southe~n portion of the alley was abandoned
within the limits of the St. Paul's Church property on Aug.
28, 1967 per Resolution 21-67.
In order to accomodate the applicant's desires and to
provide a way to correct the parking situation for the
properties east of the alley, staff has directed the agent
to provide a site plan of the proposed area abutting the
alley. Upon site plan approval and specifically addressing
the findings of the alley aban~onment, the petition could
proceed to the City Commission for approval.
ABANDONMENT ANALYSIS:
As stated in the background the alley is 16 feet in width.
With the abandonment of the alley, its right of way would be
incorporated as a part of a site plan for the adjoining
properties. The existing utilities would have easements
dedicated on a replat of the properties along with the
reconfigured lot lines, and access.
The most significant item associated with this abandonment
relates to the finding 2.4.6(0)(5), cited previously, not
being addressed at this time by the petitioner.
Conditions can be placed on this abandonment as follows:
1- Petitioner shall seek and obtain a site plan approval
for a parking lot/lots to accomodate the lack of adequate
parking for the properties adjacent to the alley.
2. Petitioner shall provide a replat of the properties
abutting the alley to be abandoned. Replat shall include
easements for existing or proposed utilities and access.
The submission shall also provide for the installation of
the parking lot improvements and their perpetual
maintenance. The abandonment will be approved concurrent
with the approval of the final plat by City Commission.
.
P&Z Staff port
Abandonment of the 16' alley
Block 62, Town of Linton
Page 3
'3. Petitioner shall insure timely consummation of the above
requirements.
IMPLICATIONS OF THE ABANDONMENT:
With respect to the Sundy property, the abandonment of the
alley will allow the parking" area and access drive to be
constructed off S.W. 1st st. so that the existing poles will
~ot have to be relocated. The existing utilities would
remain as located, and with a replat of the adjoining
properties, easements would be provided.
REVIEW BY OTHERS:
At the meeting of June 19th, the Historic Preservation Board
reviewed this matter in a conceptual form. That Board-
agrees with the context of this report, i.e.: accommodation
of parking for the properties to the east as a precondition
of approval.
ASSESSMENT:
The abandonment is complete with the exception of the
conditions as stated in the Abandonment Analysis. Upon
approval of the replat and site plan the abandonment can
proceed to City Commission concurrently with the final plat
approval.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval to City Commission subject to
conditions.
STAFF RECOMMENDATIONS:
By motion, recommend approval, of abandonment of the 16 foot
alley as located between Lots 1, 2, 3, 9, 10 and 11, Block
62, Town of Linton, as recorded in Plat Book 1, Page 3 of
the public records of Palm Beach County, to City Commission
subject to compliance with the following conditions prior to
consumation of the abandonment:
1. Petitioner shall seek and obtain a site plan approval
for a parking lot/lots to accomodate the lack of adequate
parking for the properties adjacent to the alley.
2. Petitioner shall provide a replat of the properties
abutting the alley to be abandoned. Replat shall include
easements for existing or proposed utilities and access.
The submission shall also provide for the installation of
the parking lot improvements and their perpetual
.
.
.'
P&Z Staff Report
Abandonment of the 16' alley
Block 62, Town of Linton
Page 4
maintenance. The abandonment will be approved concurrent
with the approval of the final plat by City Commission.
3. Petitioner shall insure timely consummation of the above
requirements.
ked:t9sundypb
.
.
,-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJirA.,
SUBJECT: AGENDA ITEM ~ ~ If - MEETING OF NOVEMBER 17. 1992
ACCEPTANCE OF EASEMENT DEED/SUNDY HOUSE
DATE: November 13, 1992
This item is before you to accept an easement deed from the St. Paul's
Episcopal Church located on the west side of S. Swinton Avenue,
between S.W. 1st and 2nd Streets.
This easement is necessary in order to accommodate the relocation of
utilities located in the alley within Block 62 which is being
abandoned in conjunction with the replat of Sundy Estates. The deed
has been approved by the City Attorney's Office and is now before the
Commission for action.
Recommend acceptance of an easement deed from St. Paul's Episcopal
Church for the relocation of utilities in conjunction with the Sundy
Estates plat.
'.
,
oK
~,
..
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ID T. HARDEN, CITY MANAGER
~ ~ ~UCLl~-
THRU: DAVID J. KOVACS, DIRECTOR
DEPA T NT NING AND ZONING
FROM: Y A. COSTELLO
ING TECHNICIAN II
SUBJECT: MEETING OF NOVEMBER 17, 1992 .. CONSENT AGENDA ..
ACCEPTANCE OF EASEMENT DEED
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
acceptance of an easement deed F st. Paul's Episcopal
Church.
The property is located on the west side of S. Swinton
Avenue, between S.W. 1st Street and S.W. 2nd Street.
BACKGROUND:
The acceptance of this easement has been placed on the agenda in
conjunction with the abandonment of a 16' alley associated with
the Sundy House development.
On July 15, 1991, the Planning and Zoning Board recommended
approval of the abandonment of a 16' alley within Block 62, Town
of Linton subject to conditions.
One of those conditions was that replacement easements be
provided for all facilities that exist within the alley. With
the Sundy Estates Plat, replacement easements were provided.
However, as the St. Paul's property (Lot 11, Block 62, Town of
Linton) is not part of the Sundy Estates Plat, an easement deed
is required. On November 3, 1992, an easement deed was received
which converts the abutting 8' of alley to be abandoned into an
easement to cover the existing utilities. The Deed has been
approved by the City Attorney's Office and is now before the City
Commission for acceptance.
PLANNING AND ZONING BOARD CONSIDERATION:
Action by the Planning and Zoning Board is not required for the
acceptance of an easement deed.
,
.
City Commission Documentation
Acceptance of Easement Deed - St. Paul's Episcopal Church
Page 2
RECOMMENDED ACTION:
By motion, accept the easement deed for St. Paul's Episcopal
Church (Lot 11, Block 62, Town of Linton).
Attachment:
* Location Map
* Survey
"
. .
a
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2ft I
ST PAUL' S ~S~m}l.H&JR~ this dJy ~ November , 193 q. m:l l:Eb.o:n
DELRAY REA~H, INCORPORATED * ,rnrtics eX UJ? first rnrt, tn:J UJ? my (F ~lI\Y 1flO1, a FJ..crlcb
mnicip:l1 a:xp;:xatim in Palm B:D::h Cb.nty, 9:ate d. F1aiw, IBrtY eX tte 9!o:n:! pu;t:
* a Florida non-profit corporation ~
WI'J.N::S5EITI: 'Itnt u-e pu:ties d. u-e first (mt, fa: an:! in a:nsid=ra eX tle sun of 'Ia1
($10.00) lbllars trd ctler g:oj en:! vallnblc a:nsi<a-atims to it in hn1 plid tYtre Slid plrty of u-e
s:n:rd plrt, tie ro:eir-t of ",hich is tndJt ocx:n:~'lo:lpj, d:xs t'Cn'i;y grnnt:, b:11'mfn, rell ard re.la:a!
Ulto Un plrty of UJ? =0 plrt., ^ts <UYT~"S <so ~i9lS, a nlj1l:. ci 'W:lY a'd ~ axntUlt fa
tm ~ of: utilities vith full en:! rlm rl<j1l:., lU:erty, an:! auth::xity to mter tp:n an:!
to install, q:&ate, am nnintain s.dl utilities u-a:br, acrc:ss, t:hro..gl trd, l'f01, o.c:, ~ a:
vithin tle fa1.lc:lwirg dmita:l (XqXrty la:nto:! in Palm DD::h Cb..nty, F1crlcb, to-vit;
re:r:RIPI1CN
. ..', The East 8 feet of the alley right of way lying West of and adjacent to ~t 11, Block 62.
..' Delray Beach, as recorded in Plat Book 1, Page 3 of L;e Public Records of Palm Beach County,
Florida, bounded on the North by the Westerly extension of the North line of said Lot 11 and ---
bounded on the South by the Westerly extension of the South line of sai4 Lot 11.
O:ra:mitant an:! a:extmsi'R vith this ricjt is u-e furt:}-er rig1l:. in UlJ p1rty of tie ro:url
,- (Drt, its ~., -.'" 1[5 en:! assiglS, d. irgress arl 6JreSS <M2!:" <rd m tlat rcrtkn eX 1ird d:s:::ritaj
ab:Na, to effa:t tte p..trp:EeS eX tte EDS3TB1t.
nut this W931Ent slull te SJbja:t ally to U'CB:! lD9:JT01tS, rostrlctims, m:l ~tims eX
re::nr:d . 'Itnt u-e pu:ties of u-e first pu:t <qn:E to (rOnch fa: tte ~ eX a1Y an:! all m:xt:g:q:s a:
liens ernnl::erirg this Ef1ffi181t. 1te JErties d. tte first JErt al..9:> <gree to eW:t ro lui1dirg a:
effa:t CJrrf ttl-er kird eX COlStIu:tim a: inlXU>urmt.s tp:n tte ~ JXq:erty.
Parties of tic first put cb t-cn:i.y fully klI1Cnt u-e title to slid liIrfj ard will cEfEnJ u-e
S3Te a;pinst tic lawful cL3.ins eX all rem=zlS I.h:r.o:;I?~ clai'lU:l q., tl1r1:::u;t1 a: u~ it, t1ut it h:1s
gxd riglt am lawful auth:ri ty to grant UJ? ~.e cbs:ritcrl !D9m31t I an:! tint Ul? fiJ1l! is
\n3'UIlterecl. \tEte Ue o::nt.ext eX this ~t 0xJ:l al.l.o.s a: p:?D11its, On s:tre slnll irc1ub tle
SUTP';>Q'rs a: assiglS of u-e JErtics.
.,.
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IN Wl1NES5 \-1m, tic putil5 to tiu.s E2=:alt [):nj 92t tick turd; ciQ 9:X\lS tie cBy ard
}e:lt" first al:x:M! wri tl:a1. I
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Wl'JNESSES: BEACH, INCORPORATED,
I . . I /.. ..f-~' ,.
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: - ~- : -- "'J,~ -;.- , -
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(rare printed eX" t}1:e writtel) (n:rre {rinta:J a: l;yfe m ttEn)
50 Southeast 4th Avenue, De1ray Beach, FL 33444
(crl:!ress ) -'
I~QLJ~ (rare {rinta:J a: l;yfe I.ti ttEn)
,K~~. \JI.\~;AK~
(rare printed or t}1:e wri tta1)
(c&::=)
SJ1>.'IE Cf' FLORIDA
CD.NIY CF PALM BEACH
TIe fora;pJn;j instrurrnt \.as .d<n:J..'lo:tpJ lE'cre r:e tills sed- my cf. November ,19~
Mouw (rare of p:=nl a::~,zD"ledJ:rl), \o.\u is ~Bl.1y I'.ro..n to rre/oc tas
,(( (~~ MY ~~ Ice 1at4 . ific:atim) as id31tific:atim <n:l \h) did (did rct) ta}t;e at
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM 4t <g":t:. - MEETING OF NOVEMBER 17. 1992
FINAL PLAT APPROVAL/SUNDY ESTATES
DATE: November 13, 1992
We have received a request for final plat approval for Sundy Estates
located on the south side of S. W. 1 st Street, between S. Swinton
Avenue and S.W. 1st Street. The replat consists of three lots. The
Sundy House/Sundy Apartments are situated on Lot 1; an existing
single family home and four unit apartment building on Lot 2; and a 21
space parking lot is proposed for the currently vacant Lot 3.
A portion of the existing alley which runs through Block 62 is to be
abandoned and incorporated into abutting properties. That action is
located elsewhere on the agenda for approval. The plat also provides
a 16 foot general utility easement to accommodate the existing
utilities within the alley.
The Planning and Zoning Board at their October 21st meeting certified
the final plat as consistent with the approved preliminary plat
subject to conditions which required revisions to the plat, and the
provision of certain legal documents. Those items have been
addressed.
Recommend approval of the final plat for Sundy Estates located on the
south side of S.W. 1st Street, between S. Swinton Avenue and S.W. 1st
Street.
"
.
. 01/
, !
fJr
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ID T. HARDEN, CITY MANAGER
THRU: ~~S:>~R
DE PAR ME T F NNIN~ ZONING
---
FROM:
II
SUBJECT: MEETING OF NOVEMBER 17, 1992 ** CONSENT AGENDA **
FINAL PLAT FOR SUNDY ESTATES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Sundy Estates.
The project is located on the south side of S.W. 1st Street,
between S. Swinton Avenue and S.W. 1st Avenue.
BACKGROUND:
The properties which are being replatted consist of Lots
1,2,3,4,9,10 and alley rights-of-way adjacent thereto, Block 62,
Town of Linton. The properties which are being replatted are
associated with the Sundy House/Sundy Apartments Composite Site
Plan.
The replat consists of three (3 ) lots: Lot 1, Sundy House/Sundy
Apartments; Lot 2, existing single family home and 4 unit
apartment building; and Lot 3, proposed 21 space parking lot
(currently vacant).
The existing alley is to be abandoned via Resolution No. -92
(City Commission action tonight) and incorporated intO-- the
abutting properties. The plat provides a 16' general utility
easement to accommodate the existing utilities within the alley.
.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of October 21, 1991. The Board certified that the final
plat is consistent with the approved preliminary plat subject to
conditions which required revisions to the plat, and the
provision of certain legal documents. In the time since the
Board's consideration of th~is item, those conditions have been
addressed.
City Commission Documentation
Sundy Estates Final Plat
Page 2
REQUIRED FINDINGS:
Pursuant to Section 2.4.5(J)(5), the City Commission must make a
finding that the final plat is consistent with the preliminary
plat. The City Commission can make a positive finding that the
final plat is consistent with the preliminary plat based upon the
findings made by the Planning and Zoning Board.
RECOMMENDED ACTION:
By motion, approve the final plat for Sundy Estates.
Attachment:
* Location Map
* Final Plat
* P&Z Staff Report & Documentation of October 21, 1991
Y:CCSUNEST.DOC
"
,
COMMUNITY
CENTER
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/59. 172'/ NOTES
1. " m "DENOTES PERMANENT REFERENCE MONUMENT (P.R.M.;
/~' 2. THIS INSTRUMENT WAS PREPARED BY JOHN K. WEIGAND IN 1
OF O'BRIEN, SUITER & O'BRIEN, INC., 2601 NORTH FEDE'
~ _ HIGHWAY, DELRAY BEACH, FLORIDA 33~83
'" ~ 3. NOTICE: THERE HAY BE ADDITIONAL RESTRICTIONS THAT Ai'
RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBl'
OF THIS COUNTY.
~. THE OWNER SHALL BE RESPONSIBLE FOR THE MAINTENANCE'
AND DRAINAGE.
5. THE CITY OF DELRAY IS HEREBY GRANTED THE RIGHT OF A
EMERGENCY AND MAINTENANCE PURPOSES.
6. THE EAST LINE OF SECTION 17 IS ASSUMED TO BEAR N.O
AND ALL BEARINGS ARE RELATIVE THERETO.
7. NO BUILDINGS, TREES, SHRUBS OR OTHER PERMANENT STRU'
BE PLACED ON EASEMENTS.
"-..... AREA SUMMARY: SQUARE FEET
TRACT A ~8
\ TR,ACT B J~("
LOT 1 37980
j,l'jf ~ I~.~("
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pLANNING & ZO~ .JNG BOARD
C'.TV OF DELRAV BEACH --- STAFF REPORT ---
MEETING DATE: October 21, 1991
AGENDA ITEM: Replat Regarding Sundy Estates.
ITEM: IV.B.
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GENERAL DATA:
Owner.......................Louis G. Jensen
Agent.......................Howard E. McCall
Location....................On the south side of S.W. 1st Street,
between S.W. 1st Avenue and Swinton
Avenue.
Property Size...............O.aa Acres
City Land Use P1an..........Mixed Use
City Zoning.................OSSHAD (Old School Square
Historic Arts District)
Adjacent zoning.............North: OSSHAD (Old School Square
Historic Arts District)
East: OSSHAD and
CF (Community Facilities)
South: OSSHAD and
CF (Community Facilities) .,
West: RM (Multi-Family Residential)
Existing Land Use,..........Single Family Residential (one
house), Multi-Family Residential
(two buildings, 12 total units),
Sundy Antique Shop and a vacant lot.
Water Service...............Existing 2" water main along S.E. lst
Street, 2" main along S.W. 1st
Avenue, and a 10" water main along
Swinton Avenue.
Sewer Service...............Existing a" sanitary sewer along
alley within Block 62. IV.B.
.,
"
ITEM BEFORE THE BOARD:
There are two actions before the Board pursuant to Section
2.4.5(J)(3):
1. Approval of the preliminary plat of the Sundy Estates as
being consistent with previoqs, related land use actions.
2 . Certify that the final plat is in compliance with the
approved preliminary plat.
The subject replat is located between S.W. 1st Ave, and S.
Swinton Ave., south of S.W. 1st St.
Note: This plat is considered a major subdivision, as it
involves the dedication of right of way, abandonment of the
alley, and replacement easements. Pursuant to the L.D,R. 's
a final plat may receive a conditional certification by the
Planning & Zoning Board.
BACKGROUND:
Howard McCall, agent for the10wner of the Sundy house and
Sundy Apartments has petitioned the City to create a replat
of existing lots and an alley by establishing new lots lines
and easements.
As a part of the site plan approval of the Sundy house,
conversion to an Antique Shop, the developer was to improve
the alley and provide backout parking off the alley. This
was accepted by the developer, but due to the cost factor of
the relocation of existing poles in the alley, the developer
presented a petition for the alley abandonment, Since the
developer owns the properties on either side of the alley,
he could incorporate the alley into the property and move
the access drive to the west without moving the poles.
Through staff review of the abandonment petition of the
alley, it was determined that the loss of public means of
access through the alley would eliminate the possibility of
on-site parking and rear yard vehicular access for the
properties on the west side of the alley. The abandonment
was recommended for approval with the condition~that the
developer provide a parking layout ~ff ~hc all~y~all
properties which abut that portion of the alley which is to
be abandoned. The plan has been provided,accomodating the
City's request.
In addition, a site plan providing for the joint development
and use of parking for the Sundy House and Sundy Apartments
was approved by the Historic Planning Board at their meeting
of September 23, 1991. Conditions of approval include
"
P&Z Staff Report
Sundy Estates Plat
Page 2
dedication of right of way, easements for utilities and the
creation of one parcel/lot.
All of the above actions have lead to the requirement to
replat Lots 1,2,3,4,9 and 10 of Block 62, Town of Linton.
The plat is now before the Planning & Zoning Board.
PROJECT DESCRIPTION:
The replat' consists of 3 lots; Lot 1 is the Sundy House and
Sundy Apartments, Lot 2 is the single family home and the 2
story apartment building, and Lot 3 is a vacant lot (see the
attached plat).
The existing alley is to be abandoned and incorporated into
the lots. A 16 foot general utility easement is dedicated
to the public on the plat, covering the existing utilities
within it.
The additional 5 feet of right of way along S.W. 1st Ave.
and the 10 foot chord, at the corner of S. Swinton Ave. and
S. W. 1st St. will be dedicated to the public on the plat.
As per the attached copy of the plat, these right of way
dedications have not been shdwn, but will be conditions of
approval prior to scheduling for City Commission action.
PLAT ANALYSIS:
There were three actions made on the subject project prior
to this plat:
* The Antique Shop use at the Sundy House was approved
by H.P,B. on February 20, 1991. Associated waivers were
considered by the City Commission on February 26th with the
following results:
1. allowing the surface of the alley to be pea rock
with conditions pertaining to a "Hold Harmless"
agreement and participation in paving costs if paving
was deemed necessary, by the City at a later date;
2. approval of reduction in right of way dedication
requirements at S. Swinton Ave. and S.W. 1st St. to a
10 foot chord;
3. waiver of sidewalk along 1st Street was not
granted;
4. waiver of curbing around landscape areas was
granted.
* On June 19, 1991, H.P,B. reviewed the petition for
..
P&Z Staff Report
Sundy Estates Plat
Page 3
abandonment of the alley and made a recommendation of
approval subject to the condition:
1- that a Master Site Plan be submitted to provide
parking for the lots adjacent to the alley.
On July 15, 1991, the P & Z Board reviewed the
abandonment petition and made a recommendation of
approval subject to the master site plan be submitted
as noted by H.P.B. and that a replat be provided.
* On September 23, 1991, H.P.B. granted approval of a
Basic Site plan for the subject properties, subject to
revised plans being submitted addressing a full site plan
and 8 items to be addressed with the plat submission.
The items are noted as follows:
1- Dedicate the 10 foot chord at S. Swinton Ave. and
s.w. 1st St. (This will be provided on the
replat. )
2. Change in water meter. (This item has been
discussed by staff and Environmental Services
Dept. has determinrd that if increased use of
water service is needed the property owner could
make this request. Thu~ this requirement is not
necessary at this time.)
3. Potential of up-grading of adjacent 2" water
main. (As typically required of a new subdivision,
water service concurrency is necessary. However,
this replat is not creating the need for the
increase of water capacity, as the subdivision is
a reconfiguration of lots, alley abandonment,
right of way and easement dedications. Thus,
staff has determined that the need for upgrading
the main is not required.)
4. Assessment of the condition of the sewer main in
the alley. (This request was made to the
Environmental Services Dept. to inspect the sewer
main, however, there has not been a report as of
the time of the preparation of this report. The
final inspection must be made and determined prior
to the approval of the plat by City Commission.)
5 . Provide a detailed plan for the installation of a
I.P.P. manhole as part of Sundy House project.
(This item has not been provided.)
6. Provide drainage calculations, grading plans and
determination as to how to accomodate on-site
drainage. (This item has not been provided.)
7 . Provide a "Hold Harmless" agreement pertaining to
the garage encroachment into S.W. 1st st. right of
way. (This item has not been provided.)
8. Provide a sidewalk on S.W. 1st Ave. and additional
5 feet of dedication along S.W. 1st Ave. (The
..
.
P&Z Staff Report
Sundy Estates Plat
Page 4
property owner appealed these requirements to the
City Commission at their meeting of oct~ff{ 8th.
The Commission denied the request for~t1g of way
dedication on 1st Street, but did agree to allow
the right of way to taper around the existing
stai~he single family home on proposed LotZ.
Thet. W -. for the sidewalk installation was
deferred until such time as the City pursued
installation. However, the property owner would
be responsible for the cost of installation.
Discussion was also made in regards to allowing
the encroachment of the hedging at proposed
parking lot for the Sundy Apartments into the
right of way on S.W. 1st Ave. Commission agreed
that the hedge could remain until such time as a
sidewalk was installed, and that the City would
have the option to jog the sidewalk around the
hedge or remove the hedge.)
* New items:
1- Parking for Lot 2: As there is a parking area shown on
Lot 3 in association with the apartments on Lot 2, ;K~
unity of title for Lots,2 and 3 is required for
approval of this plat. However, if the parking lot was
created to be used as a stand alone lot, it would not
meet setbacks on the north side between the lot line
and the house and provisions would have to made for
parking for Lot 2. The property owner does have the
option not to create two separate lots (Lot 2 and 3).
2. Lot frontage requirements: The proposed Lot 3 is shown
to have a 75.01 foot frontage. Minimum 80 foot
frontage is required pursuant to the O.S.S.H.A.D.
zoning. This existing, unimproved lot is 76.5 feet by
the plat. This could be considered as intensifying the
nonconformity of the lot width. However, the lot to
the north of proposed Lot 3 is built within 5 feet from
existing property line, with stairs and a walkway
extending over the property line. The north boundary
of proposed Lot 3, is created in order to accomodate
the existing features. In addition, Lot 3's area of
10,465 sq. ft. is in excess of the minimum 8,000 sq.
ft. area. This continuance of the non-conforming
frontage must be formally acknowledged and accepted.
3. Side yard setbacks: The Sundy Apartments (Lot 1) and
the single family home (Lot 2), were built over
existing lot lines. The replat is creating a lot line
between these two structures. The minimum side yard
setback of 7.5 feet is not met for Lot 2 or Lot 3.
This creation of non-conforming setbacks must be
acknowledged and accepted.
'.
.
P&Z Staff Report
Sundy Estates Plat
Page 5
In regards to the existing utilities in the alley to be
abandoned, a general utility easement is being dedicated on
the plat to the public utility providers.
The plat will be dedicating 5 feet of additional right of
way for S.W. 1st Ave. A 10 foot chord will be dedicated at
S. Swinton Ave. and S.W. 1s~ St. Pursuant to L.D.R. section
5.3.1(D)(2) - 60 feet of right of way is required. This
plat will be providing 25 feet from the centerline of the
right of ways on S.W. 1st st. and S.W. 1st Ave. The
reduction must be supported by the City Engineer pursuant to
section 5.3.1(D)(4)(a). The City Engineer is in support of
the reduction of right of way to 25 feet.
FINDINGS:
Findings required pursuant to Chapter Three of the L.D.R. IS,
Article 3.1, Section 3.1.1, were made at the time of the
consideration of the alley abandonment by the Planning &
Zoning Board and when the Sundy House and Sundy Apartments
Basic Site Plan was approved by the Historic Preservation
Board.
,
The findings to be made at this time are to approve the
preliminary plat of Sundy Estates, pursuant to Chapter
Three, and acknowledgment and approval of the creation of a
non-conforming lot and non-conforming side setbacks as being
appropriate pursuant to L.D.R. section 4.3.1(D). However, ,
the conditions as noted in the above analysis must be meet
prior to scheduling this plat for City Commission action.
REVIEW BY OTHERS:
At the meeting of October 17th, the Historic Preservation
Board reviewed this petition. The Board recommended
approval of the final plat subject to the conditions as
noted in the plat analysis.
ASSESSMENT:
As a preliminary plat, the plat can be approved with
conditions pursuant to section 2.4.4(C). With regard to the
final plat, in order to expedite the process, staff is
asking for special consideration of the board, for
certification of the final plat as being in compliance with
the approved preliminary plat, subject to conditions as
noted in the Plat Analysis.
The petition is complete, however, some changes are
necessary prior to scheduling this plat for City Commission
action.
~
P&Z Staff Report
Sundy Estates Plat
Page 6
ALTERNATIVE ACTIONS:
1- Continue with direction.
2. Take appropriate actions to allow all aspects of the
project to move to the final approval stage.
3. Act on the preliminary plat, but require all loose ends
to be taken care of prior to certification of the final plat
(i.e. return to the Board for the final plat action at a
later date).
STAFF RECOMMENDATIONS:
By separate motions:
1- Approve the preliminary plat for the Sundy Estates,
based upon supportive findings made pursuant to L.D.R.
Chapter 3, that the creation of a non-conforming lot and
non-conforming side setbacks are appropriate pursuant to
L.D.R. section 4.3.1(D), and L.D.R. section 2.4.5(J), as
referenced in the staff report. The approval is also
subject to the following condjtions:
A. The final plat must be revised to provide
additional right of way dedication of 5 feet on
S.W. 1st Ave. and a 10 foot chord at the corner of
S. W. 1st St. and S. Swinton Ave. prior to approval
by the City Commission.
B. Technical items regarding the site plan identified
as 4,5,6, and 7, page 3 of this staff report, be
provided and a full site plan be submitted for
review and approval.
2. Certify that the final plat for the Sundy Estates, is
consistent with the approved preliminary plat subject to the
following conditions:
A. That the conditions of approval as identified for
the preliminary plat are met and reflected on
revised plans, such plans being accepted and
approved by staff prior to placing the final plat
before City Commission.
B. A unity of title for proposed Lots 2 and 3 be
provided.
C. The final plat will be approved concurrent with
the approval of the alley abandonment by City
Commission.
ked:#11sundypb
'.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJItA
SUBJECT: AGENDA ITEM # <6"'~ - MEETING OF NOVEMBER 17. 1992
CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/WEEKLEY
ASPHALT PAVING. INC.
DATE: November 13, 1992
This item is before you to approve a deduct change order in the amount
of $9,772.40 to the contract with Weekley Asphalt Paving, Inc. This
change order represents final plus/minus as-built quantity adjustments
to the contract price for the 1991 Road Reconstruction Program Part
"A" (Iris Drive, Spanish Trail and Avenue L).
Additionally, the contractor is requesting final payment in the amount
of $11,366.71. Staff has reviewed this project and found it to be
satisfactorily complete.
Recommend approval of deduct Change Order No. 1 and the request for
final payment in the amount of $11,366.71 from Weekley Asphalt Paving,
Inc. ; with funding from Decade of Excellence - Street Reconstruction
(Account No. 225-3162-541-61.17).
'.
.
.
Agenda Item No.:
AGENDA REQUEST
Date: November 10, 1992
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 17, 1992
Description of item (who, what, where, how much): Staff requests City
Commission to approve final closeout Change Order #1 to Weekley Asphalt Paving,
Inc. for the 1991 Road Reconstruction Program Part "A" (Iris Dr, spanish Tr,
Avenue 'L' ) (91-81). change Order #1 is for final plus/minus as-built quantity
adjustments to the unit price Contract and miscellaneous changes. Change Order
#1 is for a net deduct amount of $9,772.40. Funding Source is
225-3162-541-61.17. Request is also made for Final Payment to the Contractor of
$11,366.71.
ORDINANCE/RESOLUTION REQUIRED: YES/~DRAFT ATTACHED~/NO
Recommendation: Staff Recommends approval of Change Order #1 Final Plus/Minus
As-built Quantities and final payment be made to the Contractor.
Department ~ ~ ~ 1r!t/(?2- ~
Signature: ~ aa ~t
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: E NO
Funding alternatives (if applicable)
Account No. & Description2.7,c;:-3Ih"2-- 541.v,/-1, .tr5t ~E.I ~C:TIaJ
Account BalanceYO BAl...AN(~ 2/,/31./1
City Manager Review:
Approved for agenda: @/NO ttM
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
,.
.
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 PROJECT NO. 91-81 DATE: November 9, 1992
PROJECT TITLE: 1991 Road Reconstruction Program Part "A" (Iris Dr, Spanish Tr, Ave 'L')
TO CONTRACTOR: Weekley Asphalt paving, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Final As-Built plus/minus adjustments to Contract per Attached Schedule 'A' based on
field measured quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $151,974.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $151,974.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ -9772.40
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $142,201.60
PER CENT DECREASE THIS CHANGE ORDER -7 %
- -
TOTAL PER CENT DECREASE TO DATE -7 %
-- -----
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
for Weekley Asphalt paving, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 225-3162-541-61.17
FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: \~L 1/ III J"} 7- By:
Ralph E Hayden, City Engineer Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
..
Project No. 91-81 Schedule "A"
1991 Road Reconstruction Program Part "A" (Iris Dr)
Change Order #1
-----------------------------------------------------------------------------------------------
ITEM ITEM DESCRIPTION ContractAs-built +/- C.O UNIT
NO Qty Qty #1 Qty PRICE TOTAL
---..-------------------------------------------------------------------------------------------
1 Clearing and Grubbing 1 1 o ls 15881.00 0.00
2 Traffic Control 1 1 o ls 880.00 0.00
3 Furn & Inst Asph - 1" min 6500 6500 o sy 2.72 0.00
4 Rem exist asph;inst 1 112" asph 3800 3800 o sy 4.92 0.00
5 Conc Valley Gutter 2800 305 -2495 lf 7.70 -19211.50
6 12" RCP 130 133 3 lf 23.00 69.00
7 15" RCP 1000 631 -369 lf 25.60 -9446.40
8 18" RCP 570 376 -194 l f 26.90 -5218.60
9 Type C Inlet 1 1 o ea 775 .00 0.00
10 Type CA Inlet 13 13 o ea 900.00 0.00
11 Furn and install Control Structure 2 2 o ea 2264.00 0.00
12 Type I Manhole 3 3 o ea 915.00 0.00
13 Type Y Yard Drain 3 5 2 ea 857.00 1714.00
14 Repair 42" CMP 1 0 -1 ls 3025.00 -3025.00
15 Video Recording Allowance 1 0.153 -0.847 ls 3000.00 -2541.00
16 Testing Lab Allowance 1 0.039 -0.961 ls 5000.00 -4805.00
17 Indemni ty 1 1 o ls 10.00 0.00
18 12" x 18" RCP 0 301 301 l f 30.00 9030.00
19 14" x 23" RCP 0 146 146 lf 30.60 4467.60
20 Repair Water Service 0 3 3 ea 345.00 1035.00
21 Replace Sewer Service Lateral 0 1 1 ls 2540.00 2540.00
22 Conflict Drainage Structure 0 1 1 ea 2472.00 2472.00
23 Water Main Conflict 0 1 1 ls 1150.00 1150.00
24 Adjust Inlet Grate 0 1 1 ls 350.00 350.00
25 Grade swales (Spanish Tr) 0 700 700 sy 5.20 3640.00
26 Miscellaneous Asphalt Q drives 0 11 11 tn 38.00 418.00
27 Swale restoration - Iris Dr 0 1 1 ls 4480.00 4480.00
28 Inlet apron adjustment 0 9 9 ea 465.00 4185.00
29 Inlet C-201 Modification 0 1 1 ls 1042.00 1042.00
30 Existing inlet modification 0 1 1 ea 253.00 253.00
31 Remob asph crew - Span Tr 0 1 1 ls 800.00 800.00
32 Misc items completed by City 0 1 1 ls -3170.50 -3170.50
.....------..--
Net total deduct Change Order #1 -9772.40
------------
------------
'. ,.;<
I~~I:.KLI:.'" ~;l:.r'ii.J II:. 1 U/ Uo,- ':Ii. 1 S: U'~ r' . U 1
~-
/lA~ weekley asphalt paving. Inc.
1",0 BOX 820010. 50ulH f'lOHIi'),A. FIORIUA 3~t(JtI...-oo,o
October 6, 1992
CITY OF DELRAY
Environmental Services Department
434 South Swinton Ave.
Delray Baa
Attentio . Wight, Con truction Manager
.
RE: City of Delray Beach, 1991 Road Reconstruction
Program, Part A, Iris Dr. t Spanish Trail, Avenue ILl
Project 91-81
Gentlemen:
On September 4 , 1992, our company had completed all items on
the August 28, 1992, punch list with the exception of item is.
We requested that the City rework the driveway at 908 Iris
Drive as we had done this twice and could not please your
inspector, pat Patterson.
We are requesting that you provide our firm with the cost of
reworking that driveway entrance in order that we may update
our accounts receivables and finalize the actual amount of
retainage to be released by the City.
pleasG contact me at your earliest convenience regarding this
matter.
Respectfully,
WEEKLEY ASPHALT PAVING, INC.
S~~
E. F. Leiper, IV
Project Manager \
EFL:bl
ef1922Q
faxed; 10-06-92 1-407-243-7060
PHONES: BROW.....RD (]OS) 437.8800 . DADE (]OS) 6U.]133 . F.....X IJOS) 43:l-S568
'. ,.,'
.
MEMO CITY OF DELRAY BEACH ~ ~
ENVIRONMENTAL SERVICES DEPARTMENT
TO . J DA TE : 10 i~/lf2
.
FROM:
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'. ''''
.
MEMORANDUM
TO: Howard Wight
Construction Manager
FROM: Mark A. Kilbourne
Superintendent of Streets ~
THRU: Richard Corwin
Deputy Director of
SUBJECT: IRIS DRIVE
DATE: October 7, 1992
Per your request on September 8, 1992, I met with Pat Patterson
to discuss the clean-up and repairs to be performed on Iris
Drive. It was agreed that we would do the following.
1. Remove existing asphalt patch and repave the east driveway
entrance at 908 Iris Drive.
2. Repair broken concrete driveway apron at 914 Iris Drive.
3. Remove the dead sod and replace at 908 Iris Drive.
4 . Remove existing asphalt patch and replace around manhole in
cul-de-sac.
5. Clean-up cold asphalt piles in radius at the intersections of
Iris Drive and Spanish Trail and Avenue L and Spanish Trail.
6. Clean-up debris in right-of-way on Spanish Trail from Tropic
Isle Drive to Iris Drive.
7 . Remove existing asphalt patch at catch basin and replace to
grade at 932 Iris Drive.
8 . Sweep Iris Drive and gutters at cul-de-sac.
"
To accomplish the above, we expanded a total of 43 man hours at
$17.50 each equals $752.50.
Supervision - 8 hours at $30.00 each equals $240.00
Pick up - 12 1/2 hours at $20.00 each equals $250.00
Loader - 8 hours at $60.00 each equals $480.00
Roller - 8 hours at $60.00 each equals $480.00
Dump truck - 8 hours at $45.00 each equals $360.00
We also purchased the following materials.
4 yards of limerock at $12.50 each equals $50.00
3 tons of asphalt at $32.00 each equals $96.00
1 pallet of sod at $80.00 each equals $80.00
Total: $226.00
Our total cost to complete this project was $2,788.50.
If you have any questions, please call me at extension 7339.
~~O~~
Mark A. Kilbourne
Superintendent of Streets
MAK/lam
REF: MKHWID.DOC
File: Memos to Engineering
.
."
'--d.~ ~-'
KUNMANN 8. KUNMANfjWfR-OflMFNTAi ~fR\'\CES
ATTORN EYS AT LAW
465 EAST PALMETTO PARK R~t\A1 29 PM 3: 25
BOCA RATON, F"LOR'OA 33432 R E eEl VrE-DHON E (407) 391- 3700
HERBERT H. KUNMANNM
EDMOND .J. KUNMANN F"AX (407) 394-6102
H. .JEF'F'REY .JOHNSTONt
-
TERRY LEE COLLINS
PARALEGAL
-ALSO ADMITTED IN NEW YORK
t ALSO ADMITTED IN OHIO
May 27, 1992
Mr. Pat Patterson
City of Delray Beach
434 South Swenton Avenue
Delray Beach, Florida 33444
Dear Pat:
I finally got my mailbox fixed and I have enclosed the Statement
from J.C. Custom Builders, Inc. Please send me a check in the
amount of $382.00 and I will pay the contractor.
Sincerely,
By:
Edmon
EJK:tlc
Enclosure
.
, '
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[ITY DF DELRAY BEA[H
ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH SWINTON AVENUE. DELRAV BEACH. FLORIDA 33444
407/243-7300 . TELECOPIER 407/243-7060
June 2, 1992
Mr. E.F. Leiper, IV
Weekly Asphalt Paving, Inc.
P.O. Box 820010
South Florida, FL 33082-0010
Re: Mailbox at 936 Iris Drive
Dear Mr. Leiper:
I received the enclosed letter from Edmond Kunmann and
statement from J.C. Custom Builders, Inc. , which are in
reference to the mailbox that was damaged at 936 Iris Drive.
Joe Buglieone, your storm drainage subcontractor, told the
resident that he will pay for this repair.
Please depose of this as soon as possible. Please advise me
in writing upon resolution of this claim.
Sincerely,
~,~
William A. Patterson
Engineering Inspector
WP:mm
enclosures (2)
cc: R. Howard Wight, Construction Manager
Edmond Kunman
File: project 91-81 A
PPIRIS.MRM
rL.v~/ I lA..JiCd' I
;;C ()r~/tol 1117. /(v/'/iI'14,.1,..! 4 .3:3~ Rtf. /pj; 1ft. k h~ ,,;,) REUftv.,j ?"r"''''''''/ k,/l ~
tfJf I ~ 12t7f~;e- ~~
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KUNMANN 8. KUNMANN, P.A. !f/TlF'{J.. J- 6 ~~
ATTORNEYS AT LAW EHvmOtn'1FHTt\i '~rRVICES
465 EAST PALMETTO PARK ROAD
BOCA RATON, F"LORIDA .33432 92 OCT \ 2 AM 1: '" 9
HERBERT H. KUNMANNM TELEPHONE (407) 391-3700
EDMOND J. KUNMANN Rt Ct:>l '11:112
H. JEF"F"REY JOHNSTON'
-
TERRY LEE COLLINS
PAFtALEGAL
. ALSO ADMITTED IN NEW VORK
t ALSO ADMITTED IN OHIO
October 9, 1992
Mr. Pat Patterson
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Florida 33444
Dear Mr. Patterson:
This will confirm our conversation whereby I stated that I had
still not received payment for my damaged mailbox. Your efforts to
assist me in collecting this debt are appreciated.
Should you have any questions or comments, please call me.
Sincerely,
KUNMANN & KUNMANN, P.A.
By:
EJK:tlc
,
'.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER iflt/
SUBJECT: AGENDA ITEM # <g /C - MEETING OF NOVEMBER 17. 1992
REOUEST FOR FINAL PAYMENT/ELKINS CONSTRUCTORS. INC.
DATE: November 13, 1992
This item is before you to approve a request for final payment in the
amount of $5,000 from Elkins Constructors, Inc. for completion of the
North Water Storage Tank and Pump Station project.
Staff has reviewed this project and found it to be satisfactorily
complete.
Recommend approval of the request for final payment in the amount of
$5,000 from Elkins Constructors, Inc. with funding from Water and
Sewer Fund - North Plant (Account No. 441-5162-536-60.93).
'.
. .
; .
')\ Agenda Item No.:
AGENDA REOUEST
Date: November 10, 1992
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 17, 1992
Description of item (who, what, where, how much): Staff requests City
Commission to approve Final Payment to Elkins Constructors, Inc. for the
Improvements to the North Water Storage Tank and Pump Station Project (90-22) in
the amount of $5,000.00. Funding Sources are 441-5162-536-60.93
and442-5178-536-64.11.
ORDINANCE/RESOLUTION REQUIRED: YE~RAFT ATTACHED~NO
Recommendation: Staff Recommends approval of Final Payment to Contractor.
Department H~ #~~- __J ///1/ If%- ~
Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~red on all items involving expenditure of funds):
Funding available: ES NO
Funding alternative (if~ble)
Account No. & DescriPtio~~~~.bO-2~ I D-ND~ PLJy.JT
~Q""-"lRt: Balanee 5,CCO ON f"D. 2-l.?t2f
City Manager Review:
Approved for agenda:~/NO [71
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
'.
Agenda Item No.:
AGENDA REOUEST
Date: November 10, 1992
Request to be placed on:
__X__ Regular Agenda
Special Agenda
_____ Workshop Agenda When: November 17, 1992
Description of item (who, what, where, how much): Staff requests City
Commission to approve Final Payment to Elkins Constructors, Inc. for the
Improvements to the North Water storage Tank and Pump Station Project (90-22) in
the amount of $5,000.00. Funding Sources are 441-5162-536-60.93
and442 51'! 536 G~.l~.
ORDINANCE/RESOLUTION REQUIRED: YE~RAFT ATTACHED~NO
Recommendation: Staff Recommends approval of Final Payment to Contractor.
Department H~ #~~ -_.~ ///1/ If%- ~
Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~ed on all items involving expenditure of funds):
Funding available: ES 0
Funding alternatives (if ap~e)
Account No. & Description rr'i- WATEYl ""- SEvVA1 -lVp/'\.:rJl tNl S7.b"2 SSb (,c ';'3
Account Balance l' '9 ~ 21, I 2-. ---
City Manager Review:
Approved for agenda: ~/NO f1v1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
.
"
PBSJ ~T, - ENGINEERING
~ BUCKLEY, . PLANNING
SCHUH &..
JERNIGAN,INC.
October 16, 1992
Mr. Howard Wight
Construction Manager
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
Re: Improvements to North Water Storage Tank and Pumping Station
Dear Mr. Wight:
Please find enclosed mylar record drawings for the subject project. The record drawings
include change order items made during the construction of the project. I have also
enclosed "as-built" markups made by the contractor, Elkins Constructors, Inc., which we
referred to for preparation of the record drawings.
I would like to take this opportunity to say that it has been my great pleasure to work with
you, Bill Greenwood and George Abou-J aoude during the design and construction of this
project. It is my belief that we have all worked together to help produce a first class
product, of which we can all be proud. I hope that I will be given the opportunity to work
with all of you and the City in the future, to again produce a fine project.
If you need anything from PBS&J regarding this or any other project, please do not hesitate
to call me.
Very truly yours, A
POST, BUCKLEY, SCd & JERNIGAN, INC. 9 D ~l2
)Z(Z.I. J bL-
J. Richard Voorhees, P.E.
Project Manager
c: William H. Greenwood, P.E., Director of Environmental Services,
City of Delray Beach
George Abou-Jaoude, Deputy Director of Environmental Services,
City of Delray Beach
W.R. Karasiewicz, P.E., PBS&J
/mt-LEI016.DB/Rvn - 07-157.20
1560 ORANGE AVENUE, SUITE 700, WINTER PARK, FLORIDA 32789-5544' TELEPHONE: 407/647-7275
'.
.
-~_._~_._._.._._~._... ...........- ....-.~~.__..- ,._..---......
-
APPLICATION FOR PAYMENT
CITY OF DELRAY BEACH
Application No. ~ Progress _____ Final ~
Project: IMPROVEMENTS TO THE NORTH WATER STORAGE TANK AND PUMP STATION
Owner's Project No. 90-22 Engineer's Project No. 07-157.00
Contractor: ELKINS CONSTRUCTORS, INC.
Contract Date: 08/02/9l
Application Date: For Period Ending 5/25/92
Summary of Total Contract Amounts to Date
1. Original Contract Amount 806,000.00
2. Approved Change Order Amounts lO,758.49
3. Total Contract Amount to Date 816,758.49
Analysis of Work Performed to Date
1. Value of Original Contract Work ?erformed to
Date Including Change Orders $ Al6.75FL4Q
2. Plus Material Stored $ 0.00
(Attach Material Stored Report and -
Copies of Invoices)
3. Subtotal Gross Amount due $ 816,758.49
4. Les s % Retainage $ - 0.00
-
5. Net Amount Earned to Date $ 816.,758.49
6. Less Previous Pay Requests $ 811,758.49
7. Amount Due This Application -$ .,5 ., 000 . (){)
Application of Payment
Page 1 0 f 4
SP616/ 00830-12
'.
.
...._.~. ......~-_.~... .... ----.-...... ....... ~-.'-~
Contractors Certification
The undersigned Contractor hereby swears under penalty of perjury that (1) all
previous progress payments received from the Owner on account of Work performed
under the Contract referred to above have been applied by the undersigned to
discharge in full all obligations of the undersigned incurred in connection with
Work covered by prior Applications for Payment numbered 1 through 9
inclusive; and (2) all materials and equipment incorporated in said Project or
otherwise 1 isted in or covered by this Appl ication for Payment are free and
clear of all liens, claims, securHi interest and encumbrances; and (3) all
applicable provisions of the Florida Prevailing Wage law (Florida Statutes
215.19) regarding apprentices and payment of wages have been complied with and
to the best of my knowledge and belief by all subcontractors. (Contractor shall
attach like affidavits by all subcontractors.)
Da ted _ May 2l, , 19 92 RT.KTN~ ('()N~'l'RT1TR~. TNC'
(Contractor, ,7
';0 !'
By: {? 7-
;' Name and
COUNTY OF Duval
-------.----
STATE OF Florida
Before me on thi s 2lst day of May , 19.2L, persona 11y
appeared ___~TEPHEN B. SGROI f known to me, who bei ng duly
sworn, deposes and says that (s)he is the Asst. Treasurer
of the Contractor above mentioned; that (sJhe executea the above Application for
Payment and statement on behal f of said Contractor; and that all of the
statements contained therein are tru~, correct and complete.
~~<-Oh,q.j rx~
No ary Put} c
My Commission Exoires:
NOTARY PUBLIC, Sl AI E OF 'fLOhIOJ!;
My Commission Expires July 8. 1994
Engineer's Approval
-
In accordance with above contract, the undersigned approves payment to the
Contractor of the Amount Due as shown above.
Post, Buckley, Schuh & Jernigan, Inc. BY:~.e.,--/' t1 J~
1560 Orange Avenue. Suite 700
Wi nter Pa rk, Flori da 32789 P/l.o"jEc.:r- M A,.,~ _~
(Title)
Acct. No. () -, -/ ~7. 'X)( Date: 8/1-1-/11-
f
Application of Payment
Page 2 of 4
SP616/ 00830 - 13
.
-
SCHEOULE OF VALUES
PAY ESTIMATE NO.9 PROJECT: CITY OF DELRAY BEACH STORAGE TANK REPAIRS
FOR PERIOD ENDING: (15/25/92 PREPARED BY: ELKINS CONSTRUCTORS, INC. PAGE 3.4 OF 4
----------------------------------------------------------------------------------------.-------------------------
----------------------~-------------------------------------------------------.-----------------------------_.----
CURRENT BILLING PERIOD TOTAL EARNED TO DATE
CO/HRACT r. r.
ITEM DESCRIPTION VALUE COMPLETE AI10lltH COMPLETE AMOUNT
---------------~------------------------------------------.------.----------------------------------------.-------
------------------------------------------------------------------------------------------------------------------
001 MOBILIZATION BOND & SPECIAL INS. 10,000.00 (I .00 1(1(1 10,(100.00
002 TESTING, PART A (ALLOWANCE) 3,000.00 0 .00 100 3,000.00
003 COAT, INSPECT, PART A (ALLOWANCE) 6,000.00 Q .00 10(1 6,000.00
004 CONTINGENCY TANK REPAIR (ALLOWANCE) 45,000.00 0 .00 100 45,000.00
O(l~. TESTING, PART B {AlLOWANCEI 2,(1(10.0(\ 0 .(10 1\\(1 2,(1(1(1,(10
OOb COAT, INSPECT, PART B (ALLOWANCE) 2,(11)(1.00 0 .0(1 100 2,000.00
1)07 FPL FEES (ALLOWANCE) 15,0(10.00 0 .00 100 1 ~l , (100 . 00
OOB DENOll TI ON 16,000.00 0 ,00 100 16,000.00
009 smWORK:
CLEAR & GRUB 6,000.00 0 .(10 100 6,000,00
STRUCTURE EXCAVATIml AND BACKFILL 1,500.00 0 .00 100 1,500.00
SEEDING AND MULCHING 1,500.00 (I .00 100 1,500,00
010 ASPHALT DRIVE 6,500.00 0 .00 100 6,500.00
011 FENCE GATES 1, 8M. QO 0 .00 100 1,800.00
012 REMOVE YARD PIPE 2,500.00 0 .00 100 2,5M.OO
(113 NEW YARD PIPE 11 ,8M. 00 (I .(1(1 100 11 , BOO. 00
014 CONCRETE FOUNDATIONS & PADS 25,600.00 0 .00 100 25,600.00
015 SIDEWALKS 1,6(1(1.00 0 .O(l 100 1,600.00
(116 REMOVE LIME SLUDGE 8,900.00 0 .00 1(\(1 8,100.00
017 INTERIOR TANK REPAIRS 90,500.00 0 .00 100 90,500.00
01B EXTERIOR TANK REPAIRS 8,400.00 0 .00 100 8,400.00
019 MASONRY 8,000.00 0 .00 100 8,000.00
020 METALS:
MISCELLANEOUS METALS 7,500.00 (I .00 100 7,500.00
HANDRAILS 6,~(IO.OO (I .00 100 6,100.00
021 NORTH BUILDING:
CARPENTRY 3, ~,O(I.OO (l .00 100 3, ~IOO .00
ROOF TRUSSES 1,500.00 0 .00 100 3,500.00
022 SOUTH BUIlttlNG:
CARPENTRY 4,750.00 0 . (H) 1(10 4,750.00
ROOF TRUSSES 4,750.00 0 .00 100 4,750.00
023 ROOFING, NORTH BUILDING 6,200.00 0 .00 100 6,200,00
024 ROOFING, SOUTH BUILDING:
T I Lf ROOF INS 7,500.00 (I .00 100 7,500.00
BUILT-UP ROOFING 1,500.00 0 .00 100 1,500.00
ROOf HATCH AND SKYLIGHTS 1,800 .00 0 .00 100 l,80(l.OO
025 DOORS & HARDWARE 16,5(10.00 0 .00 100 16,500.00
(126 WItmows 1 , qOO . (1(1 (I . (1(1 100 1,900.00
027 EXT WALL SYSTEM, NORTH BUILDING 7,400.00 0 .00 100 7,400.(10
028 Ell WALL SYSTEM, SOUTH BUILDING 13,000.00 0 .00 100 13,O(JO.00
029 DRYWALL:
WALL STUDS 600.00 0 .00 100 600.0(1
DRYWALL 2,000.00 (I .00 100 2,000.00
WALL INSULATION 1,300.00 0 .00 10(1 1,300.00
030 STUCCO 6,000.00 0 .00 100 6,000.00
031 INTERIOR TANK PREP 47,{l(lO.OO 0 ,M 1 {l(1 47,000.00
032 EXTERIOR TANK PREP 13,000.00 0 .00 100 13,000.00
'.
SCHEDULE OF VALUES
PAY ESTIMATE NO.9 PROJECT: CITY OF DEL RAY BEACH STORAGE TANK REPAIRS
FOR PERIOD ENDING: OS/25/92 PREPARED BY: ELrINS CONSTRUCTORS, INC. PAGE 3.8 OF 4
------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------.--------------------------------------------.------------
CURRENT BILLING PERIOD TOTAL EARNED TO DATE
CONTRACT r. r.
ITEI1 DESCRIPTION VALUE COMPLETE AI10UNT COMPLETE MOUNT
---------------------------------------.--------------------------------------------.-----------------------------
------------------------------------------------------------------------------------------------------------------
,\7'1 INTERIOR TANK COATINGS 62,500.00 (I .00 100 62,~00.OO
V~\J
034 EXTERIOR TANK COATINGS 12,OM.00 0 .00 100 12,000.00
035 BUILDING PAINTING 8,200.00 0 .M 1(10 8,200.00
036 FLOORING 5,000.00 0 .00 100 5,000.00
037 LOUVERS 3,000.00 0 .00 100 3,000.00
039 FIRE EXTINGUISHERS 200.00 0 .00 100 200.00
039 HVAC:
fie. UNIT 6,500.00 0 .00 100 6,500.00
ROOF AND WALL EXHAUSTERS 2,200.00 0 .00 100 2,200.00
DUCTWORK INSULATION ~ AIR DI5T. 3, ~tOO. 00 (I .00 100 3,500.00
040 DIESEL FUEL SYSTEM:
PIPING AND VALVES 12,300.00 (I .00 100 12,300.00
STORAGE TANK 4,BOO.OO (I .00 100 4,800.00
DRY TANK 3,400. (II) (I .00 1M 3,400.M
LEVEL GAUGE 2,300.00 (I .00 100 2,300.00
LEAK DETECTION SYSTEM 5,0(10.00 0 .00 100 5,000.00
041 ELECTRICAL:
CONDUIT J WIRING t DEVICES 37,SOO.M (I .(1(1 100 37 ,~,OO.OO
MOTOR CONTROL CENTER 50,000.0(1 (/ .00 100 50,000.00
PANELBOARDS 9,750.00 (I .00 100 9,750.00
TRANSFORMERS 4,370.00 (I .00 100 4,370.00
LIGHTING, INTEP.IOP. 10,620.(1(1 (I ,00 1M 10,620.(10
LIGHTING, EXTERIOR 5,380.00 0 .00 100 5,380.00
LIGHTNING PROTECTION SYSTEM 6,000.00 (l .00 100 6,000.00
TEMP. ELECTRIC SERVICE 1,880.00 0 .(Hj 100 1,880.00
ELECTRICAL DEMOLITION 3,750.00 0 .00 100 3,750.00
FPtL PRIMARY FEEDER CONDUIT 1,250.00 (I .00 100 1,250.00
042 GENERATOR SET 51,000.00 0 .00 100 ~,1 ,000.00
043 INSTRUtlEIHATlON 26,000.00 0 .00 100 26,000.00
044 TELEMETRY 32,000.00 0 .00 100 32,000.00
045 CHANGE ORDER NO.4 10,758.41 0 .00 100 10,758.4'1
-----------------------------------------------------------------------------------------------------------------
ORIGINAL CONTRACT VALUE 816,758.49 0 .00 100 816,758.49
-----------------------------------------------------------------------------------------------------------------
TOTAL CONTRACT VALUE 816,758.49 0 .00 100 816,758.4'1
'.
.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER rJ/t/
SUBJECT: AGENDA ITEM # ~L - MEETING OF NOVEMBER 17. 1992
CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/ASPHALT
CONSTRUCTION OF PALM BEACH. INC.
DATE: November 13, 1992
This item is before you to approve a deduct change order in the
amount of $9,042.05 to the contract with Asphalt Construction of Palm
Beach, Inc. This change order represents the final as-built quantity
adjustments to the unit price contract for the Homewood Boulevard
Swale Reconstruction project.
Additionally, the contractor is requesting final payment in the amount
of $3,959.36. Staff has reviewed this project and found it to be
satisfactorily complete.
Recommend approval of deduct Change Order No. 1 in the amount of
$9,042.05 and the request for final payment in the amount of $3,959.36
to the contract with Asphalt Construction of Palm Beach, Inc. ; with
funding from Decade of Excellence - Street Reconstruction (Account No.
225-3162-541-61.17).
'.
.
. .
Agenda Item No.:
AGENDA REOUEST
Date: November 10, 1992
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 17, 1992
Description of item (who, what, where, how much): Staff requests City
Commission to approve final closeout Change Order #1 to Asphalt Construction of
Palm Beach, Inc for the Swale Reconstruction Project on Homewood Blvd from
Atlantic Ave to Lowson Blvd (9t-tt). Change Order #1 is for final plus/minus
as-built quantity adjustments to he unit price Contract. change Order #1 is
for a net deduct amount of $9,042.05. Funding Source is 225-3162-541-61.17.
Request is also made for Final Payment to the Contractor of $3,959.36.
ORDINANCE/RESOLUTION REQUIRED: YES@ DRAFT ATTACHED 8NO
Recommendation: Staff Recommends approval of Change Order #1 Final Plus/Minus
As-built Quantities and final payment be made to the Contractor.
D~partment H~~ 1tl4(~_~~~.~fl I Iii I / ~"Z.. 1IJ~
Sl.gnature: .
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~ired on all items involving expenditure of funds):
Funding available: E /NO
Funding alternatives (if applicable)
0t>fC- Account No. & De~riPtion ~7..S 3 fb 7.... 5'+-1 c.. ( '7 "Do.E.-~
Account Balancelff-7 f ~ ) L .s.Trwc..7i6N
~
City Manager Review:
Approved for agenda: ~/NO fffl
Hold Until: "-...../
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: )
Approved/Disapproved j
/agenda.kt
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 92-29 DATE: November 9, 1992
PROJECT TITLE: Swale Reconstruction Project
Homewood Boulevard from Atlantic Avenue to Lowson Boulevard
TO CONTRACTOR: Asphalt Construction of Palm Beach, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Final As-Built plus/minus adjustments to Contract per Attached Schedule 'A' based on
field measured quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 43,663.19
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 43,663.19
COST OF CONSTRUCTION CHANGES THIS ORDER $ -9042.05
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 34,621.14
PER CENT DECREASE THIS CHANGE ORDER -21 %
-- -
TOTAL PER CENT DECREASE TO DATE -21 %
-- -
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
for Asphalt Construction of Palm Beach, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 225-3162-541-61.17
FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: "ddrl~ II /1/ !Qyz...; By:
Ralph E Hayden, City Engineer Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
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Project 92-29 Schedule "A"
Homewood Blvd Swale Grading and sodding
Change Order #1 Final
-------------------------------------------------------------------------------------------
ITEM ITEM DESCRIPTION Contract As-built +/- C.O. UNIT
NO Qty Qty #1 Qty PRICE TOTAL
-------------------------------------------------------------------------------------------
A Plus/Minus As-built Qty Adjustments
1 Clearing and Grubbing 1 1 o is 3156.26 0.00
2 Swale Grading 10000 8549 -1451 sy 0.75 -1088.25
3 6" Stabilized Shoulder 6500 4180 -2320 sy 1.50 -3480.00
4 Sodding 10000 8974 -1026 sy 1.30 -1333.80
5 Traffic Control 1 1 o is 6246.93 0.00
6 Testing Allowance 1 0.27 -0.73 is 3000.00 -2190.00
7 Video Recording Allowance 1 0.05 -0.95 is 1000.00 -950.00
8 Indemnity 1 1 o is 10.00 0.00
------------
Net total deduct Change Order #1 Final -9042.05
------------
------------
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...
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ASPHALT CONSTRUCTION o ~lw@)n(~rt5
" of Palm Beach, Inc. 'LJ . I \.:: l L,
2461 Port West Blvd. ..J. . . ..$ ~>>:J .N- .._...""J
West Palm Beach, Florida 33407 N~ 3387
(407) 863-6837
TO City of Delray Beach DATE
434 South Swinton Avenue October 30. 1992 .-
Delray Beach, Florida JOB NAME
Swale Construction
JOB No,
Project #92-29
TERMS: PAYMENT IN FULL UPON RECEIPT OF THIS INVOICE
(See Attached Billing Draft)
Total Amount of Work In Place.....$
Less Previous Payments............
$
TOTAL AMOUNT OF THIS DRAW REQUEST... ......... j,9f1.~61rfV
/
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER TJr1,
SUBJECT: AGENDA ITEM # 8 M - MEETING OF NOVEMBER 17, 1992
AMENDMENT TO CITY COMMISSION MEETING MINUTES OF JULY
28, 1992 (ITEM 9. P. )
DATE: NOVEMBER 13, 1992
At the July 28, 1992, regular meeting, the City Commission heard
and considered presentations with respect to FY 1992-93 operating
and capital improvement budgets, and was also asked to set the
proposed millage rate. The item wa s 9. P. , "Fiscal Year 1992/93
Budget", on the agenda; a copy of the minutes, as approved, is
attached.
The minutes as written reflect that a motion was passed to set
the proposed millage rate, but no mention was made of approving
the 5-Year Capital Improvement Program. In checking the record
(Le. the tape recording of the meeting) , the motion reflected in
the minutes is the motion that was stated and passed. However,
approval of the Capital Improvement Program (1993-1997) should
also have been included. Therefore, staff is recommending that
the minutes be amended to include the C.I.P. approval.
Recommend that the minutes of the City Commission regular meeting
of July 28, 1992, Item 9.P., be amended to include approval of
the 5-Year Capital Improvement Program (1993-1997) .
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 17. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT AGENDA IS AMENDED TO CORRECT:
Item 8M is amended to read: RATIFICATION OF THE CAPITAL
IMPROVEMENT PROGRAM: Ratify the Capital Improvement Program as
presented at the July 28, 1992 regular Commission meeting.
THE REGULAR AGENDA IS AMENDED TO INCLUDE;
O. SPADY PROPERTY ACOUISITION: . Approve a final settlement in
the amount of $255,000 for acquistion of properties G, H, J and
M in conjunction with the S.D. Spady Access Improvements
project. City Attorney recommends approval.
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Agenda Item No. :
AGENDA REQUEST
Date: 11/10/92
Request to be placed on:
X Regular Agenda
Special Agenda 11/17/92
Workshop Agenda When:
Description of item (who, what, where, how much) : Amend the motion of
the July 28, 1992 meeting, Item 9.P. which was to consider the final presentation
of the 5-year Capital Improvement Budget and to set the proposed millage rate.
The current minutes read the motion was passed to set the proposed millage rate.
Request the motion be amended to include approval of the 5-year Capital Improve-
ment Program fiscal years 1993-1997 as well.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDlNANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend minutes be amended to include the approval of the
C.I.P.
(Example: Recommend approval Events Account
No. 001-3333-555-44.55).,
Department Head Signature:
City Attorney Review/ Recommend
Budget Directo~ Review (required on all items involving expenditure
of funds): A-
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: (!JJ / NO trr1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
"
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Dr. Alperin moved approval on the increase of health insurance
premiums effective October 1, 1992, seconded by Mr. Andrews. Upon roll
call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews -
Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 3
to 1 vote.
9.P. Fiscal Year 1992/93 Budget. The Commission is to consider the
presentation of the FY 1992/93 Operating and Capital Improvement Budg-
ets; and set the proposed millage rate.
Joe Safford, Finance Director, reviewed the five (5) year
Capital Improvement Budget and each of the various funds.
Mr. Randolph requested Pompey Park be a priority in the unfund-
ed item category.
Mr. Safford stated that some unfunded projects may be funded
within the Decade of Excellence Bond Construction Fund, but all voted
projects must be fully completed before utilizing any remaining re-
serves.
The City Manager stated, following the Commission direction, an
attempt was made to pu t a budget together at 7.15 mils. The rollback
rate for the City is 7.31, the rate that would allow the same number of
property tax dollars that is in this years budget. The budget being
recommended is at 7.28. which would involve cutting seven (7) full time
positions and one (1) part time position, a number of which have been
vacant since December. In order to reach 7.15, there are a couple of
alternatives. One would be to do a total salary freeze, which would
eliminate merit increases; the other would be to eliminate an additional
six (6 ) positions.
The City Manager advised that all the other funds are in line.
The Water and Sewer fund has an additional cost of operating the lime
softening plant, bringing the need to increase the water rate about 5%.
The proposed millage has to be in the Property Appraisers office no
later than August 4. The revenues from State shared sources are flat and
down slightly as well as the property tax roll.
Dr. Alperin moved to set the proposed millage at 7.28, seconded
by Mr. Andrews. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes.
Said motion passed with a 4 to 0 vote.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
13.A.!. Mr. Andrews stated it would not be beneficial for him to attend
the League of Cities Conference; a staff member would be better to do
it.
13.A.2. Mr. Andrews stated the attendance at Board Meetings, most
especially those during the day should have some kind of compensation to
-13- 7/28/92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER lfit/1
SUBJECT: AGENDA ITEM # 8'J{ - MEETING OF NOVEMBER 17. 1992
RESOLUTION NO. 123-92
DATE: November 13, 1992
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
2345 N. Federal Highway. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $5,834.29 remains unpaid.
Recommend approval of Resolution No. 123-92 assessing costs
to demolish an unsafe building on property located at 2345 N. Federal
Highway.
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RESOLUTION NO. 123-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
'.
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner 'and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
hArein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 123-92
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NOTICE OF ASSESSMENT
Date
TO: Gerald J. Solomon
ADDRESS: 17096 Northway Circle, Boca Raton, Fl 33496
2345 North Federal Highway, Delray Beach, Fl 33444
PROPERTY:
LEGAL DESCRIPTION: Lots 39 and 40, Delray Beach Estates, according to
Plat Book 21, PaKe 13 of the official records of Palm Beach County, FI
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of$5,834.29 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
- , 1992, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 1-2-92
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining, appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision qf the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on tile above-described property on 9-21-92
at a cost of$5,834.29 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
'.
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Copy of all notices referred to in this notice are available in the
office of the Bui1d~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f)11(
SUBJECT: AGENDA ITEM # g f) - MEETING OF NOVEMBER 17. 1992
RESOLUTION NO. 124-92
DATE: November 13, 1992
This is a resolution assessing costs for abatement action
required to board up an unsafe building located on property at
225-227 S.W. 2nd Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $55 remains unpaid.
Recommend approval of Resolution No. 124-92 assessing costs
to board up an unsafe building located on property at 225-227 S.W. 2nd
Avenue.
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RESOLUTION NO. 124-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
.
'.
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived -by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992 .
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. l24-92l
,
'.
NOTICE OF ASSESSMENT
Date
TO: David Jacobs Simmons single and guardian for Lucius Simmons III
ADDRESS: 3836 Dolphin Drive, Delray Beach, Fl 33445
PROPERTY: 225-227 SW 2nd Avenue, Delray Beach, Florida 33444
LEGAL DESCRIPTION: Lot 10 and 11, Block 55, C.H. Diggans according to Plat
Book 8, Page 58 of the official records of Palm Beach County, Fl.
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $55.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1992, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 10-5-92
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision qf the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
. The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on tIle above-described property on 10-9-92
at a cost of $~~ nn which includes a ten percent ( 10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
'.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
"
..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~f> - MEETING OF NOVEMBER 17. 1992
RESOLUTION NO. 125-92
DATE: November 13, 1992
This is a resolution assessing costs for abatement action
required to board up an unsafe building located on property at
347 S.E. 3rd Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $847.50 remains unpaid.
Recommend approval of Resolution No. 125-92 assessing costs
to board up an unsafe building located on property at 347 S.E. 3rd
Avenue.
'.
RESOLUTION NO. 125-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTIONj PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTSj PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTSj PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of .ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained wi thin Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involvedj and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
.
'.
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice,( s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 125-92 i
.
'.
NOTICE OF ASSESSMENT
Date
TO: Thomas S. McDermott
ADDRESS: 4905 Pineapple Tree Drive, apt. 210, Boynton Beach, Fl 33436
PROPERTY: 347 SE 3rd Avenue, Delray Beach, Florida 33444
LEGAL DESCRIPTION: Lot 12, Block 96, Linn's Addition to Osceola Park
according to Plat Book 3, Page 2 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $874.50 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1992, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 9-11-92
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiat~d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining, appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification.on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
. The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on tile above-described property on 10-8-92
at a cost of $874.50 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
'.
.
Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
.
'. j."
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJ}t1
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF NOVEMBER 17. 1992
RESOLUTION NO. 126-92
DATE: November 13, 1992
This is a resolution assessing costs for abatement action
required to board up an unsafe building located on property at
232 N.W. 8th Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $524.72 remains unpaid.
Recommend approval of Resolution No. 126-92 assessing costs
to board up an unsafe building located on property at 232 N.W. 8th
Avenue.
'.
"I~
.
' .,
RESOLUTION NO. 126-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
.
'.
1
I
i
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied. !
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess.
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAYOR
ATTEST:
City Clerk
. - 2 - Res. No. 126-92
'.
NOTICE OF ASSESSMENT
Date
TO: Larry James and Glorith Ann Stephenson
ADDRESS: 232 NW 8th Avenue, Delray Beach, Fl 33444
PROPERTY: 232 NW 8th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot: 25, Block B. Tourist Nook according to Plat
Book II, Page 47 of thp offi~i~l r~~orn~ of Palm Beach County. Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $524.72 by resolution
of .the City Commission of the City of Delray Beach, Florida, dated
, 1992, has been levied against the above-described property.
- The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 9-11-92
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtainin& appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision qf the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
. The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 9-19-92
at a cost of $524.72 which includes a ten percent 00%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
'.
.
Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
'.
.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
~I
FROM: CITY MANAGER .
SUBJECT: AGENDA ITEM :It lIT? - MEETING OF NOVEMBER 17. 1992
ALLOCATION OF PRIOR YEAR SURPLUS/GENERAL CONSTRUCTION FUND
DATE: November 13, 1992
This item is before you to authorize staff to allocate $109,735 from
the General Construction Fund Prior Year Surplus and prior year
funding from the FIND Grant in the amount of $14,115 for the
continuation of the Veteran's Park Redevelopment project.
During the budget preparation process these funds were lapsed and
absorbed into the General Construction Fund. As the grant agreement
requires that all funding be expended, it is necessary to bring
forward these funds into the current fiscal year.
Recommend authorization to allocate $109,735 from the General
Construction Fund Prior Year Surplus (Account No. 334-0000-301-34.00)
and prior year funding from the FIND Grant in the amount of $14,115
(Account No. 334-0000-337-63.00) for the continuation of the Veteran's
Park Redevelopment project.
'.
. . ~
Agenda Item No.:
AGENDA REQUEST
Date: 11/12/92
Request to be pl~ced on,:'
X Regular Agenda Special Agenda Workshop Agenda
When: Nov. 17, 1992
Description of agenda item (who, what, where, how much): Allocate prior
year surplus in the General Construction Fund for the continuation or the
Veteran's Park Redevelopment Project. er10r year funding is from the reimbursement
om the F.r.N.D. Grant for the Veteran's Park Seawall. Fiscal Year 1992 receipts
totalled $109,735. Fina rece1pts to e rece1ve 1n 1sca ear , tota $14, 115.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of allocation to Veteran's Park Projection
the amount of $123,850.00.
'----
Department Head Signature: "---'-
Determination of Consistency wi :
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternative : . (if applicable)
Account No. & Desc~~tion: 1~~-~7.03-nD V -E1"tQANiS W-l=/ N D ~T
Account Balance: ~ ~ IQq .
City Manager Review:
Approved for agenda: @/ NO 8'r-,1 C r*'
~./'-i~'
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
~ -
.. - City of Delray Beach
. .- Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date November 13, 1992
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: Budget
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
334-0000-301.34-00 Prior Year Surplus 109,735
334-0000-337.63-00 Veteran's Park-FIND Grant 14,115
334-4126-572.61-63 Redevelopment Veterans's P~ rk 123,850
(10) TOTAL 123,850 123,850
JUSTIFIC~1W81JJ? FY 93 Budget for the continuation of the Veteran's Park Redevelopment Project.
November 17, 1992 Agenda.
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FilE PINK-DEPARTMENT
'.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~~ - MEETING OF NOVEMBER 17. 1992
AWARD OF BIDS AND CONTRACTS
DATE: November 13, 1992
This item is before you to approve the award of the following bids and
contracts:
1. Southeast Transmission Main Part B and Boca Raton
Interconnection - Environmental Services - Ric Man International,
Inc. in the amount of $467,239.50 with funding from 1991 Water
and Sewer Revenue Bond - Water and Sewer Improvements S.E. 1st
Street from U.S. 1 to Intracoastal Waterway (Account No.
447-5174-536-61.41), Water and Sewer Fund - S.E. Transmission
Main Construction (Account No. 441-5181-536-69.06) and Water and
Sewer Capital S.E. Transmission Main (Account No.
441-5161-536-69.06).
2. Liquid Carbon Dioxide - Environmental Services - Liquid
Carbonic Carbon Dioxide Corp. in the estimated annual amount of
$40,252 with funding from Water and Sewer - Water Treatment Plant
Chemicals (Account No. 441-5122-536-52.21).
3. Bulk Quick Lime - Environmental Services - Dravo Lime
Company in the estimated annual amount of $224,308 with funding
from Water and Sewer - Water Treatment Plant Chemicals (Account
No. 441-5122-536-52.21).
4. Mad Vac Litter Collection Vehicle - Public Works - Florida
Municipal Equipment, Inc. in the amount of $17,515 with funding
from Storm Water Utility Fund - Improvements Other (Account No.
448-5411-538-60.69) .
5. Water and Sewer Services - Former Enclave Areas (Seacrest
Subdivision, Del Raton Park and Homewood Park) - Tiger
Construction Services, Inc. in the amount of $345,370 with
funding from 1991 Water and Sewer Revenue Bond - Enclave
Water/Sanitary Sewer - Phase II (Account No. 447-5175-536-60.31).
6. Housing Rehab Grant awards with funding from Community
Development Block Grant - Housing Rehab (Account No.
118-1963-554-49.19):
-702 S.W. 1st Street - MJD Construction - $19,710
-813 S.W. 11th Terrace - MJD Construction - $16,742
-230 S.W. 13th Avenue - MJD Construction - $14,926
7. Litter Containers - West Atlantic Avenue Beautification -
Stonecraft of Boynton Beach in the amount of $18,744 with funding
from Decade of Excellence Bond Issue - Atlantic Avenue 1-95 to
Swinton Avenue (Account No. 225-4141-572-61.49) .
Recommend approval of the above bids and contracts with funding as
indicated.
'.
"
-.
.
MEMORANDUM
TO: David T. Harden
City Manager ~ II
I{(D If, 'l--
THRU: William H. Greenwood 1"
Dir. of Environmental Services
FROM: Ralph E. Hayden, P.E~
City Engineer
DATE: November 6, 1992
SUBJECT: SOUTHEAST TRANSMISSION MAIN - PART B
PROJECT NO. 91-76
Attached is an Agenda Request and Bid Tabulation of the
referenced project. We are seeking Commission approval on
the November 17 meeting and will begin construction
immediately thereafter. Also enclosed is a copy of a budget
transfer to indicate the funding sources and a bid
tabulation. We recommend we award this contract to Ric-Man
International, the lowest responsible responsive bidder.
RH:mm
File: Project No. 91-76 (D)
Memos to City Manager
RH176N06.MRM
<65 . f
'.
.
Agenda Item No.:
AGENDA REQUEST
Date: October 17, 1992
Request to be placed on:
X Regular Agenda
Special Agenda tJ eX)
Workshop Agenda When: (, ,'> <; Z-
Description of item (who, what, where, how much): Staff request approva1 to
enter into a contract with Ric-Man International to construct the SOlltneRst
Transmission Main from Miller Tank to Dogwood Drive and the BO~R RRton Tntpr-
connect. This water main is in accordance with the Water Distrihntion M~qtpr
Plan. Ric-Man International was the lowest responsible responsivp hinnpr
Project If 91-76
The Contract amount is $ 467.239.50
The Funding Source is If 447-5174-536-61.41 44:/:-5f bl-5~,~
441-5181-536-69.06 )
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO"
Recommendation: Staff recommends approval of a contract with Ric-Man TnternRtion-
aI, Inc., in the amount of $ 467,239.50 for construction of 'the wRter m~in.
Department Head Signature: ".fJ2511; ~~ ,.."..,~_~ 1r/'O/4J "Z-
.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available:' @1NO
Funding alternatives (if applicable) .
Account No. & Description #l/-7S17lJ-SS'?/.l.f1 ~/ wfs "B.roJ.o-Se- /~T~
Account Balance . US.~ - IrrrllA WTI'L-
City Manager Review: :i~/2.J 8~" /
WI ~I 1"/ n, ~~()' ~ w/s tVf\J[) _ CAt" SE~
Approved for agenda: ~/NO
;;4 U,lftN. c,f\J.J m.-..:
Hold Until: - o $/~9~ '(~ / 343,g4.L
Agenda Coordinator Review: 441- ~ I bl-S;~. 0'1-0" iJJ b o-A:p 1TAt.-
Received: tI4,~
Placed on Agenda:
Action:
Approved/Disapproved
Q Z.7~ b 30
II fS-37___
3 'jl., \ff, 7
'.
....------==-" City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date November 12, 1992
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: George Abou-Jaoude, Deputy Director of Public Works.
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
441-0000-301.41-( 0 Prior Year Surplus 114,837
441-5161-536.69-( 6 Cap SE Transmission Mai 114,837
441-5181-536.99-( 1 Project Reserve 66,212
441-5181-536.69-( 6 Cap SE Transmission Mai 66,212
(10) TOTAL 181,049 181,049
JUSTIFICATIORa!und the S.E. Traansmission Main Project awarded to Ric-Man International, Inc. in the amoun
of $467,240. Total Funding Sources:
1:"11"ln --- I.....T A,..,..T
W/S- Tran/Storage (Connection Fees) FYq 1- 441-5181-536.69-06 277,630 Cap SE Trans Main
VVI,>- I r~~s) .... I-v' 0 -vvU.U"-VU uu.c. ,c. -.. I 'a.." IYlall,
W/S-Capital FY 92 Surplus- Div 5161 441-5161-536.69-06 114,837 Cap SE Trans Main
91 W/S Bond FY 92 Balance 447-5174-536.61-41 8,561 SE 1 st Frm US 1-lntr Wtr
--------------
rv. ...."TV
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FilE PINK-DEPARTMENT
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M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ ~
Administrative Services
THROUGH: Ted Glas, Purchasing Officer 41
FROM: Jackie Rooney, Bid Specialist 'f
DATE: November 10, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
November 17, 1992
C02 - CARBON DIOXIDE - Term Contract
Item Before City Commission:
The City Commission is requested to award a contract to Liquid
Carbonic, at an estimated ann~cost of $40,252.0Y, Per ~~
Department, funding is from: -SI2."l:-f;~52-~ W,-p
.
Backqround:
The Water Treatment Plant has a need of an annual contract for carbon
dioxide as the recarbonation chemical needed to adjust the pH and
stabilize theq4w~terl~5e leaving the Water Treatment Plant. A
total of $:3 I on J is budgeted for this chemical.
, ,
Carbon dioxide is available via City of West Palm Beach Bid
#82/83-94, per attached documentation.
The Deputy Director of Environmental Services/ Public Utilities has
reviewed this contract, and recommends award, per attached memo.
Recommendation:
Staff recommends award to Liquid Carbonic, at an estimated annual
cost of $40,252, via City of West Palm Beach Bid #82/83-94. Funding
as outlined above.
Attachments:
Documentation on City of West Palm Beach Bid
Memo(s) from Environmental Services
pc: William Greenwood
George Abou-Jaoude
Don Haley
~S. d--
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.
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Agenda Item No.:
AGEBDA REQUEST
Date: November 09, 1992
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: November 17, 1992
Description of agenda item (who, what, where, how much): Contract
Award - Carbon Dioxide for Water Treatment Plant - Term Contract
ORDIHABCE/ RESOLUTIOH REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Liquid Carbonic Carbon Dioxide Corporation at an
estimated annual cost of $40,252. via West Palm Beach Contract #82/83-94
~; /~1~
L6i, ~
Department Hlad Signature: ~~/9 ~ 4!L ~. r
,
Deteraination of Consistency with eoaprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~ NO
Funding alternative (if applicable)
Account No. & DeSAtltion: 4Z1:1-5/2-Z:-9L:.. 52-1-r Wi? rAiEMt:A:LS
Account Balance: 0 Cfu
City Manager Review:
Approved for agenda: @/ NO tyr/
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
.
.
MEMORANDUM
TO: Ted Glas
Purchasing Officer
THRU: George Abou-Jaoude C f...
Dep. Dir. of Public Utilities
FROM: Don Haley
Supt/Water Treatment Plant
SUBJECT: LIME AND CARBON DIOXIDE QUANTITIES 92/93
DATE: November 6, 1992
The estimated start up of Lime Softening is December 15,
1992.
This will require Lime (calcium carbonate) as the primary
coagulant, and carbon dioxide (CO2 ) as the recarbonation
chemical needed to adjust the pH and stabilize the water
before leaving the Water Treatment Plant.
Based on an average flow of 14 million gallons per day (mgd)
and 180 parts per million (ppm) dose, the estimated lime
needed to finish out the 92/93 year will be 2800 tons.
The estimated CO2 needed to finish out the 92/93 year using
20 ppm will be 347 tons.
Monies for both items is funded in 92/93 budget under Line
Item 441-5122-536-52.21.
~~~--
Don Haley ~
Supt/Water Treatmen Plant
DH/gm
cc: File: Memos to Purchasing
File: a:limeco2.doc
William H. Greenwood, Dir. of Environmental Services
'.
.
.
Mr. Don Haley
November 02, 1992
Page - 2 -
Orders for carbon dioxide can be placed by calling our Lakeland Distribution
Manager, Marcia Spare at (813) 688-8668.
We look forward to receiving your Purchase Order.
Sincerely,
LIQUID C~ONIC CO~50RPORATION
:SW~~L
David C. Braithwaite
Regional Sales Manager
. ' .
Mbrld', L.arpeat Supplier d co,
LIQUID CARBONIC
CARBON DIOXIDE CORPm~~
1eg1 PHOENIX BLVD., SUITE 370 . AJ'i ' I GeORGIA 30349
'9Z AUG Zo An 11 3'\
August 10, 1992 W.P.B. PURCHASINC DEl't.
Ms. Nora Laudennilk
Assistant Purchasing
CITY OF WEST PALM BEACH, FLORIDA
1045 Charlone Avenue
w: Palm Beach, FL 33401
Dear Ms. Laudermtlk:
As per our telephone conwrsation on Wednesday, August 12th, this letter
co1Jftrms that Liquid Carbonic wishes to extend our current liquid carbon
dioxide pricing of $116.00 per ton lor an additional 12 (twelve) month
period.
Pricing will remainflrmfor 12 (twelve) months, beginning October 1, 1992
wul ending September 30, 1993. .
Orders for carbon dioxide can be placed by calling our Lake.land
Distribution Manager, Marcia Spare at (813) 688-8668.
We lookforward to receiving your contract extension agreement.
Sincerely ,
ONlC C02 CORPORATION
.L
, .' .
GENERAL SPECIFICATIONS
FOR
IICARBON DIOXIDE"
(917 TONS)
1- All prices must be form for one year and quoted F.O.B.l
West Palm Beach; Florida and delivered to the following
location:
Water Dept.; 1st and Tamarind Avenue
Price quoted should be the maximum amount to be charged,
however, any general reduction in commodity price or freight
rates within the industry, should be passed on to the City.
"J All material sold to the City of West Palm Beach is exempt
-.
from State of Florida sales tax and all Federal taxes and
Transportation taxes.
3. All invoices and statements should be mailed to:
City of West Palm Beach
P.O. Drawer "P"
Nest P~J.m Beach, FL 33402-4117
4. Contract 2'eriod: October 1, 1983 through September 30, 1984
5. CancellatiQn (Increase or Decrease): The right is reserved
to increase, reduce, or cancel this order with a 30 day
written notice ~y either party.
6. Contract Extension: This contract may be extended for one
year or more, if acceptable to all parties involved and
all terms and conditions remain the same.
7. Total quantities given are estimated amounts only for
approximately one year's usage.
8. Material to be delivered in bulk transport to the Water
Plant, 1st Street and Tamarind Avenue.
9. Material to be domestic manufacture.
lO. Carbon Dioxide to be at least 99.99% pure.
II. Material is to be delivered on a regular basis so that
there will be a constant supply on hand. All deliveries
to be made within (3) days from date of order placement.
'f
.
World's Largest Supplier of CO2
LIQUID CARBONIC
CARBON DIOXIDE CORPORATION
@
1691 PHOENIX BLVD., SUITE 370 · ATLANTA, GEORGIA 30349
November 02, 1992
Mr. Don Haley
Superintendent
CITY OF DELRA Y BEACH
Water Treatment Plant-Dept. Of Env. Services
200 S. W. 6th Street
Delray Beach, FL 33444
Dear Mr. Haley:
Thank you very much for the opportunity to service your bulk carbon dioxide
requirements.
Please find attached City Of West Palm Beach's Purchase Order #51259,
effective dates from October 1, 1991 through September 30, 1992, and also
Liquid Carbonic's letter of August 10, 1992 extending those terms for an
additional twelve months.
Liquid Carbonic agrees to extend these terms and pricing to the City Of Delray
Beach Water Department.
Under these terms, Liquid Carbonic agrees to supply the City Of Delray Beach,
on an "as needed" basis, Liquid carbon dioxide at pricing of $116.00 per ton,
subject to the issuance of a purchase order by the City Of Delray Beach to
Liquid Carbonic Corporation.
The period covered by this agreement to be October 1, 1992 through
September 30, 1993, with an option for the City Of Delray Beach to renew this
agreement with the same terms for an additional period from October 1, 1993
through September 30, 1994, by the issuance of suitable authorization to Liquid
Carbonic Corporation.
,
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ ~
Administrative Services
THROUGH: Ted Glas, Purchasing Officer 44'
FROM: Jackie Rooney, Bid Specialist cf-
DATE: November 09, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
November 17, 1992
BULK QUICKLIME - Term Contract
Item Before City Commission:
The City Commission is requested to Dravo Lime
Company, at an estimated annua 40st Finance
Department, funding is from: I
.
Backqround:
The Water Treatment Plant has a need of an annual contract for Lime
(calcium carbonate) to adjust the pH and stabili~~atl~efore
leaving the Water Treatment Plant. A total of $ V
is budgeted for this chemical.
Bulk Quicklime is available via Palm Beach County Contract
#92-096/MH, per attached documentation.
The Deputy Director of Environmental Services/ Public Utilities has
reviewed this contract, and recommends award, per attached memo.
Recommendation:
Staff recommends award to Dravo Lime Company, at an estimated annual
cost of $224,308, via Palm Beach County Contract #92-096/MH.
Funding as outlined above.
Attachments:
Documentation on County Contract
Memo(s) from Environmental Services
pc: William Greenwood
George Abou-Jaoude
Don Haley
<bS3
.
.
Agenda Item No.:
AGEBDA REQUEST
Date: November 09, 1992
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: November 17, 1992
Description of agenda item (who, what, where, how much): Contract
Award - Bulk Quicklime for Water Treatment Plant - Term Contract
ORDlHAHCE/ RESOLUTIOH REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Dravo Lime Company at an estimated annual cost of
$224.308. via Palm"Beach Count v Contract 1I92-096/MH
~j ~~/ ~
Department Hea~ ignatu:e: /?~4' ~. _._ _ _ .
Deteraination of Consistency with eoaprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~ NO ,~
Funding alternatives: (if app~
Account No. & DesA6~tion: 4lf:E5'/2."Z:-S:::SCo. 52r2-1 wiPe-
Account Balance: q~1
City Manager Review:
Approved for agenda: ~/ NO ~1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
,
MEMORANDUM
TO: Ted Glas
Purchasing Officer
THRU: George Abou-Jaoude C f...
Dep. Dir. of Public Utilities
FROM: Don Haley
Supt/Water Treatment Plant
SUBJECT: LIME AND CARBON DIOXIDE QUANTITIES 92/93
DATE: November 6, 1992
The estimated start up of Lime Softening is December 15,
1992.
This will require Lime (calcium carbonate) as the primary
coagulant, and carbon dioxide (CO2 ) as the recarbonation
chemical needed to adjust the pH and stabilize the water
before leaving the Water Treatment Plant.
Based on an average flow of 14 million gallons per day (mgd)
and 180 parts per million (ppm) dose, the estimated lime
needed to finish out the 92/93 year will be 2800 tons.
The estimated CO2 needed to finish out the 92/93 year using
20 ppm will be 347 tons.
Monies for both items is funded in 92/93 budget under Line
Item 441-5122-536-52.21.
0~~
. \,-- P'- ~__
Don Haley ~
Supt/Water Treatmen Plant
DH/gm
cc: File: Memos to Purchasing
File: a:limeco2.doc
Wi.lliam H. Greenwood, Dir. of Environmental Services
.
,.
.
. DJUlR UM'
r:aMPIIIIY
r=
September 25, 1992
Mr. Don Haley
superintendant Water Treatment Plant
City of Delray Beach
200 S.W. 6th street
Delray Beach, FL 33444
Dear Mr. Haley:
As per our conversation on September 23, 1992, I have enclosed
a price quotation, specifications sheets, Emergency phone numbers,
a book on H20 Softening and several brochures on Lime softening.
I believe the book and brochures can be informative as you start-up
your new lime softening plant.
While looking at the price quotation you may notice that
Delray Beach's price is a little lower than Palm Beach Counties.
The reason for this is that Palm Beach asked for one truck freight
to all their locations; therefore, we had to average out the
freights to all locations. Delray' s truck freight from our
facility in Fort Lauderdale is $6.77 per ton instead of the $7.31
per ton average Palm Beach County has.
The Palm Beach County bid has an extension clause on the end
of the twelve month contract period. This option will also be
available to Delray Beach.
If I can be of any further assistance please feel free to
contact me. Again, good luck on the start-up of your new plant.
Sincerely,
\{O-da.~
Jack A. Thompson
Sales Representative
LONGVIEW DIVISION
p, o. Box 37
Saginaw, AL 35137
Phone: 205-663-0786
FAX: 205-663-1030
A Subsidiary of Dravo Corporation
,. "1
~ --
DRIIVD l'ME LONGVIEW DIVISION
. CDMPIINY P. o. Box 37
t; Saginaw, AL 35137 LONGVIEW DIVISION
Phone: 205-664-2456
Interstate Wats: 1-800-633-4889 QUOTATION
A Subsidiary of Dra~ Corporation ATTN: Don Haley
NAME City of Delray Beach
ADDRESS ?OO s.w. 6th street
Op-lray Reach, FL 33444
JOB Blllk Pp-hhlp- Qn;('!klimp- requirement
DELIVERY INSTRUCTIONS Tru('!k delivery 24 ton minimum
DATE Septemb~r 215, lqq? TERMS Net 30 Days ~-
Bulk Pebble Quicklime F.O.B. Ft. Lauderdale, FL $73.34 /ton
Truck freight rate 24 ton minimum $ 6.77 /ton
Total Delivered $80.11 /ton
ACCEPTANCE: Prices quoted are subject to acceptance within days of the date of quotation or bid
opening, whichever is later, and are subject to the conditions on the back hereof.
Your consideration of our products is sincerely appreciated and we look forward to serving you.
Accepted DRAVO LIME COMPANY
Purchaser LONGVIEW DIVISION
Date
Title tl.d./ !t
By
Jack pson, Sa
... .--
.
DRIIIID UM'
caMPII.Y
~ THE FOLLOWING IS A TYPICAL ANALYSIS OF
LONGVIEW ROTARY QUICKLIME
CaO - AVAILABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93.0 TO 97.0%
CaO - TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96.0 TO 98.0
S- EQUIVALENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.01 TO 0.035
MgO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50 TO 1.25
LOI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.25 TO 1.50
MnO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0.0020 TO 0.0035
CaCO 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.2 TO 3.0
CaS04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.5 TO 0.25
Si02 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.40 TO 1.00
A120 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.25 TO 0.60
Fe2 0 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.20 TO 0.40
P2 0 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..0.010 TO 0.020
SLAKING TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 MINUTES
RICE SIZE PEBBLE QUICKLIME SCREEN ANALYSIS:
+ 1/2 . . . . . . . . . . . . . . . . . . . . . . . . . 0.0
+ 3/8 . . . . . . . . . . . . . . . . . . . . . . . . .29.8
+ 1/4 . . . . . . . . . . . . . . . . . . . . . . . . .37.0
+ #4 . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . 9
+ #6 . . . . . . . . . . . . . . . . . . . . . . . . . . 9.5
- #6 . . . . . . . . . . . . . . . . . . . . . . . . . . ~
TOTAL 100.0%
LONGVIEW DIVISION
p, o. Box 37
Saginaw, AL 35137
Phone: 205-663-0786
FAX: 205-663-1030
A Subsidiary of Oravo Corporation
.
"...' .J - . -~. · BID RE-CAP SHEET Form I
~ .
BID I 92-096/MH BID TITL UYER Mike Hauer
SUPERCEDES BID I N/A .,
nITULI_ IIlTULI
DATE POST CARDS GENERATED 05/04/92 MH DATE EVAL. SENT TO DEPT. 06/24/92 MH
DATE PRE-BID CONFERENCE N/A DATE DEPT. !VAL. RETURNED06 26 92 ~
DATE ADDENDUM{S) SENT N/A DATE POSTING APPROVED / &. X 41 ~ .
DATE BID OPENED 06/22/92 TS & NG DATE/TIME BID POSTED /~ 0).. 4~1J.
DATE EVAL. TO O.E.O. N/A Policy DATE/TIME BID REMOVED:' "3. ~ cr "3~
DATE EVAL. FROM O.E.O. N/A DATE RECAP SENT TO O.E.O '~
. . '
,-
- 1 '
==============================================================c============-================
IF PRICE AGREEMENT GENERATED: TERM 8 - 92 TO 8 - 93 . EST. ARNUIL USAGE: S 1.302,000.00
....~
. ,-
.
LIST BIDDERS FROM LOVEST PAYMENT DELIVERY RECOMMENDATION "'KEY"
TO HIGHEST BID TERMS A/R/O TOTAL OFFER ONLY
}
Dravo Lime --- --- $ 1,048,450.00 ( 1 )
Allied Lime --- --- $ 1,070,680.00 ( 2 )
$ ( )
$ ( )
$ ( )
KEY(S) FOR RECOMMENDATION:
(1) RECOMMENDED AWARD TO LOWEST RESPONSIVE BIDDER(S) MEETING SPECIFICATIONS
(2) NO AVARD, NOT "LOVEST" RESPONSIVE BIDDER.
(3) NO AWARD, NOT RESPONSIVE TO BID. -
RECOMMENDED AVARD TO CERTIFIED M/WBE? YES - NOl
IF NO TO ABOVE, RECOMMENDED BIDDER RESPONSIVE TO MIWBE REQUIREMENTS? YES NO - NIA
IF YES TO ABOVE, TOTAL DOLLAR VALUE OF M/WBE SUB-CONTRACTING OPPORTUNITIES OILY: $
.. ..
DOES EVALUATING DEPARTMENT CONCUR WITH RECOMMENDATION? YESol NO_
~ -~...
REMARKS: Recommend Award to Dravo Lime as the lowest responsive bidder meetinq
} .'
specifications. '.. j
, .
.. ..'
*THE FOLLOWING HAS BEEN PROVIDED AS PART OF THE AWARD PROCESS:
( ) CERTIFICATE OF INSURANCE, IF REQUIRED
( ) PERFORMANCE AND PAYMENT BOND, IF REQUIRED
( ) DEPOSIT/BID BOND, IF REQUIRED
( ) PUBLIC ENTITY CRIME SWORN AFFIDAVIT
( ) CERTIFICATE OF COMPETENCY, IF REQUIRED
( ) RELATED LICENSES AND PERMITS, IF REQUIRED
( ) WARRANTY INFORMATION, IF REQUIRED
( ) QUALIFICATION OF BIDDERS INFORMATION, IF REQUIRED
-~'#.' ..
~-.. ........ , .,
. ' ,
.
~ "
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
FROM: Ted Glas, Purchasing Officer ~~
DATE: November 09, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 17, 1992 1992 - PURCHASE AWARD -
LITTER COLLECTION VEHICLE
Item Before City Commission:
The City Commission is requested to approve the purchase of one (1)
MadVac Litter Collection Vehicle from Florida Municipal Equipment,
Inc. at a cost of $17,515. Per the Finance Department, funding is
from: Lf'f~ - 5tHb -G3g . b4- Zs ( HeC4..\hl &uV,p~nt-
) .
Background:
Funds were allocated in the FY 92-93 budget for a litter collection
vehicle. A total of $ 2J), 000 was budgeted.
,
The Deputy Director of Public Works recommends purchasing a re-built
demonstrator (MadVac Model 101 Vacuum Litter Collection Vehicle) on a
sole-source basis, per attached memo.
Recommendation:
Staff recommends purchase of the litter collection vehicle from
Florida Municipal Equipment, Inc. at a cost $17,515.
Attachments:
Memo from Public Works
Letter from Florida Municipal Equipment
pc: William Greenwood
Richard Corwin
CZS.t
'.
.
.
Agenda I tem No. :
AGENDA REQUEST
Date: November 09, 1992
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: Nov~mh~r 17, 1 q92
Description of agenda item (who, what, where, how much): Purchase Award -
one (1) MadVac Model 101 Vacuum Litter Collection Vehicle.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Florida Municipal Equipment, Inc. at a cost
of $17.515.
~lt~I' /
IJ J I
{, ,'(I '/?~~~-L~1
0';
~epartment Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:~/ NO
Funding alternative: ~J!apPliCable)
Account No. & Description: ~slt1~"".s~g. ' EAV'J ~V\I1t1EtSf'
Account Balance: ~,(X1)
City Manager Review:
Approved for agenda: @/ NO tJ7L'
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
.
, --
MEMORANDUM
TO: William Greenwood
Director of Environmental Services
FROM: Richard Corwin
Deputy Director of Public Works
SUBJECT: MAD VAC LITTER COLLECTION VEHICLE
DATE: October 9, 1992
Florida Municipal Equipment, Inc. has proposed to sell us a
re-built demonstrator mad-vac vacuum litter collection vehicle.
(see attached).
Our purchase price is $17,125 plus $390.00 for one nozzle
attachment. As a re-built demonstrator model, we will receive a
new equipment warrantee covering 100% parts and labor for one
year.
This piece of equipment will enable us to enhance our litter
control wi thin the Environmental Services Compound, special
events clean-up especially where the street sweeper cannot sweep,
parking lots and other areas prone to collect litter.
The mad vac can be transported by pick-up truck and requires only
a folding ramp be added which can be fabricated in the garage.
Funding will come from the Storm Water Utility account
#448-5411-538-60.69.
If you require additional information, please call me.
~C .
.-r--
Richard Corwin
Deputy Director of Public Works
RC/lm
REF: RCWGMVCV. DOC
Enc8: 2
cc: Bob Barcinski, Assistant City Manager
Joe Safford, Finance Director
File: Interoffice memos from Public Works
'.
~ ....
:", <! ,
. ( .l.
, I FLORIDA hc.CE'VEO OCT 0 6 1~2\
~ -" ..,
4, MUNICIPAL
"t- -' -
.
~.~ f
EQUIPMENT, INC.
October 1, 1992
Hr. Richard Corwin
Deputy Director of Public Works
City of Delray Beach
434 South Swinton Avenue
Delray Beach, Florida 33444
Re: Proposal on MadVac Model 101 Vacuum Litter Collection Vehicle
- Dear Richard:
-
As per your request we are please to provide a proposal for
one (1) MadVac Model 101 Vacuum Litter Collection Vehicle. The
proposed unit is our demonstrator which has been completely
refurbished by the manufacturer in Montreal.
I've included a copy of the work that was completed by the
manufacturer as part of their rebuilding program. This unit will
come complete with a brand new one (1) year, 100% parts and labor
warranty.
The price of the unit, F.O.B. Delray Beach is $17,125. The
requested option of the 30" rectangular vacuum nozzle attachment
: is $390.
Thanks once again for your time and consideration. Please
don't hesitate to contact me should you have any questions.
enc.
n'" ft__ ..11,. b_..___ ft___.._ ,r- ."l~ 'c.. __^...~ .."'....f', """ i"'n....\ Lfj~' ClAn., _ P.....IQ'I.. ~T ..TU\
.
J . ( i .'.,".. . . . ~
h J \ " .~" . !J:..
;; 1 .J :..:'\.'t' \ ......;,. . '.' .ft .
. .,,', . .. . , ;l,'o. '''+ "" ' , 'il
': ....), {.: ': " .. '~.:' ~(:::,:.~", c':-~
· ,~, ....' :'''..'1 ..' ..... <~,':;'-"'. '. ......
~ I ~,: MA'D'V AC 4Jt:'~I~~7~.6~oO' ....~
. - ;-- _.~ ..
C.B.C. Municipal Equipment FAX: 514-670-0299
FAX MESSAGE
22 April 1992
To: Florida Munlolpal Equipment
Daniel J. Federico
From: Tarek EI Cherlf
Number of pape8 Including this ~ge 1
Re: MADV AC factory rebuilding program.
i
I The MAOVAC demo unit rebuilding program Includes the following:
.
I -Replacement of old and cracked hydraulio lines
I -F aotory paint of unit
-Complete set of Decala
-Installation of all retrofit kits
on cooler. Air cleaner. New Muffler, Front wheel simplified tire
. change.
, -Inspection and teetlng of all hydraullo components and rep,lacement of
faulty parts.
-Compl9te engine tune-up ( filters, plugs, oil ).
- -~.h"irc.. din nil Anti flit.
...... . -. .... . ".
'f' I'
.
. I
.
Agenda Item No.:
AGENDA REOUEST
Date: November 6, 1992
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: November 17, 1992
Description of item (who, what, where, how much) I Staff requests City Commission to
approve contract award to Tiqer Construction Services. Inc. for Bid No. 92-79 "Provision of Water
& Sewer to the Delrav Beach Enclave Areas (Phase I) Seacrest Subdivision - Del Raton Park &
Homewood Park". Total construction cost is $345,370.00. Project No. 92-08; Funding source is
447-5175-536-60.31.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval by City Commission to award contract to Tiqer
Construction Services. Inc. in the amount of $345.370.00.
Department Head Signature: ~~~'N~~ GI\
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget D~~ector Review ~ired on all items involving expenditure of funds):
Funding available: YE /NO
Funding alternatives (if apPli~
Account No. & DescriPti~-SI1S:-S:?bf:O~l ElJrj.J:w~ ~tJT. SwR- Pl-\ IC
Account Balance~74,4=
City Manager Review:
Approved for agenda: @/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
. N-Ol) 3 '92 15:40 FROM HAZEN SAWYER-BOCA PAGE.002
.
~ HAzEN AND SAWYER Hazen and Sa\'\oYllr, P. C,
2101 Corporate Blvd.
Boca Raton. FL 33431
Environmentaf Engineers & Scientists 407 997080iO
Fax 407 997-8159
November 3, 1992
Mr. George Abou-Jaoude
CITY OF DELRAY BEACH
434 South Swinton Avenue
.. Delray Beach, Florida 33444
" Delray Beach Enclaves - Phase I
Bid Evaluation
Dear Mr. Abou-Jaoude:
The bids opened on October 23, 1992 for the provision of Water and Sewer to the Detray Beach
Enclave Areas (Phase I) have been evaluated and the bid tabulation is attached for your use.
Based on our evaluation of the bids, it is our recommendation that the City award the Contract
to Tiger Construction Services, Inc. Tiger Construction Services, Inc. was the low bidder at
$345,370 and has previously performed work for the City of Delray Beach.
Also attached is the Notice of Tentative Award to be signed and transmitted to:
Mr. Skip Liguori
Tiger Construction Services, Inc.
6BO 1 Lake Worth Road, Suite 127
Lake Worth, FL 33467
If you have any questions regarding this matter please give me a call.
Very truly yours,
HAZEN AND SAWYER, P.C.
~~I:rL
I:rincipal Engineer
Enclosure
c: File 4082-003
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' +- PRO.!, f:N(';R. No, 39445
-;;o--f--;;-.m- . -~------- ---'. .
ISSUED f ('~ AY
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MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager
FROM: Ted Glas, Purchasing Officer ~/
DATE: November 10, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 17, 1992 - BID AWARD - BID #93-04
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award three (3) contracts to MJD
Construction Services, at a total combined cost of $51,378.00. Per
the Finance Departmen~Unding is from:l{~ --/'lb?J -~-4-'1 .(Cj
(CDB& ~l.{Slre, ~-e ~nt ).
Background:
The Community Development Division handles and processes their formal
bids on housing rehabilitation.
Property Contractor Amount
702 SW 1st Street MJD Construction $19,710.00
813 SW 11th Terrace MJD Construction $16,742.00
230 SW 13th Avenue MJD Construction $14,926.00
Recommendation:
Staff recommends award to the low bidder, MJD Construction Services,
at a total cost of $51,378.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc: Lula Butler
<6S-(o
'. I.'
,
.
Agenda I tern No. :
AGENDA REQUEST
Request to be placed on: Date: November 9, 1992
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: November 17, 1992
Description of item (who, what, where, how much):
CASEI ADDRESS GRANT AMOUBT
91-044HR 702 SOUTHWEST 1ST STREET $19,710.00
91-053HR 813 SOUTHWEST 11TH TERRACE $16,742.00
91-030HR 230 SOUTHWEST 13TH AVENUE $14,926.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT
AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES
CONTINGENCY.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: ~~ ~~?? -- ~
-------- ----....,.
.{
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available:~NO
Funding alternatives: ~if applicable)
Account No. & Description: lE3QC-3-5 - rbu~~ ~B
Account Balance: m. 9,~{p.l,) . .
I
City Manager Review:
Approved for agenda:~/NO !f7t-t
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
'.
,
.
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR ~.~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~
DATE: NOVEMBER 9, 1992
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
ITEM BEFORE THE COMMISSION
This is to request approval for three Housing Rehabilitation
Grant Awards. This request is in accordance with the City's
Community Development Division's approved Policies and
Procedures.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation
as determined by the low bidder, plus a 5% contingency. The
contingency may be used for change orders. All unused funds
remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community
Improvement's Building Inspection and Community Development
Divisions. Contracts are executed between the building
contractor and the property owner. The City remains the agent
and this office monitors all work performed by the contractor
ensuring compliance according to specifications and program
guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies
and Procedures.
The rehabilitation activity will bring the homes to minimum code
requirements by repairing roofs, electric and plumbing systems
and correcting other incipient code violations. Detailed work
write-ups and individual case file are available for review at
the Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your
reference.
RECOMMENDATION
Staff recommends Housing Rehab Grants be awarded for the
following:
Case# Address Grant Amount
91-044HR 702 SOUTHWEST 1ST STREET $19,710.00
91-053HR 813 SOUTHWEST 11TH TERRACE $16,742.00
91-030HR 230 SOUTHWEST 13TH AVENUE $14,926.00
HR2
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 93-04
-
APPLICANT: RUFUS & MILDRED MARSHALL
APPLICATION #: 91-044HR
PROJECT ADDRESS: 702 SOUTHWEST 1ST STREET
DATE OF BID LETTERS: 10/19/92
DATE OF BID OPENING: 10/29/92
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $
1ST CONSTRUCTION OF PALM BEACHES $
GARY PURR $21,459.00 ALTERNATE $675.00
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $19,785.00 ALTERNATE $840.00
JARED KANE CO., INC. $
MJD CONSTRUCTION SERVICES $18,420.00 ALTERNATE $790.00
MSL CONSTRUCTION, INC. $
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $
ROBERT CHARLES BUILDERS $
SOUTHEAST ARCHITECTURAL ENHANCEMENT $
IN - HOUSE ESTIMATE: $ 18,780.00 INCLUDING ALTERNATE
CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES
BID/CONTRACT AMOUNT: $ 19,210.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
'.
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 93-04HR
APPLICANT: ROOSEVELT MORRIS
APPLICATION #: 91-053HR
PROJECT ADDRESS: 813 SOUTHWEST 11TH TERRACE
DATE OF BID LETTERS: or.'T'o'RF.~ lq. lqq?
DATE OF BID OPENING: OCTOBER 29. 1992
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $
1ST CONSTRUCTION OF PALM BEACHES $
GARY PURR $ 18,236.00 ALTERNATE $829.00
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $17,700.00 ALTERNATE $1,260.00
JARED KANE CO., INC. $
MJD CONSTRUCTION SERVICES $14,945.00 ALTERNATE $1,000.00
MSL CONSTRUCTION, INC. $
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $15,375.00 ALTERNATE $900.00
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $
ROBERT CHARLES BUILDERS $
SOUTHEAST ARCHITECTURAL ENHANCEMENT $
IN - HOUSE ESTIMATE: $ 18,748.00 INCLUDING ATLERNATE
CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES
BID/CONTRACT AMOUNT: $ 15.945.00
COMMENTS: LOW BIDDER
BIDFORM!PGl
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 93-Q.L
APPLICANT: SHIRLEY POWELL MITCHELL
APPLICATION :It: 91-030 HR
PROJECT ADDRESS: 230 SOUTHWEST 13TH AVENUE
DATE OF BID LETTERS: OCTOBER 19, 1992
DATE OF BID OPENING: OCTOBER 29, 1992
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
B & JR CONSTRUCTION $
CSB CONSTRUCTION, INC. $
1ST CONSTRUCTION OF PALM BEACHES $
GARY PURR $14,690.00
GREGORY CONSTRUCTION INC. $
HENRY L. HAYWOOD $
INTERCONTINENTAL CONSTRUCTION CORP $18,205.00
JARED KANE CO., INC., $
~-
MJD CONSTRUCTION SERVICES $14.215.00
MSL CONSTRUCTION, INC. $
M.S.S. CONSTRUCTION $
PRESTON CONSTRUCTION $14,420.00
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $
ROBERT CHARLES BUILDERS $
SOUTHEAST ARCHITECTURAL ENHANCEMENT $
IN - HOUSE ESTIMATE: $ 18,100.00
CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES
BID/CONTRACT AMOUNT: $ 14,215.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
.
.
.. -.
Agenda I tern No. :
AGENDA REQUEST
Date: November 11. 1992
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: NCHTPmhpr 1 7, lClCl2
Description of agenda item (who, what, where, how much): Purchase Award -
40 Trash Container and 48 Two-Way Throw In Lids
ORDlHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Stone Craft Systems Corporation at a total installed
price of $18,744. by competitive quotations in lieu of formal sealed bids.
~ '/Jt(P~
;?o~/9 ~~~.1I/i,/".2.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO
Funding alternatives: (if ~liCable)
Account No. & Des1JaJ..ll:r=Z:Lc,...41ztl-51Z.(OJ-~AIL. - ~-rOG~/NTO~
Account Balance: . 3
City Manager Review:
Approved for agenda: S-;; NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ ~
Administrative Services
FROM: Ted Glas, Purchasing Officer .1ff
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
NOVEMBER 17, 1992 - PURCHASE AWARD
TRASH CONTAINERS
DATE: November 13, 1992
Item Before City Commission:
City Commission is requested to approve the purchase of trash
containers from Stone Craft Systems Corporation at a cost of
$18,744.00. Per the Environmental Services Department, funding
is from: Account #225-4141-572.61-49 (Decade of Excellence -
Beautification - Atlantic Ave.).
Backqround:
Funds are allocated in the FY '92-'93 budget for 40 trash
containers and lids for West Atlantic Avenue.
In the past, the City has purchased a custom-made, stone trash
container for the downtown area from Stone Craft Systems
Corporation. Their price is $339.00 per container and $108.00
per extra lid.
The only other known vendor in the State, Wausau Tile, has
quoted a price of $320.00 per container. However, their charge
would also include a one time charge for the logo and mold
totaling an additional $5,150.00. When added to the base price,
each container will cost $448.75. Wausau Tile cannot supply
two-way lids to fit our existing custom-made containers. Also,
their price does not include delivery or installation (bolting
down in place). Stone Craft's price does include installation.
The Director of Environmental Services has reviewed the
quotations and recommends award to Stone Craft Systems
Corporation, per attached memo.
Recommendation:
Staff recommends award of 40 trash containers and 48 two-way,
throw-in lids to Stone Craft Systems Corporation, at a total
installed price of $18,744.00 by competitive quotations, in lieu
of formal bids. Funding is outlined above.
Attachments
Quotations
Memo from Environmental Services
TG:rab:kwg V;.7
pc: William Greenwood
'"
MEMORANDUM
TO: Ted Glas, Purchasing Officer
FROM: Mark Kilbourne, Superintendent of Streets
THRU: Richard Corwin, Deputy Director of Public wor~
and I/a-
William Greenwood, Director of Environmental Services ~~~
SUBJECT: WASTE RECEPTACLES
DATE: November 13, 1992
Per our discussion on September 15, 1992, could you please
prepare for commission approval a request to purchase forty (40)
concrete waste receptacles with 2-way throw in lids and forty
eight (48) additional 2-way throw in lids to retrofit existing
containers. We have pricing from two vendors which breaks down
as follows:
STONECRAFT OF BOYNTON:
1) 40 new concrete trash receptacles at $339.00 each = $13,560.00
with liner, 2-way lid, cast in logo and installation.
2) 48 additional 2-way throw in lids at $108.00 each = $5,184.00
to retrofit existing containers.
WASSAW TILE:
1) 40 new concrete trash receptacles at $310.00 each = $12,400.00
40 cast in logo at $10.00 each = . S400.00
One time logo set up fee ($150.00 divided by 40 cans) $150.00
or $3.75 each. .
One time mold charge ($5,000.00 divided by 40 cans) $5,000.00
or $125.00 each. $17,950.00
2) 48 2-way throw in lids not available from vendor. -0-
Stonecraft has held pricing from our last order approximately 3
years ago and has also included installation of the receptacles.
Stonecraft is the recommended vendor due to lower cost per
container. Ability to provide 2-way throw in lids and
installation is included and funding is available in account
#225-4141-572-61.49.
If you have any questions, please call me at extension 7339.
7// I // ,/ ../
1/ lo/'/ //i. f'li/....~!('~.-,e
Mark A. Kil ourne
Superintendent of Streets
MAK/ lam
REF: MKTGWR2.DOC
cc: Robert Barcinski, Assistant City Manager
File: Memos to Purhcasing
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {!lv1
SUBJECT: AGENDA ITEM i Cf A - MEETING OF NOVEMBER 17. 1992
REPORT OF APPEALABLE LAND DEVELOPMENT ACTIONS
DATE: November 13, 1992
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period October
26, 1992 through November 13, 1992. The following actions were
considered during this reporting period:
Site Plan Review and Appearance Board:
-Approved the architectural elevation plan associated with a
modular building addition at the Sherwood Pontiac Dealership.
-Approved the site plan (4-1 vote) and the landscape plan (5-0
vote) associated with the construction of a Wendy's Restaurant;
approved a reduction of required parking spaces from 38 to 30;
and recommended approval of a request for waiver of the 5 foot
perimeter landscaping requirement.
-Approved the site, landscape and architectural elevation plans
associated with the construction of a Taco Bell restaurant.
Historic Preservation Board:
-Granted a Certificate of Appropriateness in conjunction with
construction of a perimeter fence at 305 S.E. 7th Avenue,
The Planning and Zoning Board did not hold a regular business meeting
during this reporting period.
.,
,
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~1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (/ DAVID T. HARDEN,. CITY MANAGER
\" ~)~J ~UQ(yd----
THRU: ~~ J. KOVACS, DIRECTOR
}E ARTMENT OF PLANNING AND ZONING
ao//U~~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF NOVEMBER 17, 1992
REPORT OF APPEALABLE LAND USE ITEMS
OCTOBER 26, 1992, THRU NOVEMBER 13, 1992
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of October 26, 1992, through
November 13, 1992.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
Ci ty Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the city Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
,
,
City Commission Documentation
Report of Appealable Land Use Items
October 26, 1992 thru November 13, 1992
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF NOVEMBER 4,
1992: :
A. Approved the architectural elevation plan associated with
a modular building addition at the Sherwood Pontiac
Dealership, which is located on the wes t side of Federal
Highway, north of Avenue F (Vote 4 to 0). The associated
site plan changes will be approved administratively as a
non-impacting modification.
B. Approved the site plan (on a 4 to 1 vote) and the landscape
plan (5 to 0 vote) associated with the construction of a
3,126 sq. ft. Wendy's fast food restaurant within the Boca
Rey Plaza, which is located at the southeast corner of
Linton Boulevard and Military Trail. With re~ect to the
architectural elevation plan, the Board forwar the item to
the City Commission for action since positive findings of
compatibility with respect to scale could not be made. The
architectural elevation plan is scheduled as a separate
agenda item. Pursuant to LOR Section 4.6.9(C)(g) the Board
approved a reduction in the required parking spaces from
from 38 to 30 in that the shopping center has 63 "surplus"
parking spaces which is available to this site via an
easement agreement. Also, the Board recommended that the
City Commission waive the required 5' perimeter landscape
strip along the east property line which is internal to the
shooping center.
C. Approved the site plan, landscape plan and architectural
elevation plan associated with the construction of a 2,215
sq. ft. Taco Bell restaurant within the D.B.O. Acres
subdivision, which is located at the southeast corner of
Linton Boulevard and SW 4th Avenue. Both the site and
landscape plans were approved unanimously, however the
architectural elevation plan was approved on a 4 to 1 vote
with Oster dissenting.
No other item which required action was considered by the Board.
HISTORIC PRESERVATION BOARD MEETING OF NOVEMBER 4, 1992
1. Granted a Certificate of Appropriateness in conjunction
with construction of a perimeter fence for a single family
residence at 305 SE 7th Avenue (Vote 5 to 0).
No other item which required action was considered by the Board.
.,
City Commission Documentation
Report of Appealable Land Use Items
October 26, 1992 thru November 13, 1992
Page 3
PLANNING AND ZONING BOARD MEETING: No Regular Business meeting
was held during this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
,
LOCATION MAP FOR
CITY COMMISSION MEETING
OF NOVEMBER 17, 1992
L-JO CANAL
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L-51 CANAL
H.P.B. ITEMS: S.P.R.A.B. ITEMS:
1. - 305 S.E. 7TH AVENUE A. - SHERWOOD PONTIAC
B. - WENDY'S 0 BOCA REV PLAZA
C. - TACO BELL 0 DBO ACRES
N
-
CITY OF DELRAY BEACH. flORIDA
PLAMMIMC DEPAR1\lENT
"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1Jt;1
SUBJECT: AGENDA ITEM i 1-8 - MEETING OF NOVEMBER 17. 1992
APPROVAL OF ARCHITECTURAL ELEVATIONS AND WAIVER REOUESTI
WENDY'S RESTAURANT
DATE: November 13, 1992
The Site Plan Review and Appearance Board at their November 4, 1992
meeting approved the site and landscape plans associated with the
construction of a 3,126 square foot Wendy's fast food restaurant on an
outparcel of the Boca Rey Plaza located on the south side of Linton
Boulevard east of Military Trail, However, the Board was unable to
make a positive finding with respect to compatability of the
architectural elevation plan and therefore, this item is before you
for action.
Section 4.6,18 of the LDRs states that outbuildings within shopping
centers shall be compatible in terms of color, materials and
architectural styles. The elevations for Boca Rey Plaza consists of a
terra cotta barrel tile roof with a combination of pink stucco and
grey tile facades. The proposed architectural elevations for Wendy's
consist of brick veneer wi th a split face concrete accent band. The
colors are terra cotta brick color with red and green accents.
The LDR's further state that should the SPRAB determine that there is
an incompatibility, then it shall deny the elevations. However, if
the Board feels, despite the incompatibility, that the elevations
should be approved, the application shall be forwarded to the
Commission for final action. The consensus of the Board was that
while Wendy's elevations are not of the same style of architecture as
the other structures in the plaza, they will not conflict with the
style of the center. Th us, at their November 4th meeting, the Board
recommended that the elevation plan be approved by the City
Commission subject to the condition that a brick wall be provided
around the refrigerator to screen the mechanical equipment.
Additionally, the applicant is requesting a waiver of the Landscape
Code which requires a five foot perimeter landscape strip along the
southeast property line, measured from the property line. This
development is located within an existing shopping center, with
property lines abutting interior access aisles and shopping center
parking. Eight of Wendy's parkings spaces are designed to take access
immediately off of the aisleway. In order to implement this design,
the parking spaces must traverse the property line; therefore, the
Site Plan Review and Appearance Board recommended approval of the
waiver request.
Recommend approval of the elevation plan for the Wendy's Restaurant at
the Boca Rey Plaza, subject to the conditions as recommended by the
Site Plan Review and Appearance Board; and waive the requirement for a
five foot landscape buffer along the southeast property line.
,
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~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (c:J T.HARDEN, CITY ~AGER
\ o;J)~U~C
THRU: "'-DAVID J. K VACS, r>IREC OR -
~DEPARTME~ OF PLANNING AND ZONING
\~ '\'~-, I 'd",,~
.\__ -, \A.",IL-- . ---~cr"n\)'^'\~l
FROM: DIANE DOMINGUEZ, PLANNER III
SUBJECT: MEETING OF NOVEMBER 17, 1992 ..-. ~:..-"
',.
CONSIDERATION OF ARCHITECTURAL ELEVATIONS AND
PERIMETER LANDSCAPE WAIVER FOR WENDY'S AT BOCA
REY PLAZA
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of architectural elevations and a landscape waiver
associated with a proposed Wendy's restaurant.
The project is located within an outparcel of the Boca Rey
Plaza (also known as Linton Oaks Square), on the south side
of Linton Boulevard, just east of Military Trail.
BACKGROUND:
This particular outparcel within the Boca Rey Plaza has a
somewhat complicated history, which is detailed in the first two
pages of the attached staff report. In brief, it is one of
three outparcels in the plaza, two of which have already been
developed (one as a gasoline station and one as a bank) . In
1988 the site was designated by the City Commission for use as a
restaurant. A site plan for a Pizza Hut was subsequently
approved, but the restaurant was never built. On November 4,
1992, the Site Plan Review and Appearance Board approved a site
plan for a Wendy's restaurant and drive-thru on this last
remaining outparcel. Associated with that site plan is a
request for a waiver of a section of perimeter landscaping, and
approval of the restaurant's architectural elevations as they
relate to the Boca Rey Plaza. Those items require action by the
City Commission, and are further described below.
Perimeter Landscape Waiver
LDR Section 4.6.16(H)(3)(f) requires that a 5' landscape strip
,
,
city Commission Documentation
Wendy's at Boca Rey Plaza
page 2
be provided around the perimeter of a development, measured from
the property line. This development is located within an
existing shopping center, with property lines immediately
abutting interior access aisles and shopping center parking.
Eight of Wendy's parking spaces are designed to take access
immediately off of the aisleway (see attached site plan). This
design is consistent with the parking arrangement throughout the
center, and is similar to the design of the original master
development plan for the center and its outparcels. A cross
access/parking agreement exists between the plaza and the
outparcels to allow for shared parking and movement among the
various properties.
In order to implement this design, the parking spaces must
traverse the property line, and the landscape buffer must be
moved to the interior of the property. The 5' buffer will be
provided between the parking spaces and the escape lane for the
drive-thru window. The deletion of the buffer at the property
line necessitates a waiver.
Architectural Elevations
The Boca Rey Plaza is zoned PC, Planned Commercial. The
development standards for this district require that any
free-standing structure be architecturally compatible with other
structures in the center, pursuant to LDR Section 4.6.18,
Architectural Elevations and Aesthetics. That section reads as
follows:
(a) Rule: Outbuildings within a shopping center shall
be compatible in terms of color, materials, and
architectural style.
(b) Procedure: The Site Plan Review and Appearance Board
shall make a finding of such compatibility prior to
approval of outbuilding elevations. If the Board
determines that there is not compatibility with
respect to any of the items, then it shall deny the
elevations. However, if the Board feels, despite the
incompatibility, the elevations should be approved,
they shall forward the elevations to the City
Commission with a recommendation of approval and the
City Commission shall take final action.
The proposed elevations for Wendy's include a brick veneer
facade with a split face concrete accent band. The color of the
facade is to be beige with red and green accents. The
elevations of the Boca Rey Plaza consist of a terracotta barrel
tile roof with a combination of pink stucco and grey tile
facades. The gas station and bank building have a grey facade
with a white facia.
,
city Commission Documentation
Wendy's at Boca Rey Plaza
Page 3
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
The Site Plan Review and Appearance Board formally reviewed
the site plan, landscape plan, and architectural elevations for
this project at its meeting of November 4, 1992. The Board
voted 4-1 (2 members absent, Oster dissenting) to approve the
site plan, and voted 5-0 to recommend to the City Commission
that the landscape waiver be granted for the perimeter buffer
along the southeast property line. The Board deferred final
action on the landscape plan until the meeting of November 18th.
Regarding the architectural elevations, the consensus of the
Board was that while Wendy's elevations are not of the same
style of architecture as the other structures in the plaza, they
will not conflict with the style of the center. The Board voted
5-0 to forward the elevations to the City Commission with a
recommendation of approval and a condition that a brick wall, be
provided around the refrigerator high enough to screen the
mechanical equipment.
RECOMMENDED ACTION:
By motion, take the following actions:
1) Approve the waiver of the 5' perimeter landscape
buffer along the southeast property line; and
2) Approve the architectural elevations for Wendy's at
Boca Rey Plaza pursuant to SPRAB recommendation.
Attachment:
* SPRAB staff report
DD/T:CCWENDYS.DOC
I
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P'LA'NNING & ZONING BOARD
CITY OF DELRA Y BEACH . --- STAFF REPORT ---
MEETING DATE: November 4, 1992
AGENDA ITEM: IV.A.
ITEM: Wendy's at Boca Ray Plaza - Site Plan, Elevations & LandscapinR Associated
with a Fast Food Restaurant
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GENERAL DATA:
Contract Purchaser............Wendy.s International, Inc.
Applicant.....................Eduardo Carache
CKE Group, Inc.
Location......................South side of Linton Boulevard,
east of Military Trail.
Property Size.................O.77 acres
city Land Use Plan............General Commercial
City Zoning...................PC (Planned Commercial)
Adjacent Zoning.........North: PC
East: PC
South: PC
West: PC
Existing Land Use.............Vacant.
Proposed Land Use.............Establish fast-food restaurant
with drive-up window.
Water Service.................A 6" water main runs along the
southwest and southeast sides of
the property.
Sewer Service.................An 8" sewer main runs to the east
of the property. IV.A.
,
.
I T E M B E FOR E THE BOA R D:
The item before the Board is that of approval of the following
elements as they pertain to a site plan for Wendy's Restaurant at
BocaRay Plaza (aka Linton Oaks Square):
/'
* site plan;
* elevations;
* landscape plan
The subject property is located east of Military Trail, on the
south side of Linton Boulevard.
B A C K G R 0 U N D :
In March of 1985, the BocaRay Plaza was annexed into the City.
At that same meeting, the City Commission approved the following
items:
* an amendment to the land use plan, changing the designation
from single family to commercial;
* a site plan for a 69,640 sq. ft. shopping center with 3
out-parcels. The out-parcels were approved for a restaurant
on Parcel B, a gasoline station on Parcel C and a bank on
Parcel D. A condition of approval required the out-parcel
buildings to be architecturally compatible with the main
shopping center building;
* a conditional use to establish a gasoline station on Parcel
C.
In November of 1985, a site plan modification was approved to
accommodate the development of the Mobile gasoline station on
Parcel C.
In October of 1985, a submission was made for a bank located on
Parcel B, which was shown on the master plan as the restaurant
site. The site plan had numerous technical problems. The
applicant never re-submitted plans. addressing those comments,
thus, no action was taken on that plan.
In October of 1986, administrative relief was granted to allow
multiple use of parking within the shopping center. At that
time, parking was calculated for each type of use in the center
and not on an overall square footage basis. This relief was
granted to allow the addition of a restaurant in the main
building of the center.
"
SPRAB Staff Report
. Wendy's Restaurant at BocaRay Plaza
Page 2
In February 1988, the Planning and Zoning Board considered a
minor site plan modification to change Parcel B from the
designated restaurant use to a financial institution (NCNB). The
Board denied the request based on numerous site plan
deficiencies, and the fact that Parcel D had already been
approved for a bank.
It was identified with the review of this project, that it
may be difficult to develop a restaurant on Parcel D, due to the
smaller size of the parcel, the ability to provide the required
number of parking spaces, and that it accommodated a 25' LWDD
easement. The applicant appealed the Board's decision to the
City Commission and received 'approval on March 8, 1988. The
development has been constructed.
In November of 1989, the City Commission approved a 3,220 sq. ft.
Pizza Hut on Parcel D subject to conditions. That approval was
valid for 18 months. The period has been exceeded and that site
plan is now void.
BocaRay Plaza was formerly zoned GC (General Commercial), but was
rezoned to PC (Planned Commercial) in October 1990 with the
Citywide rezoning, and the adoption of the LDR'S. Wi thin the PC
zone district, special development standards are required. In
particular, there is a requirement that any free standing
structure have a minimum floor area of 6,000 sq. ft. , and that
the first 10' of the front yard setback area (abutting the
property line) shall'be landscaped.
When a request was made to construct a 3,100 sq. ft. Wendy's on
Parcel D, the Planning Director determined that the subject
parcel was vested as a restaurant site, because of development
which has occurred elsewhere in the shopping center. The vesting
would allow a building square footage less than what is required
by code. However, the new site plan must closely relate to the
previously approved Pizza Hut site plan.
Staff had a concern regarding the drive-through window which
faced Linton Boulevard and the ability to provide sufficient
landscaping to buffer the negative impact. It was suggested that
prior to a formal submittal, the applicant review the proposal
with the Site Plan Review and Appearance Board.
At its meeting of August 5, 1992, the Board reviewed the
preliminary development proposal. In general, the Board felt
that the site plan could work with some minor modifications and
recommended that the drive-through window and aisle be screened
with mid-level landscape material. The site plan is now before
the Board for final action.
.,
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SPRAB Staff Report
Wendy's Restaurant at BocaRay Plaza
Page 3
D EVE LOP MEN T PRO P 0 S A L :
The development proposal is to construct a 3,126 sq. ft. Wendy's
fast food restaurant, parking and its associated landscaping.
The applicant is requesting a reduction in parking from 38 spaces
to 30 spages. Of those 30 spaces, 8 take access from the adjacent
off-site driveway. There are 3 points of ingress/egress to the
site, which are internal to the shopping center.
SIT E P LAN A N A L Y S I S:
Pursuant to Section 3.1.1 of the Land Development Regulations,
prior to approval of development applications, certain findings
must be made in a form which is part of the official record.
This may be achieved through information on the application, the
staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings
relate to the following our areas:
Future Land Use Map: The use structures must be allowed in the
zoning district and the zoning district must be consistent with
the land use designation.
The zoning for the subject property is PC (Planned Commercial),
which is consistent with the land use designation of General
Commercial. Fast food restaurants are allowed as Permitted Uses
in the PC (Planned Commercial) zoning district.
Concurrency: Facilities which are pro v ided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service as established within
the Comprehensive Plan.
Water:
Water is available to the site via an 8" water main located
along the west property line. A 1 1/2" service lateral is to be
extended from the 8" main to the building. There is an existing
fire hydrant located at the southeast corner of the site. The
proposed configuration of the parking will necessitate the
relocation of this fire hydrant to the south, adjacent to the
ingress/egress point.
Sewer:
Sewer service is provided via a 6" lateral extension from the
existing 8" sewer main serving the overall plaza. This service
lateral is stubbed-off at the northeast corner of the site and
will be extended to the building for service.
,
SPRAB Staff Report
Wendy's Restaurant at BocaRay Plaza
Page 4
A 25' utility easement runs north and south along the east side
of the shopping center, but does not abut the property line. An
extension of that easement has been provided to the east for
future water connections, however, it is not wide enough to
accommodate both a water and sewer main. Thus, an additional 15'
utility easement is necesary in order. to accommodate future
connections for sewer. '1'he easement will need to be situated at
the southeast corner cf the shopping center from Manhole 16
heading east to the property line. This easement will be located
off-site, and must be obtained from the shopping center owners.
Drainaqe:
Drainage is accommodated via an exfiltration trench system. Thus
all drainage will be retained on site.
streets and Traffic:
A traffic impact study was conducted for Wendy's pursuant to Palm
Beach County Traffic Performance Standard Ordinance 190-40. A
total of 1,284 trips will be generated daily for this use. The
previous Pizza Hut site was vested for 562 trips, thus a net of
722 trips will be generated. The study concludes that this
development proposal meets Test 11 and 12, therefore meets
traffic concurrency. However, since there is an excess of 1,000
gross trips daily, Palm Beach County will be the final approving
body.
Parks:
Park dedication requirements apply for new residential
development only, thus they do not apply to this commercial
development.
Solid Waste:
The impact of solid waste from this development is fairly minimal
as it relates to all of Palm Beach County. Currently re-cycling
for this type of use is not mandatory, however it may be
appropriate at this stage to delineate an area for re-cycling
bins.
ConSistency:
Pursuant to Section 3.3.1 (Basis for Determining ConSistency),
the performance standards set forth in Section 3.3.3 (Standards
for Site Plan Actions) along with compliance to Section
2.4.5(F)(S)(General Compatibility and Harmony with Adjacent
Properties) shall be the basis upon which a finding of overall
conSistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.3 and other policies which apply are as
tollows:
,
,
SPRAB Staff Report
Wendy's Restaurant at BocaRay Plaza
Page 5
Standards for Site Plan Action:
A) Building design, landscaping, and lighting (glare) shall be
such that they do not create unwarranted distractions or
blockage of visibility as it pertains to traffic
circulation. (Traffic Element C-l.2)
./"
The building, landscaping and lighting have been designed in such
a way that they do not create any unwarranted distractions as
they relate to traffic circulation.
B) Appropriate separation of travelways is made for vehicles,
bicycles, and pedestrians in a manner consistent with
objective D-l of the Traffic Element.
Appropriate pedestrian and vehicular separation has been
provided on site along with a bicycle rack located near the
front entrance.
C) Open Space Enhancements.
Open space enhancements do not apply to this development
proposal.
D) That any street widening associated with the development
shall not be detrimental upon desired character and
cohesiveness of affected residential areas. (Housing Element
A-S.l)
This development standard does not apply.
E) Development of vacant land which is zoned for residential
purposes shall be planned in a manner which is consistent
with adjacent development regardless of zoning designations.
(H C-2.4) (CM C-3.1)
This development standard does not apply.
F) Vacant property shall be developed in a manner so that the
future use and intensity are appropriate in terms of soil,
topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining
land use needs. (LU A-l)
The site has been cleared, filled and graded with the development
of the overall shopping center. Thus, the future use and
intensity are appropriate in terms of soil and topography. The
use is complementary to adjacent land uses, as it is part of a
planned commercial development. A fast food restaurant helps to
fulfill land use needs in the western portion of the City.
G) Demographic Mixture.
This standard does not apply.
.,
,
SPRAB Staff Report
Wendy's Restaurant at BocaRay Plaza
Page 6
Comprehensive Plan policies: A review of objectives and policies
of the adopted Comprehensive Plan was conducted and no
applicable policies were found.
Section 2.4.5(F)(5) Site Plan Findings:
Pursuant to Section 2.4.5(F)(5) (Findings), in addition to
provisicns of Chapter Three, the approving body must make a
finding that development of the property pursuant to the site
plan will be compatible and harmonious with the adjacent and
nearby properties and the City as a whole, so as not to cause
substantial depreciation of property values.
The proposed Wendy's is part of an overall planned commercial
development, and is the last site in the BocaRay Plaza to be
developed. The site plan is consistent with the approved master
plan and will be compatible and harmonious with the adjacent and
nearby properties.
Compliance with Land Development Regulations:
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a
land development application/request.
Parking: Pursuant to Section 4.6.9(C)(3)(d), restaurants shall
provide 12 spaces per 1,000 sq. ft. of floor area.
Based on 3,126 sq.ft of floor area for Wendy's, 38 parking spaces
are required by code, however only 30 spaces have been provided.
The applicant is requesting a reduction of 8 parking spaces
pursuant to Section 4.6.9(C)(1)(g).
The above referenced Section states that if upon receipt and
acceptance of special documentation, it is conclusively
demonstrated that the number of parking spaces required for a
specific use is appropriate of its application to a specific
site, the body which acts on the attendant site plan may reduce
the parking requirements accordingly.
In October of 1985, a Shopping Center Easement Agreement was
recorded, which states that "all businesses operating within the
Total Property (BocaRay Plaza) will have the use of and mutual
benefit from common parking, and access over and across all paved
drives and parking areas...".
This easement allows the use of the shopping center parking by
patrons of the out-parcels, and vice versa. The shopping center
is required to provide 197 spaces, and 260 spaces are available,
leaving a "surplus" of 63 spaces. Based on the existence of the
easement agreement and the additional parking spaces, staff feels
the reduction of eight spaces on the out-parcel is reasonable.
,
,
SPRAB Staff Report
Wendy's Restaurant at BocaRay Plaza
Page 7
The parking spaces located along the eastern property line take
access from the adjacent off-site driveway. This type of parking
configuration is not allowed per code as the required 5'
perimeter landscape strip cannot be accommodated [REF:
4.6.16(H)(3)(f)). The applicant has provide the 5' strip at the
head ,of the parking spaces on the interior of the site, however,
this arrangment will require a waiver to the perimeter landscape
section.
Staff supports the waiver request, as the 5' landscape buffer has
been provided interior to the parking spaces, thus the intent of
the code has been met. Also, this type of parking configuration
was approved on the master plan for Tract B when it was the
restaurant site.
Setbacks: The building meets all setback requirements within the
PC zone district.
Screens and Buffers: The pick-up window for Wendy's is located
along Linton Boulevard. There was some concern regarding the
ability to provide adequate landscape buffering to screen the
window. The Board discussed this item with the applicant at a
preliminary review and requested that mid-level landscape
material be provided. This item is further discussed under the
Landscape Analysis.
Building Height: The maximum building height allowed in the PC
zone district is 4S'. The proposed building height to the top of
the flat roof is IS'.
TECHNICAL ITEMS:
While the revised site plan has accommodated most of the staff
concerns the following items remain outstanding:
1- Provide paving and drainage details to conform to the City
of Delray Beach Standard Details.
2. Revise exfiltration trench calculations to support plan
design.
3. Provide detailed cross-section of exfiltration trench.
4. The details on Page C-4 do not meet stated requirements of
Page C-l.
5. Provide a typical parking lot striping plan. One is
provided for the handicap parking spaces, however does not
show compact parking spaces and the required double striping
detail.
,
SPRAB Staff Report
Wendy's Restaurant at BocaRay Plaza
Page 8
LAN D SeA P E A N A L Y S I S .
.
Staff had some concerns regarding this development's ability to
meet landscape requirements. Along Linton Boulevard a special
30' landscape area is required [REF: 4.3.4(H)((6)(b)}. However,
within the first 30' of this property. is a 25' LWDD easement.
The LWDD generally does not permit landscape material to be
planted within its easements. To complicate matters, the pick-up
window is located adjacent to this area and requires special
buffering. Prior to the applicant making a formal submission, it
was suggested that the SPRAB review the proposal. The Board
reviewed this item at their August 5th meeting and endorsed the
concept with the condition that mid-level landscape material be
provided adjacent to the drive-up window.
The landscape plan indicates that trees are to be installed 15'
on center within the 5 ' landscape area adjacent to Linton
Bolevard. Flowering trees are to be located between the shade
trees in this area along with a wax myrtle hedge. Around the
balance of the site shade trees and shrub material is to be
provided. It is recommended that additional mid level plant
material be provided around the foundation of the building.
Also, additional groundcover material should be utilized in the
small sodded areas to reduce maintenance and water consumption.
Landscape Technical Items:
1- Pursuant to Section 4 .6.16 (H)( 3)( i) all landscape islands
shall have a minimum dimension of 5'. The island adjacent
to the accessway on the east side doe not meet this
requirement where the parking space abuts the radius.
Revise plans accordingly.
2. The landscape calculations are incorrect for the following
items, interior pervious area required, interior shade trees
required, and perimeter trees required. Provide revised
calculations as appropriate.
ARC HIT E C T U R A L E LEV A T ION S .
.
The proposed architectural elevations for Wendy's are the same
elevations that were approved with the Wendy's at DBO acres. The
building materials are to be a brick veneer along with a split
face concrete accent band. The colors are to be a terracotta
brick color with red and green accents. The elevations appear to
be consistent with the balance of the shopping center.
Review by Others:
The development proposal is not in a geographic area requiring
review by either the HPB (Historic Preservation Board) , DDA
(Downtown Development Authority), or the CRA (Community
Redevelopment Agency).
,
,
SPRAB Staff Report
Wendy's Restaurant at BocaRay Plaza
Page 9
Special Courtesy Notices were sent to the following people:
* Norma and Carolyn Blood * Jim Goggin
4482 Snaderling Lane 2727 Arelia Drive S
Boynton Beach, Florida Delray Beach Florida
Shadywoods Homeowners Ermino /-
* * P.
4500 Shadywoods Lane 4422 Germantown Road
Delray Beach, Florida Delray Beach, Florida
* Saul Weinberger * Brand Friend
4645 White Cedar Lane 5292 Town Center Road
Delray Beach, Florida Boca Raton, Florida
* Gordon Merle
3100-3412 Spanish Wells Drive
Delray Beach, Florida
ASS E SSM E NT:
The proposed Wendy's site and development plans closely relate to
the previously approved Pizza Hut plans and are consistent with
the Master Site Plan for the Boca-Ray Plaza. The applicant is
requesting that a reduction in parking be granted by this Board
along with a recommendation to the City Commission to waive the
5' landscape strip along the east property line. The landscape
plans meet the intent of the code, however it is recommended that
additional mid-level landscape material be provided around the
foundation of the building along with additional groundcover
material. The architectural elevations are consistent with the
balance of the shopping center and are typical for a Wendy's fast
food restaurant.
A L T ERN A T I V E ACT ION S :
1- Continue with direction.
2. Approve the site plan, elevations and landscape plan subject
to conditions.
3. Deny approval of the site plan and development plans with
reasons stated.
R E COM MEN D E D ACT ION :
By Separate Motions:
Reduction in Parking:
1- Grant the request to reduce the parking requirements by
eight spaces based upon the special documentation provided
along with the other reasons stated herein.
.,
,
SPRAB Staff Report
Wendy's Restaurant at BocaRay Plaza
Page 10
Waiver:
1. Recommend to the city Commission approval of the waiver
request to eliminate the 5' landscape strip along the east
property line based on the reasons stated herein.
Site Plan:
1. Approve the site plan based upon positive findings pursuant
to Section 3.1.1 (Required Findings and Section 3.3.3
(Standards for Site Plan Actions) subject to the following
conditions:
a. That the off-site utility easement be obtained from the
shopping center owners prior to building permit
submittal.
b. That Technical Items 1-5 be addressed prior to
building permit submittal.
c. The Board's disposition on the requirement for a
re-cycling area.
2. A:?prove the landscape plan based upon positive findings
pursuant to Section 4.6.16 subject Technical Items 1 and 2
be addressed prior to building permit submittal.
3. Approve the . architectural elevations based upon positive
findings pursuant to Section 4.6.18.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJJtI
SUBJECT: AGENDA ITEM i q~ - MEETING OF NOVEMBER 17. 1992
DECLARATION OF AN EMERGENCY AND WAIVER OF CODE PROVISIONS
DATE: November 13, 1992
This item is before you to consider declaring an emergency and waiving
the provisions of Chapter 101, "Parks, Beach and Recreation", Section
101.32, "Assemblies" to permit the assembly of approximately 200
people on the Municipal Beach on Thursday, November 26, 1992.
We have received a request from Aimee C. Allard to hold a "loving
action" on the Municipal beach. This is the second year that we have
received a request for this event, It involves spelling out "Love
Earth" using approximately 200 human bodies to form the letters.
Because of the short-notice involved, the Commission must declare this
item an emergency in order to waive the provisions of Section
101.32.
Recommend the Commission declare an emergency and waive the provisions
of Section 101.32 to allow the assembly of approximately 200 people on
the Municipal Beach on Thursday, November 26, 1992,
.
i
1(: t'-~-''''C,'''
[IT' DF DELIA' BEA[H
100 N.W. 1st AVENUE . DEL.RAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM FU2CEIVED
NOV 6 1912
CITY MA
TO: David Harden NAnr:Q'S
. OFFICE
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Public Awareness Event
DATE: November 6, 1992
Attached is a request from Aimee Allard requesting City approval for
having an event in which human bodies spell "Love Earth" on the beach
on Thanksgiving day. This event was done last year with no apparent
problems.
r do not have a problem with this, but Section 101.32 ("Assemblies") of
the Parks, Beach and Recreation Ordinances prohibits assembly of more
than 25 people in any park, recreation or municipal site. r would
recommend this go to City Commission for their approval and to waive
the aforementioned section of the Ordinance.
~Q
Parks and Recreation
Attachment
JW:cp
Ref:lovearth
THE EFFORT ALWAYS MATTERS
.,
,
~ ~ 6# 1) If' - 11-5-92
To: Joe Weldon. The City Manager would like a
IfE- 111--------- --- staff report and recommendation from you
~ re this request. Please return all to me.
;;P:~~ ~:r ~ Thanks. Selma
~--~~ ien
~u _' _-Jer
Delray Beach, PI.
Aimee "Sunshine" Allard
525 Sunset Road
Boynton Beach, PI.
Mr. Harden,
I would like to request the City Commissions
permission to repeat the "Love On The Beach" public
awareness event for the second year 1n a row.
This event entailed, if you remember, -the spelling
out of "LOVE EARTH" in human bodies, on the Delray Public
Beach on Thanksgiving Day.
I would like to state, for the record, that last
years event came off without a single problem, (parking,
traffic, or otherwise!) As with last year, we expect the
entire event to last no more than one hour.
I would also like to take this opportunity to thank
..
you and the entire City Commission for your support last
year.
If you have any questions, please feel free to
contact me at 407-734-6739.
Thank you in advance for your consideration 1n this
matter.
Sincerely,
Aimee "Sunshine" Allard
(~ if'r'---+L- 17~!)
.~
..
. . .
November 20, 1991
Dear Mr. Harden,
I would like to express my gratitude for your part in the
City Commission I decision to waive the ordinance against
s
organized gatherings on the City Beaches for our "loving
action " planned for 12:00 November 28, 1991
noon on
(Thanksgiving Day) .
-
,
Details of the event are as follows:
Approximately 200 people will be involved directly.
"LOVE EARTH" will be spelled out on the beach,
using human bodies to form the letters.
Our purpose 1.8 to give thanks for our beautiful,
one of a kind planet.
The event 1.S expected to take approx. one hour.
Organizational teams as well as clean up teams have
been formed, to 1nsure nothing, but footprints, 1.S
- left behind!
Car pooling 1.S being suggested to participants in
hopes of preventing any parking problems.
Please feel free to contact me for any further information,
Sincerely,
Aimee C. "Sunshine " Allard
525 Sunset Road
Boynton Beach, PI. 33435
407-734-6739
(~f\ ~ fWl\6~ 1wv) i
.,
,.
CI(
t'Y>t1
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st ,\\'FNUE . DELRAY BEACH, FLORIDA 33444
FACSlt\lILE 407i2784755
Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: November 12, 1992
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Property Acquisition for the Master Booster Pump
Station From FEC Railroad; Our File #01-92.016
The City Attorney's Office has successfully negotiated with the
FEC Railroad for the acquisition of the property described in
the attached Contract for Sale and Purchase. This property
represents approximately 60% of that need for the construction
of the Master Booster Pump Station. The remainder of the
Pump Station property is owned by the Elks Club and is being
pursued through an eminent domain action.
The purchase price for the FEC property is $40,000.00. Bob
Banting had appraised the property for $40,000.00. The closing
will take place by mail on or about December 4, 1992.
The City Attorney's Office does recommend the acquisition of
the property for the Booster Station as described under the
terms of the contract attached hereto.
Along the length of the block the FEC Railroad also owns an
excess 50' strip which is adjacent to their railroad
right-of-way that they would be willing to sell the City. This
would be in addition to and separate from the property to be
conveyed by this Contract for Sale and Purchase. This property
could be used for parking purposes or possibly by the CRA to
offer to the adjacent businesses for those businesses'
expansion purposes. The FEC has indicated a willingness to
accept $5.75 per square foot, which is equivalent to the price
per square foot of the Booster Station property. The 50' strip
runs the length of the entire block and I would suspect that
the value of that remaining 23,750' is slightly less than the
Booster Station property because of its access limitations. If
there is an interest on the part of the City or the CRA to
pursue acquisition of the strip, it would be appropriate to
place that matter on a future workshop or regular meeting for
discussion.
~E
,
Memo to City Commission
November 12, 1992
Page 2
Should you have any further questions regarding this matter,
please do not hesitate to contact our office.
JSK: jw
cc: David Harden, City Manager
Bill Greenwood, Director of Environmental Services
Joe Safford, Director of Finance
booster7.jsk
'.
.
.... .._.~__4_.___" .__ _. ~ . .._.....-_~.
CONTRACT FOR SALE AND PURCHASE
This contract shall be effective as of the day of
, 19____ and is between FLORIDA EAST COAST RAILWAY
COMPANY, a Florida corporation, address being P.O. Drawer 1048,
st. Augustine, FL 32085-1048 (PH: 904-826-2269), hereinafter called'
SELLER, and CITY OF DELRAY BEACH, a Municipal corporation, address
being 200 N.W. 1st Avenue, Delray Beach, Florida 33444, hereinafter
.called PURCHASER.
WIT N E SSE T H:
For and in consideration of the mutual promises and covenants
herein contained, the parties hereto agree as follows:
1. LEGAL DESCRIPTION: The SELLER hereby agrees to sell to
the PURCHASER, and the PURCHASER hereby agrees to purchase from the
SELLER, upon the terms and conditions hereinafter set forth, that
certain real prhperty located in sections 16, Township 46S, Range
43E, Palm Beach County, Florida, more particularly described in
Exhibit "A" attached and by reference made a part hereof.
2. EXCEPTIONS TO TITLE: The SELLER's ti tle to the real
property to be conveyed is subject to the following: .
(a) Taxes for years subsequent to the year prior
to closing.
(b)---appliCable zoning and other governmental
regulations.
(c) Reservations, easements, dedications or
limitations of record.
3. PURCHASE PRICE: The purchase price shall be the sum of
Forty Thousand Dollars ($40,000.00).
4. TIME FOR ACCEPTANCE: PURCHASER shall have 15 days from
the day SELLER executed the contract to execute this contract or
SELLER'S offer shall be null and void. The date of contract, for
purposes of performance, shall be the effective date.
5. EVIDENCE OF TITLE AND DEFECTS: PURCHASER agrees, at its
sole option and expense, to obtain within 30 days from the effec-
tive date, a title guarantee commitment Showing SELLER'S title to
be good, marketable and/or insurable. In the event title shall not
be found good, marketable and/or insurable, SELLER agrees to use
reasonable diligence to make the said title good, marketable and/or
Page 1 File: 317-14
'.
~-~--_._._.. - -,. ~...._...._-
insurable and shall have 30 days to do so, but if after reasonable
diligence on its part, said title shall not be made good,
marketable and/or insurable within 30 days, the down payment paid
under this Contract shall be returned to PURCHASER and the
PURCHASER and SELLER shall be released from all obligations
hereunder to each other or PURCHASER may elect to close and accept
conveyance of the property subject to said title defects and the .
purchase price provided for in Paragraph 3 herein shall not be
reduced unless mutually agreed to by PURCHASER and SELLER.
.Questions of marketability and insurability are subject to the
exceptions set forth in Paragraph 2, and shall not be considered as
title objections.
6. CONVEYANCE: The SELLER will execute and deliver to
PURCHASER, at closing, a Quit Claim Deed, subject to the conditions
stated in this contract.
7. SURVEY: PURCHASER shall obtain a boundary survey of the
real property at its own expense within 30 days of the effective
qate of this Contract. While the PURCHASER has the right to select
a surveyor, the/PURCHASER must obtain the SELLER's approval of that
selection. The survey must be made by a land surveyor registered
in the State of Florida.
8. REAL ESTATE TAXES: Real property taxes for the year in
which this transaction is closed shall be paid by the Purchaser.
9. EXPENSE OF CLOSING: State documentary stamps, which are
required to be affixed to the instrument of conveyance shall be
paid by ~ SELLER.
10. CLOSING: This transaction shall be closed in Palm Beach
county, or at the offices of the SELLER or as specified by the
SELLER, on or before December 4, 1992.
11. DEFAULT BY PURCHASER: If PURCHASER fails to perform any
of the covenants of this contract, all money paid pursuant to this
contract by PURCHASER as aforesaid shall be retained by or for the
account of the SELLER as consideration for the execution of this
contract and as agreed liquidated damages and in full settlement of
any claims for damages.
12. DEFAULT BY SELLER: If the SELLER fails to perform any of
the covenants of this contract, all money paid by the PURCHASER, at
the option of the PURCHASER, shall be returned to the PURCHASER on
demand; or, the PURCHASER shall have only the right of specific
performance.
13. ASSIGNABILITY: This contract shall not be assignable by
the PURCHASER.
14. CONSTRUCTION LIENS: SELLER shall furnish to PURCHASER an
affidavit that there have been no improvements to subject property
for 90 days immediately preceding closing date. If subject
Page 2
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.~-- '.'-_.._..'--~"'-" .,..., ,_._._.----~_. ......-. ---.,-'. ---"~--"'- -------~~
. .
property has been improved within 90 days immediately preceding
closing date, SELLER shall deliver release or waiver of all
construction liens and SELLER'S construction lien affidavit.
J.5. DOCUMENTS FOR CLOSING: SELLER'S attorney or other Closing
agent shall prepare Quit Claim Deed, SELLER'S construction lien
affidavit, non-foreign affidavit and closing statement and
.shall submit copies of same to PURCHASER'S attorney at least 3
days, exclusive of Saturdays, sundays, and holidays, prior to
closing date. All other documents, if any, necessary for Closing
shall be prepared by the PURCHASER and submitted to the SELLER's
attorney by the same deadline.
, J.6. ATTORNEY FEES AND COSTS: In connection with any
litigation arising out of this contract, each party shall bear its
own costs, including attorney fees. Each party shall pay its own
attorney's fees in connection with. the negotiation, preparation,
execution, and Closing of this agreement.
J.7. REAL ~STATE BROKER'S COMMISSION: SELLER and PURCHASER
warrant and represent to each other that there is no real estate
agent or broker involved in the negotiation of the transaction
contemplated herein. In the event any claims arise for real estate
commissions, fees or similar compensation in connection with this
transaction, the party so causing such claims shall indemnify and
hold harmless the other party from any loss or damage which said
other party suffers because of said claim.
J.8. < NoTICES: Any notice to be given or to be served upon any
party hereunder, in connection wi th this contract, must be in
writing and must be. given by certified or registered mail and shall
be deemed to have been given and received when a certified or
registered letter, containing such notice, properly addressed, with
postage 'prepaid, is deposited in the u.S. Mail; or, if given
otherwise than by certified or registered mail, it shall be deemed
to have been given when delivered to and received by the party to
whom it is addressed. Such notices s~all be addressed to the
parties herein at the following addresses:
TO SELLER: M. o. Bagley, Manager, Real Estate
Florida East Coast Railway Company
P.O. Drawer J.048 (J. Malaga st.)
st. Augustine, FL 32085-J.048
TO PURCHASER: Jeff~rey S. Kurtz, Esquire
City Attorney
City of De1ray Beach
200 N. W. J.st Avenue
De1ray Beach, FL 33444
Page 3
<,
..._,-----.- -, _..__..~._-- .,.___~. JR.___ .~--~._--
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19. TIME: Time is of the essence in this contract.
20. RECORDABILITY: This contract may not be recorded by
either party.
21. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Should there be
any conflict in terms between (1) typewritten provisions and (2)
,handwritten provisions to this contract, the handwritten provi-
sions will prevail, when authorized and initialled by both parties.
22. OTHER AGREEMENTS: There are no agreements, promises or
understandings between these parties except as specifically set
forth herein. No modifications, alterations or changes shall be
made to this contract except in writing and signed or initialled by
the parties hereto.
23. CONSTRUCTION: This contract shall be construed according
to the laws of the State of Florid~.
IN WITNESS~WHEREOF, the respective parties have caused this
contract to be executed by themselves or their authorized officials
in duplicate originals on the dates shown below their respective
signatures.
SELLER:
WITNESSES: FLORIDA EAST COAST RAILWAY
COMPANY, a Florida corporation
~W.~
Q tv~/~9t'<'L~~/
Date:
PURCHASER:
WITNESSES: CITY OF DELRAY BEACH
a Municipal corporation
By: (Seal)
(Print Name)
Title
Attest:
Title:
Page 4
,
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r.E.C. OWNERSHIP .
IN-LINE BOOSTER KAS'l'ER POMP STATION - PROPERTY
DELRAY BEACH
I DBSCRIP'rION I
.A PORTION or THE FLORIDA EASTCOAST RAILWAY RIGHT-Or-WAY AS SHOWN ON HODEL LAND
COMPANY'S SUBDIVISION OF BLOCK'98, AND THAT PART or BLOCK 90. LYING EAST or THE
FLORIDA EASTCOAST RAILWAY RIGHT-OF-WAY TO~ OF DELRAY BEACH, FLORIDA, ACCORDING
TO THE PLAT THEREOr RECORDED IN PLAT BOOK 9 AT PAGE 33 OF THE, PUBLIC RECORDS or
PALM BEACH COUNTY, FLORIDA BEING HORE PARTICULARLY DESCRIBED AS rOLLOWSI
COMMENCE AT THE t{ORTHEAST CORNER' OJ' LOT 1, OJ' L.R. BENJAMIN'S .SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 18 OJ' 'rEm PUBLIC
RECORDS 'OF PALM BEACH COUNTY, rLORIDA AND RON ON AN. ASStnmD BEARING or
N88-49'54"W ALONG THE NORTH LINE OF SAID LOT 1 rOR 21.10 rEET TO THE POINT or
BEGINNING, THENCE RUN' S0ge45'36"W ALONG THE WEST LINE OJ' SAID I.O'l 1, 2 AND 3 FOR
138.54 FEET, THENCE RUN NSB'49'54"W rOR 50.57 FEET, THENCE N09-45'36"E ALONG A
LINE 50.00 rEET WESTElU.Y or AS. MEASUUD AT RIGHT ANGLES TO THE WEST LINJ:S or SAID
LOTS 1, 2 AND 3 FOR 138.54 FEET' THENCE SB8'49'54"E ALONG THE WES'r1l:RLY EXTENSION
or AND NORTH LINE OF SAID LOT 1, L.R. BENJAMIN'S SUBDIVISION FOR A DISTANCE OF
50.57 FEBT TO THE POINT OF BEGINNING. ,
SAID LANDS SITUATE WITHIN THE CITY or DELRAY BEACH, PALHBEACH COUNTY, FLORIDA.
CONTAINING 0.16 ACRB HORB OR LESS. I
CBRTII'ICATJl:1
I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUB AND CORRECT TO
THE BEST or HY KNOWLEDGB AND BELlEr, AND HlETS THE HINIHUM 'rSCHNtCAL STANDARDS
FOR LAND SURVEYIN irN THB STATI OJ' FLORIDA, AS SIT FORTH I IN CHAPDR 21HH-6, or
THE FLORIDA AD I CODI AS APPLICABLE FOR LEGAL DESCRIPTIONS.,
..
BYI D D L. CA 0 D~TED 0/11/92/
PROPZSSIONAL LAND SURVEYOR
FLORIDA STATE REG. NO. 3895
.
NO'l'BSI
1) THIS SKETCH AND LEGAL DESCRIPTION DOBS NOT REPRESENT A BOUNDARY SURVEY.
2) BBARINGS SHO;' HEREON ARB BASBD ON THE NORTH LINJ: 01' LOT 1 -L.R.
BENJAMIN'S SU DIVISION" IN PLAT BOOK 12 AT PAGB 10, PALM BBACH COUN'rY,
FLORIDA HAVING AN ASSUMED BEARING or S80-49' 54"E., .
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DATED: 8/11/92 92-13847-885
SHEETS 1 OF 2 HWe FILE NO. }
.~. C Brown Count)' C Palm Beach Count)'
CeraI GIle PICfeaIonII Plaza fIo/ncIW. PloIftIIonII PIIZa
&eI7 CcnI G_ 80uIIYIrd .. VIa Pch/Ina, 8u111O
. . IiAIrgpIIt, Flot1da 33083 LIIcI W:lItl. FIortda 33411
feller - Weaver and Cato, me. l305) 17N5SO. 8roward (407J oeI-41tG. Nn 8Mdt
13(5) 140-7800 . DIde i (3OG) 1&4-1~.1rowIId
Engineers ... Surveyors ... Planners l.cm 7324588 . PUn 8Nch (407) 841-188S . F'I.X
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tN-LINE BOOSTER'MASTER PUMP STATION - PROPERTY
DELRA Y BEACH, I .
ISKETCH TO ACCOMP~~'Y LEGAL DESCRIPTIO'N'! ,
......
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)ATED 8/11/92
;HEET 2 OF 2 SHEETS ItWC FILE NO. 92-13847-55.6
,~, ,.
o Broward County o Palm Beach COWlty .
eor.I ClaIlt Proftubnll Plaza PoIncIena PldN8IonII PIeza
SM7 CorII aile SouIeYatd >>sa VIa Po/noIInI, au.- 10 .
eller .. Weaver and Cato,. inc. ....,.., FlorIda 33OS3 I.Ike WlrtI. FlorIda 334e7
(305) m.o550. Broward (407]6ea-cttO . PUn BelCh
(3051 t4Q.7800 . Oaclt (305),7&407822.8foftId :
Engineers ... Surveyors ..~ Phinners (4071 732-2588 . Palm S.ach . (407)""-8815 . FAX. "
(30$) ..7871 . FAX '
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJltA
SUBJECT: AGENDA ITEM i 1'F - MEETING OF NOVEMBER 17. 1992
SERVICE AUTHORIZATION NO. 12/SURVEY SOUTH. INC.
DATE: November 13, 1992
This item is before you to approve a service authorization in the
amount of $21,180 for surveying services in conjunction with Phase II
of the Central Business District Alley Reconstruction project.
The project consists of topographic surveys of alleys in Blocks 57,
58, 59, 61, 67, 69, 70 and 91. These surveys will serve as base maps
for development of design drawings for paving, grading and drainage
plans,
Additionally, staff is requesting authorization to transfer funds from
various Decade of Excellence Bond Issue accounts to fund this project.
The accounts and amounts requested are as follows:
-Sidewalks S.W. 4th Avenue (225-3162-541-61.44) $ 2,851
-CBD Alley Construction (225-3162-541-61.43) 21
-Lowson Drainage (225-3161-541-61.42) 89
-Boy Scout Improvements (225-4141-572-61,37) 889
-Atlantic I-95 to Swinton (225-4141-572-61.49) 800
-N.W. Drainage Phase I (225-3161-541-61.39) 20,956
Recommend authorization to transfer funds from various Decade of
Excellence Bond accounts and approval of Service Authorization No. 12
in the amount of $21,180 to the contract with Survey South, Inc. with
funding from Decade of Excellence CBD Alley Reconstruction Phase II
(Account No. 225-3162-541-61.47,
,
.
Agenda Item No.:
AGENDA REQUEST
Date: 11/6/92
Request to be placed on:
-1L-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: 11/17/92
Description of item (who, what, where, how much): Staff requests approval
for a Consulting Service Authorization with Survey South. Inc. This Service
Authorization is for surveying Phase II of the Decade of Excellence Central
Business District Alley Reconstruction Proiect. Phase II consists of alleys
of Blocks 57, 58, 59. 61, 67, 69, 70, _,91
Proiect No. 93-02
Total Fee: $21.180.00
f:'lAYI.t."^- ~ ~~...v ,<. ;;(,7-~ - 31lo'2. ~ 54/ - fs,I,J1i
ORDINANCE/RESOLUTIO~ REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Survey South. Inc. Service
Authorization for a total fee of $21,180.00.
Department Head Signature:~ #4'&,=J'1-e__ ~-() //~//9"2
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~NO (if apPli~able) ~___
Funding alternatives
Account No. & Description ~ i!lk>- "f-I c...( 't-"7
~Account Balance ~"b B It I ~ 7f/t7 NSTll.
City Manager Review: 2.:~ W-o
r:;:::::..., c:rJJ
Approved for agenda: (SY/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood
Dir. of Environmental Services
FROM: Ralph E. Hayden, P.E.~
City Engineer
DATE: November 10, 1992
SUBJECT: CBD ALLEY RECONSTRUCTION - PHASE II
PROJECT NO. 93-02
Attached is a copy of the Agenda Request and Budget Transfer
form for approval of the proposed Service Authorization for
Survey South, Inc. We are seeking approval on the November
17 Commission Meeting.
Survey South, Inc. will provide topographic surveys for
Phase II of the Central Business District Alley
Reconstruction Project. The alleys of Phase II are within
Blocks 57, 58, 59, 61, 67, 69, 70 and 77.
RH:mm
File: Project No. 93-02 CD)
Memos to City Manager
JR302N10.MRM
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fD. WGB rr,J,J,Ul .I.I.L! 1lJJ1ITl ITlTITl:
WJJJJ L..LJ.:Jj LlTIll.D u.r.rw Not Included
A T LAN TIC I I ~ A V, For Survey
IJ ffiI]] 'I+fs} []j IUEEl ~
11 5 11 7 _2" 7 13' Ir ~ 6 ~ 2
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12 6 12 9 a.. 22 8 1. ~ 85 t..:: 8 8 1~
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2~.-I 8 16 10 19 8 16 10 20 '0 20 ~
rTlS8n ~rmrtl! Grn~~ST~~
p LAN
__ _ ___ _ PHASE II - PAVEMENT RECONSTRUCTION ( PROPOSED )
~ CITY of DELRA Y BEACH,,,, CENTRAL BUSINESS DISTRICT
""; ENVIRONMENTAL SERVICES DEPARTMENT ~ ALLEY RECONSTRUCTION PROJECT
... SOUTH SWlJlTQN AVEN\JJ, ,,!.RAy B"CB, I1.DRlDA 3.... PHASE II
.
~. .' EXHIBIT A
..
SURVEY SOUTH, INC
CITY OF DELRAY BE.ACH
CONSULTING SERVICE AUTHdR.~~~TI'ON
DATE: 270ct 92
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 225-3162-541-61.47
PROJECT NO.: 93-02 (CITY) 92150 (SURVEY SOUTH,
INC. )
Title: CBD Alleyway Reconstruction - Phase II
This Service Authorization, when executed, shall be incorporated
in and shall become an integral part of the Contract.
I. PROJECT DESCRIPTION
Topographic survey of alleys of Blocks, 57,58, 59, , 61,
67, 69, 70, and 91. Surveys will serve as base maps for
development of design drawings for paving, grading and
drainage plans.
II. SCOPE OF SERVICES
A. General
1- Survey shall include all platted rights-of-way,
lot numbers, block numbers and dedicated
easements.
2. Survey shall include all improvements, physical
objects, and significant plants (i.e. trees,
shrubs) within the right-of-way.
3 . All underground utilities, Including drainage,
shall be shown on the survey. Coordination with
UNCLE, or the gas company, for location of any gas
mains will be by the surveyor. Inverts on
sanitary and storm sewers shall be indicated.
Locations of water valves and meters must be
shown.
4. The topographic survey shall extend a minimum of
15 feet beyond the alley right-of-way. All
building structures within 30 feet of the
1
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. . right-of-way shall be indicated, including finish
floor elevations. All alleys shall have
stationing established from south to north, and
west to east where applicable.
5. Where alleys intersect with road rights-of-way,
the survey shall extend from the alley to the road
centerline, and 75 feet along said road
right-of-way beyond the alley, both directions.
6. Elevations shall be indicated at full and half
stations, at a minimum, to indicate centerline
grade, edge of pavement grade and shoulder grades.
Intermediate grades shall be indicated at all
grade breaks, driveways and sidewalks. Two grades
(one at r/w line and one 10' back) shall be
indicated on driveways to indicate direction of
grade.
7. Surveys shall be submitted on floppy disk, one
mylar copy, and one signed and sealed print.
8. The autocadd drawing should follow the following
format.
a. ) Explode blocks of unequal scale factor.
b. ) Assign colors by layer.
c. ) Divide the drawing into several layers.
(i.e. text, existing elevations, lot lines,
r/w lines, sta~ioning, existing topo, etc. )
B. Survey Limits by Alley
The following survey limits are beyond the minimum
limits specified in section II above.
Alley 57 - Locate the parking lot of the church on the
north end of this alley, including the south
face of the church, and 100 feet of the
parking lot east and west of the alley.
Allev 58 - On the south end of this alley, extend the
survey along N.W. 2nd street, east to the
centerline of Swinton Avenue, and west to
N.W. 1st Avenue centerline and include the
geometry and drainage structures at these
intersections.
Allev 59 - On the north and south end of this alley,
extend the survey along the centerline of
N. E. 2nd street, and N. E. 1st Street,
respectively, east to Swinton Avenue, and
west to N.W. 1st Avenue and include the
geometry and drainage structures at these
intersections.
2
.,
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.
.,
Alley 61 - The survey should indicate the drainage
structures on Swinton Avenue and S. W. 1st
Avenue in the vicinity of the east-west
section of this alley.
Allev 67 - Survey the entire alley.
Alley 6~ - Survey the entire alley.
Allev 70 - Survey from centerline of S.E. 1st Avenue to
the west right-of-way, from S. E. 1st Street
through S. E. 2nd Street.
Alley 91 - Extend the survey from the south end of the
alley, east along N. E. 1st Street through
N. E. 4th Avenue.
C. Additional Services
Upon separate written authorization, consultant shall
provide additional services that may be required under
this service Authorization that may include: public
property searches for alley abandonment, coordination
with property owners to obtain access through private
property to obtain additional information for
engineering design, boundary differences and/or
disputes between public and private property deed
lines, extending limits of survey location as
determined by City, and any other services that may be
required by the City. Payment for said services
shall be in accordance with Section VII Part A.2.a of
the consultant contract.
III. BUDGET
1. Labor
a) Survey Crew - 158' Hrs @ $ 75.00 /Hr. = $11850.00
Cadd Operator - 74 Hrs @ $-45.00 /Hr. = $ 3330~OO I
(PLEASE SEE EXHIBIT wAw ATTACHED) subtotal $15180.00
b) For services described in section II C
above and authorized in writing by the
City Manager on an as required basis,
consultant shall be paid a fee mutually
agreed upon between City and Consultant
which shall not exceed = .$ 6.000.00
Total Fee Requested this Authorization $ 21180.00
3
,
.
.
.
, IV. COMPLETION DATE
One week after approval of auth9rization to pro~eed - field
services will start. 2 to 3 weeks , after author~zation date
the city will receive the first - Three alleys and each week
after shall receive three alleys each week until project is
completed. Contract shall be completed within 60 . days
from date of authorization~
This service authorization is approved contingent upon the
City's acceptance of and satisfaction with the completion of
the services rendered in the previous phase or as
encompassed by the previous work authorization. If the
City, in its sole discretion, is unsatisfied with the
services provided in the previous phase or service
authorization, the city may terminate the contract without
incurring any further liability. The CONSULTANT may not
commence work on any service authorization approved by the
City to be _ included as part of the contract without a
further notice to proceed:
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date: Date 280ct92
Thomas E. Lynch
Mayor
Attest:
Witness
BEFORE ME, the foregoing
instrument, this 28th
date of October ,
Approved as to Legal 1992, was acknowledged by
SUfficiency and Form ,Manuel Gutierrez
, on behalf of the
Corporation and said
person executed the same
free and voluntarily for
the purpose there-in
expressed.
witness my hand and seal
in the County and state
aforesaid this 20th day
~ 0 ob r . ~992. ._
tt t 7J.--?/k ~" l '.UM~
ary 1..,0
stat.e of Florida
My Commission Expires:
Notary Public, Stat. of Florfdd
4 Mo, CC!r.mb;i;:;n [:!;:lres Nov. la, 1992
Bor.d.:-:1 Thru Tr,:".. r." . I..,.,.., '-,' !~:.
.,
i
I
\ City of Delray Beach
I Departmental Budget Transfer
, . (1) Departmental Une Transfer (2) Date 11/2/92
I (3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: Raloh Havden
(6 ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
225-3162-541-61.44 Sidewalks S.W. 4th Ave. 2,851. 00
225-3162-541-61.43 CBD Alleyway Const. 1,415.00
225-3161-541-61.42 Lowson Drainage 89.00
225-4141-572-61.37 Boy Scout Improvements 889.00
- '
225-4141-572-61.49 Atlantic 1-95 - Swinton 800.00
225-3161-541~61.39 N.W. Drainage Phase I 20,956.00
225-3162-541-61.47 CBD Alleyway Const. 27,000.00
Phase II ..'
(10) TOTAL $27,000.00 $27,000.00
JUSTIFICATION: Funds transfers are cover t
testin for the second hase of the CBD AIle a Reconstruction Pro
No. 93-02.
Li uidate P.O.
225-3161-541-61.39 N.W. Draina e .to. ..~ .
Department Head~ As8t City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
. ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
.
.
~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!J1CA
SUBJECT: AGENDA ITEM i CJ G - MEETING OF NOVEMBER 17. 1992
ADDENDUM NO. 1 TO SERVICE AUTHORIZATION NO. 2/MOCK. ROOS
AND ASSOCIATES, INC,
DATE: November 13, 1992
This item is before you to approve an addendum to Service
Authorization No. 2 in the amount of $25,100, for additional
engineering services in conjunction with the Southeast/Southwest Road
Reconstruction project; and modifying Service Authorization No. 2 by
deleting Phases IV (bidding/negotiation) and V (construction phase)
services at a savings of $39,200.
The Southeast/Southwest Road project area includes Eagle Circle,
Albatross Road (Curlew Avenue to Heron Drive), S.W. 9th Street (S.W,
4th Avenue to S.W. 6th Avenue), S.W, 1st Avenue (Atlantic Avenue to
S.W. 1st Street), and Dotterel Road. These areas have been identified
as requiring improvement by the Master Drainage Plan.
Additionally, this addendum modifies Service Authorization No. 2 by
deleting Phases IV (bidding/negotiation) and V (construction phase)
services from the contract. These services will be provided in-house
by staff,
The total amended compensation for scope of services in Service
Authorization No. 2 and Addendum No. 1, exclusive of reimbursables, is
$99,500, a net reduction of $14,100.
Recommend approval of Addendum No. 1 to Service Authorization No. 2
for the contract with Mock, Roos and Associates, Inc. ; with funding
from Decade of Excellence Street Reconstruction (Account No.
225-3162-541-61.17).
.,
.
-
Agenda Item No..
AGENDA REQUEST
Date: October 21, 1992
Request to be placed on:
~ Regular Agenda .
_____ Special Agenda
Workshop Agenda When: October 27, 1992
Description of item (who, what, where, how much): Staff requests Commission approval
of Addendum No.1 to Service Authorization No.2 for Mock, Roos & Associates, Inc. in the amount
of $25,100 for additional engineering services in conjunction with the Southeast/Southwest Road
Reconstruction Project. This Addendum also deletes bidding/negotiation and construction administra-
tion phases from Service Authorization No.2 for a fee reduction of $39,200.00. The net amended
compensation for Service Authorization No.2 and this Addendum is $99,500.00. The funding source
for this ro'ect is account no. 225-3162-541-61.17.
ORDINANCE/RESOLUTION REQUIRED. YES~DRAFT ATTACHED YES~
Recommendation: Staff recommends approval of Addendum No.1 to Service Authorization No, 2 for
Mock. Roos & Associates.
Department Head Signature. &JRI~
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 <;\. ,1(1- lif applicable)
Account No. & Description l:f l_ ", Br'._v' ')
1,:::'..,' <'1<
-
Account Balance
City Manager Review.
Approved for agenda. eS)/NO {J7'-J'
Hold until.
Agenda Coordinator Review:
Received.
Placed on Agenda.
Action.
Approved/Disapproved
/agenda.kt
..
MEMORANDUM
TO: David T. Harden
City Manager .~
THRU: William H. Greenwood 1/t,J/j<
Dir. of Environmental Services
FROM: Richard C. Hasko, P.E. ~
Asst. city Engineer
DATE: October 21, 1992
SUBJECT: ROAD RECONSTRUCTION - SOUTHEAST & SOUTHWEST
PROJECT NO. 92-005
Attached please find an agenda request accompanied by
Addendum No. 1 to Service Authorization No. 2 for Mock, Roos
& Associates, Inc. to provide additional engineering
services for the referenced project. Preliminary design
data regarding the City Master Drainage Plan as well as
water & sewer studies performed for the City have identified
the need for additional reconstruction work in areas
affected by the scope of this project. This Service
Authorization Addendum accommodates the engineering design
and permitting required to construct the additional
improvements for an additional fee of $25,100.00. It is
also the intent of this Addendum to delete the bidding/
negotiation and construction administration phases from
Service Authorization No. 2 . This results in a fee
reduction of $39,200.00 from Service Authorization No. 2. ,
and a net fee reduction of $14,100.00. Environmental
Services Department will perform bidding/negotiation and
construction administration services in house. The funding
source for the additional fees is account no.
225-3162-541-61.17.
DH:mm
cc: Ralph E. Hayden, P.E., City Engineer
George Abou-Jaoude, Dep. Dir. of Public Utilities
File: project No. 92-005 (D)
Memos to City Manager
DH205021.MRM
"
MOCK, ROOS , ASSOCIATES, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
ADDENDUM NO.1 TO SERVICE AUTHORIZATION NO.2 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 225-3162-541-61.17
PROJECT NO. 92-005 (CITY) 92-113 (MOCK, ROOS & ASSOCIATES, INC.)
TITLE: ROAD RECONSTRUCTION PROJECTS - SOUTHEAST & SOUTHWEST AREAS
This Addendum, when executed, shall be incorporated in and shall become
an integral part of the Contract, dated September 16, 1991, and amends
Service Authorization NO.2, dated March 6, 1992, between the City of
Delray Beach and Mock, Roos & Associates, Inc.
I. PROJECT DESCRIPTION
It is acknowledged that phases I, II, III of Service Authorization
No. 2 have been substantially completed as of this date. The
necessity for additional reconstruction work within the streets
affected by this project was identified as the result of drainage
and utility studies performed for the City at the same time the
Consultant completed engineering services under Service
Authorization No.2.
This Addendum is for the provision of additional engineering
services required for the construction of the additional
improvements previously referenced, and identified as follows:
PROJECT/STREET IMPROVEMENTS
Eagle Circle Water main replacement, and
drainage extension.
Albatross: Curlew to Heron Water main replacement, and
drainage extension.
SW 9th Street:
4th Avenue to 6th Avenue Water main replacement.
SW 1st Avenue:
Atlantic Ave. to 1st Street Water main replacement, and
drainage extension.
Dotterell Road Drainage extension for future
connection , and drainage
outfall.
.,
This Addendum will also modify Service Authorization No.2 by
deleting Phases IV and V from the scope of services.
II. SCOPE OF SERVICES
A. Phase I - study and Report Phase
Not included.
B. Phase II - Preliminary Design Phase
Not included.
C. Phase III - Final Design Phase
Consultant to provide engineering design for utility, roadway,
and drainage reconstruction proj ects as identif ied herein, and
in conjunction with roadway reconstruction plans for roadways
identified in Service Authorization No.2. This phase shall
include the acquisition of all permits required to construct
the projects, as well as construction cost estimates to be
segregated per the city's direction.
D. Phase IV - Bidding/Negotiation Phase
This phase is hereby deleted from Service Authorization No.2.
E. Phase V - Construction Phase
This phase is hereby deleted from Service Authorization No.2.
III. BUDGET
Compensation shall be made using Method II of the agreement as
follows:
A. The city agrees to compensate the Consultant for services in
conjunction with this Addendum for an amount not to exceed
$ 25,100.00.
B. Consultant agrees that a total of $ 39,200.00 in compensation
for services under phases IV and V as authorized in Service
Authorization No. 2 is hereby deleted from the agreement.
D. Total amended compensation for scope of services in Service
Authorization No. 2 and Addendum No. 1 thereto, exclusive of
reimbursables, is $ 99,500.00.
IV. COMPLETION DATE
Consultant shall complete the work outlined in Phase III within
ninety (60) days of issuance of authorization to proceed by the
city.
.,
.
. '
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with the completion of the services
rendered in the previous phase or as encompassed by the previous service
authorization. If the City in it's sole discretion is unsatisfied with
the services provided in the previous phase or service authorization,
the city may terminate the contract without incurring any further
liability. The CONSULTANT may not commence work on any services
authorization approved by the City to be included as part of the
contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date: Date:
Thomas E. Lynch
Mayor
witness
Witness
Attest: STATE OF
COUNTY OF
The foregoing instrument was
acknowledged before me this __
Approved as to Legal day of ,
Sufficiency and Form by
(name of officer or agent,
title of officer or agent), of
( name of corporation
acknowledging) , a
(state or place of
incorporation) corporation, on
behalf of the corporation.
He/She is (personally known to
me) (or has produced
identification)
(type of
identification) ( a s
identification) and (did/did
not) take an oath.
Signature of Person Taking
Acknowledgment
Signature of Acknowledger
Typed, Printed or Stamped
.,
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER8'JV!
SUBJECT: AGENDA ITEM i Cf H - MEETING OF NOVEMBER 17. 1992
CHANGE ORDER NO, l/ALL-RITE PAVING CONTRACTORS. INC,
DATE: November 13, 1992
This is a change order in the amount of $15,465 to the contract with
All-Rite Paving Contractors, Inc. for the construction of a five foot
wide sidewalk on the west side of N.W. 1st Avenue from N.W. 2nd Street
to the Cason United Methodist Church (approximate 1100 linear feet).
In addition to serving the neighborhood, this sidewalk will be used as
a pedestrian access to and from the Church parking lot which is
proposed for overflow parking for the Tennis/Center Stadium.
Recommend approval of Change Order No. 1 to the contract with All-Rite
Paving Contractors, Inc, in the amount of $15,465 with funding from
Community Development Streets and Sidewalks (Account No.
118-1965-554-63,11).
'.
.
,
Agenda Item No.:
AGENDA REOUEST
Date: November 10, 1992
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 17, 1992
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #1 to All-Rite Paving Contractors, Inc. for
the Cason Cottage paving and Grading Improvements (92-25). Change Order #1 is
for adding a new five foot wide concrete sidewalk on the west Right of Way of NW ~
_ ~~e from NW 2nd st to the Cason United Methodist Church (approx 1100 If).~ ~
~~ - is ne~ sidewalk will be utilized as pedestrian access to the Church parking
lot. The parking lot is proposed to be used for overflow parking for the
Virginia Slims Tennis Tournament in March. Change Order #1 is for an add
amount of $15,465.00. Funding Source is Ilg - J'iuS S'S~ (.[. . t,5
ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED~O
Recommendation: Staff Recommends approval of Change Order #1 for the addition of
the new sidewalk.
Department He~ #~-~.-~ (r/(/ r q"2-- ~
Signature: \
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YE NO
Funding alternatives ~ (if applicable)
Account No. & DescriPtionll<t>-lq~S- ...... uDBGr ~'KEeJS 8~AU($
Account BalanceA3..;r20.CO f\I Iq2 A-ZCf. BA'iA\ tE'
City Manager Review:
Approved for agenda: ~/NO /11)
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
..
CITY OF DELRAY BEACH
- CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 92-25 DATE: November 9, 1992
PROJECT TITLE: Cason Cottage Paving and Grading Improvements
TO CONTRACTOR: All-Rite Paving Contractors, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Construct sidewalk improvements on west side of R/W along NW 1st Ave from NW 2nd St to
Cason United Methodist Church property (approx 1100 If x 5 If). Scope of work to be per
schedule 'A' attached. Work includes Excavation and grading for sidewalk, 4" Concrete
Sidewalk, 6" Concrete Driveways, Maintenance of Traffic, Layout and Miscellaneous Items
(Clearing and Grubbing, Fence Removal) for entire 1100 If . Also included is sawcutting
and removal of existing pavement and removal of existing sidewalk in front of City
Attorney's Office. Irrigation, swale grading and sodding in front of City Attorney's
office is to be done by others. All work to be constructed on a unit price basis based on
final field measured quantities at the unit prices per Schedule A attached. Item No. 10
is an allowance item to be billed on a time and material basis as directed by the City
Engineer.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 38,980.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 38,890.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 15,465.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 54,355.00
PER CENT INCREASE THIS CHANGE ORDER 40 %
- -
TOTAL PER CENT INCREASE TO DATE 40 %
- -
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 0 CALENDAR DAYS TO 11/27/92
- -
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
for All-Rite Paving Contractors, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department
FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA by its city Commission
RECOMMEND: ~rL 14 /11 I~"l- By:
Ralph E Hayden, City Engineer Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
Citv Attornev Citv Clerk
'.
-
TAB BY RHW 11/6/92
Schedule A
Sidewalk extension on NW 1st Ave
From NW 2nd Ave to Cason Methodist Church
-------------------------------------------------------------------------------
ITEM Item Description Approx Unit Price Amount
NO Qty
-------------------------------------------------------------------------------
1 4" Concrete Sidewalk 5000 SF $1. 42 $7,100.00
2 6" Concrete Sidewalk 1600 SF $1. 70 $2,720.00
3 Sawcut Pavement 180 LF $0.25 $45.00
4 Pavement Removal 100 SY $2.50 $250.00
5 Sidewalk Removal 900 SF $1. 20 $1,080.00
6 Sidewalk Excavation/Compaction 1200 LF $1.10 $1,320.00
7 Swale Grading (@ City Atty Office) 160 SY N.I.C.
8 Maintenance of Traffic 1 LS $700.00 $700.00
9 Layout 1 LS $250.00 $250.00
10 Misc Removal Allowance 1 LS $2,000.00 $2,000.00
11 Irrigation Extension (Bimecap) 1 LS N.I.C.
12 sodding (Bimecap) 160 SY N.I.C.
------------
Totals $15,465.00
------------
------------
..
I : I' - "''\ """"-",' . . : ~
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,
. , -
City of Oelray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date November 11, 1992
(3) Interfundl/nterdepartmental Transfer (4) Batch Number
(5) Requested By: Budget
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
11 8-0000-331 .49-00 CDBG 91-92 15,465
118-1965-554,63-11 Bikepaths/Sidewalks 15,465
)-
(10) TOTAL 15,465 15,465
JUST/FIC14'l8"'? unspent funds from FY 1992 for Streets and Sidewalks for a new sidewalk from NW 2nd S1.
to the Cason United Methodist Church.
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i If jC - MEETING OF NOVEMBER 17. 1992
AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 3/PROFESSIONAL
ENGINEERING CONSULTANTS
DATE: November 13, 1992
This item is before you to approve an amendment in the amount of
$16,650 to Service Authorization No. 3 for the contract with
Professional Engineering Consultants (PEC) for additional engineering
services in conjunction with the In-line Booster Master Pump Station
and Transmission System Improvements project.
The project description includes the relocation of the proposed 10
inch force main between N.E. 3rd Street and N.E. 4th Street from the
alley to N.E. 3rd Avenue to preserve the new pavement in the alley;
installation of compact air scrubbers at Lift Stations 100A, 1, 4, 5,
and 11; and modification of the mansard roof at the booster pump
station to accommodate clay tiles instead of an aluminum standing
seam.
Recommend approval of Amendment No. 1 in the amount of $16,650 to
Service Authorization No. 3 for the contract with Professional
Engineering Consultants; with funding from 1991 Water and Sewer
Revenue Bond - Master Sewage (Account No, 447-5166-536-33.11).
.,
Agenda Item No.;
AGENDA REQUEST
Date; November 9, 1992
Request to be placed on;
XX Regular Agenda
Special Agenda
Workshop Agenda When: November 17, 1992
Description of item (who, what, where, how much): Staff requests City Commission
to approve Amendment No. 1 to Service Authorization No. 3 to PEC for additional
e~gineering services to In-Line Booster Station and Transmission systems in the
amount of $16.650.00. These services include modification for the mansard roof,
specify odor scrubbers and relocate 10 inch forcemain from the alley to N.E. 3rd
Avenue. Project No. 90-05. Funding will be 447-5166-536-33.11
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends City Commission to approve Amendment No. 1 to
Service Authorization No. 3 to PEG for additional en~ineerin~ services.
Department Head Signature: /fI/~&-' "9' il.el"J ",p ,tlf/f1.-- c,Jr.. P 1"
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Dt+ector Review (~red on all items involving expenditure of funds):
Funding available: ES NO
Funding alternative (if~iCable)
Account No. & Descr4tion~tb-S"2:6. 36-} I~ J< S'8NP6~
Account Balance~, 23.
,
City Manager Review:
Approved for agenda: @NO [fP1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
"
FROM PROFESSIONRL ENGINEERING CONSULTRNTS 11.(13,1992 17:30 P. 2
. ~ ... . ,"'!,
November 2. 1992 P..2183
Mr. Oeorae Abou..Jaoude. Deputy Director
Cit)' of Delra)' Beach Environmental Services
434 South Swinton Avenue
Delray Beach. Florida 33444
Re: Proposal for Additional Professional Design Services
In-Line Booster Master Pump Station
and Transmission System Improvements Project
Dear Mr. Abou-Jaoude:
We are pleased to present this proposal for Engineering Services related to the above
referenced assignment. The objective of these additional services is to accomplish
revision of the construction plans and specifications to incorporate the following design
changes as requested by the City:
1. Relocate the proposed to-inch force main between NE 3rd Street and NB 4th
Street from the alley to NE 3rd Avenue to preserve the new pavement at the
alley.
2, Install compact air scrubbers at Lift Stations l00A, I, 4, S. and 11. Submersible
Lift Stations tOOA and 5 require single scrubber systems, while Lift Stations No.
1, 4, and 11 require triplex scrubber systems. As requested by the City, scrubber
systems utilizing sodium hypochlorite solution as supplied by Davis Industries_
Inc. shall be the basis for design.
3. Modify the mansard roof of the booster pump station for clay tiles instead of
,aluminum standing seam,
We propose to complete the 3rd A venue force main realignment for a lump sum of
$7,150.00. Of this total fee, $1.925.00 is included for surveying and $400.00 is included
for aerial photographics.
We propose to design the odor control systems for a lump sum of $9.000.00. Of this
total fcc, $3,500.00 is included for electrical design to revise the previously completed
drawings for five lift stations.
"
F~OM P?OFESSIONRl ENGINEERING CONSULTRNTS 11.133.1992 17:30 P. 3
. -.
Mr. George Abou-Jaoude P.2183
November 2, 1992
Page 2
We propose to complete the mansard roof structural modifications for 8 lump sum of
$500.00.
The total proposed additional authorization for these three items is $16,650.00. Enclosed
for your review are manhour estimates include in Attachment tI A" and cost estimates
shown in Attachment "B".
We appreciate the opportunity to provide our engineering services for this assignment and
trust that the information provided herein is sufficient, If you have any questions or
require additionaJ information, please advise.
Very truly yours,
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
Michael J. Waresak, P.E.
Project Bngineer
MJW/ak
Attachments
cc: Bill Greenwood, Director of Environmental Services
Arthur Austin, P.B.
..
FR01'1 ,p.P,O~SS I ONAl ENG IflEER I NG CONSUL TAtHS 11.03.1992 17: 29 P. 1
."'- . r'! .-
I Jnmn ~ H..!I n I
.ltI ~ J
PEe EOLA PARK CENTRE 0 200 EAST ROBINSON STREET
PROFESSIONAL SUITE 1560 0 ORLANDO, FLORIDA 32801
ENGINEERING . 1
CONSULTANTS (407) 422-8062 0 FAX 849-9401
........
~.PW'Iw\.~
. .
- 1 Tl~"'IN."1 IF" II TT I J L 1 L -v .. 1"'1 -
FACSIMILE TRANSMISSION COVER SHEET
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Company: (.,c'1"y <,,[ 'lJ~/r.ct !?~<"Ic'~
Date: .II/;J/~ t. Time: 4: ? J' c) 1',.,., Job No: f) [J....o~,..? (.J
From:.. , ;111,1t' t/Ci-r~ fa '-
Subject.: '1:.- C/~(, )fo('f4" ,/I(.,'r~t" ~,./J~?f~""
,
Special Instruction: a~c,~J'(' /k....~~ /"t:"'H'('c;J ~ ~""-?'f(~~/Yr:/UJt$,/ .
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ToW Number of Pages (lncluding this cover sheet): . f'
IF YOU DO NOT RECEIVE ALL THE PAGES,
PLEASE CALL US AS SOON AS POSSIBLE AT:
(407) 422..8062
Operator: . ~l/~c.- r r / .../ ,
'.
ADDENDUM NO. J.
-
DATB:
SBRVICE AUTHORIZATION NO. 3 "- FOR CONSULTJNO SERVICES
CITY P.O. NO.. CITY BXPENSE CODE
PROJECT NO.:
CITY OF DELRA Y BEACH PBC --.DJ)~
TITLB: IN-LINE BOOSTER MASTER P.B. AND TRANSMISSION SYSTEM
IMPROVEMENTS DESIGN PHASE SERVICES
This service authorization, when executed, shall be Incorporated in and shall become an integral part of
the Contract, Dated December 4, 1991, by and between the City of Delray Beach and PEC.
I, PRQJECT DESCRIPTION
The objective of this assignment is to revise the construction plans and spoclficatlons for the above
referenced project as follows:
1. Relocate the proposed 10-inch force main between NB 3rd Street and NE 4th Street from the
alley to NE 3rd Avenue to preserve the new pavement at the alley.
2. Install compact air scrubbers at Lift StatIons lOOA, 1, 4, S, and 11. SubmersIble Lift Stations
lOOA and 5 require single scrubber systems, while Lift Stations No.1, 4, and 11 require triplex
scrubber systems. As requested by the City, scrubber systems utilizing sodium hypochlorite
solution as supplied by Davis Industries, Inc. shall be the basis for design.
3. Modify the mansard roof of the booster pump station for clay tiles Instead of aluminum standing
seam.
n. SCOPE OF SERVICES
Provide the design and construction plans, specifications and related bidding documents for the
construction of changes requested by the City. The development of this assignment consists of two
(2) phases a.c: provided in our Agreement for Engineering Services dated December 4, 1991 and
generally described as follows (phases I1V, and V are provided under previous authorizations).
- 1 - P..2183
.,
III Elnn) >>~hln PhD.IJC: Preparation of Contract Drawings and Specifications.
Detailed Scope or Services Is Included In Attachment tf A It .
III. nUDGET
The following scrvice.~ shall ho paid on the ballis (If the following methods in accordance with tho
Contract Agreement, the total not to exceed $16,650 without furthor authorization from the City:
~ -A~tivity Basis or PllYJU~D1 Bp4eQ.l
II Preliminary Design Phase Lump Sum $ 3,970
III Final Design Phase Lump Sum . 1~~-m
Budget Totol $ 16,650
Detailed Monhour ond nudgcts are Included In Attachment liB".
The Consultant shall he reimhursed for additional services not included In the above basic fees, such a!;
hut not limited to: special permitting, additional printing, property surveys, and resident services during
construction, not to exceed an amount of One ThouRand Dollars ($1,000.00). Those additional services
shall be approved hy Ole City, In wrlting, on an item per hem basis.
IV. COMPLETION DATE
The overall de~lgn shall be completed within 30 calendar days from the Notice to Proceed,
extending the original completion schedule for the In-Line Booster Pump Station by 30
calendar days.
- 2 - P-2183
'.
FR6M PROFESSIONRL ENGINEERING CONSULTRNTS 11.103.1992 17:35 P. 9
. " t"
.
.
CONSULTING SERVICE AUTJtPRIZATIOl'{...No. 3
ADDENDUM NO.1
Continued
This servIce authorization is approved oontlnJ:ent upon the City'. acceptance of and 8atilif~llon with the
completion of the servloes rondered in the previous phase Dr as encompulled by the previous service
authorization, lfthe City in its Bole dlsoretion is unsatlsfibd willi tho serviocs provided in the previous phase
or service authorization, the City may tennlnate the contract without IncurrIne any further liability.
APPROVBD BY nIB CiTY OF PROPESSIONAL ENGINEBRlNG
DELRAY BEACH CONSULTANTS, INC,
_DAY OF .1992 BY:
....lQm R. Kelley. F.B..
Typo or Print
Date: (SEAL)
CITY OF DELRA Y BEACH, a munIcipal
corporation of tho ST A TB OF FLORIDA A TrEST:
STA TB OF FLORIDA
COUNTY OF ORANGE
BY: ILl>.. ~ ,
MAYOR The foreaolng Instrument was aolcnowledged
before me thh day of
----
, 1992 by Tom R. Kelley.
I P.E. t
^ TrEST; (name of offioor or agent, Htlo
of officer or agent of, or agont. of ..fJofcssional
J!nJ:ipe<<dnl! Consultants. Ino. .
BY:. (name of corporation acknowledalna). a
. (state or place ot incorporation),
corporation, on behalf of tho oorporatlon. HelShe
.s personally known to me/or haa produced_
APPROVED AS TO FORM: (type of identlftoatlon) u IdentIfication and did
(did not) take an oath.
llY: , .
City Attorney Signature of Notary :Publio . State of Florida
, AL
Print, Type or Stamp Name of Notary Public
(SEAL)
.3 . P-2183
"
FROI'! F'.F'OFESSIOtl~L EtlGItlEEF.'ItlG COtlSUL T~tns 11,03.1992 I?: 31 p, 4
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FfO~ PROFESSIONRL ENGINEERING CONSULTRNTS 11.03.1992 17:33 P. 6
-. .
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.
PROFESSIONAL ENGINEEFllNO CONSULTANTS,INC. PROJECT COST BUDGET
P-2183
CL'ENTI"~"'lltl' ........................CITY or: D~LRAY BEACH DATE OF ESTIMATE.. 1012'7fQ2
LABOR MUL TIF'LIER.. 9,00
PROJECT NAME...... ,,,,..,,.....,,,,.......FORCE MAIN RELOCATlON/ODon DIRECT MUL TIPUER..., 1.0
CONTRQ/MANSARD J:lOOF MODIFICATIONS
.........*....*..*.*.****.****.**..*...........*....................M..........................................~.............
LABOR COST OET^,L
-~------~~-~--~-~
TASK i: TASK :3: TASK 6: DIRECT MULTI
PRELIM. FINAL CONSTRUCTION TOTAL LABOR LABOR
LABOR CLASS RATE DESIGN DESIGN ASSIST ANCl; HOURS COST COST
----------- - -- ---------------- ------.....- --~-----~- ----- ----- -------
PROJECT MANAGER $29,00 2 10 0 ,~ ~49 $1.044
SENIOR ENGINEER $22.00 "1 44 0 "'l8 '1.056 $3,168
ENGINEER $17.00 22 26 0 <49 a10 $2.<449
lECHNICIAN $1"\,00 2 00 0 82 ""6 $3.~~4
DRAFTER (CADD) $10_00 0 0 0 0 ro $0
CLERICI\L $10.00 0 2 0 2 1;20 $60
-- ....--- ------ ------ ---~-- ----- ---~--~
SUBTOTAL LABOR HOURS 00 162 0 192 $3,389
SUBTOTAL RAWLBR DOLLARS $5~O $2,840 $0 $10,164
SUBTOTAL TOT LBR DOLLARS $1,644 W,520 $0
..... ... *.* ...... ...... ........... ........... .......... '* .......... .................. ..... ..... ......................... ~.............
OTHER DIRECT COSTS DETA'L. ACTUAL MUL'I
ITEM DESCRIPTION ------------------------- ODC ODC
...__...._------~_...... - - - -- -------------
TELEPHONE (Long DI~lanoe Only) $10 ~1 ~1 $31
REPAOD./pRINTING $0 $130 $0 $130 $130
PERMIT FEES (pAID BY CITY) $0 $0 $a $0 $0
------ ------ ------ ----- -------
SUBTOTAL DIRECT $ $10 $151 W '161
SUBTOTAL MULl OIR $ $10 $151 W $161
...........................*..........................~..........................................................~.............
EXTERNAL ASSOCIATES COST DETAIL ACTUAL MULTI
ASSOCIA TE ------------------------~- ODC ODC
----------- -----.--.....--....-
Heller, Wee.ver and CSIO, Inc. ()( '.10) $1,92!i $0 $0 $1,750 Sl. 925
G08worth Aerial Surveyll, Inc. (I( 1.0) $-100 $0 $0 5-100 $'100
RMI, Inc. (x 1.0) $3.500 $0 $3.500 $3.500
STI, Ino. ex 1,0) (Mansard RooQ 1&500 W $500 S500
---..........- ----- - ------ ----------------
$2,~5 $<1,000 $0 $8,150
$6,325
..........................*.***..*...................*...*...........................................................M.............
TOTAL LABOR, ODC'a &
EXTERNAL ASSOCIATES 53.97Q "2,67' $0 $16.650
.,
..
, MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
fYVl
FROM: CITY MANAGER flrv'(
SUBJECT: AGENDA ITEM i '1 ~ - MEETING OF NOVEMBER 17. 1992
APPROVAL OF AGREEMENT FOR ARCHITECTURAL SERVICES/SERVICE
AUTHORIZATION NO. l/A. GRANT THORNBROUGH AND ASSOCIATES
DATE: November 13, 1992
This item is before you to approve an Agreement for Architectural
Services with A. Grant Thornbrough and Associates for consulting
services in conjunction with the Swinton Avenue Beautification
project; and a service authorization in the amount of $50,000, plus
$3,000 for reimbursable expenses,
The agreement is the standard consulting service agreement, Service
authorizations are required to authorize work, projects and services,
The scope of service under Authorization No, 1 includes design,
permitting and construction administration services for proposed
improvements along Swinton Avenue from N.W. 22nd Street to S.E. 10th
Street (approximately 3.5 miles). These improvements include upgrade
of swale areas, installation of curbs, gutters and drainage
improvements, and landscaping.
Recommend approval of the Agreement for Architectural Services with A.
Grant Thornbrough and Associates and Service Authorization No. 1 in
the amount of $50,000, plus $3,000 for reimbursable expenses; with
funding from Decade of Excellence Bond Issue - Swinton Avenue (Account
No, 225-4141-572-61.48),
.,
,
. Agenda Item No.:
AGENDA REQUEST
Date: November 2, 1992
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 17, 1992
Description of item (who, what, where, how much): Staff request Commission
approve Agreement for Consulting Services and Service Authorization No. 1
for A. Grant Thornbrough for planning, design and construction administration
services for Swinton Avenue Beautification Pro;ect between N.W. 22nd Street
and S.W. 10th Street. The amount of Service Authorization No. 1 is $ 50.000.00
with a $ 3.000.00 allowance for reimbursable expenses. The funding source for tY
this ro'ect is Account No. 215-4141-572- 1. 8.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
- -
Recommendation: Staff recommends approval of Agreement and Service Authorization
No. 1 for A. Grant Thornbrough for design of Swinton Avenue Beautification
Project.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: NO
Funding alternatives (if applicable)
Account No. & Description ~-414~Sl2- .(ot ~ 'P:EftW1F/CATIOA/-SV\lItJrcw,AVe:
Account Balance C;'Z/15"4 'INGL..: fZAN5FEe.
City Manager Review:
Approved for agenda: ~/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
.,
. .
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER ~
THRU: WILLIAM H. GREENWOOD~~
FROM: DIRECTOR OF ENVIRONMENTA~ ~~CES
RICHARD C. HASKO, P.E. 1Z0
ASSISTANT CITY ENGINEER
DATE: NOVEMBER 2, 1992
SUBJECT: SWINTON AVENUE BEAUTIFICATION
PN 92-42
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is an agenda request together with copies of the
Agreement for Consulting Services and Service Authorization No. 1
for A. Grant Thornbrough in conjunction with the design,
permitting and construction administration for the! Swinton Avenue
Beautification Project. The Service Authorization amount is
$ 50,000.00 with an additional $ 3,000.00 allowance for
reimbursable expenses. The funding source for the project is
account No. 225-4141-572-61.48.
RCH:kt
Attachment
cc: Lula Butler, Director of Community Improvement
Ted Glas, Director of Purchasing
File: 92-42 CD)
DHDH112.kt
.,
I
I
I City of Defray Beach
I , Departmental Budget Transfer
(1) Departmental Una Transfer (2) Data November 9, 1992
(3) Interfundllnterdapartmental Transfer (4) Batch Number
(5) Requested By: Richard C. Hasko, P.E.
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
225-2162-541-61.17 D.G.E. Capital Street
Reconstruction $ 3,100.00
225-4141-572-61.48 D.G.E. Swinton Avenue
Beautification $ 3,100.00
, '
.'
-'
(10) TOTAL $ 3,100.00 $ 3,100.00
JUSTIFICATION:
Funds available in Road Reconstruction Account due to reduction of consultant
design fees; supplemental funds needed for Swinton Avenue Beautification Account
for consultant design fees.
I.. ~~ -
d~
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
. ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
.,
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-
.... .
.
, AGREEMENT FOR ARCHITECTURAL SERVICES
, ,
.
..- ,
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project: Swinton Avenue
Beautification
and Drainage
Improvements
Submitted By: A. Grant
Thornbrough
& Associates
Date: October 20, 1992
.-
.,
TABLE OF CONTENTS . ,
~
I. Definitions; General Considerations 1
II. General Duties of Consultant 3
III. Duties of Consultant; Master Plan/
Schematic Design Phase through Construction
Administration Phase and Resident Project
Representative services Phase 4
A. Phase I - Master Plan/Schematic Design Phase 5
B. Phase II - Design Development Phase. 5
C. Phase III - Construction Documents Phase 6
D. Phase IV - Bidding/Negotiation Phase 7
E. Phase V - Contract Administration Phase 7
F. Phase VI - Resident Project Representative Services 11
Phase
IV. Data and Services to be Pro~ided by city 15
V. Time of Performance 16
VI. Agreement Period 16
VII. Compensation 16
VIII.Payment 19
IX. Miscellaneous Provipions 19 ..
A. Ownership of Documents 19
B. Copies of Documents 19
C. Insurance 20
D. Litigation Services 22
E. Authority to Contract 22
F. Assignment 23
G. . Confidential Information 23
H. Non-Exclusive contract 23
I. Sub-Contractors 23
J. Notices 24
K. Attachments 24
L. Truth-In Negotiation certificate - " 24
M. Records 24
N. Personnel 25
O. Equal Opportunity Employment 25
P. Prohibition Against Contingent Fees 25
Q. Termination 25
R. Indemnification 26
s. Interest of the Consultant 27
'T. Compliance with Laws 27
U. Jurisdiction; Venue 27
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V. Attorney's Fees 27
W. Internal Disputes Between Owner and Consulant 28
X. Project Scheduling 28
Y. Extent of Agreement 28
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Exhibit A: Service Authorization(s) (sample)
B: Hourly Rate Chart (sample)
C: Invoice (sample)
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AGREEMENT FOR ARCHITECTURAL SERVICES
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THIS AGREEMENT, made and entered into this _ day
of , 19 -' by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY", and
A. Grant Thornbrough & Associates
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hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY has provided notice of the desired
professional services and carried out the proper selection
process pursuant to and in accordance with the Consultant's
Competitive Negotiation Act; and, . .
WHEREAS, the CI'rY represents that it is a Florida
municipal corporation with the authority to engage the CONSUL-
TANT and accept the obligation for payment for the services
desired; and,
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, the CONSULTANT desires to provide such
professional services in accordance ,with this AGREEMENT and
SERVICE AUTHORIZATIONS.
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
. understood and agreed as follows:
I. DEFINITIONS; GENERAL CONDITIONS
.
A. THE SCOPE OF WORK is to be implemented in phrases as
set forth by this Agreement and by SERVICE AUTHORIZA-
TIONS, which are attached hereto and made a part
hereof, and as also may be'added as approved by the
city from time to time.
B. 'A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'p and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
authorization is est..tblished in the CITY Code of
Ordinances with provisions for expenditure levels of
approval authorizations. A sample form of the
uorvlco ill! t110 1- i :r. i.t t Ion iu i\ t l:i\chod tiS Exhibit "A" to
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.~ this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for comple-
tion of the particular phase of the work by CONSUL-
TANT shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
work to be performed; the budget cost, complete with
an itemization of manhours, wage rates, reimbursable
expenses, and other related costs; schedule for
completion and name of project manager. The SERVICE
AUTHORIZATION shall be, signed by the CITY and the
CONSULTANT'S author i zed representati ve. . A CITY
purchase order shall be issued with autho'rization
identifying funds and amount of expenditures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. CONSTRUCTION COSTS sh~ll be the total estimated cost
to the CITY of all elements' of the project designed
or specified by tne CONSUL'I'ANT. Construction costs
'" . shall include the cost at current market rates of
labor and materials furnished by the Contractor and
equipment designed, specified, selected or specially
provided for by the CONSUL'l'ANT, plus a reaso,nable
allowance for the contractor's overhead and prof it.
In addition, a reasonable allowance for contingencies
shall be included for market conditions at the time
of bidding and for changes in the work during con-
struction. Construction cost does not include the
compensation of the CONS\lLTANT or Consultant's
. subconsultants, the cost of the land, rights-of-way,
financing or other costs which are the responsibility
" of the CITY. The CONSULTANT shall use .i.ts best
judgment as a design professional familiar with the
construction industry in estimating the construction
cost. '
D. PHASES: A phased approach may be utilized. The city
and the Consultant shall have the right to negotiate
the terms of each phase as contained within each
service authori~ation, a~d' to reject any ~ervice
authorization, if the parties cannot agree to the
terms of the service authorization. In the event the
parties cannot agree, .the city may select the next'
ranked proposer or go out for additional proposals in
order to complete the subsequent phase(s) of the
,,' project.' This phased approach shall not waive the
city's right to terminate the Consultant's contract
during any ph~se of the project.
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II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the, CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services requir-ed under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards.. No employer/employee relationships shall
, be deemed to be estahlished and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
Professional and Technical Services. " It shall be the
B.
responsibility of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE ' ,
AUTHORI ZA'l'IONS, which will. be made a part of this
AGREEMENT'upon execution by both parties. .
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C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
D. The City has established a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the City, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the design phase of the prclj ect;
however, nothing contained herein shall require the
CONSULTANT to bear additional costs if the additional
costs are a result of a cha)1ge in the scope of
services directed by the city.
E. The CONSULTANT shall be responsible for the pl'ofes-
sional quality, technical accuracy, timely cClmple-
, . tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished oy the CONSUL'l'ANT under this
AGREEMENT. If the CITY determines there are any
errors, omissions or other deficiencies in the
CONSUL'rAN'l" S designs, drawings, specifications,
reports and other services, the CONSULTANT shall,
without additional compensation, correct or revise
said errors or omissions to the satisfaction of the
CI'l'Y. .-
F. Approval by the CITY of drawings, designs, specifica-
tions, . reports and incidental professional services'
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or materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibili,ty for the
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
G. The CONSULTANT and its subconsultants shall have no
responsibility for the discovery, presence, handling
or removal or disposal of or exposure of persons to
hazardous materials in any form existing prior to
construction at the project site, including but not
limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or any other toxic
substances.
H. The CONSULTANT designates A. Grant Thornbrough ,
as its representative to act as liaison with the
CITY. The representative shall manage and coordinate
CITY projects and is hereby authorized to act on
behalf of the CONSULTANT to negotiate and approve
SERVICE AUTHORIZATIONS and act on any other related
matter with respect to performance of services for
the CITY in accordance with the AGREEMENT. Any
change to name another person shall be requested in
, writing to the CITY, and shall be approved by the
city.
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I. CONSULTANT shall attend all meetings, as specified or
as defined ,in each SERVICE AUTHORIZATION of the city
commission or any city approval Board, where the
project is discussed, unless. the city's repr€senta-
ti ve declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all additional meetings as may be required to
facilitate the project.
III. DUTIES OF CONSULTAN'r; MASTER PLAN/SCHEMATIC DESIGN
PHASE THROUGH CONSTRUCTION ADMINISTRATION PHASE AND
RESIDENT PROJECT HEPRESENTATIVE SERVICES PHASE
',' The following Duties of CONSULTANT are separated into
phases of the project which if approved via SERVICE AUTHORIZA-
TIONS shall be performed by the CONSULTANT. The City may
require SERVICE AUTHORIZATIONS which contain additional re-
quirements applicable to the project. The city must authorize
through service authorizations, the commencement of each phase
of the work.
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A. Phase I - Master Plan/Schematic Design Phase
If the Master Plan/Schematic Design Phase is author-
ized, the following requirements shall apply.
(1) The CONSUL'I'ANT shall consult with the city to
ascertain the requirements of the project and
shall arrive at a mutual understanding of such
requirements with the CITY.
(2) The CONSULTANT shall review with the CITY
alternative approaches to design and construc-
tion of the project.
(3) Based on a mutually agreed upon program, the
.,' CONSULTANT shall prepare a Master site Plan
meeting the requirements of the city's Code of
Ordinances.
(4) The CONSULTANT shall prepare, for approval of
the CITY, schematic design documents consisting
of drawings and other documents illustrating the
scale and relationship of project components
based on the mutually agreed upon project,
schedule and construction budget requirements.
.
(5) The CONSULTANT shall prepare a preliminary
, , evaluation of the CITY'S project, schedule and
construction budget requirements and submit a
statement of probable construction cost based on
current area, volume or other unit costs which
" shall be updated throughout the schematic design
phase, and subsequent phases of the project.
B. Phase II - Design Development Phase
If the Design Development Phase is authorized, the
following requirements will apply:
(1) The CONSULTANT sha'll prepare for approval of the
CITY, design development documents consisting of
drawings and other documents to fix and describe
- ,. the' size and character of the project as to
architectural, structural, mechanical and
electrical systems, materials and such other
elements as may be appropriate based on approved
schematic design documents and any adjustments
authorized by the CI'l'Y. The CONSULTANT shall
consider the availability of materials, equip-
ment, labor, c0nstruction, sequencing, schedul-
ing, economic analysis of construction and
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operations, user safety and maintenance require-
ments and energy conservation. ,
(2) Advise the city if additional data or services
are necessary and assist the city in obtaining
such data and services.
(3) Furnish the specified number of copies of the
design development documents as contained within
the SERVICE AUTHOR~ZATION and present and review
them with the CITY. .
(4) .The CONSULTANT shall submit to the CI'l'Y a
preliminary estimate of construction costs b~sed
',' , on current area, volume or other unit costs,
which shall be updated throughout the design
development ph~se.
(5) The CONSULTANT shall prepare a development
schedule, which shall include, but shall not be
limited to, the reviews and approval times by
all governmental agencies as may be required.
(6) The CONSULTAN'r shall make available all design
calculations and associated Data, and partici-
. pate in meetings in which Value Engineering
Analysis of the project takes place, at such
, ' times and places as, shall be determined by the
city
C. Phase III. Construction Documents Phase.
If the Construction Documents Phase is authorized,
the following requirements shall apply:
(1) The CONSULTANT shall prepare construction
documents consisting of drawings and specifica-
tions setting for:th in detail the requirements.
for construction of ~he project based on design
development: documents and any. further adjust-
,.,-,. ments in the scone or quality of the project or
in the construction budget authorized by the
CITY.
(2) The CONSULTANT shall in the preparation of
drawings and specifications, take into account
all currently prevailing codes and regulations
governing construction in the city of Delray
Beach, Florida, and shall meet the requirements
of all other agencies or governmental authori-
ties having jurisdiction over the project.
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(3) The CONSULTAWf shall prepare a detailed opinion
of probable cost in accordance with Paragraph
IC, which shall be reviewed by the City prior to
going out for bids.
(4) The CONSULTANT shall provide the . required
documents and attend meetings as necessary for
the approval of governmental boards, agencies or
authorities having jurisdiction over the
project. .
(5) The CONSULTANT shall use bid documenta provided
'by the CITY in~luding, but not limited to,
bidding forms, cond i tions of the contract, and
'.. . form of AGREEMENT between the city and
Contractor.
(6) The CONSULTANT shall' prepare all doc~ments
including design and plan revisions required for
the approval of governmental authorities having
jurisdiction over the project. Said approvals
are required prior to the public notice for the
Invitation to Bid. The submissions of applica-
tions, therefore, are the responsibility of the
. CONSULTANT.
.' (7) The CONSULTANT shall provide the city copies of
contract documents, as.specified in the SERVICE
AUTHORIZATION.
D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following
requirements shall apply:
(1) The CONSULTANT shall assist the city in pbtain-
ing bids or negotiated proposals, assist in
awarding and preparing contracts for construc-
tion, attend pre-bid conferences, prepare
addenda, .provide written recommendation of
award, assist in the attainment of the required
. .0,", bonds and certificates of insurance.
E. Phase V - Construction Contract Administration Phase
If Contract Administration is authorized, the follow-
ing requirements shall apply:
(1) The CONSULTANT shall provide administration of
the contract for construction as set forth
herein and as contained within the general
conditions of the contract for construction.
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(2) The CONSULTANT shall be a representative of and
shall advise and consult with the CITY durlng
construction and until final payment to the
contractor is due. The CONSULTANT shall have
authority to act on behalf of the CITY, only to
the extent provided in this AGREEMENT and as
provided in the contract for construction unless
otherwise modified by written instrument.
(3) The CONSULTAN'l' shall visit the site a~ regular
~ntervals appropriate to the stage of construc-
tion or as otherwise agreed to by the CITY and
',' . the CONSULTANT, in writing, to become generally
familiar with the progress and quality of the
work completed and shall determine in general if
the work is being performed in a manner indicat-
ing that the work when completed will. be in
accordance with the contract documents. The
CONSULTAN'r shall be required to make on-site
observations to review the work. The CONSULTANT
shall keep the CITY informed of the progress and
quality of the work and shall protect the Owner
against defects and deficiencies in the work of
. the Contractor.
, , (4) The CONSUL'l'AN'l' shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques, se-
quences or procedures or for safety precautions
and programs in connection with the work, since
these are solely the Contractor's responsibility
under the contract for construction. The
CONSULTANT shall make every reasonable effort to
ensure that the Contractor completes the work in
accordance with his schedule and carries out the
work in accordance with the Contract documents. ,
(5) The CONSULTANT based on observations and evalua-
,.",., tions of Cc;mtractor' s, applications for payment,
shall review and certify the .amounts due the
Contractor.
(6) The CONSULTANT'S certification for payment shall
consti tute a representation to the CITY, based
on'the CONSULTANT'S observations at the site as
provided herein and on the data comprising the
Contractor's appl icat ion for payment, that the
work has progressed to the point indicated and
that, to the best of the CONSULTANT'S knowledge,
information, and belief, the quality and quanti-
ty of the work is in accordance with the
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contract documents. 'rhe foregoing representa-
tions are subject to an evaluation of the work
for conformance with the contract documents upon
substantial completion, to results of subsequent
tests and inspections, to minor deviations from
the contract documents, correctable prior to
completion and to specific qualifications
expressed by the CONSULTANT. The issuance of
the certificate of payment shall further consti-
tute a representation that the CONSUT.JTANT has
made observations to review the quality or
. . quantity of the work.
(7) The CONSUL'l'ANT shall recommend disapproval or
rejection of CONTRACTOR'S work to the crry which
does not conform to the contract documents., The
CONSULTANT will have authority to require
additional inspection or testing of the work in
accordance with the provisions of the contract
documents, whet'ler or not such, work is
fabricated, installed or completed.
. (8) The CONSULTAN'l' shall review and approve or take
other appropriate action upon contractors
, , submittals such as shop drawings, product data,
and samples for the purpose of checking for
conformance with information given and the
design concept- expressed in the contract docu-
ments. The CONSULTAN'r shall evaluat~ and
.., determine the acceptability of substitute
materials and equipment proposed by CONTRACTORS.
(9) The CONSULTAN'r shall prepare change orders and
construction change directives with supporting
documentation and data if deemed necessary by
the CONSULTANT, for the CITY'S approval and'
execution in accordance with the contract
documents, and may authorize minor changes in
'..'. .(, the work not involving an adjustment in the
contract sum or an extension .of the contract
time which are not inconsistent with the intent
of the contract documents.
(10) The CONSULTAN'l' shall conduct inspections to
determine the date or dates of substantial
completion and the date of final completion,
shall receive and forward to the CITY for the
CITY'S review and records, written warranties
and related documents required by the contract
documents and assembled by the Contractor clnd
shall issue a final certificate for payment upon
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compliance with the requirements of the contrac-
tor. documents. .
(11) The CONSULTANT sha)l interpret matters concern-
ing performance of the owner and contractor
- under the requirements of the contract documents
. ..,. . on written request of either the owner or
contractor. 'I'he CON S U I..'l'A NT , S response to such
requests shall be made with reasonable prompt-
ness and within any time limits agreed ~pon.
(12) Interpretations of the CONSULTANT shall be
consistent with the intent of and reason'lbly
inferable from the contract documents and shall
be in writing or in the form of drawings. Whpn
making such interpretations, the CONSULTAN']'
shall endeavor to secure faithful performance by
both the CITY and the Contractor.
(13) The city shall be the final arbiter on matters
~ relating to aesthetics.
(14) The CONSULTANT shall render written interpreta-
tions within a reasonable time on all internal
disputes between the CI'l'Y and CONTRACTOR relat-
ing to the execution of the progress of the work
as provided in the contract documents.
(15) The CONSULTANT'S interpretations on internal
disputes are not binding on the CITY and the
CITY may result to remedies afforded' by this
contract to resolve the issue.
(16) The CONSULTANT shall provide the number of sets
of the construction documents to the CONTRACTOR
as specified in the SERVICE AUTHORIZATION.
(17) Upon completion of construction, the CONSULTANT
"" shall provide"to the CITY, three sets of record
drawings, signed and' sealed, plus one set of
mylars incorporating as built conditions and
other data furnished by CONTRACTOR(S) to CONSUL-
TANT.
(18) In company with the CITY, the CONSULTANT shall
visit the project to observe any. apparent
defects in the completed construction, ass ist
the CITY in consultations and discussions wi th
. CONTRACTOR(S) concerning correction of such
deficiencies, and make recommendations as to
replacement or correction of defective work.
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Phase
If the Resident Project Representative Servic~s'Phase
is authorized the following requirements shall apply:
A. A Resident Project Representative, will be
assigned to assist CONSULTANT in carrying out
his responsibilities to CITY at the site.
. Resident Project Representative is CONSULTANT'S
agent at site, will act as directed by and under
, , the supervision of CONSUIJTANT, and will confer
with CON SULT l\N'1' regarding Resident Representa-
tive's ACTIONS. Resident Representative's
dealihg in matters pertaining to the on-site
work shall in general be with CONSUL'l'ANT and
... CONTRACTOR keeping the 'CITY advised as neces-
sary. Resident Project Representative's deal-
ihgs with subcontractors shall only be through
or with the full knowledge and approval of
CONTRACTOR. Resident Project Representative
shall generally communicate with the city with
the knowledge of. and under the direction of'
CONSULTANT.
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,-,j.,.... . . B. Resident Project Representative shall where
applicable: .
1- Review the progress schedule, schedule of
Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult
with CONSULTANT concerning its general
acceptability.
2. Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress
meetings, job conferences and other
project-related. meetings, and prepare and
. . circulate copies of minutes thereof.
3. Working principally through CONTRACTOR'S
superintendent, assist CONSULTANT in
serving as the city's liaison with CONTI~C-
TOR, when CONTRl\C'l'OR' S operations affect
the City's on-site operations.
4. Assist in obtaining from the city addition-
al details or information, when required
for proper execution of the Work.
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5. Record date of receipt of Shop Drawings and
samples.
6. Receive samples which are furnished' at the
site by CONTRAC'l'OR, and notify the CONSUL-
TANT of availability of samples for exami-
nation.
7. Advise the CONSULTANT and CONTRACTOR of the
. commencement of any Work requiring a Shop
Drawing if the submittal has not been
, . approved by the CONSULTANT.
8. Conduct on-site observations of the Work in
progress to assist the CONSUL'rANT in
determining if the Work is, in general,
"-' proceeding in accordance with the Contract
Documents.
9 . Report to the CONSULTANT whenever Residen-
tial Project Representative believes that
any Work is unsatisfactory, faulty or
defective 0+ does not conform to the.
Contract Documents, or has been damaged, or
does not meet the requirements of any
. . OJ'. 04,' inspection, test or approval required to be
made; and advise the CONSULTANT of Work
that Re-sldent Project Representative
believes should be uncovered for observa-
tion, or requires special testing, inspec-
tion or approval. Not.hing herein sh~ll
relieve the CONTRAC'l'OR or the CONSUL'l'ANT
from the duties imposed by contract.
10. Verify that tests, equipment and systems
startups, and operating and maintenance
training are conducted in the presence of
appropriate personnel, and that CONTRACTOR
maint~ins adequate records thereof; and
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observe, record and report to the CONSUT,-
TAN'r appL'opriate details relative to the
test procedures and startups.
11- Accompany visiting inspectors representing
public or other agencies having jurisdic-
tion over the Project, record the results
of these inspections and report to the
CONSULTAN'l'.
12. Report to CONSUL'r/\N'r when clarifications
and interpretations of the Contract
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Documents are needed and transmit to
CONTRACTOR clarifications and interpreta-
tions as issued by the CONSULTANT.
13. Consider and evaluate COHTRACTOR I S sugges-
tions for modifications in Drawings or
Specifications and report with Resident
. Project R~presentative's recommendations to
the CONSULTANT. Transmit to CONTRACTOR
" decisions as issued by the CONSUL1ANT.
14. Maintain at the job site orderly files for
correspondence, reports of jOb conferences,
Shop Drawings and samples, reproductions of
" original Contract Documents including all
Work Directive Changes, Addenda, Change
Orders, Field Orders, additional Drawings
issued subsequent. to the execution of the
Contract, CONSULTANT'S clarifications and
interpretations of the Contract Documents,
progress reports, ahd other Project related,
documents. '
""... 15. Keep a diary or log book, recording CON-
TRACTOR hours on the job site, weather
conditions, data relative to questions of
Work Directive Changes, Change Orders or
changed ""Conditions, 1 ist of job site
visitors, daily activities, decisions,
observations in general, and specif ic
observations in more detail as in the case
of observing test procedures; and send
copies to the CONSUL'l'AN'r.
16. Record all names, addresses and telephone
numbers of the CONTRACTOR, all subcontrac-
tors and major suppliers of material and
. equipment.
17. Furnish the CONSULTANT periodic reports as
required of progress of the Work of the
CONTRACTOR's compliance with the progress
schedule and schedule of Shop Drawing and
sample submittals.
18 ~ Consult with the CONSULTANT in advance of
schedule major tests, inspections or start
of important phases of the Work.
19. Draft proposed Change Orders and Work
Directive Changes, obtaining backup
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material from CON'l'RACTOR and recommend to
the CONSULTANT, Change Orders, Work
Directive Changes, and Field Orders.
20. Report immeJiately to the CONSOLTANT and
the CITY, upon the occurrence of any acci-
. dent.
21. Review applications for payment with
, ' CONTRACTOR for compliance with tne estab-
lished procedure for their submission and
forward with recommendations to the CONSUL-
TANT, noting particularly the relationship
.. of the payment requested to the schedule of
values, Work completed and materials and
equipment delivered at the site but not
incorporated in the Work.
22. During the course of the work, verify that
certificates,' maintenance and operation.
manuals and' other data required to be
assembled and furnished by CONTRAC'l'OH are
. .." . applicable to the items actually installed
and in accordance with the Contract Docu-
ments, and have this material delivered to
the CONSULTANT for review and forwarding to
city prior to final payment for the Work.
23~' . Before the CONSUL'l'AN'l' issues a certificate
of Substantial Completion, submit to
CONTRACTOR a list of observed items requir-
ing completion or correction.
24. Conduct final inspection in the company of
the CONSULTANT, the city and the CONTRACTOR
and prepare a final list of items to be
. completed or corrected.
25. Obser~e that all items on final list have
been completed or corrected and make
recommendations to the CONSULTANT concern-
ing acceptance.
c. The Resident Project Representative shall not:
1. Authorize any doviation from the Contract
Documents or substitution of materials or
equipment.
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2. Exceed limitations of the CONSUVfANT'S
author i ty" as set forth in the Contract
Documents.
3 . Undertake any of the responsibilities of
CONTRACTOR, subcontractors, or CONTRACTOR'S
. superintendent.
4. Advise on, issue directions relative to or
, , control aspect of the
assume over any
means, methods, techniques, sequences or
procedures of construction unless such
advice or directions are specifically
'" required by the contract Documents.
5. Advise on, issue directions regarding or
assume control over safety precautions and
programs in connection with the Work~
6. Accept Shop . Drawing or sample submittals,
from anyone other than Contractor.
,...1...... ' 7. , Authorize the city to occupy the Project in
whole or in part.
8. Participate,in specialized field or labora-
tory tests or inspections conducted by
others exbept as specifically authorized by
'" . the CONSULTANT.
IV. DATA AND SERVICES TO BE PROVIDED BY TIlE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
. - information the CONSULTANT and CITY mutuall}'
as
deem necessary and which are under control of
the CITY.
B. Other data and services to be agreed upon in
subsequent SERVICE AU'l'1l0RIZATIONS.
C. Pay for all legal advertisements incidental to
. Obtaining bids or proposals from contractors.
D. . The CITY Manager or his designee shall act as
the CITY'S representative with respect to the
..... work to be performed under this AGREEMENT. The
CITY Manager or his designee shall have the
authority to the extent authorized by the CITY
Charter and Code of Ordinances to exercise the
15
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,
rights and responsibilities of the CITY provided
in this contract. Said authority may include
but is not limited to: transmit instructlons,
jtop work, receive information, interpret CITY'S
policies and decisions with respect to materi-
'als, equipment, elements, and systems pertinent
,,' . to t.he services covered by this AGREEMENT.
E. Pay all permit application filing fees.
.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after
issuance of a Notice to Proceed.
. B. The CONSULTANT'S services' called for under the
AGREEMENT'shall be completed in accordance with the
J. schedule contained in each SERVICE AUTHORIZATION. If
the CONSULTANT'S services are unreasonably delayed by
the CITY in excess of 180 days, the time of perfor-
mance and 'compensation shall be renegotiated, provid-
ed; however, the CONSULTANT as a condition precedent
Eo renegotiation shall notify the City within fifteen
(15) calendar days at the end of the delay of
CONSULTANT'S proposed additional costs incurred by
reason of said delay. .
VI. AGREEMENT PERIOD
The period of service is from the date of execution of
. this AGREEMENT until such time as all outstanding SERVICE
,.", AUTHORIZATIONS issued have been completed. Each Service
Authorization shall delineate a time for completion of the
service to be rendered.
VII. COMPENSATION
A. The CITY will compensate 'the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION .in
accordance with a negotiated lump sum, or a not to
exceed budgeted amount based on time charges which
are based upon hourly rates, plus reimbursable
expenses if compensation is based on Method II and
other related costs as are specified in the SERVICE
~ AUTHORIZATION.
1. METHOD 1 - LUMP SU.M
Lump Sum Amount. Wherever possible, the scope
of services for Services, projects or Programs
16
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shall be thoroughly defined and outlined prior
to its authorization. The CITY and CONSULTANT
shall mutually agree to a lump sum amount for
services to be rendered and a detailed scope of
services. Should the CITY deem that a change in
the scope of services is appropriate, then a
. decrease or increase in compensation shall be
authorized in writing. In lump sum contracts,
, , the CONSUL'rAN'r shall submit the estimated
manhours, wage rates and other actual unit costs
supporting the compensation. The CONSULT~NT
shall submit a truth in negotiation certificate
stating that all data supporting the cOrrlpensa-
..,
tion is accurate, complete and current at the
time of contracting.
2. M~TJlOLIJ - TIMES CHARGES! NO'l' TO EXCEED J3UDG{rr-
ED AMOUN'r
Computation of ''fjj11e_Cha]:@.s..Ll!9t to l~K9..~_ecl '
Amount. When a service is to be compensated for
on a time charge/not to exceed basis, the
,..J. ... CONSUL'rANT will submit not to exceed budget
a
cost to the CITY for prior approval based on
actual time charges which shall not exceed
established hourly rates as shown in Exhibit B
attached hereto, plus reimbursable expenses and
other related- costs. The CITY shall not be
obligated to reimburse,the CONSUL'rANT for costs
incurred in excess of the not to exceed cost
amount.
a. The CI'1'Y agrees to pay the CONsuurANT
compensation for services rendered based
upon the established raw hourly salary
. rates as shown in Exhibit B for services
rendered on CI'I'Y projects multiplied by an
overhead factor containing a ten percent
(10%) profit, which shall not exceed 3.0.
The overhead factor may be subject to
audit. The schedule of hourly rates as set
forth in Exhibit B is attached hereto and
made a part hereof. The rates listed in
Exhibit B may be adjusted upon AGREEMENT of
the parties.
b. In addition, the CITY shall pay for reim-
bursable expenses invoiced at the actual
cost of expenditures incurred by the
CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
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(1) Actual expense of transportation
and lodging in accordance with
CITY policy in effect at the time
of travel when traveling in
connection with each SERVICE
, AUTHORIZATION, express courier
charges, and permit fees paid for
securing approval of authorities
having jurisdiction _ over the
project. .
.,' , (2)' Actual expense of reproductions,
of Drawings and Specifications
including duplicate sets of tht~
completion of each SERVICE
AUTHORIZATION for the . CI'l'Y IS
review and approval.
(3) Actual expenses of testing,
laboratory services, and field
-equipment.
.
(4) Actual expense of overtime work
requiring higher than regular
" rates, when authorized by the
CITY.
(5) A~tual expense of Auto Travel at
,., the established CITY rate per
mile for travel outside Palm
Beach County.
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an addition-
al ten percent (10%) of, the cost of these services to
compensate CONSULTANT, for the procuring and manage-
ment of the . sub-consultant, and for the other
"..., financial and administrative costs. Subcontractual
services shall }::>e approved by the CITY in writing
prior to performartce of the subcontractual work.
C. Total Compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost listed
upon each SERVICE AUTHOR I ZA'l'ION , without written
approval.
D. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
o MENT was increased by any signif icant sums because
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the CONSULTANT or any subcontractor furnished incom-
plete or inaccurate costs or pricing data, then such
price or cost or profit shall be reduced accordingly
and the SERVICE AUTHORIZATION shall be reduced
accordingly and the SERVICE AUTHORIZATION shall be
. modified in writing to reflect such reduction.
, , VIII.PAYMENT
The CITY agrees that it will use its best effort to pay
.the CONSULTANT' within thirty (30) calendar days from
, presentation of the CONSULTAwr'S itemized report and
invoice and approval of the CITY'S representative, unless
additional time for processing is required for payments
for basic services, subcontractual services, and reimburs-
able expenses as defined in section VII. The CONSlIL'rAN'r
shall submit monthly invoices, as required in the SERVICE
AUTHORIZATION, which shall include a report of work
completed during the respective invoice period. Invoices'
shall be in a format consistent with those shown in
Exhibit C. The report shall be adequate in detail to
. "'descr ibe work progress (% complete for each task) and
written summaries of work completed. No payment request
shall exceed the value of work and services performed by
the CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. Ownership Documents:
All reproducible mylar drawings and C.A.D. disks in a
format compatible with CI'l'Y , S Computer system shall
be given to the CITY. Detai.ls, design calculations,
and all other documents and plans that result from
. . the CONSULTANT'S SSRVICES under this AGREEMENT shall
become and remain the property of the CITY, includinq
copyright rights, whether the project is completed or
not, and will be delivered to the CITY upon demand.
CONSULTANT rese~ves the right to retain a copy of all
such documents for record' purpos.es. Where such
documents are required to be filed with governmental
agencies, the CONSULTANT will furnish copies to the
CITY upon request. The contract work is represented
by hard copy documentation; software, is provided to
the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the
city's processes, as well as other governmental
. ,-
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authorities. See also section III (C) (7) for addi-
tional requirements. 'rhe CITY acknowledges that the
materials cited in Paragraph IX A. and other data
provided in connection with this Agreement which are
provided by the CONSULTANT are not intended for use
. in connection with any project other than the project
for which' such materials are prepared. Any use by
, ' the CITY of such materials in connection with a
project other than that for which such materials were
prepared without prior written consent and adaptation
by the CONSULTAN'l' shall be at the CITY'S sole risk,
and the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
Without limiting any of the other obI igat i'ons or
liabilities of the CONSULTJ\N'r, the CONSULTANT shall,
at his own expense, provide and maintain in forcp., ,
until all of its services to be performed under this
AGREEMENT have been completed and accepted by the
, ,., .'., ~ CITY (or for such duration as it otherwise specified
hereinafter), the following insurance coverages:
1. Worker's Compensation Insurance to apply to all
of the CONSULTANT'S employees in compliance with
the nWorker's Compensation IJClw" of the State of
Florida and all applicable Federal Laws.
A. Employer's Liability with limits o(
$100,000 per person, $500,000 per occur-
rence and $100,000 per each disease.
2. Comprehensive General Liability with minimum
- limits of ~J~OOO~O
per occurrence combined single limit for BocH Iy
Injury Liability and Property Damage Liability.
coverage must be afforded on a form no mor.e
restrictive than the latest edition of the
Comprehensive General Liability policy, without
restrictive endorsements other than ISO Endorse-
ment GL 21 06 (Engineers, Architects, or Survey-
ors Professional Liability exclusion), as Filed
by the Insurance Services Office and must
. include:
a. Premises and/or operations
b. Independent Contractors
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c. Products and Completed operations - CONSUL-
TANTS shall maintain in force until at
least three years after completion of all
services. rf'quired under this AGREEMENT,
coverage for Products and Completed Opera-
.
tions, including Broad Form Property
Damage.
, ,
d; Broad Form Property Damage
.
e. Contractual Coverage applicable to this
", specif ic AGREEMENT.,
f. Personal Injury Coverage with minimum
limits of coverage equal to those required
for Bodily Injury Liability. .
3. Business Automobile 'Liabili ty with minimum
limits of $ 300,000.
per occurrence combined
"tJj.... , single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the
latest edition of the Business Automobile
Liability policy, without restrictive endorse-
ments, as filed by the Insurance Services Office
and 'must include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
- 4. Professional Liability Insurance with minimum
limits of _L3_QJt, 000_ per
occurrence applicable to CITY projects. Cover-
age shall be afforded on a form acceptable to
the CITY. CONSUL'l'J\NT shall maintain such
professional liability insurance until at least
one year after a certificate of Occupancy is
issued.
5. Prior to commencemel1t of services, the CONSUJJ-
TANT shall provide to the CITY certificates of
Insurance evidencing the insurance coverage
specified in the foregoing Paragraphs Cl, C2,
C3, C4. All policies covered within subpara-
graphs C1, C2, C3, C4, shall be endorsed to
provide the CITY with thirty (30) days notice of
cancellation and/or restriction. The CITY shall
.,
....
21
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be named as an additional insured as to CONSUL-
TANT'S liability on policies ref~renced in
subparagraphs C2. The required certificates of
Insurance shall not only name the types of
. policies provided, but also shall refer specifi-
cally to this AGREEMENT and section and to the
, - above paragraphs in accordance with which
insurance is being furnished, and shall state
that such insurance is as required by such
paragraphs of this AGREEMENT. The CONSUI.TAN'r
shall also mal<"e available to the CITY a certi-
.., fied copy of the professional liability insur-
ance policy required by paragraph 4 above for
the City's review. Upon request, the CONSULTANT
shall provide copies of all other insurance
policies.
6. If the initial insurance policies required by-
this AGREEMENT expire prior to the completion of
the services, renewal certificates of Insurance
, .'U. ". of policies shall be furnished thirty (30) days
prior to the date of their expiration. For
Notice of Cancellation and/or Restriction; the
policies must be endorsed to provide the CI'I'Y
with thirty (30) days notice of cancellation
an~/or restriction.
7. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a primary basis.
D. Litiqation Services:
~ It is understood and agreed that CONSULTANT'S servic-
es include reasonable participation in litigation or
dispute resolution arising from this AGREEMENT.
CONSULTANTS participation shall include up to )0
hours of services related to litigation or disputE~
resolution. Any such services in excess of 30 hours
shall be an extra service. .
E. Authoritv to Contract:
The CITY represents that it is a Florida Munic.ipal
corporation with the authority to engage th~ CONSUL-
,'., TANT for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation
for payment for the services described in the SERVICE
AUTHORIZATIONS.
... ,
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F. Assignment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
. other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
.' such other party, in respect to all covenants of thiR
AGREEMENT subject to budget considerations and
requirements of law; and, npi ther the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMEN'r without the written consent vf the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract,' all' discussions between the
CITY and the CONSULTANT and all information developed
,."" or work products produced by the CONSULTANT during
its employment and all matters relevant to the
business of the CITY tlot otherwise being a matter of
public record shall be deemed to be confidential.
All such information and work product shall be
protected by the CONSULTANT and shall not be revealed
to othe~ persons without the express written permis-
sion of the CITY, unless mandated by order of the
court. -
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms pursuant to the Florida Statutes Consul-
.~ tant's Competitive Negotiations Act dllring the period
of service of the CONSTJI/l'AN'l'. The CONSUL'rAN'l' agrees
to cooperate with the CITY and other firms in accom-
plishing work that may require joint efforts to
accomplish the CITY'S goals. This cooperation, when
requested by the CITY, ~ill include but not be
limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
I. Subconsultants:
In the event the CONSULTANT, during the course of the
. . , work under this AGREEMENT requires the services of
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any subcontractors or other professional 'associC\tes
in connection with services covered by this AGREE-
. MENT, CONSULTANT must secure the prior written
approval of the CITY.
" J. Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered United states mail, with return receipt
requested, addressed to the party for whom it i!;
intended at the place last written, as the place for
giving of notice in compliance with the provision!; of
this paragraph. For the present, the parties 'desiq-
nate the following as the respective places of giving
of notice to wit:
CITY of Delrav Beach
CITY Manager
CITY of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CONSULTAN~
A. Grant Thornbrouqh & Associates
132 North Swinton Avenue
Delray Beach. Florida 33444
K. Attachments:
Request for Qualifications is hereby incorporated
. within and made an integral part of this AGREEMENT.
L. Truth-In-Neaotiation certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factuC\1 unit
costs supporting the compensation of this AGREEMEN'l'
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage 'rates
and other factual unit costs.
M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recoqni7.ed
, . accounting basis and shall be available to the CITY
24
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or its authorized representative at mutually conve-
nient times. .
N. Personnel:.
, '
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performing' the services under this AGREEMENT. All
work shall be performed under the direction of a
Iirofessional, registered under the state of Florida
in the field for which he is responsible for perform-
ing such services. The project manager shall be
approved by the CITY under each SERVICE AUTI:IORIZA-
TION. Key project personnel will be identified for
each project and expected to perform the work assign-
ment as can reasonably ,be expected.
O. Equal opportunity Employment:
. .,.,../"
CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for
work under this Agreement because of race, color,
religion, sex, age or national origin. Such action
shall include, but not be 1 imi ted to the following:
employment, upgrading, demotion or transfer; recruit-
ment advertising; lay-off or termination; rates of
payor other forms of compensation; and selection for
training, including apprenticeship. The CONSUVl'ANT
agrees to post in conspicu~)Us places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
. provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Against contingent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicitor secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
Q. Termination:
. " , This AGREEMENT may be terminated by either party by
seven (7) calendar days prior written notice, in the
event of substantial failure to perform in accordance
25
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with the terms hereof by the other party through no
. fault of the terminating party. The CONSUI,TANT and
the CITY shall also have a right to terminate this
" AGREEMENT for convenidnce at any time by thirty (30)
calendar days written notice to either one or the
other. In the event the project described in any
SERVICE AUTHORIZATION, or the services of the CONSUI,-
TANT called for under any SERVICE AUTHORIZATION, is
or are suspended, canceled, or abandoned by the CITY,
the CONSULTANT shall be ,given five days prior written
notice. of such action and shall be compensated for
the professional services provided and reimbursable
expenses incurred up to the date of suspension,
cancellation or abandonment. The CONSULTANT agrees
to provide all documents to the CrfY (specifically
those referenced in paragraph IX.A. Further, prior
to the CONSULTANT'S destruction of any of the above-
,,,,,. referenced documents, the CITY shall be notified and
allowed a reasonable period to gain access to and
make copies of any such documents. Upon any termin~-
tion of this AGREEMENT, the CONSULTANT agrees that it
shall use its best efforts to work harmoniously with
any successor who enters an AGREEMENT to provide
services for the CITY in order to provide for a
smooth transition period.
R. Indemnification:
The CONSULTANT will at all t.imes indemnify, save and
hold harmless and defend the CITY, its officers,
,. agents (the term agents shall not include the
contractor(s), any subcontractors, any materialmen or
others who have been retained by the city or
Contractor, or materialmen to supply goods or
services to the project) and employees, from and
against all liability, any claim, demand, damage,
loss, expense or cause of action and costs (including
attorney's fees at trial or appellate levels) arising
out of error,. omission, or negligent act of
CONSULTANT, its agents, servants or employees in the
performance of services under this agreement. The
CONSULTANT further agrees to indemnify, hold 'harmless
and defend the city, its officers, agents and
employees from and against any claim, demand or cause
of action arising out of any negligence or misconduct
of CONSULTANT for which the city, its agents,
servants or employees are alleged to be liable. The
indemnifications contained herein shall survive the
expiration or earl~er termination of this Agreement.
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. The monetary limitation on the extent of the
CONSULTANT'S liability shall be one million dollars
" ($1,000,000.00). Nothing in this AGREEMENT shall be
deemed to affect the rights, privileges and
immunities of the CITY as set forth in Florida
Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGkEEMENT
pertains or any other interest which would conflict
in any. manner or degree with the performance of its'
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
,."" : having such interest shall be employed.
T. Compliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the Cl'fY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of building permit
issuance.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
. . approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AU'fIlORIZATIONS.
U. Jurisdiction: Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State civil Courts of Palm
Beach County, Florida. Any dispute between CONSUI,-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach County.
".,
V. Attorney's Fees:
In the event a suit is filed in court arising out of
this agreement, then the prevailing party shall be
entitled to recover from the other party all costs
incurred, includ~ng reasonable attorney's fees,
... , including attorney's fees and costs on appeal.
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W. Internal Dispute in Architectural Contract Between
, , Owner and Consultant:
The City Manager shall be the final decision maker
regarding Internal disputes between CITY and CONSUL-
T ANT. -
X. Project Scheduling:
CONSUL'l'ANT shall provide scheduling to the city based
on the construction scheduling program PRIMAVERA and
provide the city, within ten (10) days of the date of
commencement as contained within the service author-'
ization, a diskette with t.he proposed program sched-
ule. During the course of the work, CONSULTANT shall
, .'" .. . provide monthly updates with a written description of
any changes in the srhedule. The diskette shall be
in a format compatible with the City's computer
system:
Y. Extent of Agreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CrfY and the CONSUL'l'ANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT may not
be amended, changed, modified, or otherwi8e altered
in any way, at any' time after the execution hereof,
- except by approval of the CITY Commission.
IN WITNESS WHEREOF, the CITY has caused thes{~
presents to be executed in its name by its Mayor, and atte9ted
and its official Seal to be hereunto affixed by its CITY Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRl\Y BEACH, FLORIDA
By:
MAYOR
ATTEST:
city Clerk
Approved as to' For~:
CITY Attorney
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~ _ CONSULTANT [ A. Grant Thornbrough]
, . ~ tj. & Associates
. ~ . 71 By: Q CY\ I I-. .-.A-..
witnes v
(Seal)
. v:zJ!
witness fi.
,
ACKNOWLEDGEMENT IF CORPORATION
State of Florida
'County of Palm Beach
BEFORE ME, the foregoing instrument, this day
of , 19 , was acknowledged by
-, on behalf of the Corporation
and said person executed the same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
aforesaid this day of , 1990.
Notary PUblic
(SEAL) My Commission Expires:
.
ACKNOWLEDGEMENT IF AN INDIVIDUAL
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named 'above to
~ take acknowledgments, personally appeared Grant Thornbrough
, known to me to be the person in and
who executed the foregoing instrument, and acknowledged before
me that he/she executed the same.. y!
cC::6 SWORN TO AND SUBSCRIBED before me this {)..O - , day
of &1:J~fl-' ,1992-. .~
..' ~ ~<"
~otary Pub11C
My commission Expires:
Q1" t~ SANDRA ULUE
2 9 t:( .. T: ~ COMMISSION I CC 192655 fXPRS
."~. May 2,1996
/If'i~ " IONOEO THAll 00t' f~ lNSIJlANCE, 11<<:.
'.
v
.
, , ACKNOWLEDGEMENT IF A PARTNERSHIP
State of Florida
, County of Palm Beach'
r HEREBY CERTIFY that on this date' before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared .
, known to me to be the person . 1n and
who executed the fo-regoing instrument as a partner of
, a partnership. He/She
acknowledged before that he/she. executed the same as the act.
and deed of said partnership for the uses and purposes therein
"mentioned.
. ....1.,....' ,SWORN TO AN.D SUBSCRIBED before me this day
of , 19 .
-
Notary Public
My Commission Expires:
.,'. ,
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EXHIBIT B
Hourly Hourly Raw Billable Rate
Raw Salary Salary Rates For This
Rates Times 3.00 Contract
Multiplier
Employer Category
Principal Landscape Architect $36.00 $108.00 $90.00
Landscape Architect/Project Manager $23.33 $ 70.00 $70.00
Landscape Architect $16.75 $ 50.25 N.A.
Landscape Designer/
CAD Operator $13.50 $ 40.50 $45.00
inc. CAD
Clerical $10.00 $ 30.00 $25.00
CAD Station Equipment
Hourly Cost $8.75 $ 8.75 Inc. above
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...
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EXHIBIT C
SAMPLE SAMPLE -- COST NOT TO EXCEED FORMAT
I INVOICE
"
city of Delrav Beach
Project No. Date
Purchase Order No. Client Ref. No.
'I'ask' Order No.; Invoice No.
Description of services under Task Order # .
Period ending: .
LABOR
Class Employee Name Rate Hours Amount
.
, '
Subtotal Labor $
,
EXPENSES
Computer ...
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
.Supplies
Subtotal Expenses
,.1/.4
TOTAL AMOUNT DUE THIS INVOICE $
COST SUMMARY
Contract Amount $
Amount Earned This Period $
Amount Previously Earned
. Amount Remaining $
..
34
'.
~ . . ,
.. ""
EXHIBIT C (continued)
. ,~ , SAMPLE INVOICE -- LUMP SUM FORMAT
INVOICE
city of Delrav Beach
Purchase Order No. Client Ref. No.
Ta:sk ,.Order No. Invoice No.
.'
Description,. of services under Task Order .
, ' Period ending
.
Total Fee . $
...
. % Comp lete $
'Less Previous Billings "
,.
Total Earned This Period $
.
TOTAL AMOUNT DUE THIS INVOICE ' ~'. $
-
, . .~. ...' . .
..
35
'.
.""-,.,-,-",,.,,-,..' ..-.....'...........-..-.-........-.......-..-..',...',,',',','.'.',',",",",',-."-,".,,",',','"',',",'",'.'....,..-,--...........".'.',.,','......,..'.." , ...-.,....--- -....-..- -,-......., ."....,....,-.,..-. ",."".
........,....,...-,.,'......",..':...'-.'................-.-.-..-.... ',._......_..-.-.-..,....-... ,-.....'..- ..'.........---.........'......'.."...,.-.,..,,'.,.,',...:.....:.,........._..........,.:..'<".>:-..,..._.,-,.----.....-,....'..,..'...,,',.:..',,,,,.,,,.,,..,,,,. . ..................,'.-.-.-.._...,'.'....-..,'.','...........'...'......'...-..-.....',..,'.'..,".-......,-.....
... .....-........-..-.-- .......-.............. ...........-............... -'.'-'.. ......... ... .......'............-..- ..... .. . -. .....-. -- - .. ....... .............. .....-...
A..~.lllt. ... nC...........E....... emIEICAmEOEINSl.JRANCEn" .> I88UE DATE (MMIOOIYY)
........ ........ ....... . ...... .... .... ...... ..... ... .. ...... . ..... ... .... ..... .. ... .. ...... ... 10 06 92
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
DORAN & CO. INSURANCE COMPANIES AFFORDING COVERAGE
P.O. 250
.........,-........... .... .............. ....... ................... ................ ............,...................... .................
BOCA RATON FL 33429-0250 COMPANY A
LETTER HARTFORD INS CO
COMPANY B
~URED ~ER
COMPANY C
A G THORN BROUGH LETTER
132 N SWINTON AVE COMPANY D
DELRAY BCH FL 33444 LETTER
fg'4~~Y E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POUCY EFFECnvEPOUCY EXPIRAnoN
Lm TYPE OF ~URANCE POUCY NUMBER DATE (MMlDDIYY) DATE (MMIODIYY) . UMIT8
GENERALUABIUTY 21SBADF4769 12/26/9112/26/92 GENERAL AGGREGATE I
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. .1~,0()().f.()()()..
CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY... 11, ()()O,..()()O..
OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE .. .....Il,,()()()f()()()..
FIRE DAMAGE (Any - fire) ..I}()()J()()()
MED. EXPENSE (Any one ptrIOlI) 15 000
AUTOMOBILE UABILITY COMBINED SINGLE I
ANY AUTO LIMIT
ALL OWNED AUTOS BODILY INJURY I
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY I
NON.oWNED AUTOS (Pet ecctdent)
GARAGE LIABILITY
PROPERTY DAMAGE I
EXCESS UABIUTY EACH OCCURRENCE
UMBRELLA FORM
OTHER 'THAN UMBRELLA FORM
WORKER'S COMPEN8AnON
EACH ACCIDENT I
AND
DISEASE..POLICY LIMIT .
EMPLOYERS'UABIUTY
DISEASE-EACH EMPLOYEE I
O~ LAC004313635 7/02/92 7/02/93 LI 300,000/ 300,000
PROF LIABILITY
DESCRIPnON OF OPERAnONSILOCAnOH8lVEHlCLESISPECIAL rrEMS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS PROFESSIONAL
LIABILITY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1m!DeW(II':[XllQ{
CITY OF DELRAY BCH MAIL ~ DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
100 NW 1ST AVENUE LEFT, !'llXK~~WK-X~c}l.!K~HmX'InR<<~JVIl~NJOOX
DELRAY BCH FL 33444 ~~~~n1(~~JD~J{lX'Kilm{~~
AUTHORIZED REPRESENTAnvE.. ~ ......... tt/......... "'. .......
PETER F DORAN 1/ it;t-,z y. U.f1",.......
ACOFlP25,S(7I90).....6:'.l.4COFUrC()AflOfiAll0Nj99o
'.
f F' lJ II L I 1'1 t b ~. U U I: ~. " :14 ~') ..: :-) ;':"~
r!"'Bl! J ~
'."11. ,.,",1111' "J
lU-I)I-91
F'ROOl/crifl . ".,J...
THIIJ crnrll'IC^11! III 11l9Ulm An ~ "'AIlp.n or "1r~'n"',^TlON n/H Y MIl) CO"/PIll
'In "")IHllll"O'f "H! c:r.nl/1lt.^1r.1I0ll'l<Il. "fl9 CenllrWA1E llDl:'llll,'lT AMtIW,
Rick Llmegrov~r InBu~once Agency llle I'l(lEHlJ on ^L 11;11 lI\E COV\!I\AOe AHOIll)I'O BV HiP. PO\.lCIIHl "now.
3200 North Military Trail #lto --------......<--_._~-"_.~--_.~.-.....------_....,_..---_....-. '-"~-"-
Roea Raton, Fl 33431 COMPANIES AFFORDING COVERAGE
...-.__... .. __._'" _._~...._.____ __""__..._________..,~--.- _,_4__ '_~'. ,_.,-...._.
t.UMP.6,QY ^
LETlPI1 U S Jf & G
..-.--- _.~._-- ,-..- '-"""'-'---. --_._..~ ....-. -
INSi.inru----~--------_.--------. t.OMI'ANY 0
LF.nER
..._ .___......_. _---nd _____. ______.._ .._._____.____. _ .__ .-
A. Grant Thornbt'ough & As.9oC COM"^'~Y C
132 N S\",tnton Avenue LETTF.n
- ...-.-..-.--.-----.- ...--._._-----_.~ ---------- -.'--. -
velray Beach. Fl 33444 COMI'ANY D
l.EIl!,I~
---. -.--..-------- ~.__.....---_._----_. -- -----
Cl1MPMIY E
l.Enl:R
.' ovtHfAOE9 ' . , '. f.ll.'.. 1,"';'1 ,;:s: .'.. ..!oIl ~1"ht.:!'I..;' j.l~\1 "", I I, ..~:,\ ,i.....~).I; :{.\i~'::--:.I.~.\'~ :!.:'~fr:\{'\.li,-,r',~\I:.1l..':~.lo-'I./. ~, ~ \: ..,~;~ v' 1" '''"i...f ~M.~-1' l-
1,. ..
TIll 9 IS to ce'Hlrv mil T POLICIES or IN~vnMICf LISTED OI:LOW IIAve "I'trlIS'WF.fJ TO TIlE "1!'lIJnHl NIIMi10 Jlnove ron WI; POLICY Pf'nIQIlItIOIC^ 1 Ell,
NOTWITI19TI\HUINO NIY nrWUlflEMIHH I lEflM (,n COrlOlllON OF AllY com MeT 011 OHIEn (JO!;UI~E'lT Willi "F.SPE'~ f 10 WlllCIi THIS CfnllFICA1r M,H
8E 198\)EO on \'^ Y PEnT AIN, THE IN9UMNCE ""fORDED bY THE PO\.IC1ES OE:8CnmEl.> HEnEIN 19 8\J9JECI TO ALL THe Tem.,a, EXCLUSIONS, ANO CONDi.
TlONS OF SUCH POLICIE8.
-_. ~ ------ .._- -------------. .-- -"-- --.-..---...---- -----'--- ...........---- -.--.-... --- ...----.., -- .---
co TYPE Of INSURANCE F'OLICY NUMBER PI~llr.y flrFCTI\'! r~)IIr., [,PII\",T10fl Al.L LlM:TS IN rHOlJ8A~\)'
LT~ OAlf IMMOl"WI 0",11 (W.H'(jliil
OW!MLUABiLiTy---- ------------ -- --~---- ~l~mjili~.;r------- $----.....
-........... . --.------.
r,()MMERCIIlL GENEML llA81llfY PR~nl'cT~ COl.1PIOP~ ~Or.R\r,~ IE $
t\.AIMS MAm DOI.'tUl1I1l:NU PfRSf."1'L ~ MNEl\I\SIN(! ItlJ\.:R.( $-------
------......- ~_._-_...__.
OWNERS & CONi MC IOAS rl1()!ECl IV!: ! ACII (\~\'\I~MrIC! $
~^('!IAN:-O~ .---'. $----. -----
-- -.----"---------- -~..-.._.__.-..---
MfOlrAl r~ptNS~ IMlY ONE rf'I~ON)
.-. ~.---- ---- -----
AUTOM09lLE I.IAGILlTY
ANI' AUTQ e'L $
All OWNED AUTOS ---
SCl1l:OUlED AUTOS
HlfleO AUTOS . " ,
NON.OWNEO AUTO.; $
OAAAGE LIABILITY
-- _. --. .....MP~'.
".1;....
OIXURRI'I<:P.
$ $
. OlliEIl TItAN UMllfl!:~l^ ~__ . -----.-...- -------.-..---. ~-_.~---- I '" \ 'o. l~,../\ fl" 11" lJ'lf
~T"'UIOf\(
WORI(ERS 'COMPENSA TlON Y.lllll "~~.. ':""~",~-
A AND 33-08564-92-1 01-04-')2 01-1)4-93 tj_Q.lL......._._~~'~f ~()~If, l""~\_
, . !MPLOYI!RI'UABILITY
__~~__ _______ _ J. l.PO 'DI~(^~f_IJ.~:~\~
01H(R '.
..-...,
, '
"'--'-..0.--- .._______ - -...-----.----.0-- ____.._ ....._._._.....___ ..- .._.-- - ....~ _.____ ------.--.-0.-- __..__________._.___._..__
OE!iCRIPTION OF OPEHA nONS/I.OCA TlONS ,VEHICLes, FleSTRICTlONS' SPECIAL ITEMS
...
.'.
t~'HltICAtl! MOLbl;>> .. ~.I ~ " .'- .: - - . ,,,." " CA tl!L ttUNt'''?j ~..t'~-1~";.:~." ",,X 't.~,. lt~ '. " " ,.1 ~ I,): .' I,,~ I.. h""\ I~
. , . ..,,,
8HOUlDANV OF THE ABOVE O!SCAIBEO POLICies BE CANCELLI!D llE,one THE Ell.
The City of D~ltay . PIRA nON OATe THEneOr, THE 189lJINO COMPMlY WIll.
MAil 30 CAVil WRITTEN NOne!" TO THE Cp.nnnCATE HOLD!!n N^MEO 10 ltl(
I.EFT. BUT FAILURe: TO MAlL SUCH t40llCE SHALL IMP09~ ,~o 015LI<lATIOtl 011
_P.~~!!!.!!!~~ url'" n . '_0."' AP" ,-'" '5!!!!!!.Of1 f1~r!!!!""" ,,,.. ~ I
,. ....--, A(HHOAi \I ~ENlCIVE !
I
.. . . . . , , .. , . .
S'...", tARM
'. LIFE INSURANCE A tM ~ttm FtI/UIe (,(/(1,9/
INSURANCE
.
RICK LIMEGROVER INS. AGENCY, INC.
Auto-Life-Health-Home and Business
3200 N. MILITARY TRAIL, SUITE #110- POTOMAC TRAIL BUILDING
BOCA RATON, FL 33431 PHONE (407) 994-3244
October 1 , 1992
CERTIFICATE ADDRESSEE: THE CITY OF DELRAY BEACH
THIS IS TO CERTIFY THAT STATE FARM FIRE & CASUALTY CO.
BLOOMINGTON, ILL. HAS IN FORCE FOR:
- A. GRANT THORNBROUGH & ASSOCIATES
132 N SWINTON AVENUE
DELRAY BEACH, FL 33444
LOCATION OF OPERATIONS: Same
---------------------------------------------------------------------------
POLICY NUMBER TYPE OF INS. POLICY TERM LIMITS OF LIABILITY
---------------------------------------------------------------------------
27B B707-F17-59E '91 FORD June 19, 1992 $300,000.OOCOMBINED S/L
TAURUS December 19, 1992
577 4549-C03-59A '74 BMW March 3, 1992 $300,000.00 COMBINED S/L
September 3, 1992
79-B4-0811-0 F '91 FORDNovember 9, J.991 EXTENDS FORD AND BMWTO:
'74 BMW November 9, 1992 $1,000,000.00
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,
EXTENDS OR ALTERS THE COVERAGE AFFORDED BY A POLICY DESCRIBED HEREIN.
RICK L
'.
--. ~--
At~tjlll." CERTIFICATE OF INSURANCE ISSUE DATE (MMIDDIYY)
i 10/6/92
PROnllf:FR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
5EITUN & CO. . BROWARD EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
4410 N. STl.\TE RD. 7, #304 COMPANIES AFFORDING COVERAGE
FT. LAUDERDALE, FL 33319
~~NY A CIGNA FIRE UNDERWRITERS INSURANCE COMPANY
CODE SUB-CODE
COMPANY B
INSURED lETTER PACIFIC EMPLOYERS INSURANCE COMPANY
HELLER, WEAVER, AND CATO, INC. COMPANY C
lETTER STEADFAST INSURANCE COMPANY
5667 N.W. 29TH STREET
MARGATE, FL 33063 ~~NY D
INSURANCE COMPANY OF NORTH M1ERICA
~~~~NY E
._- .
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
TR DATE (MMIDDIYY) DATE (MM/DDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 500,
X COMMERCIAL GENERAL LIABILITY PRODUCTS.COMPIOPS AGGREGATE $ 500,
A Dl 75 78 27 3 12/11/91 12/11/92
CLAIMS MADE OCCUR. PERSONAL & ADVERTISING INJURY $ 500,
X
OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE $ 500,
FIRE DAMAGE (Anyone fire) $ 50,
MEDICAL EXPENSE (Anyone person) $ 5,
AUTOMOBILE LIABILITY COMBINED
HO 35 71 21 A 12/11/91 12/11/92 SINGLE $ 500,
A X ANY AUTO LIMIT
ALL OWNED AUTOS BODILY
INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY
INJURY $
NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY PROPERTY
DAMAGE $
EXCESS LIABILITY EACH AGGREGATE
or.CU5R'tfCE
D X Gl 5716186 12/11/91 12/11/92 $2, 0 , $ 2,000,
OTHER THAN UMBRELLA FORM
STATUTORY
WORKER'S COMPENSATION 12/11/91 12/11/92 500,
13 C 37743859 $ (EACH ACCIDENT)
AND
$ 500, (DISEASE-POLICY LIMIT)
EMPLOYERS' LIABILITY
$ 500, (DISEASE-EACH EMPLOYEE)
OTHER
C PROFESSIONAL BINDER 11122308 9/26/92 9/26/93 1,000,
LIABILITY
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONSlSPEClAL ITEMS
I ADDITIONAL INSURED: CITY OF DELRAY BEACH,
j RE: SWINTON AVENUE BEAUTIFICATION PROJECT
-.----.---------.. .-,~-
iCERTIFIC.A TE 'HOLDEFI CANCELLATION
i
i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
I CITY OF DELRAY BEACH
I EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~X<<K
! MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT~KAiMtiitXXlXI{~N.aiUii~~j(jlUOetK
I ~X'K~<<Xl>>,}OOfiliiK~~XX&~~~~
,
AUTHORIZED REPRESENTATIVE ----~_.~- ---. ..,...._, '-{-:J -
ll/t . (~CO-q..) L,~-..~ .)- ~'-'C- - k.__ _ lc --'/... ~ j
ACORD 25-S (3/88) 'DACORD CORPORATION 1983
'.
. .
EXHIBIT A
A.GRANTTHORNBROUGH
CONSULTING SERVICE AUTHORIZATION
DATE: ,1992
SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 225-4141-572-61.48
PROJECT NO: 92-42 (City) 492-490 A. Grant Thornbrough & Associates
TITLE: SWINTON AVENUE BEAUTIFICATION AND DRAINAGE IMPROVEMENTS
This Service Authorization, when executed, shall be incorporated in and
shall become an integral part of the Contract.
I. PROJECT DESCRIPTION
Right-of-way review and ground survey as required for the
development of base plan to be used for the preparation of
construction documents for landscaping, irrigation, selected
lighting and sidewalk improvements, as well as entry/gateway
featu res.
Includes improvements to swale areas and the installation of
curbs and gutters and drainage improvements necessitated by
proposed landscaping. Project must comply with sight distance
requirements, clear recovery area and other traffic concerns.
Includes obtaining approvals from various governmental
agencies, development of design standards, schedules and
budgets, construction plans and specification, bidding
assistance, site inspection and construction administration for
Swinton Avenue from N.W. 22nd Street to S.E. 10th Street
(approximately 3.5 miles) and also includes the vacant City
owned property at the N.E. corner of Swinton and S.E. 10th Street
known as 'PioneerPark'.
II. SCOPE OF SERVICES
A. The services to be provided shall include the following
phases as listed in the Agreement for Landscaping Design and
Civil Engineering Services:
'.
, .
Phase I - Master Plan/Schematic Design Phase
Also included in Phase I:
Consultant shall conduct a survey of the area affected by the
proposed improvements (S.W. 10th. Street to N.W. 22nd. Street) to
provide a site evaluation and analysis which identifies the existing
conditions which may impact, or be impacted by, the proposed
beautification.
Consultant shall identify and provide for all existing and proposed
utility and drainage improvements and relocations based on master
water, sewer and drainage plans as prepared by other City
consultants. Consultant will provide location and mapping services
of certain improvements within right-of-way for landscape and
beautification purposes to include:
-From SE/SW 10th Street to SE/SW 2nd Street, locate
edge of asphalt pavement, driveways and sidewalks.
-From SE/SW 2nd Street to Lake Ida Road/NE 4th Street,
locate edge of asphalt pavement, sidewalks, and
driveways.
-From Lake Ida Road/NE 4th Street to NW 22nd Street,
locate edge of pavement and sidewalks.
-Right-of-way lines according to plats of record and any
additional information (deeds, etc.) provided by the City
of Del ray Beach.
Consultant shall coordinate and provide UNCLE contact and include
all utility locations at same time of s u rv ey work including:
-Power poles
-Electric powe r
- Telephone
-Cable TV/multi media
-Water
-Sewer
-Drainage
-Gas
Topographic information is not included in Service Authorization #1.
Phase II - Design Development Phase
Also included in Phase ,,:
Final designs shall take into consideration adjacent
vegetation on private property. Large trees shall be shown on
the plans and landscape designs shall i nteg rate existing
vegetation with proposed plant materials.
'.
.
All proposed landscaping, entry/gateway featu res and
intersection improvements must be designed to provide for safe
sight distance and adequate clear vehicular recovery area as
outlined in the Florida Department of Transportation, "Manual of
Uniform Minimum Standards". The City of Delray Beach will provide
engineering design services necessitated by this beautification
project. The City shall prepare striping/signage plans where
needed and associated with the proposed beautification, prepare
plans/details showing minor pavement improvements, pavement
removals and minor additions of curbing, identify and address
impacts on drainage due to landscape installation, provide
specifications and cost estimates of aforementioned improvements.
Consultant shall attend all governmental meetings and provide
all services required to obtain approvals from governing bodies
with jurisdiction over this project, which may include but not
be limited to the following:
-Swinton Avenue Task Team
-City staff - Technical Advisory Committee
-City of Delray Beach Site Plan Review
-City of Delray Beach Community Appearance Board
-Delray Beach Historic Preservation Board
-Delray Beach Department of Environmental Services
-Delray Beach City Commission
-Delray Beach Community Redevelopment Agency
-South Florida Water Management District
-Lake Worth Drainage District
-Florida Department of Transportation (may be
needed where project interfaces with West Atlantic
Avenue or one-way pairs)
The consultant shall furnish all applications, drawings,
specification, renderings, perspectives and materials needed to
obtain approvals from the aforementioned governing bodies.
Phase III - Construction Document Phase
Also included in Phase 11/:
Final construction documents shall be compatible with Auto Cadd
versions 12.
'.
.
. ..
Phase IV - Bidding/Negotiation Phase
Phase V - Construction Contract Administration Phase
B. Additional design work requested by the City as a result of
future water, sewer and drainage improvements is incidental to
the Scope of Services and will be compensated by separate
service authorization.
III. BUOOET
Compensation for the services shall be as follows:
A. Method I - Lump Sum (See VII A.1 of Agreement)
Phase I 30,200.00
Phase II 6,740.00
Phase III 6,415.00
Phase IV 1,430.00
Phase V 5.215.00
Total not to exceed $50,000.00
B. Method II time charges/not to exceed budgeted amount
(See VII A.2 of Agreement)
C. 1. All expenses associated with the preparation and
reproduction of drawings and specification for the
development of plans and contract documents shall be at
the consultant's expense.
2. Bidding and printing costs associated with presentations,
plan review sets, permitting sets bid sets and construction
document sets shall be paid as a reimbursable with costs
not to exceed $3000.00.
3. Fees shall be waived for all City associated processes for
plan review and permitting.
IV. COMPLETION DATE
A. It is the purpose and intent of the City to have the Swinton
Avenue Beautification and Drainage Improvements complete and
operational by November 1, 1993. The completion date for plans
and contract documents is May 1, 1993.
'.
"
. .
This service authorization is approved contingent upon the City's acceptance
of and satisfaction with the completion of the services rendered in the
previous phase or as encompassed by the previous service authorization. If the
City in its sole discretion is unsatisfied with the services provided in the
previous phase or service authorization, the City may terminate the contract
without incurring any further liability. The CONSULTANT may not commence
work on any service authorization approved by the City to be included as part
of the contract without further notice to proceed.
APPROVED BY: CONSULTANT: A.GRANT
CITY OF DELRA Y BEACH THORNBROUGH & ASSOCIATES
Date Date
By:
Thomas E. Lynch (Seal)
Mayor
Attest: Witness
Approved as to Legal Sufficiency and Form Witness
Attest:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day
of , by
(name of officer or agent, title of officer or agent)
of , a corporation,
(name of corporation acknowledging) (state or place of incorporation )
on behalf of the corporation. He/She is (personally known to me or has
produced identification) and (did/did not ) take an oath.
(type of iden tifica tion )
.
Signature of Person taking Acknowledgement
Name of Acknowledger Typed, Printed or Stamped
..
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9K - MEETING OF NOVEMBER 17. 1992
APPROVAL OF BUDGET ITEMS
DATE: November 13, 1992
This item is before you to approve items inadvertently omitted from
the final budget due to an error in the application of budget
software.
These items include:
-Rental Land - Account No. 441-5111-536-44.10 - $1,600. Funding
to be used to pay Florida East Coast Railway Utility Crossing
fees.
-Promotional Activities - Account No. 441-5111-536-48.90 -
$2,500. Funding for purchase of conservation supplies, fliers
and brochures.
- Rental Land - Account No. 441-5111-536-44.10 - $200. Funding
to be used to pay Florida DOT leases for water main right-of-way
($100) and CSX Transportation Railroad Crossing ($100).
-Other current charges - Account No. 441-5122-536-40.90. Funding
to be used to pay for permits and fees for the Water Treatment
Plant ($2,500)j Wellfield Operation ($300)j North Repump Station
($150) j South Repump Station ($150)j Owen Baker Repump Station
($150)j Miller Park Repump Station ($150)j Lab certification
($2,000) and future certifications (four at $100 each).
Recommend approval of the items inadvertently omitted f rom the final
budget due to an error in the application of budget software, as
indicated above.
'.
.
Agenda Item No.:
AGENDA REQUEST
Date: 11/11/92
Request to be placed on:
X Regular Agenda
Special Agenda 11/17 /92
Workshop Agenda When:
Description of item (who, what, where, how much):
To budget for line items approved by the City Manager through the budget process
but not formally approved by the Commission due to error in application of
budget software (see attached Budget Transfer Form).
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Recommend the attached Budget Transfer funds to come from
Water and Sewer Fund Surplus.
(Example: Recommend ap Account
No. 001-3333-555-44.55
Department Head Signature:
City Attorney Review/ Recommen
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternatives: (if ap~le)
Account No. & Description: If'f I ()()() 0 30 I '-f I b 0 tY4kr '"t- ~iO
Account Balance: - Svl2f/e-vJ
City Manager Review:
Approved for agenda: ~/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
..
'.
. .
CIty ~ DeIray BelICh
. ,.. Dep8lb...1ItaI Budget Transfer
(1) Department8I Une Transfer (2) Da18 November 11, 1992
(3) Interfundllnterdep8rtmental Transfer (4) Batch Number
(5) Requested By: Rebecca S. O'Connor, Treasurer
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
441-0000-301-41.00 w/s Surplus $ 10,160.00
441-5111-536-44.10 Rental Land $ 1,660.00
441-5111-536-48.90 Promotional Activities 2,500.00
441-5122-536-44.10 Rental Land 200.00
441-5122-536-49.90 Other Current Charges 5,800.00
(10) TOTAl $ 10,160.00 $ 10,160.00
JUsnRCATION: To budget for Line Items approved by the
bud et rocess but not formall a
the above referenced accounts was inadvertantly eliminated. This resulted in
the accounts not bein rinted on the bud et worksheets and
included in the Budget Resolution.
Aut City Manager
OffIcer City M
(11) Budget RevtaIon Date (12) Con1roI Number
(13) P.-tod (14) CounI
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
'.
"
8ft225JO. City O~ o.l~.y B..ch Florid. 11/1"2Icn"
- Budg.t Level Misc.ll.neous Infor..tion Ent~y 14:42:32
Budg.t lev.l : MANAGER'S RECOMMENDATION ... .
Account numb.~ . : 92 441 5111 536 44 10 RENTALS ~ LEASES / RENTAL
Tot.l budg.t .mount . . . : 1,660
seQ.lt/
P~io~ity Freefo~m info~m.tion Amount
1.00 LEVEL IV__________________________________________ ---------
2.00 CODING CHANGE FROM 34.90:_________________________ -----_._--
3.00 FLORIDA EAST COAST RAILWAY UTILITY CROSSING FEES_ ~---- 1660
4,00 -------------------------------------------------- ----------
5.00 -------------------------------------------------- ---------
6.00 -------------------------~------------------------ ----------
7.00 -------------------------------------------------- ---------
8.00 -------------------------------------------------- ----------
9. (ll) --------------------------------------------------- ----~- - ----
10.00 . - _____ _0..____-- ___..___ __ ______. _.__________.__ - - -__________~_._______ --.-------
11.00 ----------.---------------------.------------------- --... -.. ------
12.00 - --~ ~
----..---------------------------------------------
F3=Exit F7=Update F9=Coov Fl2=Cancel
09-03 SA MW 1<5 OM 1M II 51 DELRAYCH I<B
GM22:5UOl Citv Of Del~av Beach Flo~id. 11112/~2
Budget Level Miscellaneous Informatlon Entrv 14: 4~: \)3
Budget level . . : MANAGER'S RECOMMENDATION
Account numbe~ : 92 441 5111 536 48 90 PROMOTIONAL ACTIVITIES I
Total budget amount : 2,500
Seq.lt/
Priority Freefo~m info~mation AmoLlnt
1. 00 PROPOSED BUDGET___________________________________ ---------
2.00 WATER CONSERVATION SUPPLIES, FLIERS, AND ---------- -----.---.-
.3.00 BROCHURES ----------------------------------------- ----- :2500
4.00 -------------------------------------------------- ---..------
5.00 -------------------------------------------------- ---.------
6.00 -------------------------------------------------- -------~-
7.00 -------------------------------------------------- ----- -.--.-
8.00 --------------------------------------------------- ---------
9.00 -------------------------------------------------- ---------
10.00 -------------------------------------------------- ---------
11.00 -------------------------------------------------- ---------
12.00 -------------------------------------------------- -------~-- +
F3zExit F7=Upd.t. F9-Copy F12zC.ncel
09-03 SA MW 1<5 DM 1M II 51 DELRAYCH ~B
GM225UOl Citv Of Del~av Be.ch Flo~id. 11/12;92
Budget Level Mi$cellaneou. Info~mation Ent~y 14: 4:': :.5
Budget 1 eve 1 : MANAGER'S RECOMMENDATION
Account numbe~ : 92 441 5122 :536 44 10 RENTALS ~ LEASES ./ FErHAL
Tot.l budget amount : 200
SeQ.lt/
P~io~ity Freeform lnformation AmoLtnt
1.00 PROPOSED BUDGET ----------------------------------- --- ---- ._--
2.00 *MGR ADJUSTMENT - CODING CHANGES FROM 34.90 ------- -------<--.-
3.00 FLORIDA DOT LEASES FOR WATER MAIN RIGHT OF WAY ---- ------- ll)!)
4.00 CSX TRANSPORTATION RAILROAD CROSSING -------------- ------- 1(1(1
5.00 -------------------------------------------------- --~---- --- -
6.00 -------------------------------------------------- --.--.- -----..
7.00 -------------------------------------------------- ----- -----
8.00 -------------------------------------------------- ---------.-
9.00 -------------------------------------------------- ----- -----.
10.00 -------------------------------------------------- -------.--
11.00 -------------------------------------------------- ----- ------
12.00 ---------------------------------------------------- ------- "- +
F3-Exit F7=Upd.te F9=Copy F12=Canc.l
09-03 SA MW Ks DM 1M II 51 DELRAYCH kB
. GM22:5UOl City Of D.l~.y Be.ch Flo~id. 11/1"::/92
Budget Level Miscell.neous Info~m.tion Entrv 14: 44: 11
Budget lev.l : MANAGER'S RECOMMENDATION
Account number : 92 441 5122 :536 49 90 OTHER CURRENT CHARGES/DB
Tot.l budget amount : :5,800
SeQ.ltl
P~io~ity Freefo~m info~m.tion Amount
1.00 PROPOSED BUDGET ----------. -
2.00 *MGR'S ADJUsTMENT-:--COOING-CHANGES-FR-34:90====== ---------
3.00 PERMITS ~ FEES: WATER TREATMENT PLANT PERMIT______ ----- 2500
4.00 WELLFIELD OPERATION PERMIT 300
:3.00 NORTH REPUMP STATION PERMIT----------------------- ------
150
6.00 SOUTH REPUMP STATION PERMIT ----------------------- ------
150
- 7.00 OWEN BAKER REPUMP STATION PERMIT================== ------
------ 150
B.OO MILLER PARK REPUMP STATION PERMIT 150
9.00 LAB CERTIFICATION (INORGANIC/ORGANICI------------- 2000
------------- -----
10.00 FUTURE CERTIFICATIONS 4 @ 100 --------------------- ------ 400
11.00 -------------------------.------------------------- --------.-
1~. (H)
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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tt!1I1
SUBJECT: AGENDA ITEM # Cf L - MEETING OF NOVEMBER 17, 1992
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY
DATE: NOVEMBER 13, 1992
Attached is a letter from Michael M. Listick, Acting Chairman of the
Downtown Development Authority, requesting an appointment to fill the
vacancy created by Mr. Matteis' resignation. The unexpired term runs
to July 1, 1994. Three names are mentioned in the letter as possible
replacements. However, Donald Hornby (one of the persons named) does
not wish to be considered for appointment.
Laws of Florida HB 1250, as referenced in the Land Development
Regulations at Section 8.2.2(c) (3), states the following: "To qualify
for appointment to the Authority, and to remain qualified for service
on it, a prospective member or member already appointed shall reside in
or have his principal place of business in the City, shall not be
serving as a City officer or employee, and that at least three of the
members shall be owners of realty within the downtown area, a lessee
thereof required by the lease to pay taxes thereon, or a director,
officer or managing agent of an owner or of a lessee thereof so
required to pay taxes thereon." As a reminder, the DDA boundaries are
from Swinton Avenue to the Intracoastal Waterway, and from N.E. 1st
Street to S.E. 1st Street. Ms. Bright, Mr. Listick and Ms. Noe, three
current members, own both a business and real estate in the downtown
area.
The following persons have submitted their applications for your
consideration:
Alan Armour Bruce Gimmy
Thaddeus Cohen Rosalind Murray
Thomas J. Duggan (has not Horace Waldman
responded to calls to
verify interest)
Pursuant to Commission direction, a check for code violations and
property liens has been conducted. According to City records, none of
the applicants has any outstanding violations.
Based upon the rotation system, the appointment will be made by
Commissioner Alperin (Seat #2).
Recommend appointment of a member to the Downtown Development Authority
to fill the unexpired term of Sal Matteis ending July 1, 1994.
'.
"
-
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
. " ";i~' ...~~. t;.. ~ _' .. ~ ~_ J
;\ I)i/ Ii 1992
, '. ,_ r.~,
November 3, 1992
Thomas Lynch
Mayor
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mayor Lynch:
Due to the resignation of Skip Matteis, the City Council will be
appointing a new member to the DDA. We understand that it is not our
decision to make the appointment. However, we would like to advise the
City Council that we have considered a number of prospective names and
we would be pleased if the Council appoints anyone of the following
persons that submit an application (listed in alphabetical order):
Alan Armour
Thadeus Cohen
Donald Hornby
Very truly yours,_
/' ----
. /
~../ /' , , ,
MML:sf Michael M. Listick
cc: Ann Bright Acting Chairman
207 East Atlantic Avenue, Delray Beach, Florida 33444 · 407 -276-8640
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CITY OF OELRAY BEACH
BOARD MEMBER APPLICATION
SAME J\,-~ --:L . -A- (L (Y\ tr'0 ~
q"2.-0 -:c:. ~ 0 \ ~ -a ?QI~.~ ~~(..(-- s,,~~ ~ ~ ~ '183
HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE) ~~
Ii\ ~ L-L l-.., ~ c..'k. 11\ E-~ ~TL~\\ c::- 4"'~ h..&!r "J)~~~
PRINCIPAL BUSINESS ADDRESS (Street.. City. Zip Code) ~.~ ,k.e
'l;u1 -
HOME PHONE 'L '"11. - ~, BUSINESS PHONE '"Llb-llc~1
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
yPA Yla.,)~-rN ~ ~1', ~~t\.P - M \~ I....a,,;'\\ ~<- ~ It.r() ~
---
.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Pleas. include dates)
N 0 ~-:r- ,
, ~~o \.) f'.,), -.) 0 r-- M,.fTr<\\
EDUCATIONAL QUALIFICATIONS lJ N\V or;
\j~\~ a~ ~-~ B~- -+ <:; f'..-/Irf).:l ~ ....J <:) IL "'-
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
\) ~\~'$o ""'c...6N'5G-S ~<;,-o
N'\ <; G- I r-l~\). FoIL \~ ..:::; ~~ 0 p c:::; E' <::. 0tl-\ IIC;:. - (2..c~
cS;~
GIVE YOUR PRESENT. OR HOST RECENT EMPLOYER, AND POSITION
it 8\.,CU \-\... \-"'\ ~ c...~ ~ \ c.. G-- ..p!'-0s1 Dt:~~ -=? L.. ""1 E-~~ l..::ly~~
f:>c...{l
DESCRIBE EXPERIENCES, S~ILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD v~,JC: I,;:) -p~~ Dq.r
~~ L...\-l('~ I,..) (~E= ~ ofl.-,U'~
~ \\..- 11... 't~s . \}'cX- C."*1n.r<)~ oj;. o~o Sc:.\~'-~9..J~. 5C~JCO ~
p~\oc-'"' ~ f..- ~ L.Nr'1 6 c:...~. ~ '-th\+1NSZ:=- - '\}\<:...E- lYJ~O^ of-- ~u,-FS.tt..~
~ ~ ~ J.. Q'\.)~ ~ ~ t'\.C~ \ ~~ r- ,...,) S E"E I roo '" '])EI-IL4IWJ
PLEASE ATTACH A BRIEr RES . P I'--'CSspM _ 0;. P~, ~'-, ~\L..~'\IC- A-v.=:.
I HEREBY CERTIFY THAT ALL THI AlOVI STATEMENTS AU TRUE, AND I ACREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MAtERIAL FACTS CONtAINED IN THIS APPLICA-
rION MAY CAUSE FORFEITURE uro. MY rART or ANY APPOINtMENT I MAY RECEIVE.
dw~~~ \ 1--:' - '=\ L.-
SIGNATURE DATE
4/90
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trfC}
SUBJECT: AGENDA ITEM # cr M - MEETING OF NOVEMBER 17, 1992
APPOINTMENT TO THE EDUCATION BOARD
DATE: NOVEMBER 13, 1992
At the July 28, 1992, City Commission meeting, Commissioner Mouw
deferred his appointment of a member to the Education Board. The
vacancy on the board is for a term ending July 31, 1994.
In order to be eligible for membership, a person shall be a
resident of the City of Delray Beach or have a child in the
Delray Beach public school system. If possible, members shall
have a background in business, real estate, and/or education.
The following individuals have submitted their applications for
consideration:
Nelson S. McDuffie
John-Michael Jones
Rosalind Murray
Lawrence Siegel
Horace Waldman
Reginald L. Williams
Pursuant to Commission direction, a check for code violations and
property liens has been conducted. According to city records,
none of the applicants has any outstanding violations.
Based upon the rotation system, the appointment will be made by
Commissioner Mouw (Seat #1).
Recommend appointment of a member to the Education Board for a
term ending July 31, 1994.
..
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CITY OF DELRAY SEACH
BOARD MEMBER APPLtCATION
~
~AME J ohn-/cUcha.e..t J onU
'I.b-
2148 S.W. 36th Ave., Ve.br.~ Be.ttdr.; Fl. 33445
HOME ADDRESS (Stnet. City, Zip Coda) (LEGAL RESIDENCE)
1655 UrtJ.vvu,..i.tL{ VJr.., COJt.ctl S.~0i9~ 33071 ( 1353 N, Fe.dvr.a1 Hi.vu. J Boc.a. Raton 33432
PRINCI.PAL BUSINESS ADDRESS (Sc:rut,. City. Zip Code)
HOME PHONE l4071 49$-4238 BUSINESS PHONE(305l 753-8960/ (407) 395-1800
ON WHAT 80ARDS ARE YOU INTERESTED !N SERVINC
BOaJr.d o~ Ed~e~on
-
,-
LIST ALL CITY BOARDS ON WHICH ~OU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
stRVED (Please include date.)
Ha.ve not ..6eJtve.d on a. c.J...:tJJ. bQMd I
EDUCATIONAL QUALInCATIONS Ba..chelo1C. of., !ycU . de. qJr.e.e. UI1.{Ve.Jr.ll..t.tU d 'Fto.'r..{rla.,
~ne...6v~lle (1984) MMteJr. o~ B!L6.(n~~ ^cfm).~.t~a.t.iorr. de.qJt.ee. Patm Beac.h
Atia.n.:ti.c. CoUe.ae/ We..6.t Pcr.1nt Bectch U9911 M~oc.1..a.te. in Sc,{.el1ce dell,~ee .'1Zo.,."i.-Va.de
Commurti:t.u Cotteqe (1986)
LIST ANY RELAtED' PROFESSIONAL CE.TIFICATIONS AND LICENSES ~tCH YOU HOLD
Liee.~e.d Fun~~~l O~~c~o~. State o~ Ffo~~dd
GIVE YOUR PRESENT. OR Most RECENt EMPLOYER. AND POSITtON
klta.ee.k FwteJtaJ'. HOmeA, !Y1.e. - Maitctq..(,ng V.<;t.e.ctM
DESCRIBE EXPERIENCES. SXILLS OR KNOWLEDGE WHICK QUALITY ~OU 10 SERVE ON THIS
BO.uD
1 am cuJVte.Vl.tiu ..6eJtV.tYl.12 on the. Le.~4.w..tw. <<rr.d GovVtl't1'llv1ta/ A/..~crJ.)f.6
COtml..t.tte.e. o~ the. Ve.UaL/ Be.a.c.h Chambvr. o~ COntlteJtce. o~ wh<.ch I d.ta~.ted the.
ChcunbeJr.'.6 "Miliol't on edu.ca.U.~rt. rlvr.ou.~h a. .6Vt0l1g bM.t.Ite.....~~-e.dttc.a..t{mt "'Mbte.Jt-
~ft.(.p, Ve..Vt.a.a l5e.dCJt eM .6;(lUf art .u:vtqv:. a.n.i:'1 a.cA.(eve .tlt!!., S,(x. Na.U..lJYl.a.l E clw~a..uun l,oa-f.6
PLEASE ATTACH A BRIEF RESUME. bu the. ue.aJr. 2000,
t REUBY CER'IUY THAT ALL nt! ABOVE STAtEMENTS ARE tRU E . AND t ACREE ~D
UNDERStAND THAT ANY MISSTATEKENTOF KATERI~ FACTS CONTAINED tN THIS APPttCA-
!ION MAY CAUSE FOtlFEl E UPON MY PART OF ANY APPOINTMENT t MAY RECEiVE.
9 !~f J l/ Iq(17~
DATE
4/90
'.
JOHN-MICHAEL JONES, MBA
214,8 S.W. 36TH AVENUE
VELRAY BEACH, FLORIDA 33483
(407) 495-4238
EVUCAT10N:
M.B.A. Ve.gJt..e-e, Ve.c.e.OOVl., 1991. Spe.cl..al e.mpha.-6i..-6 on St.!f..<Lte-gic..
Mana.ge.me.nt and Logibtiu. Employe.d 6u.U-.t<:me whi.le. woltk.ing Ott
gJt..a.du.at:e. deg!te.e.. G/ta.dua.:te.d will a. 3.9 1 GP A.
UiUv~i.ty 06 Fto,f(,i.da., Go.-OtuviUe.., Fl.M.i.da.
B.A. Oe..gJt..e..e.., June, 1984. Speua1. e..mpha..6..w ,i.n E c.OrtOm{.C'....6 CUtd
I ntVtna.U.on.al Re...e.at..<.of1.6. MembVc. 06 Phi. Ve...f..ta The.,ta. F.'C.a..tVr.It-ttlj.
EXPER1ENCE: KRAfER HOLDINGS, INC., POMPANO BEACH, ELORIVA
Majolt 6un~al ~e..Av~ce o!tganizat,lOtt ~e~ving So~th Fto~~da.. A
.6ub,~1..d.J..aIUj 06 Loewe/'!. G.1tou.p 1/'!..teArw.Uona1., Va.nc..ouve.~. B.C.. CaJla.d.a...
JANUARY 1991
TO PRESeNT: MANAGING VIRECTOR - ~e 6~~~ g!t~ittg .e.oc~on 06 the
~oUJt.te.e.n p!tope.Jt,Ue..6.bt e. South FloJC.<.d~ Region. MaJr.k.et
vo.eume. and Jc.e..ve..nue. ha.ve. .<.nCJt(>,~e..d :.twenty peJtce.n.t wi.thin the.
pMt ye.M. Accou~ Rec(>,~vable ha.ve de.C!te~ed 6onty-~1..x
peA-c.ent dwUng the. ..6ame. pVr.~od. Re4pOM-W.te. 60Jt moUva.ung
a. te.am 06 ~.a .AuH a.ML6t:.an..U in. ~a.(M, pubUc..'Le.l.a.tiorw
and cLU1'.y ope.Jta:UOM. SupVl vl6e .6.ta6 6~ 06 .tlOe.bw .eoc..a-tJ.OM
:tJvr.ou..ghout the. Reg~on.. V.br.e.c.:U.y !te.-6poM.{b,fe. 60ft .eog~ti..c.a.e.
~che..d~ng 06 ~nty-~o dl!te.~tc~ th~oughout th~ R~gion.
PeJtnOJt..m monthty ~~et .6h~e. a.na.ly~ On R~aion, kepa~~{ng
dJAe.c.:t1.yto home o66ic.e .in VancouvVt, B. c. . ~ Canada.
19t7TO 1990: ASSISTANT MANAGING VIRECTOR - Rota.te.d M ac.t<.ng mana.ge-It 06
:the. Pompano Bea.Ch and rOJCt Liiu.deJtda1.e 1.0C.atioM. ReApo~..ibl.e.
6 air. .6upe~vl.6"[on. (]a .6ta.66 and dall..tj OpVta.tiOIt-~. O.wc.u.Med
M-n.anci.a..l aJUtangeme~ wUlt c.U~nt 6am<.Li.e...6, cOM.z..o.te.rtt.ly i.n
top 6~6te..e.n pe.Jtc.e..nt 06 ~egional .6a.ieh 6o{c.e. P~omote.d ~o
Managing Vbte..cto~ ).n. JanUAJt.y, 1991.
1986 TO 1987: INTERN TRAINING PROGRAM - A66~ted ~ecto~6 in ~e! pha.6~~
o 6 .6Vtv..[c.e. .to' cU-e.r/;t r;am<.UeA. P Itomate.d to A-!d.(.sta.nt
Ma.rta.gbtg Vi.Jr.e..cto/t in OCJtobVl., 1981.
. 1985 TO 19 86 : ASSISTANT-TRAINEE - BU..6-Koiok,i.-CorrtJ.-6 FUtte.'t.a.f. Home. .(tt M.<.am.i.,
t lOlr..wc1. {Pcvr.t on Loewen GJtoup. 1 rLtVl.M..t-ton~e)
'.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~f
SUBJECT: AGENDA ITEM # 9...N. - MEETING OF NOVEMBER 17, 1992
CITY COMMISSION LIAISON ASSIGNMENTS
DATE: NOVEMBER 13, 1992
Attached is a list of City Commission liaison assignments to the
various advisory boards and committees, and outside agencies, as
approved by the Commission at the March 26, 1992, organizational
meeting. In light of Commissioner Andrews' resignation and the
appointment of Commissioner Ellingsworth to fill his unexpired term,
it is appropriate that these assignments be reviewed at this time.
Please note Commissioner Andrews served in the following capacities:
Liaison to Site plan Review and Appearance Board
Liaison to Downtown Development Authority
Alternate liaison to Historic Preservation Board
Alternate liaison to Planning and Zoning Board
Palm Beach County Municipal League
(Please note the attached request from the Municipal League
for official action in appointing a voting delegate and
alternates.)
Metropolitan Planning Organization*
(*At the October 27, 1992, regular meeting, Mayor Lynch was
appointed to the MPO by a 3 to 1 vote, although it was
indicated that the Commission might wish to reconsider
subsequent to Mr. Andrews' replacement being named.)
Recommend review of City Commission liaison assignments and
appointment of Commission members to serve as the liaison to the
various boards and outside agencies formerly served by Commissioner
Andrews.
'.
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.
CITY COMMISSION LIAISON ASSIGNMENTS
The following is a listing of Commission liaison assignments to
the various advisory boards and committees, and outside agencies,
as approved by the City Commission at the annual organizational
meeting held March 26, 1992:
Board of Adjustment
Dr. Alperin, with Mr. Randolph as alternate
Board of Construction Appeals
Mr. Randolph, with Mr. Mouw as alternate
Civil Service Board
Mr. Randolph, with Mr. Mouw as alternate
Code Enforcement Board
Mayor and Commissioners to attend on an "as available"
basis; if problems arise, Commission members may be asked to
attend more regularly.
Site plan Review and Appearance Board
Mr. Andrews, with Dr. Alperin as alternate
Community Redevelopment Agency
Mr. Mouw, with Mayor Lynch as alternate
Downtown Development Authority
Mr. Andrews, with Mayor Lynch as alternate
Education Board
Dr. Alperin, with Mr. Randolph as alternate
Delray Beach Housing Authority
Mayor Lynch, with Mr. Mouw as alternate
Historic Preservation Board
Dr. Alperin, with Mr. Andrews as alternate
Kids and Cops
Dr. Alperin; no alternate
Public Employees Relations Commission (PERC)
Mr. Mouw; no alternate
Planning and Zoning Board
Dr. Alperin, with Mr. Andrews as alternate
Police & Fire Board of Trustees
General Employees Retirement Committee
The Mayor is a sitting member; no liaison necessary
,.
Outside Agency Appointments:
Palm Beach County Municipal League
Mr. Andrews, with Mayor Lynch or Dr. Alperin as backup
South County Council of Governments
Dr. Alperin, with Mr. Randolph as backup
Palm Beach County Beaches & Shores Council
Dr. Alperin
Metropolitan Planning Organization
Mr. Andrews
'.
.
Outside Agency Appointments:
Palm Beach County Municipal League
P.O. Box 1989
Government Center
West Palm Beach, FL 33402
407/355-4484
On 3/26/92, Dr. Alperin was to be the appointee, with
Mayor Lynch as the backup. However, at the April 7,
1992, meeting, Dr. Alperin deferred to Mr. Andrews as
the City's representative to the Municipal League
inasmuch as Mr. Andrews had been named to the League's
Board of Directors. So, the City's appointee is Mr.
Andrews, with the Mayor or Dr. Alperin as backup.
South County Council of Governments
On 3/26/92, Mr. Andrews was appointed; however, in view
of the change made re Municipal League representation
on April 7th (i.e., from Dr. Alperin to Mr. Andrews) ,
Dr. Alperin resumes as the City's representative to
South County Council of Governments, with Mr. Randolph
as backup.
Palm Beach County Beaches & Shores Council
Dr. Alperin
Metropolitan Planning Organization
(Primarily transportation planning; supposed to be
independent from the County, although their staff is
physically located with PBC Traffic Engineering)
Mr. Andrews is on the Board of Directors
Greg Luttrell represents the City on their TAC
..
.
~{!6 ~,-
'.. ,', .!!l!l, q',
-... ...
Palm Beach County MUNICIPAL LEAGUE
P,O. BOX 1989. GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 35>4484
RECEiVED
MEMORANDUM NOV 9 1992
CITY MANAGER'S OFFICE
TO: All Palm Beach County MuniCipal Mayors and Managers
FR: Jack Horniman. Palm Beach~MuniciPalleagUe Executive Director
DT: November 5, 1992
RE: Voting Delegates and Alternates
..................................................
Please find attached to this memorandum a Designation of Voting Delegate and
Alternates form that all cities are required to fill out and send back to the Municipal
League office. Each city must take official action in appointing a voting delegate and
alternates. Please note that you may appoint as many alternates as you deem
necessary. Also please note that the voting delegate or alternate does not have to be
an elected official or the local government's CEO. Your action in this matter is
requested per requirement of the Palm Beach County Municipal League Bylaws.
Thank you.
'.
. - .-, ~
A
DESIGNATION or VOTING DELEGATE AND ALTERNATES
PALM BEACH COUNTY MUNICIPAL LEAGUE
In accordance with Article Four of the Bylaws of the Palm
Beach County Municipal League, Inc. as amended on October 28,
1992, the governing body of took official
Name of Municipality
action and designated the following voting delegate and alter-
nate(s) to vote on behalf of the above-named municipality at any
Municipal League meeting, special meeting and/or function:
Voting Delegate .
Alternate
Alternate Alternate
Alternate Alternate
Alternate Alternate
Alternate Alternate
Action taken this ____ day of , 199 .
-
.. -
Mayor
A'rI'EST:
Clerk
(SEAL)
I
- - ---,
'~ '."
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,
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 17. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT AGENDA IS AMENDED TO CORRECT:
Item 8M is amended to read: RATIFICATION OF THE CAPITAL
IMPROVEMENT PROGRAM: Ratify the Capital Improvement Program as
presented at the July 28, 1992 regular Commission meeting.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
O. SPADY PROPERTY ACOUISITION: Approve a final settlement in
the amount of $255,000 for acquistion of properties G, H, J and
M in conjunction with the S.D. Spady Access Improvements
project. City Attorney recommends approval.
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'GlCt)eH
AS .IOV 1 7 1992
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: November 16, 1992
To: City Commission ~
From: Jeffrey S. Kurtz, City Attorney
Subject: Spady Property Acquisition
Final Settlement of Properties G, H, J, and M
Our File No. 07-92.001
We have received an offer to settle on the above-referenced
1 parcels from Wilbert Chaney, Esq. , representing the owners
Carmelita A. Smith and Althamese Britt. These parcels (see
i Exhibit A attached) represents approximately half of the
I
property we acquired adjacent to Lake Ida Road and Spady
-Elementary School, being 2.58 acres and containing eight
I dwelling units.
---
Title to the property has already vested in the City and
$232,500 representing the City's appraisal on these parcels was
deposited into the Registry of the Court on August 3, 1992.
The owners have offered to settle upon payment of $255,000.
The $255,000 would be broken down as follows .
.
$241,500 Land Price
3,500 Appraisal Fee
lO,OOO Attorney Fee
The appraiser had appraised the parcels at $270,000. Under the
statutes governing eminent domain, the City is responsible for
costs incurred by property owners, including appraisal and
attorney fees.
Our office would recommend acceptance of the offer. The
Commission, by accepting the offer, will be directing the
Finance Department to issue a check made payable to the Clerk
of the Circuit Court in the amount of $22,500.00.
CfO
.
City Commission
November 16, 1992
Page 2
Should you have any questions concerning this matter, please do
not hesitate to contact me.
JSK:ci
cc David Harden, City Manager
Robert Barcinski, Assistant City Manager
Joseph Safford, Director of Finance
Lula Butler, Director of Community Improvement
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I
FROM: CITY MANAGER ftt/
SUBJECT: AGENDA ITEM ~ /0 A - MEETING OF NOVEMBER 17. 1992
ORDINANCE NO. 54-92
DATE: November 13, 1992
This is second reading of an ordinance rezoning property located west
of Congress Avenue on the south side of Linton Boulevard (Abbey
Delray South property) from PRD (Planned Residential Development) zone
district to CF (Community Facilities) zone district.
In October 1979, the Commission approved a conditional use request and
site and development plans for Abbey Delray South. The approval
allowed a 288 unit (248 multi-family units and 40 single family units)
Life Care Retirement Center, along with an associated nursing home.
The property was zoned PRD-IO.
With the adoption of the LDRs in October 1990, the multi-family units
and nursing home facility were rezoned PRD and the single family
villas RL (Residential - Low Density) .
In June 1992, the Planning Department received a sketch plan to allow
the addition of four single family villas; a 12,224 square foot
addition to the nursing home; and a 576 square foot maintenance
building. During the review of the project for technical compliance
it was noted that nursing homes and/or continuing care facilities are
no longer permitted as a conditional use under the PRD regulations.
Therefore, rezoning to CF was recommended.
The Planning and Zoning Board at their October 21st meeting
recommended approval.
Recommend approval of Ordinance No. 54-92 on second and final reading.
P_ L/--()
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ORDINANCE NO. 54-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT IN .CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the CF
(Community Facilities) District as defined in Chapter Four of the Land
Development Regulations of the City of Delray Beach, Florida, to-wit:
Tract IIA", Parcel "U" and Parcel uVIt, Plat of Abbey
Delray South as recorded in Plat Book 41, Pages 96-98,
Public Records of Palm Beach County, Florida; LESS that
part of Parcel "V" .included in A Replat of Parcels "Wil,
IIXII and Portions of Parcel IIVII, Plat of Abbey Delray
South as recorded in Plat Book 41, Pages 121-123, Public
Records of Palm Beach County, Florida.
The subject property is located west of Congress Avenue,
on the south side of Linton Boulevard.
The above-described parcel contains 20.37 acres of land,
more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 17th day
of November , 1992.
~~
MAR
ATTEST:
(J 11~rmVlJ11' -.JIM ~ !/n7lr
City C erk .
First' Reading nt""'t-nnpl'" ?7 1QQ?
Secona Reading November 17, 1992
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-
ORDINANCE NO. 54-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PRO (PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990. ; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. Tha t the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the CF
(Community Facilities) District as defined in Chapter Four of the Land
Development Regulations of the City of Delray Beach, Florida, to-wit:
Tract IIA" # Parcel IIU" and Parcel "V. I Plat of Abbey
Delray South as recorded in Plat Book 4 1 , Pages 96-98,
Public Records of Palm Beach County, Florida; LESS that
part of Parcel !IV. included in A Replat of Parcels "W. I
"X" and Portions of Parcel "V., Plat of Abbey Delray
South as recorded in Plat Book 41, Pages 121-123, Public
Records of Palm Beach County, Florida.
The subject property is located west of Congress Avenue,
on the south side of Linton Boulevard.
The above-described parcel contains 20.37 acres of land,
more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HAROEN, CITY MANAGER
CoJ~~
THRU: D . J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: D~ER III
SUBJECT: MEETING OF OCTOBER 27, 1992
REZONING FROM PRD (PLANNED RESIDENTIAL DISTRICT) TO CF
(COMMUNITY FACILITIES) FOR ABBEY DELRAY SOUTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of a rezoning from PRO (Planned
Residential District) to CF (Community Facilities).
The subject property is Abbey Delray South, a Continuing
Care Facility located west of Congress Avenue, on the south
side of Linton Boulevard.
BACKGROUND:
At its meeting of October 8, 1979, the City Commission approved a
conditional use request and site and development plans for Abbey
Delray South. The approval allowed a 288 unit Life Care
Retirement Community (248 multi-family units and 40 single family
villas), along with an associated nursing home. The property was
zoned PRO-10.
In October 1990, the multi-family units and nursing home facility
were rezoned to PRO (Planned Residential), and the single family
villas to RL (Residential-Low Density), as part of the Citywide
rezoning and adoption of the Land Development Regulations.
In June of this year, the Planning Department received a sketch
plan request from Abbey Delray South to allow the following
modifications to the site:
"
City Commission Documentation
Rezoning, Tracts "U" and "V" of Abbey Delray South
Page 2
* the addition of four (4) single family villas;
* a 12,224 sq.ft 30 bed addition to the existing Nursing Home;
and
* a 576 sq. ft. maintenance building.
As the project was being reviewed for technical compliance, it
was discovered that nursing homes and/or continuing care
facilities are no longer allowed as permitted or conditional uses
under the current PRD regulations. As a result, the existing
development is a non-conforming use, and cannot be expanded.
Staff considered three alternative means of correcting this
nonconformity:
1) Changing the PRD portion of the development to RM
(Medium Density Residential)
2) Changing the PRO portion of the development to CF
(Community Facilities), and
3) Amending the PRO regulations to include Continuing Care
Facilities as a conditional use.
The attached staff report contains an analysis of those
alternatives.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of September 21, 1992, the Planning and Zoning
Board initiated a rezoning action for Abbey Delray South to
either CF or RM, in order to allow staff to analyze both zoning
districts as they would apply to this development. Upon
reviewing the alternatives at the meeting of October 21, 1992,
the Board voted 7-0 to recommend approval of a rezoning from PRO
to CF.
RECOMMENDED ACTION:
By motion, approve the rezoning from "PRD" (Planned Residential
District) to "CF" (Community Facilities) for Tracts U and V of
Abbey Delray South.
Attachment:
* Location Map
* P & Z Staff Report
'.
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'PLANNING & ZONING BOARD
CITY OF DELRA Y B_ACH --- S. AFF REPORT --- .
MEETING DATE: October 19, 1992
AGENDA ITEM: III. B.
ITEM: Rezoning, Abbey Delray South from PRD to RM or CF
/"
GENERAL DA T A:
Owner....................Palm Beach County
Health Facilities
Authority.
Agent....................David C. Harden
City Manager
Location.................Southeast corner of
Linton Boulevard and
Homewood Boulevard.
Property Size............20.37 Acres 11" f 0 "
City Land Use Plan.......Residential - Medium
Density
Existing Zoning..........PRD (Planned Residential
Development)
Proposed zoning..........CF (Community Facilities)
Adjacent zoning...North: RM (Multiple Family
Residential - Medium
Density) and RL (Multiple
Family - Low Density)
East: RM
South: RL
West: RL and PRO
Existing Land use........Continuing care facility
with associated nursing
home.
Proposed Improvement.....Addition of four units
to the continuing care
facility and addition
of 30 beds to the
nursing home.
Water Service............Existing on site.
Sewer Service............Existing on site. N
-
III. B.
"
I T E M B E FOR E THE BOA R D:
The action before the Board is that 0 f making a recommendation
on a rezoning request from PRO (Planned Residential District) to
CF (Community Facilities).
/"
The subject property is Tracts U and V of Abbey Delray South, a
Continuing Care Facility, Nursing Home, and Residential
development with a total area of approximately 30 acres. It is
located west of Congress Avenue, on the south side of Linton
Boulevard.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall
review and make a recommendation to the City Commission with
respect to rezoning of any property within the City.
B A C K G R 0 U N D:
At its meeting of October 8, 1979, the City Commission approved,
pursuant to PRD-10 zoning, a conditional use request and site
and development plans for Abbey Delray South. The approval
allowed a Life Care Retirement Community. The development
consists of three components:
* a 248 unit continuing care facility on 16.5 acres;
* a 60 bed nursing home on 1.5 acres; and
* 40 villas with individually platted lots on 12.4 acres.
In October 1990, the continuing care and nursing home facilities
were rezoned to PRO (Planned Residential Development), and the
villas to RL (Residential-Low Density), as part of the Citywide
rezoning and adoption of the Land Development Regulations.
The owner of record is the Palm Beach County Health Care
Facilities Authority, which issued bonds to finance construction
of the project. The project is operated by Life Care Services
Corporation, a non-profit corporation based in Des Moines, Iowa.
Abbey Delray South is considered a Continuing Care Retirement
Community, and is regulated by the Florida Department of
Insurance. Residents of the facility contribute an endowment of
$50,000 to $150,000 upon moving into the facility, plus a
monthly service charge. These payments assure them a living
unit in the facility and care at the nursing home, if necessary.
Pro1ect Description:
In June of this year, the Planning Department received a sketch
plan request from Abbey Delray South to allow the following
modifications to the site:
'.
P & Z Staff Rep
Abbey Delray So~~n Rezoning From PRO To CF
page 2
* the addition of four (4) single family villas;
* a 12,224 sq. ft. 30 bed addition to the existing Nursing
Home; and
* a 576 sq. ft. maintenance building.
As the pr0ject was being reviewed for technical compliance, it
was discovered that neither nursing homes nor continuing care
facilities are allowed as permitted or conditional uses under
the current PRD regulations. As a result, the existing
development is a non-conforming use, and cannot be expanded.
Z 0 N I N G A N A L Y S I S:
Rezoning of the property was initiated by the Board at its
meeting of September 21, 1992. At that time there was
discussion as to whether the proper zoning for the property was
RM, CF, or a combination of one or the other and RL. The
alternatives which were considered for this proposal are:
* Rezoning the portion of the site currently zoned PRO
(tracts "U" and "V") to RM;
* Rezoning the portion of the site currently zoned PRD
(tracts "U" and "V") to CF; and
* Amending the PRO regulations to allow continuing care
facilities as a conditional use.
Possible zoning designations for the site are discussed in the
Zoning District Analysis.
ZONING DISTRICT ANALYSIS:
Rezoning to RM:
The RM zoning designation could be applied to the portion of the
development currently zoned PRO. Continuing care facilities and
nursing homes are allowed as conditional uses in RM, and would
allow for an expansion of the existing nursing home facility.
The density of the continuing care facility would be 17.5 units
per acre. This density is permissible under RM, per the
provisions of LDR section 4.3.3(G)(3)(a), which increases the
maximum density of the base zoning district by a factor of 1.5
for continuing care facilities.
P & Z Staff Rep'
Abbey Delray So~~a Rezoning From PRD To CF
page 3
Amendment to PRO:
Another alternative would be to leave the property in PRO zoning
and initiate a text amendment to PRD zoning regulations to allow
continuing care facilities and nursing homes as conditional
uses. The former PRD-IO zoning category permitted ACLFs, child
and adult day care, churches, community centers, continuing
_/' care, schools, golf courses, natural resource utilities,
swimming clubs, and tennis clubs as conditional uses. All of
these, except day care have been eliminated from the PRO zone,
in order to limit development in the PRO district to its
intended purpose as a mix of single family and multi-family
housing.
Rezoning to CF:
An alternative to the above is to rezone the property to CF,
Community Facilities. The CF zoning is intended to apply to
facilities which serve public and semi-public functions. While
Abbey Delray is a residential community, it differs from the
standard multi-family development in several respects. Chief
among those are the following:
* Provision of services--The principle appeal of this
type of community is the care and services which are
immediately available to the residents. Residents
offered a variety of services including meals,
cleaning, access to health care, transportation, and
various personal services. Most of these services are
included in the initial endowment fee and monthly
rent.
* Resident characteristics--Residents must be 62 years
age or older in order to live in Abbey Delray South.
The average age in the community is 82.5 years, and
eighty percent of the residents are female. While a
number of the residents do not require any special
assistance, many of them are unable to fully care for
themselves. Residents specifically choose this type
of community to ensure that assistance will be
available to them when necessary.
* Nursing home component--The existing nursing home has
60 beds, and 30 additional beds are planned. The
nursing home is available on a temporary or permanent
basis to all residents. In addition, any unoccupied
beds are made available to persons from outside of the
community.
* Employees--Approximately 140 persons are employed at
Abbey Delray South, to service the 288 units and the
nursing home. This is a much larger number than would
'.
P & Z Staff Rep' ..
~
Abbey Delray SOu_n Rezoning From PRO To CF
page 4
be required to manage a typical multi-family property
of this size.
The above listed factors are indicative of a use which is
service-oriented, and which differs from the standard
residential development. For these reasons, the Community
Facilities zoning is more appropriate than the RM. In addition,
the administrators of Abbey Delray South have indicated a desire
for a zoning classification which would reflect the unique
aspects of a continuing care facility. The Community Facilities
zoning provides that distinction.
Remainder of the Site (villas):
The portions of the development (12.4 acres) with 40 villas on
individually platted lots are currently zoned RL. While
continuing care facilities are not permitted in the RL zone,
these villas can be considered as single family units, which are
permitted. The density is also consistent with RL limits (3.2
. units/acre). It is not critical to the proposal that these
units be. rezoned to CF at this time. However, the owners have
indicated a desire to have a single zoning designation apply to
the entire site. A rezoning to CF should be applied to the
villas at a future date.
REQUIRED FINDINGS: (Chapter 3)
Pursuan~ to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The current Future Land Use designation for the entire
property is Medium Density (5-12 units to the acre)
Residential. The requested zoning change is from PRD
(Planned Residential Development) to CF (Community
Facilities). The allowable zoning designations which are
deemed consistent with the Medium Density Land Use
designation are:
- RM Medium Density Residential (existing zoning)
- CF Community Facility
- R-1 Single Family Residential
- RL Residential Low Density
- PRO Planned Residential Development
"
P & Z Staff Rep' .
Abbey Delray So~ _,I Rezoning From PRO To CF
page 5
The proposed zoning designation of CF is consistent with
the current Future Land Use designation. The existing
continuing care facility and nursing home on parcels "U"
and "V" are permitted as conditional uses in the CF zoning
district.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
As the site is currently developed, and the rezoning is
corrective in nature, no additional demand for service
capaci ty will be generated by this action. The proposed
future development of the the facility is not of the
magni tude which would create any probl ems with regard to
levels of service. Concurrency will be specifically
addressed in the site plan process.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning Actions) along
with required findings in Section 2.4.5(0)(5) (Rezoning
Findings) shall be the basis upon which a finding of overall
conoistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in the making of a
finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF wi thin stable residential
areas shall be denied. (Housing Element A-2.4)
This rezoning petition is in a neighborhood which is
designated as a stable residential area. As the rezoning is
corrective, to accommodate existing uses, and the proposed
rezoning is to CF, a positive finding can be made.
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adj acent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The subject property is currently zoned PRO (Residential
Multiple Family). To the north, west and south is property
zoned RL (Residential Multiple Family) and to the east is
RM (Residential Multiple Family) . The surrounding land
uses are single family villas to the north, west, and
south, and Linton Lake Apartments to the east. The zoning
change will reflect existing conditions and will not affect
the compatibility of the property with adjacent uses.
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P & Z Staff Rep' .
Abbey Delray 501. _.1 Rezoning From PRO To CF
page 6
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
...-
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicable reason is "a," pursuant to the following:
The PRO zoning district currently assigned to tracts U and
V, was changed in 1990, removing Continuing Care and
Nursing Homes as conditional uses. The existing land use
on the parcel was rendered non-conforming by the change.
As the intention of the change was not to phase out
continuing care facilities, the application of the PRO
designation to this property was inappropriate.
LDR Compliance:
Section 4.3.4 (Development Standards Matrix):
The parcels in question meet CF district requirements for
minimum lot size, lot width, lot depth, lot frontage, lot
coverage, density, and setbacks. The existing continuing care
facility building also meets the current CF height limit of 48'.
A site plan modification request will be required for the
proposed addition. Further LDR requirements will be addressed
during the review of that proposal.
REVIEW B Y o THE R S:
The rezoning is not in a geographic area requiring review by
either the HPB (Historic Preservation Board) , DDA (Downtown
Development Authority) or the CRA (Community Redevelopment
Agency) .
.
P & Z Staff Rep' "
Abbey Delray SOl. _.1 Rezoning From PRO To CF
page 7
Neiqhborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A special certified
notice has been sent to each of the property owners of record.
Courtesy notices have been sent to:
~
* Tom Fleming, President
Andover Homeowners Association;
* Dorothy Alport, President
Southwinds of Crosswinds;
* Lillian Feldman
Pines of Delray Homeowners;
* Jacob Friedly
Pines of Delray West; and
* Jim Goggin, President
Shadywoods Homeowners
who have requested notification of petitions in that area.
Letters of objection, if any, will be presented at the P &, Z
Board meeting.
ASS E SSM E N T AND CON C L U S ION:
This development functions as a continuing care facility,
offering a variety of services to residents. The property is
operated by a not-for-profit corporation and supported by bonds
issued by a public authority. This is consistent with a
"semi-public use," as stated in the the Purpose and Intent of
the CF District. The continuing care and nursing home uses
presently on the site are permitted as conditional uses in CF.
A rezoning of the portion of the development currently zoned PRD
to CF would allow for necessary improvements or expansions to
the existing facilities without creating undue conflicts with
surrounding developments. The portions of the site developed
with villas may retain their current RL zoning for the present,
but should be considered for CF zoning in the future.
A L T ERN A T I V E ACT ION S:
A. Continue with direction.
B. Recommend rezoning of only the portion of the site
currently zoned PRO (parcels "u" and "V") to RM, based
on positive findings.
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P & Z Staff Rep' "
Abbey Delray Sot. _.1 Rezoning From PRO To CF
page 8
C. Recommend rezoning of only the portion of the site
currently zoned.PRO (parcels "U" and "V") to CF, based
on positive findings.
D. Recommend an LDR text amendment to the PRO zoning
district to permit continuing care facilities as
conditional uses, based on positive findings.
/'
E. Deny a rezoning for tracts "U" and "V" of Abbey Delray
South, based on a failure to make positive findings.
S T A F F R E COM MEN D A T ION:
Recommend approval of the rezoning request for parcels "U" and
"V" of Abbey Delray South from PRO (Planned Residential
District) to CF (Community Facilities), based upon positive
findings with respect to Chapter 3 (Performance Standards) of
the Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.S(E)(S).
Attachments:
* Letter of Request
* Location Map
Report prepared by : Jeff Perkins, Planninq Technician I
Reviewed by DJK on : / D /5-/c1'1- '<$J.J; lid
· I
BAILE\'.
LESSIRARD & DONAHUE ARCH ',C- JRE
NTE~IC: :,SGN
GRAP'" C ::,S,GN
August 28,1992
.-.-
M,- . David J. Kovacs
Director of Planning & Zoning
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: Rezoning of the Abbey Delray South property tc CF
Dear Mr. Kovacs,
Please accept this letter as a formal request on behalf
of my client, Abbey Delray South to rezone their propert)1
to CF (Community Facilities). It is my understanding
that the City will initiate this rezoning and the
requisite conditional use application upon receipt of
this letter.
Should you have any questions of require further
discussion, please contact me at the above phone number
and address.
~,incerely ,
MLDA, Inc. d/b/a
~e~dk:hue
. .vin Donahue, AIA, CSI
1f'''''' 1"';;:' l' \JF.])
_. ..Ij .," .; I...
'."~'~;::~'~' I
MlDA. INC. d/b/a (.i; -...".
\ILEV.lESSIRARD & DONAHUE ' A~!~ ~: \992'
1280 &IV 36TH AVENUE.
SUITE 303
POMPANO BEACH. FLORIDA 33069 - - ....;'IiNG
(305) 979-0701 . ....~ ~ 'u',' .
r:: .',~:'..'~"-l'....'''''''''- .
(305) 977.9252 FAX I '.. .
lICENSE #AACOO1758
# AAFCXXXl90
'.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /0 B - MEETING OF NOVEMBER 17. 1992
ORDINANCE NO. 55-92
DATE: November 13, 1992
This is second reading of an ordinance rezoning the North Ocean
Boulevard parking lot property located on the west side of Ocean
Boulevard, north of Atlantic Avenue from CF (Community Facilities)
zone district to OS (Open Space) zone district.
In August 1991, the Planning Department received a letter from the
Beach Property Owner's Association, which expressed concerns relative
to the potential for the establishment of commercial activities in the
beach parks given the allowance of cruise boat operations at Veteran's
Park.
CF zoning allows certain accessory uses which are commercial in
nature, such as food vendors. The proposed rezoning to OS would
protect the parks from commercial activities.
The Planning and Zoning Board at their September 21st meeting
recommended approval.
Recommend approval of Ordinance No. 55-92 on second and final reading.
'.
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._._--,-~.._~-~ - . ---_.--
.- -----_.- ---. - ---
ORDINANCE NO. 55-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN
OS (OPEN SPACE) DISTRICT; SAID LAND BEING A PARCEL
KNOWN AS NORTH OCEAN BOULEVARD PARKING LOT, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
$ection 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District as defined in Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
A parcel of land being a portion of original Lots 13, 14
and 15, OCEAN BEACH SUBDIVISION, Section 16, Township 46
South, Range 43 East, Delray Beach, Palm Beach County,
Florida, more particularly described as follows:
Commencing at the intersection of the centerline of
Atlantic Avenue and the East right-of-way line of
Andrews Avenue extended; thence with said East
right-of-way line Northerly 612.83 feet to the North
line of the South Half (S 1/2) of original Lot 13; with
an interior angle to the left of 89 degrees 47' 30",
153.00 feet along said North line of the South Half (S
1/2) of original Lot 13, in an Easterly direction to the
point of beginning; thence continuing along said North
line, 314.95 feet in an Easterly direction to the West
right-of-way line of Ocean Boulevard (SR A-1-A); thence
with an interior angle to the left of 81 degrees 10'
07", 57.66 feet in a Southerly direction along said West
right-of-way line; thence with an interior angle to the
left of 90 degrees 41' 53", 306.02 feet in a Westerly
direction; thence with an interior angle to the left of
90 degrees 12' 30", 57.00 feet in a Northerly direction
to the point of beginning.
The subject property is located north of Atlantic Avenue
on the west side of Ocean Boulevard.
The above-described parcel contains 0.41 acres of land,
more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
.
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PASSED AND ADOPTED in regular session on this the 17th day of
NovembF!r I 1992
~~
ATTEST:
Q l J Mn Vi)}f1-/ M ':;n 4<:h('
City Cl k
First Reading October 27, 1992
Second Reading November 17. 1992
- 2 - ORD. NO. 55-92
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (ni\~ID T. HARDEN, CITY MANAGER
~j,)~j ~~~J--
THRU: IOAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
.--~- r ~ ~d'"'
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FROM: JANET MEEKS, PLANNER II
SUBJECT: MEETING OF OCTOBER 27, 1992
APPROVAL ON FIRST READING OF AN ORDINANCE FOR
REZONING BEACH PARKING LOTS AND ATLANTIC DUNES PARK
FROM CF (COMMUNITY FACILITIES) TO OS (OPEN SPACE)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the rezoning ordinance affecting the subject
properties listed below:
* Atlantic Dunes Park - located north of Linton
Boulevard, on the east and west sides of A-I-Ai
* Sandoway Park and Ingraham Avenue Park - located south
of Atlantic Avenue on the west side of A-I-Ai
* Anchor Park - located north of Casurina Road, on the
west side of A-I-Ai and
* Ocean Boulevard Parking Lot - located north of Atlantic
Avenue, west of A-I-A.
Note: The existing "North Beach Parking Lot" is zoned CBD. It
is to be demolished with the expansion of the Holiday Inn.
Therefore, is not included with this rezoning petition.
BACKGROUND:
In August of 1991, the Planning Department received a letter
(copy attached) from the Beach Property Owner's Association,
which expressed concerns relating to the potential for
commercial activities to be established in the beach parks.
\ ~, 1) - F
'.
City Commission Documentation
Beach Parking Lot and Atlantic Dunes Rezoning
Page 2
The beach parks are currently zoned CF (Community Facilities). CF
zoning accommodate a variety of uses. The Association wanted to
protect the parks from those types of activities and the
potential for commercial uses. A zoning designation of OS (Open
Space) would provide that protection.
The underlying land use for the parks is also CF. Until
recently, the OS (Open Space) zoning was not an allowable zoning
under the CF land use designation. The land use
designation/zoning matrix had to be amended so that the OS (Open
Space) zoning would be consistent with the Community Facilities
land use designation. This was accomplished at the City
Commission meeting of September 8, 1992 with the approval of
Comprehensive Plan Amendment 92-1.
A follow up to that action is to rezone the parks from CF
(Community Facilities) to OS (Open Space) , which is the action
now before the Board.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at
their regular meeting of September 21, 1992, and unanimously
approved the rezoning on a 7-0 vote.
RECOMMENDED ACTION:
By motion, approve the ordinance on first reading to rezone the
subject properties from CF (Community Facilities) to OS (Open
Space) .
Attachment:
* P&Z Staff Report
* BPOA Letter of August 20, 1991
* Location Map
JM/CCPARKS.DOC
P'LA"NNING & ZONING BOARD
"CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: September 21, 1992
AGENDA ITEM: IV.B.
ITEM: Rezoning, Beach Parking Lots & Atlantic Dunes Park
from CF (Community Facilities) to OS (Open Spaces)
GENERAL DATA:
Owners...................Palm Beach County, City of Delray Beach.
Agent....................David C. Harden, City Manager.
City Land Use Plan.......Community Facilities - Recreation
City Zoning..............CF (Community Facilities)
Proposed Zoning....... ...05 (Open Space)
Existing Land Use....... . Parks with attendant parking lots.
Proposed Improvement.... .None.
North Ocean Boulevard Parking Lots
Location.................West Side of Ocean Boulevard, north of Atlantic
Avenue.
Property Size............O.41 Acres
Adjacent Zoninq...North: RM (Multiple Family ReSidential - Medium Density)
East: OS (Open Space)
South: CBD (Central Business District)
West: RM
Sandowayand Ingraham Parks:
Location.................Northwest Corner of Atlantic Avenue and Ingraham
Street.
Property Size............2.60 Acres
Adjacent Zoning...North: RM
East: OS
South: RM
West: RM
.;
I Anchor Park:
.
,
Location.................West side of Ocean Boulevard, north of Casurina Road.
Property Size............2.50 Acres
Adjacent Zoning...North: RM
East: OS
South: RM
West: RM
Atlantic Dunes Park:
Location.................East side Ocean Boulevard, north of Linton
Boulevard.
Property Size............7.00 Acres
Adjacent Zoning...North: R-lAA (Single Family Residential) and RM
East: None (Atlantic Ocean)
South: RM and R-lAA
West: R-lAA IV.B.
'.
I T E M B E FOR E THE BOA R D:
The action before the Board is that of making a recommendation
-- to the City Commission on a rezoning request from CF (Community
Facility) to OS (Open Space).
.
The subject properties include the following:
* Atlantic Dunes Park, located north of Linton Boulevard, on
the east and west sides of A-I-A;
* Sandoway Park and Ingraham Avenue Park, located south of
Atlantic Avenue, on the west side of A-I-Ai
* Anchor Park, located north of Casuarina Road, on the west
side of A-I-A; and
* Ocean Boulevard Parking Lot, located north of Atlantic
Avenue, west of A-IA.
B A C K G R 0 U N D:
In August of 1991, the Planning Department received a letter
(copy attached) from the Beach Property OWner's Association,
which expressed concerns relating to the potential for
commercial activities to be established in the beach parks given
allowance of an intercoastal cruise boat at Veteran's Park.
The beach parks are currently zoned CF (Community Facilities).
CF allows certain accessory uses which are commercial in nature,
such as food vendors. The Association wanted to protect the
parks from any commercial activities. A zoning designation of
OS (Open Space) would provide that protection.
The underlying land use for the parks is also CF. Until
recently, the OS (Open Space) zoning was not an allowable zoning
under the CF land use designation. In response to the Beach
Property OWner's letter, the use and the Zoning and Future Land
Use Map designations of the beach parks was considered at the
formative stages of Comprehensive Plan Amendment 92-l. The
result of that consideration was for the land use
designation/zoning matrix to be amended so that the OS (Open
Space) zoning would be consistent with the Community Facilities
land use designation.
A follow up to that action is to rezone the parks from CF
(Community Facilities) to OS (Open Space) , which is the action
now before the Board.
P&Z staff Report
Beach Parks Rezonings
Page 2
PRO J E C T DES C R I T ION :
Atlantic Dunes Park contains 7 acres, includes a beach area,
approximately 114 parking spaces, rest rooms and a shelter.
Sandoway and Ingraham Avenue Park contains 2.6 acres and
,.-
approximately 124 parking spaces and rest rooms. Anchor Park
contains 2.5 acres, 84 parking spaces and rest rooms. The Ocean
Boulevard parking lot is not yet constructed. It will contain
0.4 acres and 29 parking spaces. The site of Fire Station #2
immediately to the west, will remain CF.
Note: The existing "North Beach parking Lot" is zoned CBD. It
is to be demolished with the expansion of the Holiday Inn.
Therefore, is not included with this rezoning petition.
Z 0 N I N G A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The requested zoning change is from CF (Community Facility) to
OS (Open Space) . The OS (Open Space) zoning designation is
deemed consistent with the Community Facilities land use
designation.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposed OS zoning will not have an impact on the level of
service standards, and will in fact lessen the likelihood of any
future development which would affect levels of service.
'.
P&Z Staff Report
Beach Parks Rezonings
Page 3
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (standards for Rezoning Actions) along
with required findings in Section 2.4.5(0)(5) (Rezoning Finding)
shall be the basis upon which a finding of overall consistency
is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in the making of a
finding~f overall consistency.
Section 3.3.2 ( Standards for Rezoning Actions): 'I:he applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
The parks are located in stable residential neighborhoods. As
part of this proposal, the land use/zoning matrix was amended so
that the OS zoning is consistent with the Community Facilities
land use designation. It would be appropriate that the LOR's be
amended .so that OS is added to this standard, as Open Space
permitted uses include cemeteries, water bodies, parks, etc.
which are appropriate uses within stable residential areas.
0) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land us.es
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The proposed Open Space zoning is more restrictive than the
current CF zoning designation. It will stabilize the current
uses, thus ensuring the parks continuing compatibility with the
adjacent land uses.
LOR COMPLIANCE:
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
P&Z Staff Report
Beach Parks Rezonings
Page 4
Item C above is the reason for which the rezoning change is
being sought, as the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that the proposed
zoning of OS is more restrictive than the current CF zone
designation, and therefore, is more appropriate for the parks
given their locations within stable residential neighborhoods.
/'
Other:
A question may be raised as to how some of these parks with
stand alone parking lots are accommodated under the OS zoning
district. The OS district allows parks as a permitted use,
and parking lots as an accessory use [REF: Section 4.4.22]. In
this case the parking lots would be considered an accessory use
to the Municipal Beach Park.
There has been some discussion regarding a proposal to construct
a lifeguard station at Sandoway Park. Currently, this type 0 f
use would not be allowed under the OS district. However, it
would be appropriate that the LDR'S be amended so that public
facilities associated with public needs be allowed as an
accessory use.
REV I E W B Y o THE R S:
The rezoning is not in a geographic area reqUiring review by
either the HPB (Historic Preservation Board) , DDA (Downtown
Development Authority) or the CRA (Community Redevelopment
Agency) .
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject properties. A courtesy notice has
been sent to the Beach Property Owners Association and the Parks
and Recreation Department.
ASS E SSM E N T AND CON C L U S ION:
The rezoning of the parks to Open Space will eliminate the
potential to accommodate commercial activities within the beach
parks, thus eliminating any potential to create an
incompatibility with the surrounding neighborhoods. The
requested zoning is of similar intensity as allowed under the
Future Land. Use Map.
'.
P&Z staff Report
Beach Parks Rezonings
Page 5
A L T ERN A T I V E ACT ION S:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make arpositive finding with respect to Chapter
3.3.2 (Compatibility), and that pursuant to Section
2.4.5(0)(5) the rezoning fails to fulfill at least one of
the reasons listed.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(E)(5).
S T A F F R E COM MEN 0 A T ION:
Recommend approval of the rezoning request based upon positive
findings with respect to Chapter 3 (Performance Standards) of
the Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5(E)(5).
Attachments:
Location Maps
BPOA Letter of August, 1991
. , ~~ ()7J
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. .
, -BEACH PROPERTY OWNERS'
ASSOCIATION, INC.
. .~ -j( ~~ P.O. BOX 3]5
.:.;,..')....- ~ DELRAY BEACH, FLORIDA 33444
August 20, 1991
,,-
To the Mayor and City Commission
City of Delray Beach
Florida, 33444 . -
- - . - -- --
This is to follow up on our request before the City Commission
on Tuesday evening, August 13, 1991 with respect to rezoning the
beach parks, Atlantic dunes, Sandoway, and Anchor, to carry the
same zoning as the main public beach.
After informal discussion with several Commissioners, we felt
there was some agreement with our position to keep commercial
activities from the beach parks. There already are adequate
commercial facilities on the west side of State Road AlA in the
. area of the Atlantic Avenue intersection; all other is residential.
To review the existing cir~umstances; The 11 mile main public
beach is already zoned OS. Atlantic Dunes Park (500 ft. beach) is
presently zoned CF; but in our view should always have been zoned
OS because the north 400 ft. is a conservation area. It was
purchased by the city about 24 years ago, and when the beach park
was later developed by the County (which had later acquired the
remaining land now in the park) the 400 ft. property was preserved
~ as a natural beach hammock, while the southernmost 100 ft. is the
(. "working part" of the beach park. Sandoway and Anchor Parks, while
presently zoned eF, are only separated from the public beach by the
width of State Road AlA. The east curb marks the OS zoning line,
the west side of the road (no curb) at the present time marks CF
zoning.
Because commercial is now is allowed as a conditional use in
CF zone, the Beach Property Owners' Association makes the following
request: That the City Commission initiate the rezoning of Atlantic
Dunes, Sandoway, and Anchor Parks to OS, and also make the appropriate
Land Use Map changes. We request that the City commission also make
the following change to the LDR's to add accessory uses to OS:
Sec. 4.4.22 (C~cessory Uses and Structures Allowe&: The
following types of use are allowed when a part of, or
accessory to, the principal use:
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Follow~~Q~n_~fOA Auoust 13 r~m!.~1! - -
ADD ( 5 ) Beach and lif~guard shelters and beach cab~na service.
( 5) You will find a distinct similarity between the above proposed
for beach parks, and the existing (4) which allows "Golf course
clubhouse, proshop, maintenance buildings" as an accessory use in OS.
(Please see attachment from the lOR's). Appropriate accessory uses
are thus provided in the lOR's for twe open space golf course; we
believe the accessory uses essential to the public beaches ought to
be treated in the same way.
The Comprehensive Plan also treats both in the same way. In
Sec.GS Future land Use Map under Recreation and OQen Space land Use
it 'is stated, "Open space areas include . . . beaches . . . golf courses
etc. " Also, "Publ ic recreation areas which al so hav~ indoor - ----
. . .
fa~ilities (e.g. community centers) are more apt to be shown as
"Community Facilities". (Please see attachment from the Comprehensive
Plan). None of the beach parks has indoor facilities except for
restrooms, which are an allowed accessory use in OS zone.
We greatly appreciate you attention to this matter, which is
intended to protect the character of our beaches. We believe it also
will be appreciated by the many residents of this city who take such
pleasure and pride in the quality of our public beaches.
Thank you for this consideration.
Sincerely yours.
~~ ,u. }~~-::> ~
Elizabeth H.Matthews
..; Executive Director, BPOA
.
,.
Copies to: City Manager ./
Planning Director
Parks and Recreation Director
PLEASE"-NOTE-:-rhe Land Development Regulation Sec.4.4.22 (e)
Open Space (OS) District: ~ff!1~2rY_~1!1_!ng
Structures ~l!~g does allow parking lots when
they are part of the principal use, which in
this case is Parks. Therefore in Anchor and
Sandoway Parks we are requesting that the entire
park area be OS, as well as the parking lots at
Atlantic Duned Park and the interior~handicap
parking.
.
" . .L
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Scct.lon 4.4.22 .~n Space (OS) D.lstrict:'! .
( A) Purpose and Intent: The Open Space (OS) Zone District
is established in order to most appropriately identify parcels of
land which are used primarily in an open space manner. Although
created to reflect open space areas as shown on the Future Land
Use Map, the OS District may also be applied to portions of land
development projects which are primarily open space in nature
e.g. golf courses and water bodies.
. _. -
. - --
(B) Principal .. Uses --. and- Structures Permitted: The
following types of use are allowed within the OS Di~tricj:. ~~ ~_.
permitted use:
( l) 'parks~ public or private
(2) Cemeteries
(3)~~a~~r:bodies,and/or water management tracts within
development projects.
(4) Excess parcels located along the Interstate
Highway System, Canals, and similar parcels which should be
retained for open space and aesthetic purposes. .
4
(5) Golf Courses, public or private
I
(e) - .\ The following
Accessory'Uses' .and Structures A1lowed:,
types of use are allowed when a part of, or accessory to, the
principal use:
...; ( 1) parking-lots ~
, (2) RestrooPlS, rest areas .
. \
(3) Interpretative trails
-- ,,:":'~"-~-'" ~~
__0<"- ( 4 ) Golf '-~ course clubhouse, pros hop , -_.~ JD4Inten~nc_e---
buildIngs. 1
(D) Conditional Uses and Structures Allowed: There are no
listed conditional uses in the OS District. If a use is so
contemplated, it may be more appropriate to seek CF District
zoning.
(E) Review and Approval Process: The use of any land
within the OS District must be pursuant to a site and development
plan which has been approved by the Site Plan Review and
Appearance Board pursuant to Sections 2.4.5 (F) , (H), and (I), as
appropriate.
.
4.4.71
..
. .' Cn-~ ~"- ... .
Commerce: This designation is applied to property which is
developed, or is to be developed, in such a manner as to
accommodate a mix of industrial, service, and commercial
uses. This may be done either through development of
existing parcels or through a planned concept.
Zoning districts which are consistent with this land use
. designation are: -
* Mixed Commercial and Industrial (MIC)
* Planned Commerce Center (PCC)
.
AGRICULTURAL LAND USE: There are no designations for
agricultural land use on the Future Land Use Map. The City 'of ----
Delray Beach Planning Area is an urbanized area with, in 1989,
over 87\ of its land area developed. The long-term continuance
of existing agricultural operations is not compatible with the
urbanization which is occurring. Current agricultural uses (e.g.
nurseries, orange grove) shall be zoned as ART (Agricultural-
Residential Transition).
RECREATION- ,-'OPEN SPACE LAND USE: .\. This designation applies t()"T1
public .- recreational areas (such as municipal parks), to ope~ t
space areas, and to conservation areas. Open space areas include
canals, waterways, beaches, shores, estuarine systems, ,~golf..
~courses~private open (common)-areas within planned developments,
* 'and undevelopable parcels. Public recreational areas. which -. also
have indoor.facilities (e.g. ,community!;centers) are more. apt to
, . be shown' as """Community Facilities". The conservation properties
I are those lands shown on the Conservation Map. . Land shown under
. this designation shall not be used for any purpose other than
~ recreation, open space, or conservation.
,.
Zoning districts which are consistent with this land use
designation are:
* Community Facilities (CF)
* Open Space (OS) (This zoning district is to be created
after adoption of the Comprehensive Plan)
CONSERVATION LAND USE: This designation applies to those
specific properties identified in the Conservation Element as
land to be preserved. No other land use is appropriate. These
properties shall be either be placed into public ownership or
developed only as allowed by policies of the Conservation
Element. The are shown on the Future Land Use Map under the
Recreational and Open Space designation.
III-G-44
"
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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJ/t1
SUBJECT: AGENDA ITEM i /0 ~ - MEETING OF NOVEMBER 17. 1992
ORDINANCE NO. 56-92
DATE: November 13, 1992
This is second reading of an ordinance rezoning the Sandoway Park
property located on the northwest corner of Ocean Boulevard, south of
Atlantic Avenue from CF (Community Facilities) zone district to OS
(Open Space) zone district.
In August 1991, the Planning Department received a letter from the
Beach Property OWner's Association, which expressed concerns relative
to the potential for the establishment of commercial activities in the
beach parks given the allowance of cruise boat operations at Veteran's
Park.
CF zoning allows certain accessory uses which are commercial in
nature, such as food vendors. The proposed rezoning to OS would
protect the parks from commercial activities.
Additionally, there has been some discussion regarding a proposal to
construct a lifeguard station at Sandoway Park. Currently, this type
of use is not allowed under the OS district. However, staff believes
that it is appropriate to amend the LDRs so that public facilities
associated with public needs can be allowed as accessory uses.
The Planning and Zoning Board at their September 21st meeting
recommended approval.
Recommend approval of Ordinance No. 56-92 on second and final reading.
'.
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-_.---- --------
ORDINANCE NO. 56-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN
OS (OPEN SPACE) DISTRICT; SAID LAND BEING SANDOWAY
PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990" ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:.
Section 1. That the following described property in the Ci ty
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District as defined in, Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
The North 59 feet of the South 100 feet of Lot 23, the
South 41 feet of Lot 23, and the .North 27 feet of Lot
24, Beach Lots, Delray, lying within Section 16,
Township 46 South, Range 43 East, Palm Beach County,
Florida.
The subject property (Sandoway Park) is located south of
Atlantic Avenue, on the west side of State Road A-1-A.
The above-described parcel contains 1.89 acres, more or
less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or -part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 17th day
of November , 1992.
~~
ATTEST:
(J #1'NJn V!)1!.'/).;J.l~ /!nJiy
City C rk
First Reading October 27, 1992
Second Reading November 17, 1992
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER flJ'tf
SUBJECT: AGENDA ITEM i /0 J) - MEETING OF NOVEMBER 17. 1992
ORDINANCE NO. 57-92
DATE: November 13, 1992
This is second reading of an ordinance rezoning the Ingraham Park
property located on the northwest corner of Ocean Boulevard, south of
Atlantic Avenue from CF (Community Facilities) zone district to OS
(Open Space) zone district.
In August 1991, the Planning Department received a letter from the
Beach Property Owner's Association, which expressed concerns relative
to the potential for the establishment of commercial activities in the
beach parks given the allowance of cruise boat operations at Veteran's
Park.
CF zoning allows certain accessory uses which are commercial in
nature, such as food vendors. The proposed rezoning to OS would
protect the parks from commercial activities.
The Planning and Zoning Board at their September 21st meeting
recommended approval.
Recommend approval of Ordinance No. 57-92 on second and final reading.
'.
.
-------"-~
"-.-.--------. ----~ ~- -..-
ORDINANCE NO. 57-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BE.ACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN
OS (OPEN SPACE) DISTRICT; SAID LAND BEING INGRAHAM
AVENUE PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990" ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District as defined in Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
The South 59.4 feet of Lot 24, Beach Lots, Delray, lying
within Section 16, Township 46 South, Range 43 East,
Palm Beach County, Florida.
The subject property (Ingraham Avenue Park) is located
at the northwest corner of Ingraham Avenue and State
Road A-1-A.
The above-described parcel contains 0.71 acres of land,
more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 17th day
of November , 1992.
~~
ATTEST:
(}j;NJrN(}1.f)IA I r J/nilr
City lerk
First Reading October 27, 1992
Second Reading Novemh",y 17 1 qq2
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tflt'
--
SUBJECT: AGENDA ITEM * /0 t:. - MEETING OF NOVEMBER 17. 1992
ORDINANCE NO. 58-92
DATE: November 13, 1992
This is second reading of an ordinance rezoning the Anchor Park
property located on the west side of Ocean Boulevard, north of
Casuarina Road from CF (Community Facilities) zone district to OS
(Open Space) zone district.
In August 1991, the Planning Department received a letter from the
Beach Property Owner's Association, which expressed concerns relative
to the potential for the establishment of commercial activities in the
beach parks given the allowance of cruise boat operations at Veteran's
Park.
CF zoning allows certain accessory uses which are commercial in
nature, such as food vendors. The proposed rezoning to OS would
protect the parks from commercial activities.
The Planning and Zoning Board at their September 21st meeting
recommended approval.
Recommend approval of Ordinance No. 58-92 on second and final reading.
'.
-
- -- --_._~----- ._~---
--_..~-_.-
~ - -------------- ---~.~--~ - _.-._~~---
ORDINANCE NO. 58-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN
OS (OPEN SPACE) DISTRICT; SAID LAND BEING ANCHOR PARK,
AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990" ;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District as defined in Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
The South one ( 1 ) foot of Lot 30 and the North 80.35
feet of Lot 31 ; and the South 79.4 feet of Lot 31 ; and
the North 100 feet of Lot 32 LESS the West 125 feet; and
the West 125 feet of the North' 100 feet of Lot 32, Beach
Lots, Delray, all lying within Section 16, Township 46
South, Range 43 East~ Palm Beach County, Florida.
The subject property (Anchor Park) is located north of
Casuarina Road, on the west side of State Road A-I-A.
The above-described parcel contains 2.50 acres of land,
.more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 17th day
of November , 1992
~,~
, M A ~R
ATTEST:
0#1 :vm'l[)1I'- kur IIfh7Jy
Cit Clerk
F.irst Reading October 27, 1992
Second Reading November 17, 1992
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BEACH PARKS
REZONINGS
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~f
SUBJECT: AGENDA ITEM # /0 P - MEETING OF NOVEMBER 17. 1992
ORDINANCE NO. 59-92
DATE: November 13, 1992
This is second reading of an ordinance rezoning the Atlantic Dunes
Park property located on the east side of Ocean Boulevard, north of
Linton Boulevard from CF (Community Facilities) zone district to OS
(Open Space) zone district.
In August 1991, the Planning Department received a letter from the
Beach Property Owner's Association, which expressed concerns relative
to the potential for the establishment of commercial activities in the
beach parks given the allowance of cruise boat operations at Veteran's
Park.
CF zoning allows certain accessory uses which are commercial in
nature, such as food vendors. The proposed rezoning to OS would
protect the parks from commercial activities.
The Planning and Zoning Board at their September 21st meeting
recommended approval.
Recommend approval of Ordinance No. 59-92 on second and final reading.
'.
--------- ---"'.- ....._--
._..~- -_._-_._.~~-_. -.- --~._-~._._----~------~.._--_._--_..._------
ORDINANCE NO. 59-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY' BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN
OS (OPEN SPACE) DISTRICT; SAID LAND BEING ATLANTIC
.DUNES PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990" ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District as defined in Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
The South 400.00 feet of the North 4680 feet lying East
of State Road A-1-A and the South 100 feet of the North
2140 feet of Government Lot 4 east of State Road A-1-A,
all lying in Section 21, Township 46 South, Range 43
East, Palm Beach County, Florida;
TOGETHER WITH
Lots 1 and 2, DELRAY BEACH SHORES, recorded in Plat Book
23, Page 167, of the Public Records of Palm Beach
County, Florida.
The subject property (Atlantic Dunes Park) is located
north of Linton Boulevard, on the east and west sides of
State Road A-1-A.
The above-described parcel contains 7.00 acres of land,
more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
.Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 17th day
of November , 1992.
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ATTEST:
(J 11~~Ju ~ /lo?4c-
City: Clerk
First Reading October 27. 1992
Second Reading November 17, 1992
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER;it(
SUBJECT: AGENDA ITEM i/~ It - MEETING OF NOVEMBER 17. 1992
ORDINANCE NO. 60-92
DATE: November 13, 1992
This is first reading of an ordinance modifying the Community
Redevelopment Plan in its entirety; finding that the modification
conforms to the Community Redevelopment Act of 1969; finding that the
modification is consistent with the City's Comprehensive Plan; and
making further findings pursuant to the applicable requirements of
Florida Statutes Section 163.360 (6) (7).
A copy of the Community Redevelopment Plan - 1992 (amended) was
previously provided and discussed at the November 3rd joint
worksession with the CRA. A copy will be available in the Commission
Chambers on Tuesday evening.
Recommend approval of Ordinance No. 60-92 on first reading.
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: November 10, 1992
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Modification to the Community Redevelopment Plan
Robert Federspiel, attorney for the Community Redevelopment
Agency has prepared this ordinance which modifies the Community
Redevelopment Plan.
The plan is incorporated in Exhibit A. By copy of this
memorandum to David Harden, our office is requesting that this
ordinance be placed on the November 17, 1992, City Commission
Agenda for first reading. Our office has already advised the
City Clerk's office to send out the appropriate notices
required by statute to local taxing authorities fifteen (15)
days prior to the adoption on second and final reading.
Please do not hesitate to contact our office fif you have any
questions regarding this matter.
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cc Alison MacGregor Harty, City Clerk
Robert Federspiel, Esq.
Attachment
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ORDINANCE NO. 60-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH,
FLORIDA, IN ITS ENTIRETY; FINDING THAT THE MODIFICATION
CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS
i AMENDEDj FINDING THAT THE MODIFICATION IS CONSISTENT
I WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND
,I MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE
I. REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7);
'I AND PROVIDING A SAVING CLAUSEj AND PROVIDING AN
" EFFECTIVE DATE.
II
!I WHEREAS, the City Commission of the City of Delray Beach,
Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a
:1 Community Redevelopment Agency as provided in Florida Statutes Section
163.356j and
WHEREAS, on December 23, 1986, the Board of County
Commissioners of Palm Beach County passed and adopted Resolution No.
R-86-2003 delegating the exercise of the powers conferred upon the
County by Chapter 163, Part 3, Florida Statutes, within the boundaries
of the City of Delray Beach to the governing body of the City of Delray
Beach completely and without limitationj and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has heretofore approved a Community Redevelopment Plan on
September 9, 1986, by Resolution No. 49-86 as subsequently amended on
November 24, 1987, by Resolution No. 47-87 and as further ratified and
amended on February 14, 1989, by Resolution No. 6-89, and as further
ratified and amended on September 25, 1990, by Resolution No. 86-90; and
as further ratified and amended on April 9, 1991, by Resolution No.
28-91j and as further ratified and amended on November 26, 1991, by
Resolution No. 93-91j and as further ratified and amended on May 26,
1992, by Ordinance No. 17-92j and
WHEREAS, the Community Redevelopment Agency of the City of
Delray Beach, Florida, hereinafter referred to as the II eRA" , has
heretofore adopted a Community Redevelopment Planj and
WHEREAS, the CRA is desirous of modifying said Plan in its
I entirety to redefine its goals, policies, and objectives, as well as the
complete redefinition of its programs and projects contemplated thereby;
:J and
iI WHEREAS, the CRA of the City of Delray Beach has recommended to
'i the City Commission of the City of Delray Beach pursuant to this
ordinance that the Community Redevelopment Plan be modified, amended,
and ratified in its entirety in the form attached hereto as Exhibit "A";
and
, WHEREAS, the City Commission find. that the modification
I conforms to the Community Redevelopment Act of 1969, as amended; and
II
!! WHEREAS, the City Commission find. that the modification is
con.istent with the City of Delray Beach's Comprehensive Planj and
WHEREAS, the City Commission further finds that the
!I modification meets the applicable requirements of Section 163.360(6)(7),
i Florida Statutes; and
; WHEREAS, the City Commission shall hold a public hearing on
I said modification to the Plan, after public notice is given in
" conformance with the requirements of Chapter 163, Part 3, Florida
II Statutes.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the preamble stated above is hereby
incorporated by reference herein, as findings of fact upon which this
Ordinance is based.
Section 2. The Community Redevelopment Plan is modified in its
entirety in the form and as attached hereto as Exhibit "A" and made a
part hereof.
Section 3. That if any section, subsection, paragraph,
sentence or word or other provision of this Ordinance, or any portion
thereof, or its application to any person or circumstance, be declared
by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not effect the validity of any other section,
subsection, paragraph, sentence, or word or provision or its application
to other persons or circumstances and shall not effect the validity of
the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
I Section 4. That this ordinance shall become effective
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PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 60-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/
SUBJECT: AGENDA ITEM tt I ~ l1 - MEETING OF NOVEMBER 17. 1992
ORDINANCE NO. 61-92
DATE: November 13, 1992
This is first reading of an ordinance changing the City's Land Use
Plan Designation in the Comprehensive Plan for a parcel of land
located east of Military Trail on the south side of Linton Boulevard,
adjacent to the Boca Rey Plaza, known as the Holland property.
This property was annexed in November, 1989 with a zoning designation
of POC (Planned Office Center) . The annexation coincided with
adoption of the Comprehensive Plan and new land use map. The FLUM
designated the property as "Mixed Use" comprised of a fire station
site and park site, with the balance of the property in transitional.
After determinations were made to site the fire station and park
elsewhere, the FLUM designation was changed to Transitional for the
entire site.
The property owner is seeking a FLUM change to Commercial and rezoning
to PC (Planned Commercial) so that he can market the property for
commercial usage.
The proposed land use change conflicts with future land use policies
which seek to limit commercial amendments for the western pori ton of
the City. The Planning Department has also expressed concern about a
possible conflict with policies dealing with compatibility with
adjacent uses. They believe the current "Transitional" land use
designation appears more appropriate in view of the referenced
policies and the adjacent land use designations of Commercial to the
west and Medium Density Residential to the east.
The Planning and Zoning Board at their October 19th meeting
unanimously recommended denial. A detailed staff report is attached
as backup material for this item.
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ORDINANCE NO. 61-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE
PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL
OF LAND LOCATED EAST OF MILITARY TRAIL ON THE SOUTH
SIDE OF LINTON BOULEVARD. AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM "TRANSITIONAL" TO "GENERAL
COMMERCIAL" ; AMENDING THE LAND USE PLAN; PROVIDING FOR
EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
A parcel of land lying on the NE 1/4 of the NW 1/4 of
the NW 1/4 of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida.
Subject to Right-of-Way of Germantown Road (Linton
Boulevard) as now laid out and in use; Easement for
power line as granted to Florida Power and Light
Company, as recorded in Official Record Book 1830, Page
1356; and Right-of-Way for Lake Worth Drainage District
Lateral 36.
,I The subject property is located east of Military Trail
on the south side of Linton Boulevard, adjacent to Boca
Ray Plaza. It is known as the Holland property.
The above described parcel contains a 9.527 acre parcel
of land, more or less.
Section 2. That the City of Delray Beach, Florida, elects to
make this small scale amendment exempt from the transmittal-and-ORC
process by having only an adoption hearing, pursuant to Florida Statutes
Section 163.3187, as amended by SB 1882 (Committee Substitute),
effective April 8, 1992 .
Section 3. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to "General
Commercial" .
Section 4. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance, change
the Land Use Plan of Delray Beach, Florida, to conform with the
provisions hereof.
Section 5. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validi ty of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective upon the
issuance of a Notice of Intent to find the plan amendment in compliance
by the Department of Community Affairs.
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PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
\ ! Jeu-V1~~0~
FROM: ~_, ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 27, 1992
FIRST READING OF ORDINANCES AMENDING THE FUTURE LAND
USE MAP FROM "TRANSITIONAL" TO "GENERAL COMMERCIAL"
FOR THE HOLLAND PROPERTY; AND REZONING THE PROPERTY
FROM PLANNED OFFICE CENTER (POC) TO PLANNED COMMERCIAL
( PC) .
ACTIONS REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
consideration of an ordinance, on first reading, which
would result in a change of land use designation on the
City's Future Land Use Map (FLUM).
The land use request is for a change from "Transitional" to
"Commercial" on a 9.527 net acre parcel located on the
south side of Linton Boulevard, adjacent to Boca Rey
Plaza. It is known as the Holland property.
Also, a rezoning petition is being concurrently processed.
It is for the same property and seeks a change from Planned
Office Center (POC) to Planned Commercial ( PC) . It is also
scheduled for first reading since each aspect of the
petition requires action.
BACKGROUND:
This property was annexed in November, 1989, with a zoning
designation of POCo The annexation coincided with adoption of
the Comprehensive Plan and new land use map. The FLUM
designated the property as "Mixed Use" comprised of a fire
station site, a park site, and the balance of the site in
transitional. After determinations were made that the fire
station and park sites should be elsewhere, the FLUM designation
was changed to Transitional for the entire site. This change
occurred via Plan Amendment 92-1 on September 8, 1992.
The property owner is seeking a FLUM change to Commercial and an
accompanying rezoning to PC so that he can market the property
for commercial usage. He has claimed that a change in the
character of the area, an inability to market the property under
the current zoning, and a change in the commercial/retail market
create circumstances which warrant approval of his request.
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City Commission Documentation
Holland Property - 1st Reading of Amending Ordinances & Rezoning
Page 2
Please refer to the attached staff report for further background
and a full analysis of the requests.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of October 19, 1992. After receiving additional
materials from the applicants and hearing their presentation,
public testimony was taken. The following ,individuals spoke in
opposition to the request:
* Gretchen Bacon, representing Oak~mont Subdivision;
* Dorothy Alport, representing Crosswinds Condos;
* Bill Schwartz, representing Del Air Country Club;
* Mary Ann Caine, representing Shadywoods;
* Bob Stump, representing Crosswinds Master Association;
* Ed Guilliano, representing Fox Chase;
* Helen Coopersmith of PROD.
The applicant entered letters of support from South County
Mental Health and from the owners of Bloods Grove.
After review of the above information, the Board on a UNANIMOUS,
7-0, VOTE recommended DENIAL of the request to change the Future
Land Use Map. In a separate action, the Board again on a
unanimous, 7-0, vote recommended denial of the associated
rezoning request.
PROCESSING ITEM:
The Plan Amendment is being processed under the "small scale
amendment" provisions of Chapter 163. Due to a problem
pertaining to an inability to enact amendments to the same
parcel within a year, the effective date of the Plan Amendment
is set, in the ordinance, to be upon DCA's determination of
compliance - this will occur in 1993. Similarly, the effective
date of the rezoning is tied to the effective date of the Land
Use Amendment.
RECOMMENDED ACTION:
IN SEPARATE ACTIONS:
By motion, DENY the Ordinance effecting the requested amendment
to the Future Land Use Map based upon the recommendation of the
Planning and Zoning Board.
By motion, DENY the Ordinance effecting the requested rezoning
based upon the findings and recommendation of the Planning and
Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of October 19, 1992
PLANNING & ZONING BOARD
C'IT'y OF DELRAY BEACH --- STAFF REPORT --- .
AEE: . .HO DATE: October 19. 1992
AGENDA ITEM: IILA.
ITEM: Future Land Use Map Amendment & Concurrent RezoninR for a Parcel of Land Located
- ' on the South Side of Linton Blvd. East of the Boca Rey Plaza (Holland Property):
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GL.4ERAL DATA:
Owner........................ .Gerald H. Holland
Agent.........................Lee D. Einsweiler, AICP
Siemon, Larsen , Marsh
Location......................On the south side of Linton
Boulevard east of Military Trail.
Property Size.................9.549 acres
City Land Use Plan............Transitional
Proposed City Land Use Plan...General Commercial
City Zoning...................POC (Planned Office Center)
Proposed Zoning...............PC (Planned Commercial)
Adjacent Zoning.........North: PC and OS Open Space
East: AR (Agricultural Reserve - Palm
Beach County Zoning)
South: CF (Community Facilities)
West: PC
Existing Land Use.............Existing Nursery and single family
residence.
"" Proposed Land Use.............110.000 square foot shopping
center with attendant parking lot.
,
Water Service.................Existing 10" water main along
north side of Linton Boulevard and
8" mains within Boca-Ray Plaza.
Sewer Service.................Existing 8" sanitary sewer line
serving Boca Ray Plaza, to the IILA.
west of sub1pct ~~~~OP~V,
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I T E M B E FOR E THE BOA R 0:
The item before the Board. is that of making a recommendation on
a privately initiated Land Use Plan Amendment from r
"Transi tional" to "General Commercial" and a concurrent
rezoning from POC (Planned Office Center) to PC (Planned
Commercial) .
./' /'
The subject property is approximately 10.39 gross acres, 9.527
net acres and is located immediately east of the Boca Rey Plaza
(Linton Oaks Square) located at the southeast corner of Linton
Boulevard and Military Trail.
The staff report is formatted to discuss the Comprehensive Land
Use Plan Amendment issue first and then the associated rezoning
action.
B A C K G R 0 UNO:
The Planning and Zoning Board recommended approval of the
annexation and initial zoning to POC (Planned Office Center) of
the subject property on October 16, 1989. The City Commission
approved the annexation and initial zoning on November 28, 1989
via Ordinance No. 71-89. A sketch plan accompanied the
annexation and initial zoning request which depicted an upscale
professional office center (114,000 sq.ft.) and an upscale
restaurant (7,000 sq.ft.). No action was taken on the sketch
plan which was provided for conceptual development potential r
purposes.
Concurrent with the annexations and initial zoning action, the
land use map designation on the property was changed from SF
(Single Family) to a mixed use designation containing Open
Space, Community Facilities and Transitional land use
designations. The land use change was associated with City wide
changes accompanying the adoption of the new Comprehensive Plan.
The Open Space and Community Facility designations were linked
to needs for a City Collector street from Military Trail to
Linton Boulevard, City Park (8-9 acres) and a fire station
identified within the Comprehensive Plan. The location of these
three facilities were nonspecific as they were to "float" within
this property and the adjacent Bloods Grove property.
In the past three years the permanent fire station location has
been fixed east of this property. The "floating" park location
has been moved to the Bloods Grove parcel to the southeast via
Land Use Plan Amendment 92-1. The final location for the City
Co11ecter between Linton Boulevard and Military Trail has not
yet been determined and could potentially be affected by this
proposal (see discussion under streets and traffic section).
On August 17, 1992 the Planning and Zoning Board recommended
approval of a City initiated Land Use Plan Amendment from "Open
Space", "Public Facilities" and "Transitional" to
"Transitional". The amendment was part of Land Use Plan
Amendment 92-1 which was approved by the City Commission on
September 8, 1992.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 2
PRO J E C .T DES C RIP T ION:
The site proposed for the Land Use and Rezoning action contains
10.39 gross acres and 9.527 net acres after subtraction of the
right-of-way claimed by the Lake Worth Drainage District. The
---- property currently is occupied by a private residence ( owner's ./'
mother) , a small nursery operation, and a fruit and vegetable
stand. The site is immediately east of the 70,000 sq. ft. Boca
Rey Plaza and across Linton Boulevard from the Delray Town
Center Phase II. The applicant has requested the processing of
the land use plan amendment as a small scale amendment.
COM PRE HEN S I V E P LAN A N A L Y S I S:
The applicants have asked that this Land Use Plan Amendment from
"Transitional" to "General Commercial" be submitted as a Small
Scale Amendment pursuant to Florida Statutes 163.3187 as amended
by Senate Bill 1882, effective April 8, 1992. This statute
allows any local government land use amendment which is related
to a proposed small scale development activity to be approved
without regard to statutory limits on the frequency of
amendments (twice a year), subject to the following conditions:
* The amendment does not exceed either 10 acres of
nonresidential land or 10 acres of residential land with a
density of 10 units per acre or less;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually;
* The proposed amendment does not involve the same property
more than once a year; and
* The proposed amendment does not involve the same owner's
property within 200' of property granted a change within a
period of 12 months.
This property meets three of the four criteria listed above.
The parcel is approximately 9.527 acres (after subtraction of
right-of-way claimed by L.W.D.D. and acknowledged by the
applicant) . It would be the third small scale development
processed this year (for a cumulative total of 10.027 acres) .
It does not involve property owned by the applicant located
within 200' . However, this property has received a City
Initiated Land Use Plan Amendment within the last year (adopted
September 8, 1992) as part of Amendment 92-1. In discussions
with DCA (Department of Community Affairs) any amendment within
the year, either City or applicant initiated, would disqualify
this parcel from the small scale exemption process. Given the
above, the Board should hold the public hearing on the
amendment, provide a recommendation and then hold the amendment
to be processed with Land Use Plan Amendment 93-1 in February,
1993.
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P&Z Staff Report .
Holland - Land Use Plan Amendment
Page 3
Land Use Analysis:
Situation: The current City Land Use Designation for the site
is "Transitional". The proposed City Land Use Designation for
the parcel is "General Commercial".
./
The surrounding Land Use Map designations to the north are
"General Commercial" and "Open Space", to the south
"Transitional", to the west "General Commercial" and to the east
is "Medium Density Residential" (part of mixed use designation).
The existing Land Uses are the Boca Rey Plaza to the west,
vacant (proposed Delray Town Center Phase II) to the north,
vacant (proposed south County Mental Health Phase II) to the
south, and Bloods Grove to the east.
The existing "Transitional" Land Use designation is applied to
land which is developed or is to be developed for either
residential or nonresidential uses. In some instances this
designation provides a transition between a less intensive
residential use and commercial uses. In other instances this
designation allows the establishment of uses which are
compatible with adjacent residential uses. The transitional
land use also provides for uses which are not as intensive as
general commercial, in areas where residential use is not
desirable and/or appropriate.
The types of residential uses which are appropriate under the
Transitional . land use designation include residential
development at a density between five and twelve units per acre,
mobile home parks and apartment developments, condominiums,
continuing care facilities, ACLFs, and various types of group
homes. Nonresidential development at an intensity equivalent to
that associated with medium density residential land uses is
also appropriate.
In this instance the existing transitional designation provides
a transition between the General Commercial uses to the west and
the Residential uses to the east, allowing establishment of
office uses or other transitional uses which would act as a
buffer between commercial uses and residential uses.
Applicant's Analysis: The applicants narrative accompanying the
Land Use Amendment request contends that a commercial use is the
only economically viable use of the property. The appl icant ' s
basis is outlined in an attached justification statement and the
summary is:
* The changing nature of retailing. Direct merchandising is
replacing small scale shopping. Strip centers with
numerous small local entrepreneurs are being replaced by
larger chain (or franchise) operations.
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P&Z Staff Report
Holland - Land Use Plan Amendment
Page 4
* The changing nature of development financing. New office
development in the Delray Beach area is unlikely for a
number of years to come while the market absorbs the excess
office space currently available.
* A commerj:ial node has developed. Over the past years, a
commercial node has developed at the intersection of
Military Trail and Linton Boulevard. This has occurred
through the rezoning of parcels as they are annexed to the
City from Palm Beach County.
* The uses adjacent to the Holland Parcel have changed. This
includes the expansion of the South County Mental Health
Facility along the entire southern boundary of the parcel,
and the development of Linton Oaks Square to the west,
whose loading bays face the parcel across a thin strip of
asphalt. In addition, the existing and proposed uses
directly across Linton Boulevard to the north have changed
with the development of the Albertson's and related uses.
The applicant is using the above rational to support a change in
the land Use designation from Transitional to General Commercial
which will accommodate Planned Commercial zoning and facilitate
the marketing of the property for comme=cial use.
Staffs response: The arguments with respect to changing
conditions (i.e office glut, location of major employers,
adjacent shopping centers), largely existed or were approved
when the POC zoning designation was affixed to the property. At
that time positive arguments with respect to the ability to
market the property under this POC zoning were presented.
Arguments relating to a Planned Commercial zoning designation
being of similar intensity as allowed under the Future Land Use
Map are inaccurate. The POC zoning designation is consistent
with a transitional land use function, while only commercial
of a neighborhood intensity is consistent with the transitional
land use designation.
A review of the Comprehensive Plan as it relates to this request
was conducted and the following Comprehensive Plan policies and
objectives were found to apply to this application:
Future Land Use Element policy A-l.6
To encourage redevelopment of the City's Central Business
District, Future land Use Amendments to Commercial
Designations in the outlying areas of the City's Planning
Area, shall not be accommodated.
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P&Z Staff Report
Holland - Land Use Plan Amendment
Page 5
When this policy was developed (prior to November 1989)
this parcel was part of the City's western Planning Area.
Since the adoption of the Comprehensive Plan in November,
1989 the subject property has been annexed. However, the
annexation does not diminish the applicability of this
policy. /,' -'"
At the Planning and Zoning Board workshop the applicant's
agent stated the property was to be marketed to a large
scale single user or to dual uses, and that these types of
tenants could not be accommodated in the downtown area, nor
would it compete with downtown commercial uses.
With respect to the above statement it is first noted that
with approval of a land use and zoning change there are no
guarantees that development of the property would be
limited to the stated use. Secondly, the proposed single
or dual users in combination with existing commercial
development in the area will have a regional draw, and
consequently "spin off" impacts. These "spin off"
commercial uses would compete with the downtown and
therefore negatively impact redevelopment of the Central
Business District.
Future Land Use Element Objective A-l
Vacant property shall be developed in a manner so that the
future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations,
is complementary to adjacent land uses, and fulfills
remaining land use needs.
The development potential under the current "transitional"
land use designation is more appropriate given the parcels
location between commercial uses to the west and
residential uses to the east. It is noted this argument
was used by the applicant in 1989 to justify the PCC
initial zoning designation which stated, quote "the land
use proposed at this location will act as a buffer between
the heavy commercial use to the west and the diverse
residential uses to the east".
Additional compatibility concerns also center around the
possible impact a commercial approval could have on
adjacent undeveloped property. It is possible that
approval of a commercial zoning on this property would be
used by adjacent property owners as the basis to seek a
nonresidential land use designation on their property, due
to compatibility concerns.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 6
In addition to not being compatible the requested change to
commercial use does not fulfill remaining land use needs.
The current Comprehensive Plan is correct and does not
identify a need for additional commercial development in
this area. No marketing studies or other information
identifying or supporting such a need have been provided. --->
Current commercial vacancies are noted in the adjacent Boca
Rey Plaza, Linton Promenade, and the Delray Town Center
Phase I. Difficulty in leasing the approved yet
unconstructed Delray Town Center Phase II are noted. In
order to reduce economic losses from vacancies, commercial
space within some of the above centers is also being
marketed and occupied to noncommercial users i.e. office
uses etc. to maintain occupancy rates.
It is further noted that a similar Land Use Plan Amendment
from Medium Density Residential to General Commercial for
the 14.23 acre Spence property (Military Trail north of
Atlantic Avenue) was recommended for denial by this Board
on April 8, 1991- This recommendation, as well as the
City Commission's denial of the change was based on high
vacancy rates and the acknowledgement that there was no
need for additional commercial land uses in the area.
Conservation Element policy B-2.5
Whenever new development or redevelopment is proposed along
a waterway, a canal, an environmentally sensitive area, or
an area identified via Policy B-2.1, an area equivalent to
at least 10' of the total area of the development shall be
set aside in an undisturbed state or 25' of native
communities shall be retained pursuant to TRCPC Policy
10.2.2.2.
Future Land Use Element Policy A.3.3
proposed development shall accommodate required open space
as provided for under Policy B-2.5 of the Conservation
Element and/or Policy B-1.4 of the Open Space and
Recreation Element.
These two policies will affect the development potential
under either the current or proposed land use and zoning
designations, and are therefore not a critical aspect of
this petition.
Level of Service Determinations:
A Comprehensive Plan Amendment change requires an analysis as to
how the change will effect the level of service of sewer, water,
drainage, traffic, and solid waste. The level of service for
water and sewer relate to water and sewer plant capacities which
far exceed current demands. With respect to drainage it is
anticipated the drainage will be accommodated on site via
exfiltration or swa1e retention. The following two categories
are highlighted at this time.
'.
P&Z Staff Report .
Holland - Land Use Plan Amendment
Page 7
Traffic:
The applicant has provided traffic generation rates comparing
the concept plan submitted with the POC rezoning (114,000
office, 7,000 restaurant) and 110,000 sq. ft. of retail space
proposed under General Commercial zoning. The traffic
information provided and quoted by the applicant at the workshop!
meeting indicates that approximately 4,470 daily trips ar9
generated by the POC concept plan while 4,304 trips (166 less
trips) will be generated by a 110,000 sq. ft. retail. However,
the traffic information is skewed in the applicants favor in
that the 114,000 sq. ft. office space is noted as medical offices
verses professional offices as originally presented. It is noted
that medical offices generate approximately 2 1/2 times the
average daily traffic of professional offices. When utilizing
the professional office category the retail proposal will
generate approximately 50% more traffic (4304 trips verses 2,124
trips) . The applicant's traffic counts also are based on
110,000 sq. ft. of retail while their application notes a 115,000
sq. ft. maximum.
Given the above it is staff's conclusion that the requested
change will create an adverse traffic impact. If a
recomme:ldation of approval is forwarded on the Land Use
Amendment revised traffic information reflecting the information
discussed in the previous paragraph will be required for
transmittal to DCA (Department of Community Affairs).
Solid Waste:
The applicant has not provided information with respect to the
difference in solid waste generation rates between the two land
use designations. While this is not anticipated to be an issue,
if a recommendation of approval is forwarded this information
must be submitted for transmittal to DCA.
o THE R:
streets:
With the adoption of the Comprehensive Plan in 1989 the need for
a City Collector street from Linton Boulevard and Military Trail
was identified. The exact alignment has not been fixed and is
"floating" between the Holland and the Bloods Grove properties.
The City Collector needs to meet Linton Boulevard at one of the
two existing median breaks located at the center of both this
parcel and the Bloods Grove land to the east. If the Board
endorses this proposal the resulting single commercial user will
fix the location of the City Collector intersection with Linton
Boulevard to the Bloods Grove property.
P&Z Staff Report
'Holland - Land Use Plan Amendment
Page 8
Letters of Objection:
A letter of objection has been received from the Oel Aire
Subdivision and is attached for your reference.
./ /"
REV I E W B Y o THE R S:
The development request is not in a geographic area requiring
review by the ODA (Downtown Development Authority), and the CRA
(Community Redevelopment Agency).
Special Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. In addition a courtesy
notice has been sent to representatives of Shadywoods, Del Aire,
Crosswinds, Country Lakes, Foxe Chase and Spanish Wells
subdivisions.
ASS E SSM E N T AND CON C L U S ION S:
The proposed land use change does net comply with future land
use policies which seeks to limit commercial amendments out west
to preserve downtown commercial development, nor policies
dealing with compatibility with adjacent uses or fulfilling of
remaining land use needs. The current "Transitional" land use
designation appears more appropriate given the above policies
and the adjacent land use designations of Commercial to the west
and Medium Density Residential to the east. The current land
use scenario provides a step down intensity which is to be
encouraged.
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend denial of the Land Use Amendment from
"Transitional to General Commercial" upon failure to make a
positive finding with respect to policies and objectives of
the Comprehensive Plan.
C. Recommend approval of the Land Use Amendment from
"Transitional" to "General Commercial" based upon positive
findings with respect to policies of the Comprehensive
Plan.
S T A F F R E COM MEN 0 A T ION:
Recommend denial of the Land Use Amendment from
"Transitional" to "General Commercial" upon failure to make
a positive finding with respect to policies and objectives
of the Comprehensive Plan.
'.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 9
Z 0 N I N G A N A L Y S I S:
The current zoning designation for the parcel is PQC (Planned
Office Center). The proposed zoning designation is PC (Planned
Commercial). The surrounding zoning designations are PC
(Planned Commercial) and OS (ppen Space) to the north, CF
(Community Facility) to the south, PC (Planned Commercial) to
the west and County - Agricultural to the east.
If a recommendation of denial is put forward on the Land Use
Plan Amendment the rezoning action is moot in that a Planned
Commercial zoning District is inconsistent with the existing
Transitional land use designation. Conversely, if a
recommendation of approval is forwarded for the land use plan
amendment it is appropriate for the zoning change to be made as
the current POC zoning would then be inconsistent with a General
Commercial land use designation. If a recommendation of approval
is made on the Land Use Plan Amendment the following mandatory
findings are required for the associated zoning request.
R E QUI RED FIN 0 I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed land use designation for the property is
"Planned Commercial". The Planned Commercial zoning district is
consistent with the proposed land use designation of "General
Commercial". Retail uses are allowed as Permitted Uses in the
PC (Planned Commercial) zoning district.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
Water:
Eight inch water mains exist within the Boca Rey Plaza to the
west. Public easements and 8ft stubouts to the eastern property
line are noted. In addition, a 10" main exists on the north
side of Linton Boulevard as well as a 12" main extended to the
south side of Germantown Road with the development of Fire
P&Z Staff Report
~olland - Land Use Plan Amendment
Page 10
Station No. 5. With development of the property connection to
the lines within Boca Rey Plaza and extension of the lines
through the property to the east and south property lines will
be required. In addition, looping of the water lines south to
the South County Mental Health property line will also be
required. /" /"
Sewer:
Sewer mains exist within- the Boca Rey Plaza to the west. The
Utilities Department has indicated that this parcel must acquire
the necessary easements from Boca Rey Plaza to access the
system. On-site sewer main extensions will be required to this
parcel's east property line as will possible downstream lift
station upgrading.
Streets and Traffic , Solid Waste:
These two items are discussed under the Level of Service of the
Land Use analysis section on Page 7.
Drainage:
It is anticipated that drainage would be accommodated either Ly
swale areas, exfiltration or both. No problems are anticipated.
Parks and Open Space:
Park dedication requirements apply for new residential
development. This property is proposed to be commercial and
therefore the requirements do not apply.
Compliance with Land Development Regulations:
Upon approval of the land use plan amendment and rezoning action
a site plan for site development will be required. This site
plan must comply with the City's Land Development Regulations.
It is appropriate at this time to bring the following LDR
requirements to the attention of the applicant:
Pursuant to Section 4.4.12(F) any free standing structure
shall have a minimum floor area of 6,000 square feet; shall
be architecturally compatible with other structures, shall
take access from the internal circulation system of the
development and shall be able to meet code requirements if
it were to be situated on an outparcel. Architectural
compatibility shall be determined pursuant to Section
4.6.18.
Pursuant to Section 4.3.4(H)(6)(b) a special landscape
setback of 30' or 10\ of the depth of the property,
whichever is greater is required along Linton Boulevard.
For this property this landscape setback equates to 30' and
is measured from the southern right-of-way line of the LWDD
canal.
'.
P&Z staff Report
Ho11and - Land Use Plan Amendment
Page 11
However, L.W.D.D. . personnel have indicated that an
additional 27' is to be dedicated by this property to the
district along Linton Boulevard. It is anticipated the
applicant will dedicate this additional 27' as an easement.
As Lake Worth Drainage District prohibits most plantings
within their easements, this would have the effect of
reducing the 30' landscape strip to a 3' planting area. In
light of this it would be appropriate for additional
landscape width to be provided with future development of
this property.
consistency:
compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
2.4.5, shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted comprehensive Plan may be used in the making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 which apply are as follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
The parcel is located in an area designated as vacant
residential verses a stable neighborhood and therefore the
performance standard is not applicable.
B) Performance Standard 3.3.2(0) states: That the rezoning
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The proppsed zoning of PC will allow development of commercial
uses immediately adjacent to future residential uses (medium
density) located within Bloods Grove. It is noted the current
POC (Planned Office Center) zoning designation acts as a
transitional zoning between Commercial uses to the west and
residential uses to the east. It is noted in the previous
initial zoning request from Single Family to POC (Planned Office
center) for the Holland Property the applicant used this
compatibility issue as a basis of approval i.e. "the land use
proposed at this location will act as a buffer between the heavy
commercial use to the west and the diverse residential uses to
the east".
.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 12
Additional compatibility concerns also center around the
possible impact a commercial approval could have on adjacent
undeveloped property. It is possible that approval of a
commercial zoning on this property would be used by adjacent
property owners as the basis to seek a nonresidential land use
designatio~ on their pEOperty, due to compatibility concerns.
These compatibility arguments have been made under the
Comprehensive Land Use Plan Amendment analysis on Pages 5 and 6
of the staff report. If the land use plan amendment is
recommended for approval then a positive finding with respect to
compatibility has been previously reached.
Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(1) (Findings), in addition to
provisions of Section 3.1.1, the city Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it 1s
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has indicated that the following two valid reasons
apply:
* That there has been a change in circumstance which makes
the current zoning inappropriate.
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is more
appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
While staff does not agree with the applicants reasons based on
economic issues constitutes as valid reasons, if the Land Use
Amendment is recommended for approval the valid reason for a
rezoning change becomes one of change in circumstance i.e. land
use designation change to General Commercial makes current POC
zoning inconsistent.
'.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 13
ASS E SSM E N T AND CON C L U S ION S:
The appropriate action on the rezoning request hinges on the
recommended action on the Land Use Amendment. If a
recommendation is to deny the Land Use amendment the appropriate
rezoning action would be deni~ in that the Planned Commercial
zoning district is inconsistent with the existing Transitional
Land Use designation. Conversely, if a recommendation of
approval is forwarded for the land use plan amendment, a
recommendation of approval on the zoning change is appropriate
as the current POC zoning would then be inconsistent with a
General Commercial land use designation. Further, one of the
valid reasons i.e. changing conditions, land use designation
change to General Commercial would be satisfied.
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend denial of the rezoning from Planned Office Center
to Planned Commercial based upon failure to make the
required finding of consistency with the Future Land Use
Map (Section 3.1.1) c:md failure to provide valid reason
pursuant to Section 2.4.5(0)(5).
C. Recommend approval of the rezoning from Planned Office
Center to Planned Commercial based upon positive findings
wi th respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive
Plan and Section 2.4.5(D)(5).
STAFF R E COM MEN D A T ION:
Recommend denial of the rezoning from Planned Office Center
to Planned Commercial based upon failures to make the
required finding of consistency with the Future Land Use
Map (Section 3.1.1) and failure to provide valid reason
pursuant to Section 2.4.5(0)(5).
Attachment:
* Location Sketch
Report prepared by: Paul Dorlinq, Planner II
Reviewed by DJK on:
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BASIS FOR THE PROPOSED REZONING \' ,,,
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Section 2.4.5(0) of the City of Delray Beach Land Development Regulations . ,......
provides that valid reasons for a rezoning include: .
* That there has been a change in circumstance which makes the
... ../" .-/
current zonmg mappropnate.
* That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or neighborhood.
The Site
Currently, the primary use of the site is as a residence for Mr. Holland's mother.
The site is bordered on the north by Linton Boulevard and Delray Town Center
(Albertson's; Blockbuster Video, etc.), on the west by Linton Oaks Shopping Center
(70,265 square feet of general commercial uses), and on the south by the South
County Medical Health Center expansion. [See Vicinity Map and color aerial photo
attached to original submission.] The eastern boundary abuts the existing Blood's
Hammock Groves. There is a median cut in Linton Boulevard which provides access
to the site, and also serves to allow left turns out of Delray Town Center across
Linton Boulevard.
The applicant has a vested previous approval (1989) from the City of DeIray Beach
to construct a project known as "Linton Lagoone" -- a Planned Office Center of
114,000 square feet of medical offices and ancillary uses, in conjunction with a
restaurant of up to 7,000 square feet. This approval was granted shortly after other
substantial zoning changes were made in the immediate surrounding area, including
the approval of the Delray Town Center on the northeast comer of Linton and
Military Trail containing the Albertson's grocery store.
Changes in the Area
These changes, in essence, create a commercial node at the intersection of Linton
Boulevard and Military Trail. The node provides the combined commercial
attraction of Walmart, Linton Oaks shopping center, Delray Town Center,
Albertson's, Blockbuster Video and others. There are also substantial employment
opportunities in the area, including Fair Oaks Hospital, Pinecrest rehabilitation
Holland Parcel Resoning Application
Basis Jor Proposed Resoning Page 1
'.
.
Center and Delray Community Hospital. For the surrounding neighborhoods such
as King's Point, Villages of Oriole, Del Aire Golf Club, Country Lakes and Country
Club Acres, Spanish Wells, Lakeview, Crosswinds and Shadywoods, the area has
proven to be a successful commercial alternative to the setting created at the
intersection of Atlantic Avenue and Military Trail.
While the nearby hospital has been slowly expanding, demand for office uses in this
area has been dismal at best. As is attested by the vacancy rates in this portion of
the Countyl, there are substantial office opportunities already constructed and
standing vacant along Military Trail, along Linton Boulevard, along Congress
Avenue, and elsewhere in the area. The availability of construction financing for
proposed office projects is currently linked to pre-leasing rates as high as 75% of
the proposed office space. For these reasons, the existing approval of a Planned
Office Center for the site is not viable in the current market, nor is the market
expected to substantially improve in the near future.
In addition, this past year the South County Mental Health Center has expanded
along the entire southern boundary of the project.
The Proposed Use
The proposed use of the site is a maximum of 115,000 square feet of commercial
use. Access would be provided by the existing access point on Linton Boulevard,
and also, if possible, by linking the proposed parking area to the existing eastern-
most exit for Linton Oaks shopping center. Architecture will complement existing
commercial structures in the nearby area. The proposed use will be similar in
intensity to the existing approval. In fact, the change from medical offices and a
high quality restaurant (the vested previous approval) to commercial actually
reduces the net new trips generated by the project. Also, the overall square footage
of the proposed project will be less than that of the existing approval.
1 The vacancy rate in this portion of the County is one of the nadon's highest, standing at 49.496 in 1991
according to a survey published in the NAnoNAL REAL EsrATE INVESl'OR. As of June 1, 1992, South Palm Beach
County had an overall vacam)' rate of 47.896, down slighdy from the previous year (49.5%), as reported in the
Real estate secdon of the MIAMI HERALD,
Holland Parcel Resoning Application
Basis for Proposed Resoning Page 2
.
,
, . .
Summmy
Changes in circumstance related to the Holland Parcel include:
. The changing nature of retailing. Direct merchandising is replacing small
scale shopping. Strip centers with numerous small local entrepreneurs are
being replaced1>y larger chain (or franchise) operations.
. The changing nature of development financing. New office development in
the Delray Beach area is unlikely for a number of years to come while the
market absorbs the excess office space currently available.
. A commercial node has developed. Over the past years, a commercial node
has developed at the intersection of Military Trail and Linton Boulevard. This
has occurred through the rezoning of parcels as they are annexed to the City
from Palm Beach County.
. The uses adjacent to the Holland Parcel have changed. This includes the
expansion of the South County Mental Health Facility along the entire
southern boundary of the parcel, and the development of Linton Oaks Square
to the west, whose loading bays face the parcel across a thin strip of asphalt.
In addition, the existing and proposed uses directly across Linton Boulevard
to the north have changed with the development of the Albertson's and
related uses.
The requested zoning of the Holland Parcel is similar to that existing, and is more
appropriate for the following reasons:
. If similarity is measured based upon neighborhood impact, the proposed
project will generate a lower number of net new trips than the existing
approval, involve less square footage, and have an equivalent architectural
character which will complement the surrounding uses.
Holland Parcel Besoning Application
Basis lor Proposed Besoning Page 3
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Property Owner's Association, Inc,
4646 White Cedar Lane, Delray Beach, Florida 33445
/"
october 1, 1992
Mr. David Kovacs, Chairman
Delray Beach Planning & Zoning Board
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Propose change of Zoning from Planned Office Center to
Planned Commercial - South side of Linton Blvd. East of Military
Trail between Linton Oaks Square Shopping Center, S. Country
Health Center and Bloods Hammock Groves.
The Delaire Property OWners' Association, representing 328
homeowners wished to go record as not approving this proposed
zoning change.
sincerely,
Vi~~~ecretary
Delaire Property owners' Association
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /Jl'1
SUBJECT: AGENDA ITEM tt / ~ c.. - MEETING OF NOVEMBER 17. 1992
ORDINANCE NO. 62-92
DATE: November 13, 1992
This is first reading of an ordinance rezoning and placing land
presently zoned POC (Planned Office Center) district in PC (Planned
Commercial) district, said land being located east of Military Trail
on the south side of Linton Boulevard, adjacent to Boca Rey Plaza; and
is known as the Holland property.
This rezoning action is tied to the request for amendment to the FLUM
for this property (Ordinance No, 61-92) , The property owner is
seeking a FLUM change to Commercial and rezoning to PC (Planned
Commercial) so that he can market the property for commercial usage,
The Planning and Zoning Board at their October 19th meeting
unanimously recommended denial. A detailed staff report is attached
as backup material for this item.
W~ ~ ~
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ORDINANCE NO. 62-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN
THE PC (PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING
LOCATED EAST OF MILITARY TRAIL ON THE SOUTH SIDE OF
LINTON BOULEVARD, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP,
DELRAY BEACH, FLORIDA, 1990" ; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the PC
(Planned Commercial) District, as defined in Chapter Four of the Land
Development Regulations of the City of Delray Beach, Florida, to-wit:
A parcel of land lying on the NE 1/4 of the NW 1/4 of
the NW 1/4 of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida.
Subject to Right-of-Way of Germantown Road (Linton
Boulevard) as now laid out and in use; Easement for
power line as granted to Florida Power and Light
Company, as recorded in Official Record Book 1830, Page
1356; and Right-of-Way for Lake Worth Drainage District
Lateral 36.
The subject property is located east of Military Trail
on the south side of Linton Boulevard, adjacent to Boca
Ray Plaza. It is known as the Holland property.
The above described parcel contains a 9.527 acre parcel
of land, more or less.
Section 2, That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance, change
the Zoning District Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
concurrent with the effective date of Ordinance No. 61-92.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAY 0 R
ATTEST:
:i
City Clerk
First Reading
Second Reading
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