The URL can be used to link to this page

04-16-91 Special/Workshop CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING - APRIL 16 , 1991 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AGENDA 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. Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the First Floor Conference Room at 6 P.M. on Tuesday, April 16, 1991. This meeting has been called for the purpose of considering the following: vi'. Award the Contract for the Sale of 1990 Water and Sewer Revenue Bond Issue/Resolution No. 29-91. /2. Fourth of July Celebration. Consider a Guaranty Agreement between v the City and Dan Burns which guarantees funding from private citizens, up to $25,000, to pay for fireworks for the Fourth of July celebration. I /3. Presentation by CH2M Hill on Value Engineering Results with regard to the Excess Lime Softening Project/Approval of Amendment to Service Authorization No. 5 for additional engineering services resulting from Value Engineering recommendations. / 4. Civil Engineering Services Contract. Select additional firms and authorize staff to negotiate and award contracts for Civil Engineering services. f1tM" ~l1ufn 1lai71r Alison MacGregor Harty City Clerk WORKSHOP AGENDA 1. Discussion relative to request for Conditional Use Approval to establish a commercial passenger loading area and boat ticket sales on the east side of Palm Square, just south of East Atlantic Avenue. " 2. Presentation on the Existing Sign Code and Recommendations for Revisions. 3. Commission Comments. MEMORANDUM TO: David T. Harden City Manager FROM: Joseph M. saffo~ Director of Finane SUBJECT: Agenda Request for Special Meeting of April 16, 1991 Regarding Award of Sale of 1991 Water and Sewer Revenue Bonds DATE: April 11, 1991 The Agenda Request for the awarding of the sale of the 1991 Water and Sewer Revenue Bonds for the Special City Commission Meeting of April 16, 1991 is being made for the following reason(s}: To determine certain details of the Water and Sewer Revenue Bonds, Series 1991, and to authorize the execution and de- livery of the Bonds; to approve the form of and authorize the execution of the Official Statement relating to the Bonds; to appoint Barnett Banks Trust Company as Paying Agent and Registrar; to approve the Bond Purchase Agreement relating to the Bonds between Smith Barney, etal; and to provide for an effective date. The actual Bond Resolution will be made available to the City Commission prior to their Special Meeting as it is still being drafted by our Bond Counsel at this time. /sam cc: Rebecca S. O'Connor, Treasurer ~/J - Law Offices WOLLETT & BRADY A Partnership C~sed of Professional Associations 3300 PGA Boulevard Suite 970 Palm Beach Gardens, FL 33410 (407) 622-0800 Fax: (407) 622-1190 Frank R. Brady, P.A.** OMo Office: Ronald L. Wollett Co., LPA.*** 572 East Rich Street Colulllbus, Ohio 43215 (614) 221-4926 Federal Tax Counsel to the Firm: Earl E. Mayer, Jr. *+ In S.E. Florida (Dade-Brevard Counties) Call Toll Free: Caren J. Biberllltl1**** (800) 834-0868 *AdlIitted in Ohio Only **Ad.itted in Florida and New Jersey ***Ad.itted in Florida and Ohio ****Admitted in Florida and New York +Practice Li.ited to matters of Federal tax law April 10, 1991 TO THE PERSONS ON THE ATTACHED DISTRIBUTION LIST: RE: The city of Delray Beach, Florida Water and Sewer Revenue Bonds, Series 1991 A and Series 1991 B Enclosed for your review is a revised draft of the Bond Purchase Agreement relating to the captioned Bonds. This draft has been black-lined to reflect comments and suggestions received from the working group. Please review the enclosed draft and provide me with any further comments or questions you may have. Very truly yours, WOLLETT & BRADY Fr1~ B~ FRB:njk Encl - njk-c:\wp50\smithbar\bpa.ltr , CITY OF DELRAY, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1991 Distribution List CITY OF DELRAY BEACH David T. Harden, city Manager 407 243-7000 Joseph M. Safford, Director of Finance FAX 407 243-3774 Becky S. O'Connor, City Treasurer CITY OF DELRAY BEACH 100 N.W. First Avenue Delray Beach, Florida 33444 Jeff Kurtz, Esquire, City Attorney 407 243-7090 310 S.E. First street, suite 4 FAX 407 278-4755 Delray Beach, Florida 33483 William Greenwood, Director 407 243-7300 Public utilities FAX 407 243-3774 200 N.W. First Avenue Delray Beach, Florida 33444 BOND COUNSEL Stephen D. sanford, Esquire 407 650-8140 Richard Miller, Esquire 407 650-8120 MUDGE ROSE GUTHRIE ALEXANDER & FERDON 407 650-8100 suite 900, Northbridge Centre FAX 407 833-1722 515 N. Flagler Drive West Palm Beach, Florida 33401 Walter E. Breen, Esquire 212 510-7238 Elaine Donato, Esquire 212 510-7921 MUDGE ROSE GUTHRIE ALEXANDER & FERDON 180 Maiden Lane New York, New York 10038 FINANCIAL ADVISOR Thomas F. Huestis 407 648-2208 FAX 407 648-1323 PUBLIC FINANCIAL MANAGEMENT, INC. 201 South Orange Avenue, suite 720 Orlando, Florida 32801 - . Lavan P. Wisher 813 693-7117 FAX 813 693-6384 PUBLIC FINANCIAL MANAGEMENT, INC. 5900 Enterprise Parkway Fort Myers, Florida 33905 UNDERWRITERS Raymond A. Noga 407 655-1122 Michael G. Hole FAX 407 832-8663 David Levy SMITH BARNEY, HARRIS UPHAM & CO., INC. Barnett Centre, 8th Floor 675 North Flagler Drive West Palm Beach, Florida 33401 UNDERWRITER'S COUNSEL Frank R. Brady, Esquire 407 622-0800 FAX 407 622-1190 WOLLETT & BRADY 3300 PGA Boulevard, suite 970 Palm Beach Gardens, Florida 33410 CONSULTING ENGINEER C. Edwin Copeland, Jr. 813 877-7275 Regional Environmental Manager FAX 813 286-1207 POST, BUCKLEY, SCHUH & JERNIGAN, INC. 5300 West Cypress Street, suite 300 Tampa, Florida 33607-1066 AUDITOR Paul C. Bremer 407 655-8500 John Marino FAX 407 835-9563 ERNST & YOUNG Phillips Point, West Tower, suite 1200 777 South Flagler Drive West Palm Beach, Florida 33401 C. Duke Landorf ERNST & YOUNG 904 358-2000 - 1800 Independent Square FAX 904 354-7028 Jacksonville, FL 32202 FAX 904 356-6328 - RATING CONSULTANTS Tim Barnes ERNST & YOUNG 235 Peachtree Street 2100 Gaslight Tower Atlanta, GA 30303 SCRWTB CONSULTANT Zach Fuller CAMP, DRESSER & MCKEE, INC. 1500 N.W. 49th Street suite 300 Fort Lauderdale, FL 33309 - OOOOlUwrrz 4pr\L 10, l<t~' $ CITY OF DELRAY BEACH, FLORIDA WATER AND SEWER REVENUE BONDS SERIES 1991 A AND SERIES 1991 B BOND PURCHASE AGREEMENT April _, 1991 Honorable Mayor and Members of the City Commission of the City of Delray Beach, Florida 100 N.W. First Avenue Delray Beach, Florida 33444 Gentlemen: The undersigned, smith Barney, Harris Upham & Co. Incorporated (the "Representative"), acting on behalf of themselves and~Smith, Mitchell & Associates Inc. Bear Stearns & Co Inc. and Southeastern Ca ~ ta Grou Inc. co ect~ vely , the "Underwr~ters"), offer to enter ~nto t ~s Bond Purchase Agreement ("Agreement") with the City of Delray Beach, Florida (the "City"), which, upon the acceptance of this offer and the execution of this Agreement by the City, shall be in full force and effect in accordance with its terms and shall be binding upon the City and the Underwriters. All capitalized terms herein not otherwise defined shall have the meanings ascribed to such terms in the Official Statement (as hereinafter defined). The Representative has been duly authorized to execute this Agreement and has been duly authorized to act hereunder by and on behalf of the other Underwriters with respect to all matters related to the sale and delivery of the City's Water and Sewer Revenue Bonds, series 1991 A (the "Series A Bonds") and its Water - and Sewer Revenue. Bonds, Series 1991 B (the "Series B Bonds"). The Series A Bonds and the Series B Bonds have been judicially validated under separate validation proceedings and are being jointly offered for sale to the public as one issue. Accordingly, the Series A Bonds and the Series B Bonds are hereinafter referred to as the "1991 Bonds". This offer is made subject to your acceptance and execution of this Agreement on or before 11:59 p.m., Eastern standard time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Underwriters upon written notice delivered by the Representative to the City at any time prior to the acceptance hereof by the city. 1 . Purchase of Bonds. Upon the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriters hereby jointly and severally agree to purchase from the City for offering to the public all (but not less than all) of the aggregate principal amount of the 1991 Bonds, and the City hereby agrees to sell to the Underwriters all (but not less than all) of the 1991 Bonds at a purchase price of $ (taking into account original issue discount on certain of the 1991 Bonds in the amount of $ ), (the "Purchase Price"), plus accrued interest on the 1991 Bonds from April 1, 1991 to the day of Closing (hereinafter defined) , payable to the ci ty in New York Clearinghouse Funds, except for the portion of the Purchase Price representing the premium for the municipal bond insurance policy (the "Policy") to be issued b~AMBAC Indemnity corporation ( "AMBAC" or the "Bond Insurer") which shall be payable in inunediately available funds. The Underwriters agree to make a bona fide public offering of substantially all of each maturity of the 1991 Bonds to the public at initial public offering prices set forth in the Final Official statement (as hereinafter defined); provided, however, that the Underwriters reserve the right to make concessions to certain dealers, certain dealer banks and banks acting as agents and to change such initial public offering prices as the Underwriters shall deem necessary in connection with the marketing of the 1991 Bonds. 2. Good Faith DeDosit. Delivered to the city herewith, as a good faith deposit, is a corporate check of the Representative payable to the order of the City in the amount of $ bein a roximatel one ercent 1% of the rinci al amount of t e 1991 on s, as secur~ y or t e performance by the Un erwr~ ers 0 their obligation to accept delivery of and to pay for the 1991 Bonds at Closing in accordance with the provisions hereof. In the event that the City accepts this offer, said check will be held uncashed by the City as a good faith deposit. At the Closing, the check shall be returned to the Representative. In the event the City does not accept this offer, the check shall be inunediately returned to the Representative. If the Underwriters fail ( other than for a reason permi tted hereunder) to accept delivery of and pay for the 1991 Bonds at the Closing as provided - herein, the check may be cashed by the ci ty and the proceeds 2 . retained by the City as and for full liquidated damages for such failure and for any and all defaults hereunder on the part of the Underwriters, and the retention of such amounts shall constitute a full release and discharge of all claims and damages for such failure and for any and all such defaults hereunder on the part of the Underwriters. The City understands that in such event the city's actual damages may be greater or less than such sum. Accordingly, the city's acceptance hereof shall constitute a waiver of any right, claim or demand it may have to additional damages from the Underwriters and the Underwriters hereby waive any right to claim that the city's damages are less than such sum. In the event that the city fails to deliver the 1991 Bonds at the Closing, or if the city is unable at or prior to the Closing date to satisfy or cause to be satisfied the conditions to the obligations of the Underwriters contained in this Agreement, or if the obligations of the Underwriters contained herein shall be cancelled or terminated for any reason permitted by this Agreement, the city shall be obligated to immediately return the good faith deposit check to the Representative as and for full liquidated damages for such failure and for any and all defaults hereunder on the part of the city, and the return of the good faith deposit check to the Representative shall constitute a full release and discharge of all claims and damages for such failure and for any and all defaults hereunder on the part of the city. The Underwriters understand that in such event their actual damages may be greater or less than such sum. Accordingly, Representative's execution of this Agreement shall constitute a waiver of any rights the Underwriters may have to additional damages from the City and the city's acceptance hereof shall constitute a waiver of any right to claim that the Underwriters' damages are less than such sum. 3. The 1991 Bonds. The 1991 Bonds shall be as described in, and shall be issued and secured under and pursuant to, Resolution No. 39-88, adopted by the City commission of the City (the "City commission") on July 12, 1988, as amended and supplemented by Resolution No. 46-88 adopted by the city commission on August 18, 1988 (the "1988 Resolution") as mlti Dassu additional bonds on parity with the 1988 Bonds (as hereinafter defined). The Series A Bonds are authorized and issued pursuant to a series resolution adopted by the City commission on April 24, 1990, as amended and supplemented (the "Series A Resolution"). The Series B Bonds are authorized and issued pursuant to a series resolution supplementing the 1988 Resolution adopted by the City Commission on October 23, 1990, as amended and supplemented (the "Series B Resolution"). The Series A Resolution and the Series B Resolution are sometimes hereinafter referred to collectively as the "1991 Resolution" and the 1988 Resolution and 1991 Resolution are sometimes hereinafter referred to collectively as the "Bond Resolution". The 1991 Bonds shall be issued in accordance with the requirements of the - Constitution of ' the state of Florida, Chapter 166, Florida 3 . statutes, the ci ty Charter of the ci ty and other applicable provisions of law (collectively the "Act"). The 1991 Bonds shall mature on such dates, shall bear interest at such rates, and shall be subj ect to redemption as set forth in the Bond Resolution. Payment of principal of, and interest on, the 1991 Bonds shall be insured by~AMBAC. In connection with the public offering of the 1991 Bonds, the Underwriters have delivered to the City a letter containing the information required by Chapter 218.385(4), of the Florida statutes which letter is in the form attached hereto as Exhibit E. It shall be a condition to the obligation of the City to sell and deliver the 1991 Bonds to the Underwriters, and the obligation of the Underwriters to purchase and accept delivery of the 1991 Bonds, that the entire aggregate principal amount of the 1991 Bonds shall be sold and delivered by the city and paid for by the Underwriters at the Closing. The term "Combined Public Utility" used herein refers to the existing water treatment and distribution system and the wastewater collection and disposal system owned and operated by the City, as described in the Final Official statement. The term "1991 Project" used herein refers to the acquisition and construction of improvements to the Combined Public Utility as described in the Final Official statement. The phrase "Rates and Charges" refers to the rates, fees, rentals and other charges for the use of the services and facilities of the Combined Public utility. 4. Official statement. Prior to the time of acceptance hereof, the City shall have provided to the Underwriters ~ preliminary official statement relating to the 1991 Bonds that the City deems final as of its date, except for certain information permitted to be omitted under 17 C.F.R. ~240.15c2-12 (the "Rule") (such preliminary official statement, together with the cover page thereof and all appendices attached-thereto, is herein referred to as the "Preliminary Official statement" and is attached hereto as Exhibit A). At the time of or before the City'S acceptance hereof, the City shall deliver to the Underwriters an executed original counterpart or certified copy of its Award Resolution authorizing the execution and delivery of this Agreement by the city. In addition, as promptly as practicable after the date hereof and in sufficient time to accompany any confirmation that requests payment from any customer, but within not more than seven (7) business days after the date of execution hereof by the City, the City shall provide, at its expense, and deliver or cause to be delivered to the Underwriters as many copies of the final printed official statement (the "Final Official statement"), complete as of its date of delivery to the Underwriters and in form reasonably satisfactory to the Representative, as are reasonably necessary to enable the Underwriters to comply with subparagraph (b)(4) of the Rule and to fulfill their duties and responsibilities under the applicable rules of the Municipal Securities RUlemaking Board.^ The City authorizes the use of copies of the Final Official statement in - connection with the public offering and sale of the 1991 Bonds. 4 The city also approves and ratifies the use by the Underwriters prior to the date hereof of the City's Preliminary Official statement. The Underwriters hereby agree that they will not confirm the sale of any 1991 Bonds unless a final written confirmation of sale is accompanied or preceded by the delivery of a copy of the Final Official statement. The Representative shall give notice to the City on the date which is one day after the "end of the underwri ting period" (as such term is defined in ~ 5 hereof) and the date after which the Underwriters no longer remain obligated to deliver Final Official statements pursuant to subparagraph~(4) of the Rule. 5. Amendments or SUQPlements to Official statement. From the date the Final Official statement is delivered to the Underwriters (but in no event later than seven (7) business days after the date hereof) and during the shorter of (i) 90 days from the "end of the underwriting period" (as hereinafter defined) or (ii) the time when the Final Official statement is available to any person from a nationally recognized municipal securities information repository (but in no case less than 25 days following the end of the underwriting period), (A) the City will not adopt any amendment of or supplement to the Final Official statement to which, after having been furnished with a copy, the Underwriters shall object in writingL or which shall be disapproved by Counsel to the Underwriters or Bond Counsel, in either case based upon such amendment or supplement containing a material misstatement of fact or a material omission of fact, and (B) if any event shall occur as a result of which it may be necessary, in the opinion of the city and the Representative, to amend or supplement the Final Official statement in order to make the Final Official statement not misleading in the light of the circumstances existing at the time it is delivered to a purchaser, the City shall, at its expense unless such event is a result of information rovided b the Bond Insurer or the Un erwr~ ers, ~n w ~c case e C~ tv and the Re resentative shall discuss and ne otiate such e ense, forthwith prepare an furn~s to e Un erwr~ ers, a reasona e number of copies of an amendment of or supplement to the Final Official statement (in form and substance satisfactory to the City and the Representative) which will amend or supplement the Final Official statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Final Official statement is delivered to a purchaser, not misleading. The term "end of the underwriting period" means the later of M.2,Lthe date of closing or M..Q.L the date on which the Underwriters do not retain, either directly or as a member of an underwriting syndicate, an unsold balance of the 1991 Bonds for sale to the public. The Representative will notify the city promptly upon the occurrence of the event described in clause . ~ of the preceQing sentence. The City will promptly notify the 5 Underwriters of the occurrence of any event of which it has knowledge, in its opinion, is an event described in clause (B) of the^first sentence of this ~S. The Underwriters agree to file the Final Official statement with at least two Nationally Recognized Municipal Securities Information Repositories ("NRMSIR") which have been designated as such by the Securities and Exchange Commission pursuant to the Rule not later than two business days after the date of~losing, and will furnish to the City the names and addresses of each NRMSIR receiving a copy of the Final Official statement. The filing of the Final Official statement with each NRMSIR shall be in accordance with the terms and conditions applicable to such NRMSIR. The City hereby agrees and covenants to furnish ongoing reports and information to the Underwriters as are reasonably requested and which are or may become customary in the industry for municipal obligations similar to the 1991 Bonds, and specifically to furnish to the Underwriters a copy of the City's audited final statements. The City further agrees and covenants to furnish to the Underwriters such other information as becomes available from time to time as under the re uirements of clause B of the first sentence 0 t ~s ~S, wou ave een ~nc u ~n e ~na 0 ~c~a Statement had the information been known at the time of preparation thereof or of the event from which the information arises had occurred. The obligations of the city contained in this paragraph shall terminate twenty-five (25) days after the "end of the underwriting period" (as defined in the preceding paragraph of this ~S). 6. ReDresentations and Warranties of the city. The city represents and warrants to the Underwriters as follows: (a) As of At he time of acceptance hereof and at the time of Closing, the statements and information contained in theA Official statement (as defined below) and the Final Official statement, as of their respective dates, are and will be accurate in all material respects, and do not and will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. In addition, any amendments to the Final Official Statement prepared and furnished by the City pursuant to ~5 hereof will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (b) As of its date, the Preliminary Official statement was deemed "final" by the City for purposes of 17 C.F.R. ~240. lSC2-12(b) (1) and as of the date hereof, the hand marked Official statement attached hereto as Exhibit B (and referred - 6 . to herein as "Official statement") is deemed "final" by the city for purposes of 17 C.F.R. g240.15C2-12(b)(4). (c) When executed and delivered by the city in accordance with the provisions of this Agreement, the 1991 Bonds will have been duly authorized by the city, in the manner required under applicable law, executed, issued and delivered and will constitute valid and binding limited obligations of the City, enforceable against the City in accordance with their terms, in conformance with the Act and the Bond Resolution, such enforceability being subject to bankruptcy, insolvency, reorganization, moratorium or similar laws, relating to or affecting the enforcement of creditors' rights generally and to the exercise of judicial discretion in accordance with general principles of equity. (d) The adoption by the City of the Bond Resolution and the execution and delivery by the City of this Agreement, the 1991 Bonds, and all other documents executed and delivered by the City in connection with the issuance of the 1991 Bonds (collectively, along with the Bond Resolution, the "Bond Documents") and the compliance by the City with the provisions thereof will not in any material respect conflict with or resul t in a breach or violation of any of the terms or provisions of, or constitute a default under, any agreement or other instrument to which the city is a party or by which the City is bound, or any existing law, administrative regulation, court order or consent decree to which the City or its property is subject. (e) The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriters as the Representative may reasonably request, to (i) qualify the 1991 Bonds for offer and sale under the Blue sky or other securities laws and regulations of such states and other jurisdictions of the United states of America as the Underwriters may designate and (ii) determine the eligibility of the 1991 Bonds for investment under the laws of such states and other jurisdictions and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the 1991 Bonds. This paragraph shall not, however, require the City to submit to the jurisdiction of a court of any state other than Florida, consent to the service of process in any iurisdiction or qualify to do business in any jurisdiction. (f) Between the date of this Agreement and the time of Closing, the City will not execute any bonds, notes or other obligations for borrowed money, other than those the proposed issuance or incurring of which is referred to explicitly in theAOfficial statement, without giving prior written notice - thereof to the Representative. 7 (g) The city is, and will be at the date of Closing, duly organized and validly existing as a municipal corporation under the Constitution and laws of the state of Florida, with the power and authority set forth in the Act. (h) The City (i) has full legal power and authority to adopt the Bond Resolution; to execute and deliver this Agreement and the other Bond Documents; to issue, sell and deliver the 1991 Bonds; and to carry out and consummate the transactions contemplated by this Agreement, the Final Official statement and the other Bond Documents; (ii) has Afullv complied with or will comply with as of the date of closing all applicable provisions of law relating to such transactions; (iii) has duly authorized, approved and adopted the Bond Resolution, the execution, delivery and distribution of the Final Official statement and the taking of all such action as may be required on the part of the City to carry out and consummate the transactions contemplated by the aforesaid instruments; (iv) has in full force and effect all consents, approvals, permits or other actions by or filings with any governmental authority required for the execution and delivery by the City of this Agreement and the other Bond Documents, and for the performance by the city of the transactions contemplated thereby (except that the City makes no representations reqardinq compliance with state Blue Sky laws or leqal investment laws or Federal securities law); (v) represents that from the time of acceptance by the City hereof through the date of the Closing, except as contemplated by the AOfficial Statement, the City will not incur any material liabilities, direct or contingent, or enter into any transaction that could adversely affect the transactions contemplated hereby or by the Bond Documents,A(vi) represents that from the date of its acceptance hereof through the date of Closing, except as contemplated by the Official statement, there shall not have been any material adverse change in the condition, financial or physical, of the city or the Combined Public utility other than changes in the ordinary course of business or in the normal operation of the Combined Public utility operated by the City that could adversely affect the transactions contemplated hereby; and (vii) represents that the execution and delivery by the City of this Agreement, the 1991 Bonds and the other Bond Documents, the compliance by the city with the provisions thereof, and the carrying out and consummation by the city of its obligations under such documents and instruments will not conflict with or constitute a breach of or a default under any law, administrati ve regulation, court decree, instrument or agreement to which the ci ty is subj ect or by which the ci ty is or any of its properties are bound. (i) Except as disclosed in theAOfficial statement, to the - best knowledge of the City, as of the date hereof, there is 8 no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or threatened against the City, affecting or seeking to prohibit, restrain or enjoin the levy, imposition and collection ofARates and Charaes as provided in the Bond Resolution or the sale, issuance or delivery of the 1991 Bonds or contesting or affecting the City's levy, imposition and collection of Rates and charges as provided in the Bond Resolution, the validity or enforceability of the Act in any respect relating to authorization for the issuance of the 1991 Bonds or the adoption of the Bond Resolution, or contesting the exclusion from gross income for federal income tax purposes of interest on the 1991 Bonds, or contesting the completeness or accuracy of the Official statement or any supplement or amendment thereto, or contesting the powers of the city or its authority for the issuance of the 1991 Bonds, the adoption of the Bond Resolution, or the execution and delivery by the city of this Agreement. (j) The City will not take or omit to take any action which would adversely affect the exclusion from gross income of the interest on the Bonds under the Internal Revenue Code of 1986, as amended. (k) Any certificate signed by any official of the City and delivered to the Underwriters shall be deemed to be a representation and warranty by the City to each of the Underwriters as to the statements made therein. 7. Closina. On the terms and conditions set forth in this Agreement, the Underwriters shall purchase all (and not less than all) of the 1991 Bonds, and pay the Purchase Price of the 1991 Bonds, plus accrued interest thereon to the date of Closing, as set forth in section 1 hereof, and the City shall deliver the aggregate principal amount of the 1991 Bonds in the manner specified below. On ,1991 atA1:00 p.m., prevailing local time, or at such other place or other date or time as may be agreed upon by the parties hereto (the "Closing"), the City shall deliver the 1991 Bonds in definitive form (to be printed or lithographed on steel engraved borders) to the Underwriters, at a location designated by the Underwriters in New York, New York, registered in the names and in authorized denominations provided by the Representative (which names and denominations shall be spec~fied by the Representative not less than 2. days prior to Closing), bearing CUSIP numbers and duly executed and authenticated. The city hereby agrees that it shall make the 1991 Bonds available to the Underwriters at least 24 hours prior to Closing for inspection and packaging. simultaneously with such delivery of the 1991 Bonds, the Representative shall pay the Purchase Price to the city in the manner provided for in Section 1 hereof and the City shall execute and deliver the Bond Documents and other documents referred to in - section 8 hereof. - The execution and deli very of the Bond Documents 9 and other closing documents is to take place at the offices of Bond Counsel (hereinafter defined) located at 515 North Flagler Drive, Suite 900, West Palm Beach, Florida. 8. Conditions of closing-. The Underwriters have entered into this Agreement in reliance upon the representations and warranties of the city herein contained and the performance by the city of its obligations hereunder, both as of the date hereof and as of the time of Closing. The obligations of the Underwriters hereunder are subject to the following conditions: (a) At the time of the Closing, (i) the Bond Documents and any other documents deemed necessary by Bond Counsel in connection with the issuance of the 1991 Bonds shall be in full force and effect and shall not have been amended, modified or supplemented in any material respect prior to the closing, except as may have been agreed to in writing by the city and the Representative, and the City shall have duly adopted and there shall be in full force and effect the Bond Resolution and such additional resolutions, or ordinances or agreements as shall, in the opinion of Jeffrey S. Kurtz, Esquire, city Attorney of the city ("city Attorney"), Mudge Rose Guthrie Alexander & Ferdon, West Palm Beach, Florida, Bond Counsel ("Bond Counsel") and Wollett & Brady, Palm Beach Gardens, Florida, Counsel to the Underwriters ("Counsel to the Underwriters"), be necessary in connection with the issuance of the 1991 Bonds, (ii) the 1991 Bonds shall have been duly authorized, executed, authenticated and delivered, (iii) the representations and warranties of the city herein shall be true and accurate in all material respects, (iv) the Paying Agent shall have received the executed original Policy and (v) the City shall perform or have performed all obligations required under or specified in this Agreement to be performed at or prior to the Closing. (b) At the date of execution hereof and at the closing, the Bond Resolution shall have been duly approved and adopted by the City, shall be in full force and effect, and shall not have been amended, modified or supplemented, except for the Award Resolution and to the extent to which the Representative shall have given its prior written consent+ and there shall have been taken in connection therewith and ~n connection with the issuance of the 1991 Bonds all such action as, in the opinion of Bond Counsel and Counsel to the Underwriters, shall be necessary and appropriate in connection with the transactions contemplated hereby. (c) At the Closing there will be no pending or threatened litigation or proceeding of any nature seeking to restrain or enjoin the issuance, sale or delivery of the 1991 Bonds, or the pledge collection or application of the~Revenues - to pay the principal of and interest on the 1991 Bonds or in 10 any way contesting or affecting the validity or enforceability of the 1991 Bonds, the Bond Resolution, or this Agreement or contesting in any way the proceedings of the city taken with respect thereto, or contesting in any way the due existence or powers of the city or the title of any of the members of the City commission or officials of the City to their respective offices and the Underwriters will receive the certificate of the Mayor and the Clerk to the foregoing effect or an opinion of the City Attorney that any such litigation is without merit. (d) Except as disclosed in the Final Official statement, there shall have been no material adverse change in the financial condition of the City since september 30, 1990. (e) At or prior to the Closing, the Underwriters shall have received the fOllowing documents: (i) The.t\approving opinion of Bond Counsel, dated the date of closing, sUbstantially in the form appended to theAOfficial Statement as Appendix E and a letter of such Borid Counsel, dated the date of Closing and addressed to the Underwriters, to the effect that the foregoing opinion addressed to the city may be relied upon by the Underwriters to the same extent as if such opinion were addressed to them. (ii) A supplemental opinion of Bond Counsel, dated the date of the Closing and addressed to the Under- writers to the effect that: (A) the information contained in the Final Official statement under the headings "Introduction", "Description of the 1991 Bonds", "Redemption Provisions", "Source of Payment and Security for the 1991 Bonds", "Enforceability of Remedies", "Validation" and "Tax Exemption", and the information contained in "Appendix B - Summary of Certain Provisions of the Bond Resolution" and "Appendix E - Form of Bond Counsel Opinion",Ato the extent the information under such headings and in such Appendices purports to summarize portions of the Bond Resolution, the 1991 Bonds, or the law referred to therein, such information constitutes a fair summary of the portions of such documents and the law purported to be summarized therein; and ( B ) the 1991 Bonds are not subj ect to the registration requirements of the Securities Act of 1933, as amended, and the Bond Resolution is exempt from qualification pursuant to the Trust Indenture - Act of 1939, as amended. 11 (iii) A certificate or certificates, dated the date of closing, signed by the Mayor or Vice Mayor and the City Manager or Assistant City Manager, in form satisfac- tory to Bond Counsel, the Representative and Counsel to the Underwriters, in which such officials state that, to the best of their knowledge: (A) the representations and warranties of the ci ty contained in this Agreement are true and ^correct in all material respects as of the Closing, the City has satisfied all conditions on its part to be performed or satisfied hereunder at or prior to the Closing, and the information and statements contained in the Final Official statement are true, correct and complete in all material respects for the purposes for which such Final Official statement is to be used, and nothing has come to their attention that would lead them to believe that such information in the Final Official statement includes any untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (B) no event affecting the City has occurred since the date of the Final Official statement which should be disclosed in the Final Official statement for the purposes for which it is to be used or which it is necessary to disclose therein in order to make the statements and information therein not misleading in any material respect; (C) the financial statements and the other financial and statistical data relating to the City, the 1991 Project ~ the Combined Public Utility included in the Final Official statement are true and correct as of the date of such certificate; (D) since the date of the financial statements of the City included in the Final Official statement as Appendix C thereto, (i) no material and adverse change has occurred in the financial condition of the City or the Combined Public utility, except as disclosed in the Final Official statement and (ii) the City has not incurred any material liabilities other than in the ordinary course of business, except as set forth in or contemplated by the Final Official statement; (E) no obligations issued or guaranteed by the - City are in default as to payment of principal or 12 interest or have been in default as to payment of principal or interest at any time after December 31, 1975; (F) except as disclosed in the Final Official statement, there is no litigation of which either of them have notice, and to the best knowledge of each of them no litigation is pending or threatened (1) to restrain or enjoin the issuance or delivery of any of the 1991 Bonds, (2) in any way contesting or affecting the validity of any of the proceedings or authority for the issuance of the 1991 Bonds or the validity of the 1991 Bonds, the Bond Resolution, the Rates and Charges, or this Agreement, (3) in any way contesting the corporate existence or powers of the City, (4) to restrain or enjoin the collection of revenues pledged or to be pledged to pay the principal of, premium, if any, and interest on the 1991 Bonds, (5) which may result in any material adverse change in the business, properties, assets and the financial condition of the city taken as a whole, or (6) asserting that the Final Official statement contains any untrue statement of a material fact or omits any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading;^ (G) the Final Official statement did not as of its date, and does not as of the date of closing, contain any untrue statement of a material fact or omit to state a material fact required to be included therein or necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading; and (H) during the period from September 30, 1990 through April ,1991, there have not occurred any changes in the-long-term debt of the City, other than as disclosed in the Final Official Statement or as occasioned by repayments of such indebtedness. The Mayor or Vice-Mayor and the city Manager or Assistant City Manager shall also execute a certificate of certificates, dated the date of Closing and in form satisfactory to Bond Counsel and the Representative as is required under Part I, Article III, Section 4G of the 1988 Resolution with respect to the issuance of ~ passu additional bonds. The City shall also deliver a certificate, dated the date of closing and addressed to - the Underwriters, to the effect that no appeal has been 13 taken with respect to the validation of the Series A Bonds or with respect to the validation of the Series B Bonds. (iv) An opinion, dated the date of Closing, of the City Attorney, addressed to the City and to the Underwriters, in form and substance satisfactory to the Underwriters and Counsel to the Underwriters to the effect that: (A) the City is a duly existing municipal corporation of the State of Florida (the "State") and had and has good right and lawful authority under the Constitution and laws of the State to adopt the Bond Resolution and to authorize and issue the 1991 Bonds; the proceedinqs for the imolementation of the Rates and Charges and the Bond Resolution have been duly adopted by the City, are in full force and effect and constitute the valid, legal and binding obligations of the City enforceable in accordance with their termSA and, with respect to the Bond Resolution, constitute a valid and legally binding contract with the several holders of the 1991 Bonds; and under the laws of the State, the holders of the 1991 Bonds are not precluded pursuant to any sovereign immunity laws or similar laws from bringing proceedings to enforce the obligations imposed by the Bond Resolution; (B) as of the Closing date, the city has duly performed all Obligations required to be performed by it as of such date pursuant to the Bond Resolution; (C) this Agreement and the Bond Resolution have been duly authorized, executed and delivered by the City and each constitutes a valid and binding agreement of the City enforceable in accordance with its terms; (D) the adoption of the Rates and Charges and the Bond Resolution and the execution and delivery of this Agreement, and the 1991 Bonds and compliance with the provisions thereof, will not, to the best of his knowledge, conflict with or constitute a breach of or default under any existing law, administrative regulation, court decree, resolution or agreement to which the City is sUbject and the City has the power and authority under the laws of the State to pledge the revenues so pledged under the Bond Resolution and to budget, appropriate - and/or use any other funds of the City, to the 14 extent provided in the Bond Resolution, to pay the 1991 Bonds and interest thereon; (E) The city is authorized under the Constitution and Laws of the state to levy, impose and collect the Rates and Charges to provide for the payment of the 1991 Bonds, and upon adoption all proceedinqs relating to the implementation of the Rates and Charges levied in connection w~th the 1991 Bonds shall constitute a valid levy by the City and the holders of the 1991 Bonds are not precluded under any sovereign immunity laws or similar laws from bringing proceedings to enforce the obligations of the City under the Bond Resolution; (F) except as disclosed in the Final Official statement, to the best of his knowledge after due inquiry with respect thereto, no litigation or other proceedings are pending or threatened in any court or other tribunal of competent jurisdiction, state or Federal, in any way (A) restraining or enjoining the levy, imposition or collection of Rates and Charges or issuance, sale or delivery of any of the 1991 Bonds, or (B) questioning or affecting the validity of this Agreement, the 1991 Bonds, the Bond Resolution, or the pledge by the city of the revenues so pledged under the Bond ResolutionAand/or use .21. other funds as provided in the Bond Resolution, or (C) questioning or affecting the validity of any of the proceedings for the authorization, sale, execution, registration, issuance or delivery of the 1991 Bonds and the security therefor; or (D) questioning or affecting (1) the organization or existence of the City or the City commission or the title to office of the officers thereof, or (2) the power or authority of the city to levy, impose and collect the Rates and Charges; or (E) which could materially adversely affect the operations of the Combined Public utility or the financial condition of the Combined Public utility; (G) the Final Official statement has been duly authorized, executed and delivered by the City and has been approved by the City Commission of the City for use in connection with the sale of the 1991 Bonds; (H) with respect to the information (other than financial and statistical data) in the Final Official statement contained in Appendix AAto such - Final Official statement and under the headings 15 "Introduction", "The City", "The Existing Combined Public utility", "Water and Sewer Rates", "Authorization and certification Concerning Official Statement" and "Litigation", and based upon participation in the preparation of the Final Official Statement, as of the date of such document and at all subsequent times up to and including the date of Closing, such information did not and does not contain any untrue statement of a material fact or omit any material fact required to be stated therein or necessary to make such information not misleading; and (I) all approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would con- stitute a condition precedent to the performance by the City of its obligations hereunder and under the Bond Resolution and the other Bond Documents have been obtained and are in full force and effect exce t that no o inion need be e res sed with respect to approva s, cons en s, au or~zat~ons and orders relat~nq to the Blue Sky or leqal investment laws of an 'urisdiction or with res ect to Federal secur~ ~es aws . All of the above opinions of the City Attorney as to enforceability of the legal obligations of the City may be subject to and limited by bankruptcy, insolvency, reorganization, moratorium and similar laws, in each case relating to or affecting the enforcement of creditors rights generally, and other general principles of equity. (v) An opinion of Counsel to the Underwriters, dated the date of the Closing, addressed to the Underwriters and in form satisfactory to the Representative, to the effect that: (A) the 1991 Bonds are not sUbject to the registration requirements of the Securities Act of 1933, as amended, and the Bond Resolution is exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended; (B) based upon participation in the prepar- ation of the Final Official Statement as Counsel to the Underwriters and without having undertaken to determine or verify independently the accuracy, completeness or fairness of the statements contained in the Final Official statement, as of the date of the Closing nothing has corne to the attention of - such counsel causing them to believe that the Final 16 Official statement as of its date contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (except for the financial and statistical information contained in the Final Official statement and the information concerning (the Bond Insurer], as to all of which no view need be expressed). (vi) The written approval of Ernst & Young, certified public accountants, of the use of their report in the Preliminary Official statement and in the Final Official statement in "Appendix C, General Purpose Financial statements of the city of Delray Beach, Florida, for the Year Ended September 30, 1990", and the use of their name therein. (vii) Executed originals of the Consulting Engineer's Report, included in the Final Official statement as Appendix D. (viii) A letter from Post, Buckley, Schuh & Jernigan, Inc., dated the date of the Closing and addressed to the Underwriters and the City, in the form set forth in Exhibit C hereto, a letter from Camp Dresser & McKee, Inc., dated the date of the Closing and addressed to the Underwriters and the City, in the form set forth in Exhibit D hereto, and a letter from Ernst & Young, dated the date of the Closing and addressed to the Underwriters, in the form set forth in Exhibit E hereto. (ix) A letter from Post, Buckley, Schuh & Jernigan, Inc., dated the date of the Closing and addressed to the City and the Underwriters, to the effect as required by Part I, Article III, section 4G of the 1988 Resolution with respect to the issuance of additional Bonds. (x) Copies of the fully executed Policy issued by . (xi) An opinion of general counsel to (the Bond Insurer] and a certificate of an officer of , dated the date of the Closing and addressed to the Underwriters and the City, concerning (the Bond Insurer] , the policy and the information relating to [the Bond Insurer] contained in the Final Official Statement, in form and substance satisfactory to the Representative. - 17 (xii) Letters from Moody's Investors Service and Standard & Poor's Corporation confirming that such rating agencies have issued ratings of " "and" ", respectively, for the 1991 Bonds. --- --- (xiii) Such additional certificates, instruments or opinions as to the City Attorney, Bond Counselor the Underwriters and its counsel may deem necessary or desirable. 9. Termination. The Underwriters may terminate this Agreement, without any liability therefor, by notification in writing from the Representative to the City, if at the time of or prior to the closing (a) legislation shall be enacted by the Congress of the United States or adopted by either the united States Senate or House of Representatives or recommended by the President of the United States to the Congress for passage or favorably reported for passage to either House of Congress by any committee of either House of Congress or any conference committee of the House and Senate or a decision by a Court of the United states, including the United States Tax Court, shall be rendered or a ruling, regulation or official statement by or on behalf of the Treasury Department of the united States, the Internal Revenue Service, or other governmental agency shall be made, with respect to federal taxation upon interest on state and local bonds, such as the 1991 Bonds, or other action or events shall have occurred which have the purpose or effect, directly or indirectly, of materially adversely affecting the federal income tax consequences of ownership of the 1991 Bonds or any of the transactions contemplated in connection herewith, which in the reasonable opinion of the Representative, materially adversely affects the market for the 1991 Bonds or the sale by the Underwriters of the 1991 Bonds; or (b) legislation shall be enacted or any action shall be taken by the Securities and Exchange commission which, in the reasonable opinion of the Representative and Counsel to the underwriters, has the effect of requiring the contemplated distribution of the 1991 Bonds to be registered under the Securities Act of 1933, as amended, or the Bond Resolution to be qualified under the Trust Indenture Act of 1939, as amended, or there shall exist a stop order, ruling or regulation by the Securities and Exchange Commission the effect of which is that the issuance, offering or sale of the 1991 Bonds, as contemplated hereby or by the Final Official Statement, is in violation of any provision of the Securities Act of 1933, as amended and as then in effect, or of the Securities Exchange Act of 1934, as amended and as then in effect, or that the Bond Resolution is not exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended and as then in effect; or (c) there shall exist any event which in the reasonable judgment of the Representative either (i) makes untrue or incorrect in any material respect any statement or information contained in the Final Official Statement or (ii) is - not reflected in the Final Official Statement but should be 18 reflected therein or in an attachment thereto in order to make any material statements and information contained therein not misleading in any material respect; or (d) the City fails to deliver the Final Official statement to the Underwriters within the time period provided in section 4 hereof if such failure affects the Underwriters' marketing and sale of the 1991 Bonds or subjects the Underwriters to possible compliance infractions under Securi- ties and Exchange Commission or Municipal Securities Rulemaking Board delivery requirements; or (e) there shall have occurred any outbreak of hostilities or any national or international calamity or crisis, the effect of such outbreak, calamity or crisis, in the jUdgment 0 the Representative, being such as could cause a material disruption in the munic~pal bond market, or to materially adversely affect the marketability of the 1991 Bonds or the sale by the Underwriters of the 1991 Bonds at the offering prices contemplated hereunderMor (f) there shall be in force a general suspension of trading on the New York stock Exchange or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on the New York stock Exchange whether by virtue of a determination by the New York Stock Exchange or by order of the Securities and Exchange commission or any other governmental authority having jurisdiction which, in the judqrnent of the Representative, has the effect of materially adversel1 affecting the marketability of the 1991 Bonds, or the sa e by the Underwriters of the 1991 Bonds, at the offerinq prices contemplated hereunder; or (g) a general banking moratorium shall have been declared by either federal, Florida or New York authorities having jurisdiction and then in force the effect of which on the financial markets of the United states is such as, in the reasonable judgment of the underwriters, would materially adversely affect the market for the 1991 Bonds or the sale by the Underwriters of the 1991 Bonds; or (h) any litigation shall be instituted or be pending at closing, to restrain or enjoin the issuance, sale or delivery of the 1991 Bonds, or that in any way contests or affects any authority for the validity of the 1991 Bonds or any of the Bond Documents, the pledge or application of any moneys or securities provided for the payment of the 1991 Bonds, the levy or collection of the Rates and Charges, or the existence or powers of the City; or (i) the City has, after the date hereof and prior to the Closing, without prior written consent of the Underwriters, offered or issued any bonds, notes or other obligations for borrowed money, or incurred any material liability for borrowed money, or incurred any material liability direct or indirect, or there has been an adverse change of a material nature in the financial position, results of operation or condition, financial or otherwise, of the ci ty in all cases other than in the ordinary course of its business, or other than as contemplated in the Official Statement, which change could materially adversely affect the transactions contemplated hereby; or (j) any legislation, rule or regulation shall be introduced in, or be enacted by, any department or agency - in the state, or, any decision shall be rendered by a court of 19 competent jurisdiction within the state which materially affects the market for the 1991 Bonds or the sale by the Underwriters of the 1991 Bonds at the offering prices contemplated hereunder; or I~ any rating of the 1991 Bonds or the rating of any class of security of the City shall have been down graded or withdrawn by a national credit rating service; or ~ AMBAC shall notify or inform he City or the Representative at ~t will not insure payment of the principal of or interest on the 1991 Bonds as contemplated in the Final Official statement; orA(m) any amendment to the Final Official statement is proposed by tne-city or deemed necessary by the Representati ve pursuant to ~ 5 hereof, which materially adversely affects the market for the 1991 Bonds or the sale by the Underwriters of the 1991 Bonds at the offering prices contemplated hereunder. If the City shall be unable to satisfy the conditions to the obligation of the Underwriters to purchase, to accept delivery of and to pay for the 1991 Bonds contained in this Agreement and the Representative does not waive such inability in writing, or if the obligations of the Underwriters shall be terminated for any reason permitted in the foregoing paragraph or otherwise by this Agreement, this Agreement shall be terminated and neither the Underwriters nor the City shall have any further obligations hereunder, except for the return by the City to the Representative of the good faith deposit and as provided in sections 10 and 11 hereof. However, the Underwriters may, in their discretion, waive, by written notice provided by the Representative, one or more of the conditions imposed by this Agreement and proceed with the Closing. 10. Expenses. (a) The Underwriters shall be under no obligation to pay, and the City shall pay, (i) the City's engineers, rate consul tants, financial advisor and any other experts, advisors or consultants retained to assist the city, (ii) the fees and disbursements of the City Attorney, (iii) all travel and other out-of-pocket expenses of the city's staff and officials;A(iv) the cost of the preparation, printing and execution of the 1991 Bonds, (v) fees for bond ratings, (vi) the cost of reproducing all necessary copies of any of the Bond Documents, (vii) the fees and disbursements of Bond Counsel, (viii) the cost of preparation, printing and distribution of the Preliminary Official Statement and Final Official Statement, (ix) the fees and disbursements of the bond registrar, the paying agent, the City's independent certified public accountants, (x) the costs referred to in Ai.2.. hereof, if any; and (xi) the premium for the Policy and fees and expenses of the credit rating agencies referred to in section 8(e)(xi) hereto; all such expenses to be paid by the City as issuance costs. - 20 (b) The Underwriters shall pay (i) all underwriting and advertising expenses in connection with the public offering and distribution of the 1991 Bonds, (ii) the fees and disbursements of Counsel to the Underwriters, (iii) the cost of preparation, distribution and printing of the blue sky memoranda and legal investment survey, (iv) the cost of the preparation and printing of any selling group agreement and this Bond Purchase Agreement, and (v) all travel and out-of- pocket expenses of the Underwriters. 11 . Survival of Contract. The respective agreements, representations and warranties and other statements of the City, the Underwriters and their respecti ve officials, officers and partners set forth in, or made pursuant to, this Bond Purchase Agreement will remain in full force and effect regardless of any investigation, or statement as to the results thereof, made by or on behalf of the city, the Underwriters or any of their respective officials, officers, partners or directors or any controlling person, and will survive delivery and payment of the 1991 Bonds. 12. Benefit. This Agreement is made for the benefit of the parties hereto (including the successors or assigns of the underwriters). No other person shall acquire or have any right hereunder or by virtue hereof. 13. Execution in Counteroarts. This Agreement may be executed in any number of counterparts, all of which taken together shall be one and the same instrument, and any parties hereto may execute this Agreement by signing any such counterpart. The execution of this Agreement has been duly authorized by the City commission of the city. 14. Notices. Any notices or other communications to be given to the city under this Agreement may be given by mailing the same to the city Manager, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida 33444, and any such notice or other communication to be given to the Underwriters or to the Representative may be mailed to Smith Barney, Harris Upham & Co. Incorporated, 625 North Flagler Drive, West Palm Beach, Florida 33401, Attention: Public Finance Department. 15. Severability. The invalidity or enforceability of any provision of this Agreement as to anyone or more jurisdictions shall not affect the validity or enforceability of the balance of this Agreement as to such jurisdiction or jurisdictions, or affect in any way such validity or enforceability as to any other jurisdiction. 16. waiver or Modification. No waiver or modification of any one or more of the terms and conditions of this Agreement shall be valid unless in writing and signed by the party or parties making - such waiver or agreeing to such modification. 21 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. Very truly yours, SMITH BARNEY, HARRIS UPHAM & CO. INCORPORATED, as representative of the Underwriters named in the first paragraph hereof By ^ Vice President ACCEPTED on , 1991 THE CITY OF DELRAY BEACH, FLORIDA By Mayor [SEAL] Attest: City Clerk Approved as to form and legal sufficing City Attorney Bonds Delray.bpa - 22 EXHIBIT C [CLOSING DATE] Smith Barney, Harris Upham & Co. Incorporated 625 North Flagler Drive West Palm Beach, Florida 33401 ICity commission of the City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Re: City of Delray Beach, Florida Water and Sewer Revenue Bonds, Series 1991 A and Series 1991 B Dear Sirs: At your request, this letter is being delivered to you and the City (as defined below) pursuant to Section 8(e)(viii) of the Bond Purchase Agreement dated , 1991 between the City of Delray Beach, Florida (the "City") and yourselves with respect to the captioned bonds (the "Bonds"). We consent to (i) the inclusion in the Preliminary Official Statement dated AApril 9, 1991 relating to the Bonds (the "Preliminary Official statement"), as Appendix D, our cover letter and Engineering Report relating to the city's expansion and rehabilitation of its combined water and sewer utility system (the "Combined Public Utility"), dated "April 4, 1991 (the "POS Engineering Report"), (ii) the inclusion in the Final Official Statement dated , 1991 relating to the Bonds (the "Final Official Statement"), as Appendix D, our cover letter and Engineering Report relating to the expansion and rehabilitation of the combined Public utility (the "1991 Project"), dated , 1991 (the "Engineering Report") and (iii) the references to us in the preliminary Official Statement and the Final Official Statement. We have reviewed the Preliminary Official Statement and the Final Official Statement as consulting engineers for the 1991 proj ect . The POS Engineering Report and the Engineering Report were prepared in accordance with generally accepted engineering practices. C-1 smith Barney, Harris Upham & Co. Incorporated , 1991 Page 2 As of the date of this letter, we know of no change in matters described in our pos Engineering Report (except for changes contained in the Engineering Report) or our Engineering Report or matters contained in the Preliminary Official statement (except for changes contained in the Final Official statement) or the Final Official statement relating to the 1991 Project, the Combined Public Utility, the Water and Sewer Rates or Future capital projects. We believe that the assumptions used in compiling our pos Engineering Report and Engineering Report are reasonable. Further, based upon our participation in the preparation of the preliminary Official Statement and the Final Official statement as consulting engineers for the 1991 Project but without representing that we have made an independent review of matters outside the scope of our engagement, and without having undertaken to determine independently the accuracy, completeness or fairness of the statements contained in the Preliminary Official statement and the Final Official statement, nothing has come to our attention that would cause us to believe that (A) the Preliminary Official statement or the pos Engineering Report, as of the date of the Preliminary Official statement, contained any untrue statement of an adverse material fact or omission of an adverse material fact, or (B) the Final Official statement or the Engineering Report as of the date of the Final Official statement and as of the date hereof contained or contain any untrue statement of an adverse material fact or omission of an adverse material fact. Very truly yours, Post, Buckley, Schuh & Jernigan, Inc. By: Authorized Officer C-2 - EXHIBIT D [CLOSING DATE] City Commission City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 smith Barney, Harris Upham & Co. Incorporated 625 North Flagler Drive West Palm Beach, Florida 33401 Re: city of Delray Beach, Florida Water and Sewer Revenue Bonds, Series 1991 A and Series 1991 B Dear Sirs: At your request, this letter is being delivered to you and the city (as defined below) pursuant to section 8(e)(viii) of the Bond Purchase Agreement dated , 1991 between the City of Delray Beach, Florida (the "City") and yourselves with respect to the city's Water and Sewer Revenue Bonds, Series 1991 A and Series 1991 B (the "Bonds"). We consent to (i) references to us in the Engineering Report datedAhpril 4, 1991, prepared by Post, Buckley, Schuh & Jernigan, Inc. (the "POS Engineering Report") on the expansion and rehabilitation of the City's combined water and sewer utility system (the "Combined Public utility") and (ii) references to us in the engineering report on the 1991 project (hereinafter defined), dated , 1991, prepared by Post, Buckley, Schuh & Jernigan, Inc. (the "Engineering Report"). We have reviewed the POS Engineering Report, the Engineering Report, the Preliminary Official Statement and the Final Official Statement in our capacity as consulting engineers for a portion of the expansion and upgrading of the Combined Public utility (the "1991 project"). Very truly yours, CAMP DRESSER & MCKEE By: - Authorized Officer D-1 EXHIBIT E (CLOSING DATE] City Commission City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 smith Barney, Harris Upham & Co. Incorporated 625 North Flagler Drive West Palm Beach, Florida 33401 Re: city of Delray Beach, Florida Water and Sewer Revenue Bonds, Series 1991 A and Series 1991 B Dear Sirs: At your request, this letter is being delivered to you and the City (as defined below) pursuant to section 8(e)(viii) of the Bond Purchase Agreement dated , 1991 between the City of Delray Beach, Florida (the "City") and yourselves with respect to the City's Water and Sewer Utility Revenue Bonds, Series 1991 A and Series 1991 B (the "Bonds"). We consent to (i) references to us in the consulting engineer's report, dated~pril 4, 1991, prepared by Post, Buckley, Schuh, Jernigan, Inc. (the "Engineering Report") contained in Appendix D to the Preliminary Official Statement and Appendix D to the Final Official Statement. We have reviewed the Engineering Report and the Final Official Statement in our capacity as rate consultants for the expansion and upgrading of the City's combined water and sewer utility system (the "Combined Public utility"). Very truly yours, ERNST & YOUNG By: Authorized Officer E-l EXHIBIT F DISCLOSURE STATEMENT The undersigned, as representative of the Underwriters, proposes to negotiate with the City of Delray Beach, Florida for the sale of $ principal amount of its Water and Sewer Revenue Bonds, Series 1991 A and series 1991 B (the "1991 Bonds"), to be completed on this date. Prior to the award of the 1991 Bonds, the following information is hereby furnished to the City: l. Set forth on Schedule I to this Exhibit F is an itemized list of the nature and estimated amounts of expenses to be incurred by the Underwriters in connection with the issuance of the 1991 Bonds. 2. Set forth below are the names, addresses and estimated amounts of compensation of all "finders", as defined in section 218.386, Florida statutes: NONE 3. The amount of the underwriting spread expected to be realized by the Underwriters is per Bond which includes the components itemized on Schedule I attached hereto. 4. The management fee to be charged by the Underwriters is $ (or approximately $ per Bond), and is included in. and not in addition to, the unde~ting spread referred to in 3 above. F-1 - 5. Set forth below are all other fees, bonuses and other compensation estimated to be paid by the Underwriters on behalf of the City from Bond proceeds in connection with the 1991 Bonds to all persons not regularly employed or retained by them. Underwriters' counsel fee $ Underwriters' counsel expenses 6. The name and address of the Underwriters connected with the 1991 Bonds is as follows: Smith Barney, Harris Upham & Co. Incorporated 625 North Flagler Drive West Palm Beach, Florida 33401 smith, Mitchell & Associates, Inc. 319 Clematis Street, 10th Floor West Palm Beach, Florida 33401 Bear, Stearns & Co., Inc. 245 Park Avenue New York, New York 10167 Southeastern Capital Group, Inc. 700 West Hillsboro Boulevard Building Three, suite 102 Deerfield Beach, Florida 33441 IN WITNESS WHEREOF, the undersigned has executed this Disclosure Statement on behalf of the Underwriters this _ day of , 1991. SMITH BARNEY, HARRIS UPHAM & CO. , INCORPORATED; SMITH MITCHELL & ASSOCIATES , INC.; BEAR STEARNS & CO.. INC.; AND SOUTHEASTERN CAPITAL GROUP, INC. BY: Smith Barney, Harris Upham & Co. , Incorporated, as Representative of the Underwriters By: Vice President . F-2 SCHEDULE I $ CITY OF DELRAY BEACH, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1991 A AND SERIES 1991 B Total Underwriters' Discount S oer Bond Management Fee Under. Risk Average Takedown Expenses: Under. Counsel Fee and Expenses Conununications Advertising syndicate PSA MSRB CUSIP Computer Structuring Day Loan Travel Clearance Closing and Misc. Total Expenses , S-1 - . MEMORANDUM TO: Mayor and City Commission FROM: Alison MacGregor Harty, City Clerk~ SUBJECT: ADDITIONAL AGENDA BACKUP MATERIAL DATE: April 15, 1991 Enclosed is a draft copy of the award and details resolution relating to the Waster and Sewer Revenue Bonds Series 1991A and 1991B. This draft copy was received from Mudge Rose this afternoon and is being forwarded for your review. This resolution will be consi.dered for adoption tomorrow evening. We anticipate a finalized version by that time. Any changes to the proposed resolution must be received by Mudge Rose no later than 12 noon on Tuesday, April 16th. . MUDGE ROSE GUTHRIE ALEXANDER &. FERDON 180 MAIDEN LANE SUITE 900, NORTHBRIDGE CENTRE 2121 K STREET. N.W. NEw YOR". NEW YOR" 10038 WASHINGTON. D.C. 20037 212-510-7000 S I S NORTH FLAGLER DRIVE 202-.2~-~3S5 - - 425 PARK AVENUE WEST PALM BEACH, FLORIDA 33401 SUITE 2020 NEW YORK. NEW YORK 10022 333 SOUTH GRANO AVENUE 212-..6-9200 - LOS ANGELES. CALIF'. 90071 - 407-650-8100 213.613-1112 MORRIS CORPORATE CENTER TWO - ONE UPPER POND ROAO BLDG. 0 - 12. RUE DE lA PAIX PARSIPPANY. NEW JERSEY 070S. F'ACSIMILE: .07-833-1722 75002, PARIS. F'RANCE 20'-33S-000. TELEX: WU 5'4847 (I) 42. 61,57.71 April 15, 1991 TO THOSE PERSONS NAMED ON THE ATTACHED DISTRIBUTION LIST: DELRAY BEACH, FLORIDA Water and Sewer Revenue Bonds Series 1991A and Series 1991B Enclosed is a draft copy of the award and details resolution relating to the above-referenced Bonds. Since this resolution will be considered for adoption tomorrow evening, I will need all comments by noon tomorrow. Thank you for your cooperation. Very truly yours, t ~ Stephen D. Sanford SDS/emi DELRAY BEACH, FLORIDA Water and Sewer Revenue Bonds . Series 1991A and Series 1991B DISTRIBUTION LIST Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Mr. Joseph Safford Finance Director City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Jeffrey Kurtz, Esq. City Attorney City of Delray Beach 310 S.E. 1st Street, Suite 4 Delray Beach, Florida 33483 (407) 243-7090 Ms. Alison MacGregor Harty City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Thomas F. Huestis Public Financial Management, Inc. 201 South OLrange Avenue, Suite 720 Orlando, Florida 32801 (407) 648-2208 Fax (407) 648-1323 Mr David Levy Smith Barney, Harris Upham & Co. Inc. Barnett Centre, 8th Floor 675 North Flagler Drive West Palm Beach, Florida 33401 (407) 655-1122 Fax (407) 832-8663 Frank R. Brady, Esq. Wollett & Brady 3300 PGA Boulevard, Suite 970 Palm Beach Gardens, Florida 33410 (407) 622-0800 Fax (407) 622-1190 Suzanne Felix AMBAC Indemnity Corporation One State Street Plaza New York, New York 10004 (212) 668-0340 Fax (212) 509-9190 Barnett Banks Trust Company, N.A. 9000 Southside Blvd., Bldg. 100 Jacksonville, Florida 32256 (904) 464-2041 (Fax) (904) 464-2255 , RESOLUTION NO. 29-91 #12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEIRAY #15 BEACH, FLORIDA, AMENDING AND SUPPLEMENTING RESOLUTIONS #16 NO. 39-88, NO. 46-90, ~D NO. 104-90, IN CONNECTION WITH #17 OBTAINING BOND INSURANCE: ~UTHORIZING THE NEGOTIATED SAIE #18 QF $8,000, 000 ~ATER AND SEWER REVENUE BONa;, SERIES 1991 A #19,2( AND $ WATER AND SEWER REVENUE BONDS, SERIES #21 1991 B, QF THE CITY OF DEIRAY BEACH, FlDRIDA, FOR THE PUR- #22 POSE OF FINANCING THE COST OF CERTAIN ADDITIONS, EXTENSIONS #23 AND IMPROVEMENTS TO THE CITY'S COMBINED PUBLIC UTILITY; # (23) PROVIDING FOR THE TERMS AND OTHER DETAILS OF SUCH BONOO; #24 APPOINTING A PAYING AGENT AND A REGISTRAR FOR SAID BONOO; #25 APPROVING THE FORK OF AND AUTHORIZING THE EXECUTION AND #26 DELIVERY OF AN OFFICIAL STATEMENT AND ~, CONFIRMING #27 AND RATIFYING THE PRIOR USE BY TIlE UNDERWRITERS OF THE PRE- #28 LIMINARY OFFICIAL STATEMENT: ~PROVING THE FORK OF AND #29 AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURaJASE #(29) AGREEMENT 'r.O EFFECT THE NEGOTIATED SAIE OF THE BONa;; ~ #30,3 VIDING THAT THE PAYMENT OF Sc:HEroIED PRINCIPAL AND INTEREST # (31) ON THE BONIE BE GUARANTEED BY A BOND INSURANCE POLICY TO BE #32 ISSUED BY ~BAC INDEMNITY CORPORATION: ~l1l'HORIZING PROPER #33,3- OFFICIALS OF THE CITY TO DO ALL CYl'HER THINGS DEEMED ~CES- #35 SARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE, SAIE AND #(35) DELIVERY OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE_ #36 WHEREAS, the City commission (the "Commission") of the City #39 of Delray Beach, Florida (the "City"), did on June 28, 1988, adopt #40 Resolution No. 36-88, ~s amended, restated and supplemented by #41 Resolution No. 39-88, ~dopted by the Commission on July 12, 1988, ~s #42,4 further amended and supplemented by Resolution No. 46-88, ~dopted by #44 the Commission on August 18, 1988 {collectively called the "Original #45 Resolution"); and #(45) =.1- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) WHEREAS, the original Resolution did authorize the issuance #46,4' of the City's Water ~nd Sewer Refunding Revenue Bonds, Series 1988, #48 in the aggregate principal amount Qf not exceeding $30,000,000~ and #49 WHEREAS, the city did, on September 15, 1988, issue #50 $25,135,000 of such ~onds (the "1988 Bonds"); and #51 WHEREAS, the Original Resolution provides the conditions #52 which must be met Qy the city to issue additional pari passu bonds on #53 parity with the 1988 Bonds; and #(53) WHEREAS, the Commission did, on April 24, 1990, adopt #54 Resolution No. 46-90 {the "Series A Resolution") authorizing the #55 issuance of not exceeding ~8,000,000 in aggregate principal amount of #56 Water and Sewer Revenue Bonds to be issued on parity with the 1988 #57 Bonds and issued to finance the cost of ~ertain additions, extensions #58 and improvements to the city's Combined Public utility; and #(58) WHEREAS, the City is desirous of issuing $8,000,000 of such #59 Bonds gursuant to the terms and provisions of the Original Resolution #60 and the Series A Resolution (herein called the "Series 1991 A #61 Bonds"); and #(61) ~HEREAS , the Commission did, on October 23, 1990, adopt #62 Resolution No. 104-90 {the "Series B Resolution") authorizing the #63 issuance of not exceeding $50,000,000 in aggregate principal amount #64 of Water and Sewer Revenue Bonds ~o be issued on parity with the 1988 #65 Bonds and the Series 1991 A Bonds ~nd issued to finance certain #66 additions, extensions and improvements ~o the city's Combined Public #67 utility; and #(67: =.2- #10 94348.28.2788.07:1 Res. No. 29-91 #(10; . WHEREAS, the city is desirous of issuing $ of #68 such Bonds ~ursuant to the terms and provisions of the Original #69 Resolution ~nd the Series B Resolution (herein called the "Series #70 1991 B Bonds"); and #(70) WHEREAS, the Series 1991 A Bonds and Series 1991 B Bonds #71 are collectively !:.eferred to herein as the "1991 Bonds"; and #72 WHEREAS, the Series A Resolution and the Series B #73 Resolution are collectively !:.eferred to herein as the "1991 Series #74 Resolutions"; and #(74) WHEREAS, the 1991 Series Resolutions provide that certain #75 details of the 1991 Bonds and ~ertain other provisions of the 1991 #76 Series Resolutions shall be determined by ~ubsequent proceedings of #77 the city, which shall be deemed to be supplemental to the original #78 Resolution and the 1991 Series Resolutions; and #(78) WHEREAS, the city has determined the details of the 1991 #79 Bonds; and #(79) WHEREAS, there have been prepared with respect to the issu- #80 ance and sale of the 1991 Bonds and submitted to the Commission forms #81 of: # (81) ia) a Preliminary Official Statement, dated #83 April 9, 1991 (the "Preliminary Official Statement"), #(83) attached hereto as Exhibit A; #(83) {b) a draft Official Statement, dated April 16, #85 1991 (the "Official Statement"), ~ttached hereto as #86 Exhibit B. # (86) =.3- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) . Ic) a Bond Purchase Agreement, attached hereto #88 as Exhibit C; and #(88) WHEREAS, the city's financial advisor has recommended the #90 negotiated ~ale of the 1991 Bonds in a letter attached hereto as #91 Exhibit D; and # (91) WHEREAS, based on the advice of the City's financial advi- #92 sor, it is in the best interest of the City to accept the Bond #93 Purchase Agreement ~nd to award the 1991 Bonds to the Underwriters #94 (as hereinafter defined) ; and #(94) }iHEREAS, the City's financial advisor has recommended in a #95 letter, attached hereto as Exhibit 0, that the ~rincipal and interest #96 on the 1991 Bonds be insured by a municipal bond insurance policy #(96) (the "Bond Insurance Policy") issued by ~BAC Indemnity Corporation #97 (" AMBAC") ; and #(97) WHEREAS , pursuant to Section 218.385(4), of the Florida #98 Statutes, an authorized ~epresentative of the Underwriters (as here- #99 inafter defined) has delivered to the Commission a disclosure state- #100 ment attached hereto as Exhibit E; and #(100 }iHEREAS , as a condition of obtaining the Bond Insurance #101 POlicy, it is necessary to amend and supplement certain grovisions of #102, the Original Resolution and the 1991 Series Resolutions; #(103 NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF #104 THE CITY OF DELRAY BEACH, FLORIDA, AS FOLlDWS: #(104 SECTION 1. Definitions. That any term not otherwise #106 defined in this Resolution ~hall have the meaning ascribed to such #107 =.4- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) . term in the Original Resolution Qr the 1991 Series Resolutions, as #108 the case may be, ~nless the context clearly indicates otherwise. #109 SECTION 2. Purpose and Bond Designation. That the City #111 hereby determines (i) to issue $8,000,000 aggregate principal amount #(111) of its ~eries 1991 A Bonds and $ in aggregate principal #112 amount of its series 1991 B Bonds, for the purpose of ia) financing # 113 the costs of the Projects described in the 1991 Series Resolutions, #(113) ib) providing for the payment of the premium for the ~nd Insurance #114,~ Policy, Ic) repaying the City's outstanding Water and Sewer Revenue #116 Bond Anticipation Note, Series 1990A, id) paying the costs Qf issu- #117,: ance of the 1991 Bonds; ~nd ( ii) to designate such Bonds as its #120 "Water and Sewer Revenue Bonds, ~eries 1991 A," and "Water and Sewer #121 Revenue Bonds, Series 1991 B" {collectively referred to herein as the #122 "1991 Bonds"). #(122; SECTION 3. Bond Terms. That the 1991 Bonds shall be in #124 registered form, shall be in denominations of ~5,000 or in any inte- #125 gral multiple thereof, shall be dated, and shall bear interest from, #(125 April 1 , 1991, ~xcept that subsequently issued Bonds shall hear #126, interest in the manner provided in the 1991 Series Resolutions, ~hall #128 be numbered in the manner as may be prescribed by the Registrar ( as # ( 12 8 herein defined), ~hall bear interest payable on October 1, 1991, #129, semiannually thereafter Qn the first day of April and October of each #131 year, shall bear interest at the rates per annum and maturing Qn #132 October 1, in the years and amounts as follows: #133 =5- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) . ~ERIES 1991 A BONDS #136 year Amount Interest Year Amount Interest #138,1 1.991 $ 9- 1999 $ % #142 0 1992 2000 #143 1993 2001 #144 1994 2002 #145 1.995 2003 #146 1996 2004 #147 1997 2006 #148 1.998 2011 #149 ~ERIES 1991 B BONDS #152 year Amount Interest Year Amount Interest #155,_ 1991 $ % 1999 $ 9- #159 0 1992 2000 #160 1993 2001 #161 1994 2002 #162 1995 2003 #163 1996 2004 #164 1997 2006 #165 1.998 2011 #166 SECTION 4. Redemption Provisions. That the 1991 Bonds #169 maturing in the years 1991 to 2001, both inclusive, are not redeem- #170 able prior to their stated dates of maturity. TPe 1991 Bonds matur- #171 ing on October 1, 2002, and thereafter, are ~edeemable prior to their #172 stated dates of maturity, at the option of the City, from any funds #173 available for such purpose (i) in part, in inverse order of maturi- #174 ties, and by lot within a maturity, if less than a full maturity, on #175 October 1, 2001, or on any interest payment gate thereafter, and #176 (ii) as a whole at any time on or after October 1, 2001, ~t the #177 redemption prices set forth below {expressed as percentages of the #178 principal ~mount of the Bonds to be redeemed), together with accrued #179 -6- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) . interest ~o the date fixed for redemption, if redeemed prior to #180 maturity in the following Qeriods: #181 reriod Ending #184 (Both Dates Inclusive) Redemption Price #185 Qctober 1, 2001 to September 30, 2002 102% #188 Qctober 1, 2002 to September 30, 2003 101% #189 Qctober 1, 2003 and thereafter 100% #190 Notice of redemption of the 1991 Bonds shall be mailed, #195 l2.ostage prepaid, by the Registrar not less than thirty (30 ) days #196 gefore the date fixed for redemption to the registered owners of any #197 ~991 Bonds or portions of 1991 Bonds which are to be redeemed, at #198 their ~ddresses as they appear fifteen (15) days prior to the date #199 such notice is mailed on the registration books kept by the #200 Registrar. #(200 The Registrar also shall mail (by certified mail, return #201 receipt requested) a copy of such notice for receipt not less than #202 thirty-two (32) days before such redemption date to the following: #(202 The Depository Trust Company, 711 Stewart Avenue, Garden City, New #203 York 11530; Midwest Securities Trust Company, Capital Structures - #204 Call Notification, ~40 South LaSalle street, Chicago, Illinois 60605; #205 ~hiladelphia Depository Trust Company, Reorganization Division, 1900 #206, Market street, Philadelphia, Pennsylvania 19103; Attention: Bond # ( 207 Department; l2.rovided, however, that such mailing shall not be a con- #208 dition precedent to such redemption and failure so to mail any such #209 notice shall not affect the validity of any proceedings for the #210 =.7- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) redemption of Bonds. The Registrar shall also provide notice at the #211 same time notice of redemption is given to the Bondholders to Kenny #212,2 Information Systems Notification Service, 65 Broadway, 16th Floor, #(213) !iew York, New York 10006; and Standard & Poor's Called Bond Record, #214 ~5 Broadway, New York, New York 10004; grovided, however, that ~uch #215,2 mailing shall not be a condition precedent to such redemption and #(217) failure to mail any such notice shall not affect the validity of any #218 groceedings for the redemption of Bonds. #219 A second notice of redemption shall be given sixty (60) #220 days after the redemption date in the manner required above to the #221 registered owners Qf redeemed Bonds which have not been presented for #222 payment within ~hirty (30) days after the redemption date. #223 ~uch notice of redemption shall set forth (i) the date #224 fixed for redemption, Iii) the redemption price to be paid, (iii) #225 that such 1991 Bonds will be ~edeemed at the principal corporate #226 trust office of the Paying Agent {as herein defined), and the name, #227 address and telephone number of a contact person, {iv) if less than #228 all of the 1991 Bonds shall be called for ~edemption, the distinctive #229 numbers, letters and CUSIP identification numbers, if any, of such # (229 1991 !;!onds to be redeemed, ( v) in the case of 1991 Bonds to be #230 redeemed in part Qnly, the portion of the principal amount thereof to #231 be redeemed, ~nd (vi) any other information the city or the Registrar #232 deems relevant. In case ~ny 1991 Bond is to be redeemed in part #233 only, the notice of redemption that relates to such 1991 Bond shall #234 state also that on or after the redemption ~ate, upon surrender of #235 =.8- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) such 1991 Bond, a new 1991 Bond or Bonds ~f the same maturity, #236 bearing interest at the same rate and in aggregate principal ~mount #237 equal to the unredeemed portion of such 1991 Bond, will be issued. #(237) Eailure of the registered owner of any 1991 Bonds which are to be #238 redeemed to receive ~ny such notice shall not effect the validity of #239 the proceedings for the Kedemption of 1991 Bonds for which proper #240 notice has been given. Interest ~ha1l cease to accrue on any of the #241 1991 Bonds duly called for prior Kedemption if payment of the redemp- #242 tion price has been duly made or provided Kor. #243 SECTION 5. paying Agent. That the Commission hereby #245 appoints Barnett Banks Trust Company, N.A., having its principal cor- #246 porate trust office in Jacksonville, Florida, ~s paying agent (the #247 "Paying Agent") for the 1991 Bonds. ~ the acceptance of such #248 appointment, Barnett Banks Trust Company, N.A., ~grees to comply with #249 the terms and provisions of the Original Resolution, the 1991 Series #250 Resolutions and the Bond Insurance Policy applicable to the Paying #(250 Agent. #(250 ~ECTION 6. Registrar. That the Commission hereby #252 appoints Barnett Banks Trust Company, N.A., having its principal cor- #253 porate trust office in Jacksonville, Florida, ~s registrar (the #254 "Registrar" ) for the Bonds. ~ the acceptance of such appointment, #255 Barnett Banks Trust Company, N.A., ~grees to comply with the terms #256 and provisions of the Original Resolution, the 1991 Series #257 Resolutions and the Bond Insurance Policy applicable to the #(257 Registrar. #(257 =.9- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) the Bond Insurance Policy and Surety Bond. #258 SECTION 7. Application of Bond Proceeds. T hat a I I #260 moneys received by the City from the sale of the 1991 Bonds shall ge #261 disbursed as provided in Section 5 of the 1991 Series Resolutions, #(261 gxcept as provided below: #262 The city will transfer a portion of the net proceeds of the #263 Series 1991 A Bonds in the amount of $ to the Debt #264 Service Fund created and established under Resolution No. 108-90 for #265 transfer to Sun Bank/South Florida, National Association {the #266 "Bank"), representing complete repayment of the Water and Sewer #(266 Revenue Bond Anticipation Note, Series 1990A, held by the Bank. #267 SECTION 8. Preliminary and Final Official Statement. #269 That the execution of the Official Statement of the City, to be dated #(269 the date of this Resolution {unless otherwise determined by the #270 Commission) , ~elating to the 1991 Bonds, in substantially the form #271 ~ttached hereto as Exhibit B, with such changes as are necessary to #272 conform to the details Qf the 1991 Bonds and the requirements of the #273 Bond Purchase Agreement, is hereby approved. The Commission hereby #274 authorizes the execution of the Official Statement, ~nd the #275 Commission hereby authorizes the Qfficial Statement ~nd the informa- #276, tion contained therein to be used by the Underwriters (as hereinafter #(27' defined) in connection with the offering and sale of the 1991 Bonds. #278 The Commission hereby ratifies, approves and consents to the use by #280 the Underwriters (as hereinafter defined) of the Ereliminary Official #281 Statement (attached hereto as Exhibit A) in connection with the #(28 =10- #10 94348.28.2788.07:1 Res. No. 29-91 #(10 public offering of the 1991 Bonds. The Official statement may be #282 modified in a manner not inconsistent with the ~ubstance thereof as #283 shall be deemed advisable by the Commission ~nd by Bond Counsel to #284 the city. The Mayor and the City Manager are hereby ~uthorized and #285,2 directed to sign the Official statement and any ~mendment or supple- #287 ment thereto, in the name of and on behalf Qf the City and deliver #288 the same and any such amendment or ~upplement to the Underwriters. #289 SECTION 9. Negotiated Sale. That the Commission hereby #291 adopts the recommendations Qf the city's financial advisor, as #292 described in a letter from the City's financial advisor, dated the #293 date of this Resolution ~nd attached hereto as Exhibit D. 'l',he city #294,: hereby finds, based on the reasons set forth in such letter, that it #296 would be in the best interest of the City that the 1991 Bonds be sold #297 on a negotiated basis. #(297: ~CTION 10. Award of the 1991 Bonds. That the Bond #299 Purchase Agreement (attached hereto as Exhibit C) for the 1991 Bonds, #(299 dated the date of this Resolution, getween the City and ~rnith Barney, #300, Harris Upham & Co. Incorporated (the "Representative"), ~cting on #302 behalf of themselves and Smith Mitchell & Associates, Inc. , ~ear #303 stearns & Co., Inc. , and Southeastern capital Group, Inc. , ~cting as #304 the underwriters for the 1991 Bonds {collectively referred to herein #305 as the "Underwriters"), as ~ubmitted to this meeting, ge and the same #306, is hereby approved and accepted. #(307 Q.ECTION 11. Bond Purchase Agreement. That in accordance #309 with the terms of the Bond Purchase Agreement, the 1991 Bonds are #(309 =.11- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) hereby sold to the Underwriters at a purchase price ~f $ , #310 representing original issue discount of $ ~nd #311 Underwriters' discount of $ , plus accrued interest on the #(311) 1991 Bonds from April 1, 1991, to the date of payment and delivery #312 therefor, on the terms and conditions ~et forth in the Bond Purchase #313 Agreement, and the Mayor, or, in his absence, the Vice-Mayor of the #(313) city, ~ach is hereby authorized and directed to execute the Bond #314,: Purchase Agreement and any amendment or supplement thereto, in the #316 name of and on behalf of the city, and deliver the same and ~ny such #317 amendment or supplement to the underwriters, and the City Clerk or #(317; Assistant City Clerk is hereby authorized and directed to affix the #318 seal of the City and attest the same, if so required by the terms #(318 thereof. # (318: SECTION 12. Bond Insurance Policy. That, based on the #320 recommendations of the City's Financial Advisor, set forth in a #321 letter attached hereto as ~xhibit 0, the Commission finds that #322 obtaining the Bond Insurance ~olicy from AMBAC is in the best inter- #323 ests of the City, ~nd the Commission hereby directs that the premium #324 due on the Bond ~nsurance Policy be paid in accordance with the terms #325, thereof. #(326 SECTION 13. Disclosure Statement. That the City does #328 hereby find that the Representative on behalf of the Underwriters has #(328 submitted the disclosure statement required by Section 218.385(4), #329 Florida Statutes, ~ copy of which is attached hereto as Exhibit "E". #330 ::.12- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) SECTION 14. Amendments to Original Resolution. #332 ~. That the second paragraph of Part I I Article III, #334 section 4.D.4 of the Original Resolution is hereby amended by delet- #335 ing such second paragraph thereof and substituting therefor the fol- #336 lowing text: #(336) Notwithstanding the foregoing provisions, in lieu of #338 the deposits Qf Net Revenues into the Debt service Reserve #339 Account Qr a deposit from Bond proceeds, the City may cause #340,::: to be deposited into the Debt Service Reserve Account ~ #342 surety bond, an unconditional direct pay letter of credit #(342) issued by a bank, ~ reserve account line of credit or a #343 municipal bond insurance policy issued by a reputable and #344 recognized municipal bond insurer for the benefit of the #345 Bondholders (sometimes referred to herein as ~ "Reserve #346 Account Credit Facility Substitute") in an amount ~qual to #347 the difference between the Debt Service Reserve Requirement #(347; ~nd the sums then on deposit in the Debt Service Reserve #348 Account, ~hich Reserve Account Credit Facility Substitute #349 shall be payable {upon the giving of notice as required #350 thereunder) on any Interest Payment Date on which a defi- #351 ciency exists ~hich cannot be cured by funds in any other #352 account held pursuant to this Resolution and available for #353 such purpose under the terms ~nd order of priority as #354 established by this Resolution. In addition, the City, at #355 any time by subsequent proceedings of the city Commission, #(355 may substitute a Reserve Account Credit Facility Substitute #356 for all moneys Qn deposit in the Debt Revenue Reserve #357 Account. ~nder such circumstances, the Reserve Account #358 Credit Facility Substitute ~hall be in an amount equal to #359 the Debt Service Reserve Requirement. ~uch municipal bond #360 insurer or bank in the case of a letter of credit Qr line #361 of credit shall be one whose municipal bond insurance poli- #(361 cies Qr unconditional direct pay letters of credit or other #362 type of credit ~nhancement insuring or guaranteeing the #363 payment, when due, Qf the principal of and interest on #364 municipal bond issues results in ~uch issues being rated in #365 the highest rating category by S&P and Moody's. If a dis- #366 bursement is made from a Reserve Account Credit Facility #(366 Substitute, Qrovided pursuant to this paragraph, the City #367 shall be obligated to ~einstate the maximum limits of such #368 Reserve Account Credit Facility ~ubstitute immediately #369 =.13- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) following such disbursement or ~ith the consent of the #370 issuer of the Reserve Account Qredit Facility Substitute, #371 to replace such Reserve Account credit Facility Substitute #372 Qy depositing into the Debt Service Reserve Account from #373 the Net Revenues ~nd the Pledged Impact Charges, if any are #374 so pledged, as herein provided, funds in the maximum amount #375 originally payable under such Reserve Account Credit #376 Facility Substitute, or any combination of such #(376) alternatives. In the event the Debt Service Reserve #377 Account is funded, Q.oth with cash (including Permitted #378 Investments of such cash) ~nd a Reserve Account Credit #379 Facility Substitute in the aforementioned manner, ~nd it is #380 necessary to make payments into the Interest Account, #(380) ~rincipal Account or Bond Redemption Account in the Sinking #381 Fund ~hen moneys in the Revenue Fund and the Pledged Impact #382 Charge Fund, :1;.0 the extent Pledged Impact Charges have been #383 pledged, are insufficient therefor, :1;.he City covenants to #384 deposit the cash (including Permitted Investments Qf such #385 cash) on deposit in the Debt Service Reserve Account into #386 such accounts in the Sinking Fund prior to any disburse- # (386) ments :made from the Reserve Account Credit Facility #387 Substitute. #(387; B. That subparagraph ( 3 ) of Part I, Article III, Section #389 4.G of the Qriginal Resolution is hereby amended by deleting such #390 subparagraph (3 ) thereof ~nd substituting therefor the following #391 text: #(391' 13 ) In the event any pari passu additional Bonds are #393 issued for the purpose of r.efunding any Bonds then #394 outstanding, the condition of (2) above shall not apply, #(394 grovided that the issuance of such pari passu additional #395 Bonds shall result in ~ reduction or shall not increase the #396 annual debt service payments Qver the life of the Bonds so #397 refunded and such refunding will achieve present value #(397 savings. #(397 C. The following paragraph of Part I, Article III, Section #399 4.G of the Qriginal Resolution is hereby deleted in its entirety: #400 ror the purpose of this Section 4. G, the phrase #402 "twelve (12) consecutive months Qf the eighteen (18) months #403 immediately preceding the issuance of said ~ari passu #404 -14- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) additional Bonds" shall be sometimes referred to as ~twelve #405 (12) consecutive months." #(405) SECTION 15_ Amendments to Series A Resolution. That #408 the second paragraph of Article III, Section 6.0.4 Qf the Series A #409 Resolution, is hereby amended by deleting such ~econd paragraph #410 thereof and substituting thereof the following text: #(410) Notwithstanding the foregoing provisions, in lieu of #412 the deposits Qf Net Revenues into the Debt Service Reserve #413 Account Qr a deposit from Bond proceeds, the city may cause #414, , to be deposited into the Debt Service Reserve Account ~ #416 surety bond, an unconditional direct pay letter of credit #(416 issued by a bank, ~ reserve account line of credit or a #417 municipal bond insurance policy issued by a reputable and #418 recognized municipal bond insurer for the benefit of the #419 Bondholders (sometimes referred to herein as ~ "Reserve #420 Account credit Facility SUbstitute") in an amount ~qual to #421 the difference between the Debt Service Reserve Requirement #(421 ~nd the sums then on deposit in the Debt Service Reserve #422 Account, ~hich Reserve Account Credit Facility Substitute #423 shall be payable {upon the giving of notice as required #424 thereunder) on any Interest Payment Date on which a defi- #425 ciency exists ~hich cannot be cured by funds in any other #426 account held pursuant to this Resolution and available for #427 such purpose under the terms ~nd order of priority as #428 established by this Resolution. In addition, the City, at #429 any time by subsequent proceedings of the City Commission, #(429 may substitute a Reserve Account Credit Facility Substitute #430 for all moneys Qn deposit in the Debt Revenue Reserve #431 Account. ~nder such circumstances, the Reserve Account #432 Credit Facility Substitute ~hall be in an amount equal to #433 the Debt Service Reserve Requirement. ~uch municipal bond #434 insurer or bank in the case of a letter of credit Qr line #435 of credit shall be one whose municipal bond insurance poli- #(435 cies Qr unconditional direct pay letters of credit or other #436 type of credit ~nhancement insuring or guaranteeing the #437 payment, when due, Qf the principal of and interest on #438 municipal bond issues results in ~uch issues being rated in #439 the highest rating category by S&P and Moody's. If a dis- #440 bursement is made from a Reserve Account Credit Facility #(44C Substitute, grovided pursuant to this paragraph, the City #441 shall be obligated to Keinstate the maximum limits of such #442 Reserve Account Credit Facility ~ubstitute immediately #443 following such disbursement or ~ith the consent of the #444 =.15- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) issuer of the Reserve Account ~redit Facility Substitute, #445 to replace such Reserve Account Credit Facility Substitute #446 Qy depositing into the Debt Service Reserve Account from #447 the Net Revenues ~nd the Pledged Impact Charges, if any are #448 so pledged, as herein provided, funds in the maximum amount #449 originally payable under such Reserve Account Credit #450 Facility Substitute, or any combination of such #(450) alternatives. In the event the Debt Service Reserve #451 Account is funded, Q.oth with cash (including Permitted #452 Investments of such cash) ~nd a Reserve Account Credit #453 Facility Substitute in the aforementioned manner, ~nd it is #454 necessary to make payments into the Interest Account, #(454) ~rincipal Account or Bond Redemption Account in the Sinking #455 Fund ~hen moneys in the Revenue Fund and the Pledged Impact #456 Charge Fund, to the extent Pledged Impact Charges have been #457 pledged, are insufficient therefor, the City covenants to #458 deposit the cash (including Permitted Investments ~f such #459 cash) on deposit in the Debt Service Reserve Account into #460 such accounts in the Sinking Fund prior to any disburse- #(460) ments m.ade from the Reserve Account Credit Facility #461 Substitute. #(461', SECTION 16. Amendments to 1991 B Resolution. That the #464 second paragraph of Articl. III, section 6.D.4 ~f the Series B #465 Resolution is hereby amended by deleting such ~econd paragraph #466 thereof and substituting thereof the following text: #(466 Notwithstanding the foregoing provisions, in lieu of #468 the deposits ~f Net Revenues into the Debt Service Reserve #469 Account ~r a deposit from Bond proceeds, the city may cause #470, to be deposited into the Debt Service Reserve Account ~ #472 surety bond, an unconditional direct pay letter of credit #(472 issued by a bank, ~ reserve account line of credit or a #473 municipal bond insurance policy issued by a reputable and #474 recognized municipal bond insurer for the benefit of the #475 Bondholders (sometimes referred to herein as ~ "Reserve #476 Account Credit Facility Substitute") in an amount ~qual to #477 the difference between the Debt service Reserve Requirement #(477 ~nd the sums then on deposit in the Debt Service Reserve #478 Account, ~hich Reserve Account Credit Facility Substitute #479 shall be payable {upon the giving of notice as required #480 thereunder) on any Interest Payment Date on which a defi- #481 ciency exists ~hich cannot be cured by funds in any other #482 account held pursuant to this Resolution and available for #483 such purpose under the terms ~nd order of priority as #484 ::16- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) established by this Resolution. In addition, the city, at #485 any time by subsequent proceedings of the City Commission, #(485) may substitute a Reserve Account Credit Facility Substitute #486 for all moneys Qn deposit in the Debt Revenue Reserve #487 Account. ~nder such circumstances, the Reserve Account #488 Credit Facility Substitute ~hall be in an amount equal to #489 the Debt Service Reserve Requirement. ~uch municipal bond #490 insurer or bank in the case of a letter of credit Qr line #491 of credit shall be one whose municipal bond insurance poli- #(491) cies Qr unconditional direct pay letters of credit or other #492 type of credit ~nhancement insuring or guaranteeing the #493 payment, when due, Qf the principal of and interest on #494 municipal bond issues results in ~uch issues being rated in #495 the highest rating category by S&P and Moody's. If a dis- #496 bursement is made from a Reserve Account Credit Facility #(496 Substitute, grovided pursuant to this paragraph, the City #497 shall be obligated to Keinstate the maximum limits of such #498 Reserve Account Credit Facility ~ubstitute immediately fol- #499 lowing such disbursement or ~ith the consent of the issuer #500 of the Reserve Account Qredit Facility Substitute, to #501,' replace such Reserve Account Credit Facility Substitute Qy #503 depositing into the Debt Service Reserve Account from the #(503 Net Revenues ~nd the Pledged Impact Charges, if any are so #504 pledged, as herein provided, funds in the maximum amount #505 originally payable under such Reserve Account Credit #506 Facility Substitute, or any combination of such #(506 alternatives. In the event the Debt Service Reserve #507 Account is funded, ~oth with cash (including Permitted #508 Investments of such cash) ~nd a Reserve Account Credit #509 Facility Substitute in the aforementioned manner, ~nd it is #510 necessary to make payments into the Interest Account, #(510 Erincipal Account or Bond Redemption Account in the Sinking #511 Fund ~hen moneys in the Revenue Fund and the Pledged Impact #512 Charge Fund, to the extent Pledged Impact Charges have been #513 pledged, are insufficient therefor, the city covenants to #514 deposit the cash (including Permitted Investments Qf such #515 cash) on deposit in the Debt Service Reserve Account into #516 such accounts in the Sinking Fund prior to any disburse- #(516 ments made from the Reserve Account Credit Facility #517 Substitute. #(517 ~. The third paragraph of Section 1, Article IV of the #519 1991 B Resolution is hereby amended by deleting such third paragraph #520 thereof ~nd substituting therefore the following text: #521 =17- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) Eor purposes of this section 1 of Article IV, to the #523 extent the Bonds ~re insured by a Bond Insurance Policy and #524 such Bonds are then rated in as high a rating category in #525 which such Bonds were rated ~t the time of initial issuance #526 and delivery thereof, by the Rating Agency Qr Agencies, #527 then the consent of the Bond Insurer shall constitute the #528 consent of the Holders of the Bonds under the terms and #(528) conditions ~uch Bond Insurance is provided: Qrovided, how- #529,: ever, that such Bond Insurer is not in default ~nder the #531 Bond Insurance Policy. #(531) SECTION 17. Payment Procedures of Municipal Bond Insurance "# 5 34 Policy. As long as the Bond Insurance Policy shall be in full force #(534) and effect, t.he City, the Registrar and the Paying Agent agree to #535 comply with the following provisions: # (535: la) At least five (5) days prior to all Interest #537 Payment Dates, the City and the Paying Agent ~ill #538 determine whether there will be sufficient funds, in #(538 the funds and accounts ~reated and established under #539 the original Resolution ~nd continued and maintained #540 under the 1991 series Resolutions, ~nd available to #541 pay debt service on the 1991 Bonds Iherein, the "Funds #542 and Accounts"), to pay the principal of or interest on #(542 the 1991 Bonds on such Interest Payment Date. If the #543, city or the Paying Agent determines that there will be #(544 insufficient funds in such Funds or Accounts, the City #545 or the Paying Agent shall so notify AMBAC. ~uch #546 notice shall specify the amount of the anticipated #(546 deficiency, the 1991 Bonds to which such deficiency is #547 applicable ~nd whether such 1991 Bonds will be #548 =.18- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) deficient as to principal or interest, or both. If #549 the City or the Paying Agent has not so notified AMBAC #(549) five (5) days prior to ~n Interest Payment Date, AMBAC #550 will make payments of principal or interest due Qn the #551 1991 Bonds on or before the fifth (5th) day next fol- #(551) lowing the date on which AMBAC shall have received #552 notice of nonpayment from the City or the Paying #(552~ Agent. #(552; {b) The Registrar shall, after notice to AMBAC #554 as provided in (a) above has been given, make avail- #555 able to AMBAC and, at AMBAC's direction, to the united #(555 states Trust Company Qf New York, as insurance trustee #556 for AMBAC, or any successor insurance trustee {the #557 "Insurance Trustee"), the registration books of the #(557 City maintained by the Registrar, and all records #558 relating to the funds and Accounts maintained under #559 the Original Resolution ~nd the 1991 Series #560 Resolutions. #(560 {c) The paying Agent shall provide AMBAC and the #562 Insurance Trustee with ~ list of registered owners of #563 the 1991 Bonds entitled to receive principal or inter- #(563 est gayments from AMBAC under the terms of the Bond #564 Insurance POlicy, ~nd shall make arrangements with the #565 Insurance Trustee {i) to mail checks or drafts to the #566 registered owners of the 1991 Bonds ~ntitled to #567 =.19- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) . receive full or partial interest payments from AMBAC, #(567) ~nd (ii) to pay principal upon the 1991 Bonds surren- #568 dered to the Insurance Trustee gy the registered #569 owners of the 1991 Bonds entitled to receive full or #(569) gartial principal payments from AMBAC. #570 Id) The Paying Agent shall, at the time notice #572 to AMBAC pursuant to Ia) above has been provided, #573 notify registered owners of the 1991 Bonds entitled to #(573) receive ~he payment of principal or interest thereon #574 from AMBAC Ii) as to the fact of such entitlement, #575 Iii) that AMBAC will remit to them all or a part of #576 the interest payments next coming due upon proof of #577 Bondholder entitlement to interest payments ~nd deliv- #578 ery to the Insurance Trustee, in form satisfactory to #(578; ~he Insurance Trustee, of an appropriate assignment of #579 the registered owner's right ~o payment, Iiii) that #580,: should they be entitled to receive full payment of #(581 principal from AMBAC, they must surrender their 1991 #582 Bonds lalong with an appropriate instrument of assign- #583 ment in form satisfactory ~o the Insurance Trustee to #584 permit ownership of such 1991 Bonds ~o be registered #585 in the name of AMBAC) for payment to the Insurance #586 Trustee and not the city or the Paying Agent, ~nd #587 (iv) that should they be entitled to receive partial #(587 payment of principal from AMBAC, they must surrender #588 =.20- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) - their 1991 Bonds for payment thereon, first, to the #589 Paying Agent who shall note on such 1991 Bonds ~he #590 portion of the principal paid by the city or the #(590) Paying Agent, and then, ~long with an appropriate #591 instrument of assignment in form satisfactory ~o the #592 Insurance Trustee, to the Insurance Trustee, which #(592) will then gay the unpaid portion of principal. #593 Ie) In the event that the city or the Paying #595 Agent has notice that any payment of principal of ~r #596 interest on a 1991 Bond, which has become Due for # (596; Payment las such term is defined in the Bond Insurance #597 Policy) and which is made ~o a Bondholder by or on #598 behalf of the City, has been deemed a preferential #(598 transfer ~nd theretofore recovered from its registered #599 owner pursuant to the ~nited states Bankruptcy Code by #600 a trustee in bankruptcy in accordance ~ith the final, #601 nonappealable order of a court having competent juris- #(601 diction, ~he Paying Agent shall, at the time AMBAC is #602 notified pursuant to (a) above, notify all registered #603 owners that in the event that any registered owner's #(603 gayment is so recovered, such registered owner will be #604 entitled to payment from AMBAC to the extent of such #605 recovery if sufficient funds are not ~therwise #606 available, and the Paying Agent shall furnish to AMBAC #(60f its records evidencing the payments of principal of #607 =.21- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) . and interest on the 1991 Bonds ~hich have been made by #608 the Paying Agent and subsequently recovered from ~eg- #609 istered owners and the dates on which such payments #(609) were made. #(609) if) In addition to those rights granted AMBAC #611 under this Resolution and the 1991 Series Resolutions, # (611) ~BAC shall, to the extent it makes payment of princi- #612 pal of or interest on ~he 1991 Bonds, become subro- #613 gated to the rights of the recipients ~f such payments #614 in accordance with the terms of the Bond Insurance #(614; Policy, ~nd to evidence such subrogation (i) in the #615 case of subrogation as to claims for past due inter- #616 est, the Registrar shall note AMBAC's rights ~s sub- #617 rogee on the registration books of the City maintained #(617: by the Registrar upon receipt from AMBAC of proof of #618 the payment of interest thereon ~o the registered #619 owners of the 1991 Bonds, ~nd ( ii) in the case of sub- #620 rogation as to claims for past due principal, t.he #621 Registrar shall note AMBAC's rights as subrogee on the #(621 registration books ~f the City maintained by the #622 Registrar upon surrender of the 1991 Bonds by the reg- #623 istered owners thereof, together with proof of the #(623 payment of principal thereon. #(623 SECTION 18. Further Authorizations. That the Mayor, the #625 Vice-Mayor, the City Manager, the Finance Director, the City #626 =.22- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) . . Attorney, ~nd any other proper official ~f the City, be and each of #627,E them is hereby authorized and directed ~o execute and deliver any and #629 all documents and instruments and to ~o and cause to be done any and #630 all acts and things necessary or proper for carrying out the transac- #631 tions contemplated by this Resolution. #(631) SECTION 19. Effective Date. That this Resolution shall #634 take effect immediately upon its passage. #(634) EASSED AND ADOPTED in special session on t.his the 16th day #635,E of April, 1991 #(636) QITY OF DELRAY BEACH, FLORIDA #639 f!y #641 ~ttest: Mayor #642 #644 Qity Clerk #645 =.23- #10 94348.28.2788.07:1 Res. No. 29-91 #(10) . * ?~(~ . - t.j lib . [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 310 S.L. 1st STREET, SUITE 4 . DELRAY BEACH, I-LORIUA 3341U 407/243-7090 . TELECOPIER 407/27S-4755 MEMORANDUM Date: April 9, 1991 To: David Harden, City Manager From: Susan A. Ruby, Assistant City Attorney Subject: July 4th Fireworks Presentation I received from Weiner, Golder and Associates, P.A. , a draft of a Guaranty to be executed by Dan Burns, a contract from Vitale Fireworks Display Company, Inc. and a proposal from Zamballi International Fireworks Manufacturing Company, Inc. The Guaranty states that in the event private citizens and entities do not contribute at least $25,000 to the city on or before July 5, 1991, then the difference will be paid by Dan Burns as Guarantor on or before July 25, 1991. Our office would recommend that the manner of affording a July 4, 1991 celebration be placed before the City Commission for resolution. The proposal by Dan Burns provides that he would enter into a Guaranty Agreement, but the City would be the party to enter into contracts for fireworks with either of the two companies mentioned above. The City Commission needs to determine if this method of providing a July 4th celebration is acceptable. In addition, I am forwarding to you copy of the contract and proposal for fireworks for your staff's review and assessment as to which company should be awarded the contract and so that if the City Commission decides that the City is to undertake the liabilities associated with entering into the fireworks agreement with one of the Fireworks Companies, the award of the ~ct may be made by the City Commission. SA : i( cc Michael Weiner, Esq. Mr. Dan Burns Sp I d- .. GUARANTY ~ CfP THIS GUARANTY made this _ day of <P' ' 1991, by DAN BURNS (the "Guarantor"), to and for the ~fit of THE CITY OF DELRAY BEACH, FLORIDA (the "CITY"). ~ WHEREAS, THE CITY intends on entering into a Contract for displaying fireworks at an event sponsored by the CITY on July 4, 1991 (the "Event"); WHEREAS, certain private citizens and entities desire to raise funds to support the Event; WHEREAS, the Guarantor is willing to guaranty that funds shall be raised to support the Event up to the amount of $25,000.00. NOW, THEREFORE, in consideration of the premises and to induce the CITY to carry out, sponsor and put on the Event, the Guarantor: 1- Unconditionally and absolutely guarantees in the event that private citizens and entities do not contribute at least the sum of Twenty-Five Thousand Dollars ($25,000.00) to the CITY on or before July 5, 1991, then the difference shall be paid by the Guarantor on or before July 25, 1991. 2. Agrees that this Guaranty shall inure to the benefit of and may be enforced by the CITY only and no other entity, successor or assign. 3 . Agrees that this Guaranty shall terminate upon receipt by . - .. . CITY in full of the sum of Twenty-Five Thousand Dollars ($25,000.00) from certain private citizens and entities or from Guarantor as or for a contribution to the financial support of the Event. 4. Agrees that this Guaranty is a guaranty of monies only and shall not be deemed a guaranty of the Event, including but not limited to, safety, performance, administration, crowd control, or any other aspect of the Event whatsoever. IN WITNESS WHEREOF, the Guarantor has caused this instrument to be executed as of the day and ~ first above written. # D~S ~f!( "Guarantor" - MEMORANDUM TO: DAVID HARDEN, CITY MANAGER DIRECTOR ~~~ FROM: WILLIAM H. GREENWOOD, ENVIRONMENTAL SERVICES DATE: APRIL 10, 1991 SUBJECT: VALUE ENGINEERING SUMMARY A summary of our Value Engineering procedures is as follows: 0 The purpose of value engineering is to provide an independent look at a project to determine if there are ways to reduce life cycle costs of the project (not just capital cost). 0 Although the VE process will generally lead to cost savings, there is a cost necessary to realize those savings. This cost includes the fee for the value engineer, and for the design engineer to assist during the VE study and to redesign the alternative approaches suggested by the VE team and accepted by the City. In this project costs have included: VE Consultant $20,000 (I believe) Design Engineer 9,950 Assistance Design changes 19,600 to 29,600 Total VE Process $49,550 to 59,550 Construction $870,000 to 736,000 Cost Savings The ratio of cost savings to VE cost is 12:1 to 17:1. 0 Suggestions made by the VE team are not to be construed as designer errors, but simply an alternative approach or second opinion which focuses on life cycle cost savings. Frequently these alternatives may sacrifice factors such as ease of operation, aesthetics, extra space for unidentified but inevitable future needs, extra capacity in process components for a factor of safety in plant operation, etc. 0 A VE study is always conducted on a project at some level of completion. i.e. , conceptual design, 30% completion, 70% completion, etc. Therefore any 5\=>/3 Page 2 suggestions made as to an alternative approach will mean that the design engineer may have to reengineer any work already underway. The City can save capital or life cycle costs by implementing suggestions, but should recognize that there is an associated cost of duplicated engineering. The cost of reengineering is usually only a small fraction of the benefit to the City, as is the case here. WGH:jaf WGVE04 I I MEMORANDUM ClfMHlll I TO: Bill Greenwood/City of Delray Beach COPIES: Greg McIntyre/CH2M HILL I FROM: Bob Bergman/CH2M HILL John Curtiss/CH2M HILL I DATE: April 10, 1991 I SUBJECT: Delray Beach Water Treatment Plant Improvements Value Engineering Results I PROJECT: SEF30787.B5.10 I The Value Engineering (VE) study was conducted by Edward J. Nichols and Associates, Inc. on the 30-percent complete design documents prepared by CH2M I HILL. The VE team's report, dated February 26, 1991, identified 29 potential modifications to the project. Eleven of the 29 were design suggestions that did not have estimated costs savings identified by the VE team and several would likely I increase costs to the City but had other potential benefits. CH2M HILL has provided support services during the VE process, exclusive of I design changes with a maximum $9,950 effort. A new service authorization has been forwarded under a separate cover for approval for this VE support. As part of this effort, City utility staff met with CH2M HILL on March 1, March 18, and April 8 to I discuss the VE suggestions and the City utility is recommending the implementation of 12 of the potential modifications (summarized in Table A). Furthermore, a few other modifications to the original project scope were added by the City to improve I operational reliability and facility aesthetics. These modifications result in an estimated potential capital cost savings of $736,000 to $870,000, or 11 to 13 percent of I the estimated construction cost, depending on the City's decision on whether to construct a new lime equipment building. I Additional design effort will be needed to realize the construction cost savings. This additional design effort was anticipated in Service Authorization No.5, where it was included as a supplementary service, and is estimated at $29,600 or $19,600, should I the City decide not to have a new lime building (see Table B). Upon final City approval of VE items to be accepted, we will prepare a separate service authorization (or a modification to Service Authorization No.5) to proceed with this work. I It is estimated that for each dollar spent on the VE study by Edward Nichols and Associates and CH2M HILL and additional design effort, the City will receive an I estimated project cost savings of about $12 or more. We request 4 additional weeks I dbt099/061.51 MEMORANDUM Page 2 April 10, 1991 SEF30787.B5.1O to the original contract schedule (which did not include the VE study) to complete the additional design services. Under such a schedule, the project would be ready to bid by August 19, 1991. It has resulted in $736,000 to $870,000 in savings to the current $6.7 million project. In summary, the VE was undoubtedly successful and a cost-effective endeavor for the City. dbt099/061.51 . - ._----,_._-_.....,~' ...__..'~^ .-.. -.' --.--- Table A IMPACTS ON THE ESTIMATED CONSTRUCTION COST BY VE RECOMMENDATIONS AND OTHER ITEMS RECOMMENDED BY THE CI1Y (April 8, 1991) Estimated Potential Construction Cost Savings3 Item Description ($) Comment CB-8 Eliminate chlorine 44,000 During future peak evaporators periods more chlorine containers can be placed online (in parallel) to obtain needed feed rate. CB-18 Reuse existing chlorination 486,000 Chlorine leak scrubber system, extend existing system will still be chlorine room, delete new installed for safety. chemical building CB-19 Reduce the number of Cost savings A total of 25 I-ton con- chlorine cylinders stored included in tainers can fit in the ex- CB-18 tended room rather than the 28 originally plan- ned in a new building. CB-A Cover over scrubber N/A Do not provide cover. containment area Cover may allow NaOH to spill onto ground in event of piping leak. CB-B Drain for scrubber N/A Provide gravity drain containment area with locking valve actuator (or sump pump) to drain rain- water to sewer. CB-C Existing Monorail system N/A New monorail will extend 25 feet to east. Delivery trucks will back into unloading area. DB-33 Reduce area of dewatering No net savings Additional architectural building (area not reduced, (see comments) improvements added for but one stairway moved aesthetics. indoors) LF.I Reduce size of lime storage 88,000 Storage is reduced by tanks to 100 tons each one-third, but is still about 12 days at - lOOlOCFE.GNV-l dbx2/032.51 -.- _._-"~-_."""--"""~...I~ ~ Table A (Continued) Estimated Potential Construction Cost Savings;! Item Description ($) Comment maximum day buildout demands. LF-3 Use two silos. four slakers. 30,000 100-ton silos. l.ooo-lb/hr five slurry feed pumps slakers. 30-gpm pumps (One is shelf spare.) LF-4 Combine lime silos and (150.000) New building will slakers into one complex improve serviceability of equipment. or - LF-4A Eliminate lime bldg. add ( 16.000) Add bldg to house prefab CO2 bldg carbona tors. Locate CO2 bldg near CO;: bulk storage tank. LF-5 Specify lime silo and lime no additional Single-source responsi- feeder/slaker as a package cost bility. No cost savings by splitting components for bidding. ST-2 Use two 37.5-foot diameter 188.000 Both thickeners will be sludge thickeners needed to meet peak flow conditions and will provide 1.9 days of (30 percent by weight) sludge slOrage at build- out max. day conditions. Therefore. the vacuum filters will need to be operated 6 days per week during higher flow periods. T-6 Use same rotational direction Design comment Minimizes spare parts. on both thickener mechanisms MS-2 Relocate building and 46.000 Shortens piping lengths. thickeners reduces paving. MS-13 Reroute chemical sludge line 27.000 Shortens sludge blow- down piping lengths. MS.A Site sign (2 each) (8.000) - lOOlOCFE.GNV-2 dbx2/032.51 .-. .- --".- Table A (Continued) Estimated Potential Construction Cost SavingsJ Item Description (S) Comment MS-B Electric operated gates (3 ea) (5.000) and closed circuit TV and voice communication for SE gate IC-I Graphics Panel size increase ( 10.(00) Need City input and type - Total (Includes Lime Bldg. 736.000 uses LF-4) Total (Without Lime Bldg. 870.000 used LF-4A) aBased on a $6.7 million construction cost opinion (January 1991 Dollars) and savings estimated hy the VE team. - lOOlOCFE.GNV-3 dbx2/032.51 -. Table B VE ITEMS.-ADDITIONAL DESIGN COMPENSATION ESTIMATE (April 8, 1991) Labor Labor Cost Expenses Total Hours ($) ($) (S) Option A: With Lime Building 1. a. Delete chemical building ( 1.395) (84.300) (8.400) (92.700)C b. Addition to chlorine room of existing building 770 46.300 4.60()'! 50,9{)(f.d - Gross Fee Change ( 625) (38.000) (3.800)3 ( 41.800)3 Previously spent to 30% design 410 24.900 2.500 27.400 Net Fee Change (215) ( 13.100) (1.300) (14.400)<1 2. Additional Lime Facilitiesb: storage silo. dilution box. feederlslakers. piping. 29,OOOe control and new building 435 26.400 2.600 3. Dewatering building modifications 105 6,400 600 7,000 4. Site work additions and modifica tions 75 4.500 500 5.000 5. Instrumentation and control additions 45 2,700 300 3.000 - - Subtotal 445 26.900 2.70<Jl 29,6O(jI Option B: Without Lime Building I. Delete New Building from ( 195) (11.700) ( 1.200) ( 12.9(0) Item 2 above; retain other additional facilities 2. Add CO2 Prefab Bldg 40 2.600 300 2.9{)() - - Total (Without Lime Bldg) 290 17,800 1,8O(jl 19,6QO'l a Assumes existing soil borings are available from the City from previous projects in the northeast corner of the site (otherwise an additional $750 is estimated to be needed to cover the costs of additional borings in the area of the proposed addition to the existing chlorine rooms). b Changes from original design concept C Construction cost--Sl.078.000 d Construction cost--$592,000 e Construction cost--$497.000 - dbt099/062.51 ~OO-:2-'S: FFI 13:29 ID:DELP~Y ENU. SERUICES TEL NO:407-243-7060 1:1241 F'CC . . CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION A1\1ENDMENT DATE: , 1991 --_._~---~ AMENDMENT TO SERVICE AUTHORIZATION NO.5 FOR CONSLLTING - SERV1CES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. ( CITY) (CONSULT A.'JT) TITLE: Water Treatment Plant Conversion to Lime Softening I. PROJECT DESCRIPTION Under Service Authorization No.5, the City requested and authorized CONSULTANT to design improvements to the Delray Beach Water Treatment Plant (w'TP) for conversion from the existing sodium aluminate coagulation process to lime softening. The design for these facilities is approximately 30 percent complete. The City elected to conduct a value engineering (VE) study on the 30 percent design and under separate amendment authorized CONSULTANT to assist the City's VE consultant during the study and to evaluate the study recommendations. Subsequent to completion of the VE work, the CITY has accepted certain recommendations made. Recommendations involved capital COSt savings and cost increases. Other design changes were input by the CITY separate from the VE study. The net effect of all changes was a capital cost reduction estimated at between $736,000 and $870,000. To effect these savings, additional design and changes to the 30 percent complete design must be made. This service authorization amendment allows for that additional design effort. The level of effort shown in this amendment is estimated to achieve $25 to $40 or mOre of construction cost savings for each $1 of engineering Jesign. II. SCOPE OF SERVICES Amend Task 2, Final Design Services, of Service Authorization 5, to design facilities according to the following modifications to the Scope of Facilities Design, presented as Attachment A to Service Authorization 5. dbl099.1063.51 1 RPF'-12-' 91 FF: I 13: 30 ID: DELPR\' Etil.). SEPU I CES TEL t40: 4[17-243-7050 1=1241 PD4 . . Option A (wit~__~i!!~J~.':ljlding) 1. Provide two sludge blowdown pumps per treatment unit with one additional shelf spare. 2. Provide two 37.5 foot diameter gravity thickeners and a single &ludge pumping facility. The sludge pumps will be selected by the City. 3. Provide one interior stairway and one exterior stairway for second floor access of the dewatering building. 4. Delete new chemical building and new polymer and chlorine feed system. Reuse existing chlorination and polymer feed systems and extend existing chlorine room and monorail system to provide a space and containment for a total of approximately 25 1-ton containers. 5. Provide new chlorine leak scrubber system to serve the extended existing chlorine storage room. Provide uncovered scrubber containment area with appropriate drain line and valve. 6. Provide two 100-ton lime storage silos, four 1,000 Ib/hr feeder/slakers, two dilution boxes, and five (one shelf spare) slurry feed pumps in a building, approximately 31 x 61 feet in area, having carbonator and electrical rooms. The two silos shall pass through the roof of the lime building and the overall height shall not exceed 48 feet above grade. 7. Sitework: Provide electrically.operated gates (3 each) and for the southeast gate, provide closed circuit TV and voice communication to the main control room. Provide two site signs, one in the snutheast and one in the southwest corner of the site. 8. Instrumentation and Control: Provide graphic panels for the water treatment plant and for off-site water and wastewater facilities. The City will provide graphic layout drawings suitable for inclusion in the bidding documents. 9. Provide modificntion to plant inflow distribution to softening units by replacing the south raw water flow control local instrumentation. 10. Existing turbid;meters to the existing filters wm be replaced by the City. Option B (without lime building) 1. Provide two sludge blowdown pumps per treatment unit with one additional shelf spare. 4.11~t0991OQ).51 2 APF'-12- '91 FR I 13: 31 ID: DELRRY ENU. SERU I CES TEL riD: 407-243-7060 1:1241 FlJ5 . 2~ Provide two 37.S.foot-diameter gravity thickeners and a single sludge pumping facility. The sludge pumps will be selected by the City. 3. Provide one interior stairway and one exterior stairway for second tloor access of the dewatering building. 4. Delete new chemical building and new polymer and chlorine feed system. Reuse existing chlorination and polymer feed systems and extend existing chlorine room and monorail system to provide a space and containment for a total of approximately 25 I-ton containers. 5. Provide new chlorine leak scrubber system to serve the extended existing chlorine storage room. Provide uncovered scrubber containment area with appropriate drain line and valve. 6. Provide two 100.ton lime storage silos~ four ],000 Ib/hr feeder/slakers. two dilution boxes, and five (one shelf spare) slurry feed pumps. Two feeder/ slakers. one dilution box, and two slurry feed pumps shall be installed in an enclosed area under each silo. 7. Provide a prefabricated concrete enclosure near t.he carbon dioxide storage tank to house three carbona tors (one spare). 8. Sitework: Provide electrically-operated gates (3 each) and for the southeast gate, provide closed circuit TV and voice communication to the main control room. Provide two site signs, one in the southeast and one in the southwest corner of the site. 9. lnstrumentation and Control: Provide graphic panels for the water treatment plant and for off-site water and wastewater facilities. The City will provide graphic layout drawings suitable for inclusion in the bidding documents. 10. Provide modification to plant inflow distribution to softening units by replacing the south raw water flow control local instrumentation. 11. Delete replacement of existing turbidimeters to the existing filters. III. BUDGET ESTIMATE OF SERVICES Compensation for professional consulting services as specified in Service Authorization 5 shall be modified as follows: Option A (with lime building) Task 2 ~.. Final Design Phase Services: add $29,600 dbl0991063.~ 1 3 APR-12-'91 FRI 13:31 ID:DELRAY ENV. SERVICES TEL NO:407-243-7060 ~241 P06 Task 9 . Supplementary Services: deduct $29,600 Option B (without lime building) Task 2 - Final Design Phase Services: add $19,600 Task 9 ~ Supplementary Services: deduct $19,600 IV. COMPLETION DATE Add four (4) weeks to the schedule specified in Service Authorization 5 for items not yet completed. APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC. _ day of , 19 _ By: __ Gregory T. McIntyre, P.E. Vice President and Regional Manager CITY OF DELRA Y BEACH, BEFORE ME, the foregoing instru- a municipal corporation of the State of me nt, this _ day of , 19 _' was Florida acknowledged by Gregory T. McIntyre, Vice President and Regional Manager, n duly authorized officer of CH2M By; HILL SOUTHEAST, INC., on behalf Mayor ....... of the Corporation and said person executed the same freely and volun- tarily for the purpose therein expressed. ATIEST: ATTEST: By: City Clerk WITNESS my hand and seal in the County and State aforesaid this day of. , 19 . --. APPROVED AS TO FORM: - Notary Public State of Florjda By: City Attorney My Commission Expires: (Seal) dbl099/063.:'iJ 4 RF'R-12-' 91 FRI 13: 32 ID: DELRR'j ENIJ. SER~)ICES TEL m: 407-243-70E,O j::I241 P07 . . 1_. ~ _ . -_ i · ~..~. ~ .. .: ?H2~......~.ILL....gf.i~lEct...c<:)~r..E~TI~A12E......... I CLIENT CITY OF DELRAY BEACH PROJECT NAME wrp CONVERSION TO LIME SOFTENING DESIGN PROJECT NUMBER AMENDMENT _ TO SERVICE AUTHORIZATION NO.5 OMON A - WITH LIME BUILDING L.ABOR'COSTDEIAIt.:'.~..ADDITIONAl..ioCbST.. . ......-....:.., RAW TASK 2 HOUFiL Y FINAL DESIGN TOTAL DIRECT LABOR @ CATEGORY (NAME) RATE ADD'L SERVICES HOURS LABOR MULTIPLIER --~---........._. e VP/SENIOR CONSULTANT $33.30 0 $0 $0 7 SENIOR MGRlSENIOA CONSULTANT $33.30 0 $0 $0 6 PROGRAM, DEPT. OR DIV MGRlTECH CONSULT $33.30 8 8 $266 $799 5 SENIOR PROJECT MGRlTECH CONSULT $32.60 26 26 $848 $2.543 4 PROJECT MGR/SR PROJECT PROFESSIONAL $28.10 21 21 $590 $1,770 :3 SR. PROJECT PROFESSIONAL $25.00 47 47 $1,175 $3,525 2 PROJECT PROFESSIONAL II $21.55 75 $1,681 $5,043 1 PROJECT PROFESSIONAL I $18.75 $0 $0 5 LEAD TECHNICIAN/SUPERVISOR II $22.90 78 $1.786 $5.359 4 SENIOR TECHNICIAN $18.95 $0 $0 :3 CERTIFIED TECHNICIAN $17.35 $0 $0 2 TECHNICIAN $14.55 154 $2,241 $6,722 1 JUNIOR TECHNICIAN $12.75 $0 $0 o TECHNICAL AIDE $11 ,20 $0 $0 OFFICE SUPPORT $11.50 $380 $1,139 $26,900 . DIRECT COSTOETAIL. ApOITIONAkCOST ACTUAL MULTI ITEM DESCRIPTION DIRECT DIRECT COMPUTERMUTOCADD $2.550 $2,550 $2,550 PRINTING. REPROGRAPHICS, AND GRAPHICS $0 $0 WORD PROCESSING $100 $100 $100 SURVEYING $0 $0 SOILS $0 $0 AIR FARE $0 $0 AUTO MILEAGE $0 $0 TELEPHONE $50 $50 $50 POST AG E/FRE IGHT $0 $0 SUPPLIES $0 $0 $~. 700 tOTAL..L.ABOa:ANOOIRECi.SER'IICES". $;19;600 . . .." "",., _0- .-.-. .,.--.. . " '~ .- . .", ..' .. -'--...-' ." .".. RPR-12-'91 FRI 13:33 ID:DELRRY ENV. SERVICES TEL NO:407-243-7060 1:1241 pm . . . f - - GH2h1....H.I:~L...gROaEct...CQ~r~~tl~It~IE...... ___ -~-l CLIENT CITY OF DELRAY BEACH PROJECT NAME WTP CONVERSION TO LIME SOFTENING DESIGN PROJECT NUMBER AMENDMENT - TO SERVICE AUTHORIZATION NO.5 OPTION B - WITHOUT LIME BUILDING LA130a..Cp$T:peTAlW+AOOITJONAl:COSl'... RAW TASK :2 HOURLY FINAL DESIGN TOTAL DIRECT LABOR @ CATEGORY ~NAME) RATE ADD'L SERVICES HOURS LABOR MUL TfPLIER :J liP/SENIOR CONSULTANT $33.30 0 $0 $0 ! 7 SENIOR MGFVSENIOR CONSULTANT $33.30 0 $0 $0 6 PROGRAM, DEPT. OR D1V MGAfTECH CONSULT $33,30 9 9 $300 $899 5 SENIOR PROJECT MGRfTECH CONSULT $32.60 22 22 $717 $2.152 4 PROJECT MGR/SR PROJECT PROFeSSIONAL $28.1 0 15 15 $422 $1,265 3 SR. PROJECT ~ROFESSIONAL $25.00 25 25 $625 $1.875 2 PROJECT PROFESSIONAL 1I $21.55 56 56 $1,207 $3,620 1 PROJECT PROFESSIONAL j $18_75 0 $0 $0 5 LEAD TECHNICIANfSUPERVISOR II $22.90 43 43 $985 $2,954 4 SENIOR TECHNICIAN $18.95 0 $0 $0 3 CERTIFIED TECHNICIAN $17.35 0 $0 $0 2 T~Cf.lNIC1AN $14.55 98 98 $1.426 $4.278 1 JUNIOR TECHNICIAN $12.75 0 $0 $0 o TECHNICAL AIDE $11.20 0 $0 $0 OFFICE SUPPORT $11.50 22 $252 $757 $17,800 D!RECrCOSTOETA!4~AOOITIONALC()ST.... .- ACTUAL MULTI ITEM DESCRIPTION DIRECT DIRECT COMPUTER/AUTOCADD $1,650 $1,650 $1.650 PRINTING. REPROGRAPHICS, AND GRAPHICS $0 $0 WORD ~AOCESSING $100 $100 $100 SURVEYING $0 $0 SOIL.S $0 $0 AIR FARE $0 $0 AUTO MILEAGE $0 $0 TELEPHONE $50 $50 $50 ~OSTAGE/FREIGHT $0 $0 SUPPLIES $0 $0 $1,800 TOTALLABOR'.AfI4bE)IRE9T'SERVIQ~S. $ Hl,600 I APR-12- '91 FR I 13: 29 ID: DELRA'( EHU. SERI.) I CES TEL m: 407-243-7060 t=t241 F'02 . . CHMHIU TRANSMITTAL TO Will&am Greenwood FRO~ John Curtiss City of Delray Beach CH2M HILL 434 S. Swinton Avenue 800 Fairway Drive, Suite 350 ___ Delray ~~~Gh, FL 33444 Deerfield Beach, FL 33441 ......- .-.-, AlTN-,. DAlE Apdt_.12 , 1991 ~ RE _ PROJECT SEF30787.B5 NUMBER WE ARE SENDING YOU o ATTACHED 0 UNDER SEPARATE COVER VIA o SHOP DRAWINGS 0 DOCUMENTS 0 TRACINGS o PR!NTS 0 SPECIFICATIONS 0 CATALOGS o COPY OF LETTER 0 ~- ~~~. - .- 'OJ 8 Amendment to Service Authorization No. _~ for add,i,tional e.nqineerins ".1 services rcsultina from VE recorrnnendations ,.' I .---..-- '... _..-.-- ~ ~- .- '- - .~ IF MATERIAl RECEIVED IS NOT M LISTED, PLEASE NOTIFY US AT ONCE --' REMARKS _ Executed copies will be :'Sent following your; review and aJ;lproval. 1 - - COPY TO Bob Bergman/CH2M HILL_...__ .--- REV 1/67 FOi<'o1 c. ~ ~ ~--- ~~41 POl HPP-12-"31 FRI 13:2:=: ID:DELRH'{ EHI). ~=;ERI)ICES TEL t~1J:407-d4..:,-(\jt;.Ll C- . .d~~!": , ':r~'.":~; .........,=:~.'. II,; "'":'I.\~......r.:"" "J . /'~:'. . :, a::'- .'" ;:'':::';(:\ ".. , tiT' DF DELAA' BEAtH /~, \ ENVIRONMENTAL SERVICES DEPARTMENT 407-243-7300 William H. Greenwood, Director 434 South swinton Ave Oelray Beach, Florida 33444 UX CQY~B SHEE'l!' FAX TELSPHONE NUMBER: 407-243-7060 TO: NAME. ~ ~ COMPANY:' .."" _ CI'l"i : c:<:1 /J. FAX NUMBER: ~,L.3 ~ ~l J~ 3 7?~'f FROM~ NAME: ~. A/~. A<tI!~'''~ _ TOTAL NUMBER OF PAGES:.1 INCLUDING Tn 1 G COVER PAGE DATE SENT: PHONE NUMBER: W r,.c :J - '7:1";.2- COMtiEtiTSl "' J- IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL AS SOON' AS POSSIBLE AND ASK FOR INDIVIDUAL (SENDE~) NOTED BELOW. / ~~.~ SENDER 1"0103090 Yair cr""F'Y,........... ^11AIA\J.~ 1\......------ tf " rtUo ~ . v '. - . . Agenda It.. No.: AGEIIDA IlBOOBST Date: 4/10/91 Request to be placed on:' Regular Agenda ;X Special Agenda Workshop Agenda When: April 16. 1991 Description of agenda item (who, what, where, how much): Presentation by CH2M Hill Consulting Engineers on the outcome of the Value Eng1neer- ;ng performed on the Excess Lime Softening Project. ORDlRAHCEI RBSOLUTIOH REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff request direction on the proposed revisions to the original scope of work to save an anticipated ~ 736.000 to ~ 870,000. t. Department Head Signature: &/~ 41 ~ ~.. u~ 'I/t/)/?! Deteraination of Consistency with eoaprehensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.. involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~~Lt - SPECIAL MEETING OF APRIL 16, 1991 CIVIL ENGINEERING SERVICES CONTRACT DATE: April 12, 1991 At your April 2, 1991 Special Meeting, the Commission authorized staff to negotiate a contract with Mock, Roos and Associates, Inc. for civil engineering services. Staff is recommending that the Commission select at least two additional firms to perform professional civil engineering services for Capital Improvement Projects listed in the Comprehensive Plan, Decade of Excellence Bond Issue and on other approved Public utilities projects. Recommend selection of at least two Civil Engineering firms and authorize staff to negotiate and award contracts for professional services. , . . DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: DAVID T. HARDEN CITY MANAGER FROM: WILLIAM H. GREENWOOD DIRECTOR OF ENVIRONMENTAL SERVICES DATE: MARCH 26, 1991 SUBJECT: CONSULTANT SELECTION COMMITTEE - CIVIL ENGINEER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Selection Committee members were as follows: ! 1. Robert Foy - Director of Utilities/City Engineer, Tamarac, Florida. 2 . Mark Gabriel, P.E. - Asst. Director of Environmental Services/City Engineer, Delray Beach, Florida. 3. William Greenwood, Director of Environmental Services, Delray Beach, Florida. 4. David Harden, City Manager, Delray Beach, Florida. 5 . John Guidry, Director of Utilities, Boynton Beach, Florida. 6 . Bevin Beaudeat, Director of Utilities, Palm Beach County, Florida. The Committee members present on Friday, March 22, 1991 at 2:00 P.M. to evaluate and rank the Consulting Civil Engineers were the following: 1. Robert Foy, Tamarac, Florida 2. Mark Gabriel, P.E., Delray Beach, Florida 3. William Greenwood, Delray Beach, Florida 4. John Guidry, Boynton Beach, Florida. Not present but telephoned in his list and ranking of the top five ( 5) consulting firms. Absent from the meeting Mr. Harden and Mr. Beaudeat. 1 of 2 . - . , A . -,- ':;... ~ , ........ I \).. '.:J. cJ ~ ~l r- ~ ,) 1- M ." 'Ii ~ -:. " I J . \i\ I \J 'v\ I to, N ~ )-. II)- -- ('J I'l ~. -- -- 'I F ..... - i-- 8 I z z ~ 0 I 8 H ~ ll: E-t f-- .- < u ! ~ ! :x:: Pol W :.J ~ H . ~ I~ ~ Q W N ~ [1'f1 -- :xl 01 \; :Q Ul ~ ~ !:il >f U f-- f-- ~ H J :> '1.) I\^ ~ ll: S I:lt ~ ~ ~ . . "'l-- 1"1 I""': ::l Ul fIl ~ ....... INl Z ~ '-l ~ 0 :) U 8 H >f Z ~ ~ H -f :> :> N J Z H - ('() I~ \I] 0 U <;;) ll: u.. H ~ ~ W ral ~ :z; ral ~. C) D N ~ r./) VI - - ::::> \!) . U . . a u .. .. UH 0 . tJ' a I/) In a .. . .. u a H - ..., In ~ . Q) . 0 II( . 0 .... . . a II( u ~ - . Q) ~ u ..., . lU U In >t u - U lU a II) f- VI ~ Q) a IU ~ ~ 0 II) Q) a g 0 ~ ~ IU H ~ '0 'j ~'I) N -..... U..... H U IU In II( > H II) ..... 0:: a .... l~ ~ Q) UJ - ~ I/) ~ ..... UJ ::3 .c: - IU CD CD a lIS - ~ U) - II( ~ ::3 - ~ II( I/) m . ~ ..... ~ ~ .c:: 0 s . ~ 0 fIl ~ CD a ~ ~ U .... ~ e ~ .~ 0 U ~ IU ..., ~ CD Q) CD ~ 0 0 0 ::3 +J lU ~ .c: 0 CD a a ~ ..... "0 .... a u .c: f.&t U) U) lIS ... .c: CD ~ S E-t I/) > .c: IU a .0 a U) I~ - U U) a :z:: ro.. U) a In 0 U) '" U 1-4 CD 1-4 0 10 U) I/) g fIl I~ II( 0 ..J N IV) j.. \.t) 00 II) " .c: ~ II( CD fIl C1 e 0 z H CD a 0 u .. '1 _ In CD ..... E-t ~ :I: ::&: W 0 . lIS lIS 1/)1-4 4:' ..1-4 1-4 CD CD ~ I ~ . 0 I .. tJ' ~ W CD :r +J ~ SCD ~ ~CD Q ..... a +J 1-4 . II( .c: )'t. a . 1-4 . . U 0 " lIS a CD'tf ~ CII a II Q1U .c: a CDU ou CIIU t') ..... - . . .... e .... .....0 ~~ ~ ..... > 0 " .....a ..., a CII ....a lIa :€J.s ... ~ .... .c: ~ a .....+J ~ ::3 lIS fa4 .... ....H ..... .c: CII SM :JH S +J U 0 U . lIS .....01 10 m lIS ... ..... ... CII CD 0 ~ ... IU ..... ..... CD 0 ... ..... .c: .c: ..., ..... ~ u 0 U Q Ct. :z:: ~ .., C1 ~ H H E-t ::&: X '" Z (I) tIl (11 :-. -- _._..~-~ "--.-. --- . > . i. ~ . ~ ... ~ a Q. <D ~ .,'.'. C en ~ :l' ~ +' i:a VJ - 0= v E> el S IS I -aes E ~ 0)2 c C1'C :;: oE ... co ... 0 c. ,g-o v c c 0 a: v -- - 0 .,.., " ' 0 0 .:J1 V .. 0 0 Q) 3 > - L IIIfJ 0 e (!) :c -- l- e ~ .-- l.- e 0 (!) E e U) 0' .~ ~ L- a :l' a. 0 ... CD Q 0 - \ +oJ 0' 0 . c: 0... - ) a. a. 0 I .L: en I , eaAO '!lUOllO ;- .... . ; r ~ IY)-~ ~ tn ~ '- - ----. C .J r . I~ Z < W w II: II: (J) ~::t: Cl o J- 0 W > ::l a.. .J it W' a.. ~. Z' 0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER !1M SUBJECT: AGENDA ITEM # W~ I - WORKSHOP MEETING OF APRIL 16 1991 REQUEST FOR CONDI ONAL USE APPROVAL DATE: April 12, 1991 This item was deferred at your March 26th meeting. It involves a request for conditional use approval to establish a commercial passenger loading area and boat ticket sales office on the east side of Palm Square just south of East Atlantic Avenue. The Planning and Zoning Board at their January 28th meeting recommended approval, (6-1 vote) , subject to conditions. The Historic Preservation Board at their January 16th meeting recommended denial of the conditional use request based upon a consensus that the operation of an excursion boat adjacent to a residential area (Marina Historic District) was inappropriate. The Community Redevelopment Agency supported the rezoning and associated conditional use to extend the parking area. However, they did not support the boat operation at the proposed location and suggested that a site north of the Atlantic Avenue Bridge be considered. Subsequently, the Community Redevelopment Agency reconsidered the request and recommended approval of the conditional use subject to the construction of a barrier with a "break through" or cul-de-sac which would stop the traffic from going through Palm Square. Residents attending the CRA's meeting were supportive of this recommendation. I recommend that the Commission either approve the conditional use request as presented and recommended by the Planning and Zoning Board, or deny the request. The CRA's recommendation to close Palm Square would cause serious traffic circulation problems affecting a large area. Also, police and fire department access to many properties along Atlantic Avenue from Southeast Seventh Avenue east to the ocean would be adversely affected. This problem could be avoided only if the two blocks on the south side of Atlantic Avenue from the Intracoastal to Seventh Avenue were largely redeveloped. Discussion heard at your March 26th meeting included: -Mr. Mouw stated that he was uncomfortable with the position the Commission has beeen placed in with regard to this item as he felt that all of the issues had not been sufficiently addressed. -Dr. Alperin questioned if the boat operation is an appropriate use for the property. Determining how the neighborhood will be affected and if certain conditions are met, it could become an acceptable use. Having a boat at this location is not necessarily offensive, provided the conditions are satisfied. -Mr. Randolph stated he would have no problem with the boat AGENDA REPORT Meeting of 4/16/91 docking north of East Atlantic Avenue, but feels there is a problem with the boat docking south of Atlantic Avenue. -Mr. Andrews stated he hopes the Commission would look at the entire length of Palm Square and decide if this has a meaningful impact to the redevelopment of the downtown. He also stated his concern with potential noise problems, but felt that issue could be dealt with on a trial basis. -Mayor Lynch stated he does not see this an economic liability to the downtown. He would like to see the boat operation on the north side, on a temporary basis, to see what the actual occurrences would be. The traffic problems that are associated with it are totally linked to the restaurant; therefore, if things don't go well with the restaurant, what will happen to the boat and dock? The final Commission consensus was to defer action until a workshop had been held to review all aspects of the request. - 2 - C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID HARDEN, CITY MANAGER ~~~~~d"'~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 26, 1991 CONDITIONAL USE APPROVALS/COMMERCIAL PASSENGER LOADING AREA AND BOAT DOCK (Marina Historic District) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a conditional use request for a commercial passenger loading area under Central Business District Zoning. There is a related item on this agenda i.e. First Reading of a rezoning ordinance (RM to CF) which, if approved, will accommodate the parking needs for this use. On a subsequent agenda, there will be consideration of a conditional use request which specifically approves the parking lot (that action cannot officially be taken under the rezoning 'T 1._ consumma ted) . The project is for a Stillwater Intracoastal Cruise Boat passenger loading area. It is to be located immediately south of the Canal Street Restaurant (formerly The Bridge). It is located within the Marina Historic District. BACKGROUND: This item was before the City Commission previously but WAS continued, without discussion, by request of the agent Subsequently, the agent went before the C.R.A. t" reconsideration and has received their qualified endorsement. j... letter from Frank Spence re the C.R.A. recommendation is attached. Please refer to the previously prepared staff report and attachments thereto for the project description and analysis. REVIEW BOARD CONSIDERATIONS: The Planning and Zoning Board formally reviewed this item at a duly noticed public hearing and recommended approval of the passenger loading area (cruise operation). They also recommended approval of the rezoning and the expansion of the parking area. City Commission Documentation Conditional Use Approvals/Commercial Passenger Loading Area and Boat Dock (Marina Historic District) Page 2 The C.R.A. initially recommended denial of the boat operation at this site and suggested that it go north of the bridge. They supported the rezoning and the expansion of the parking area. The Historic Preservation Board recommended denial of the boat operation. They did, however, support the rezoning and the expansion of the parking area. The D.D.A. supported the use and the parking lot expansion. ** Please see the previous staff report for more explanation of the recommendations. ** ADDITIONAL STAFF COMMENT: The C.R.A. 's revised recommendation finds that the use is acceptable. It raises concerns, however, about traffic impacts and ti es approval to the termination of through traffic along Palm Square. There are two problems with this recommendation: 1. There is a left turn restriction from Palm Square onto Atlantic Avenue. This restriction is mandated and controlled by the FDOT. Thus, imposition of the termination of traffic flow along Palm Square without an arrangement to accommodate westbound traffic is not acceptable. 2. The c. R. A. does support the expansion of the parking area regardless of whether or not the boat operation exists. With the parking area expanded, there will be utilization of it for other uses (retail, service, office, restaurant). Thus, the traffic impacts along Palm Square (south) will occur whether the boat operation exists or not. Thus, it seems inappropriate to tie the boat operation to the termination of through traffic along Palm Square. It may be more appropriate to proceed along the following lines: Approval of the boat use conditioned upon an expansion of the parking area; then approval of the conditional use parking lot only upon the termination of through traffic along Palm Square and the provision of a suitable method of accommodating west bound traffic (e.g. continuation of the parking lot directly to Seventh Avenue and an associated abandonment of the north portion of Palm Square as a public street) . City Commission Documentation Conditional Use Approvals/Commercial Passenger Loading Area and Boat Dock (Marina Historic District) Page 3 RECOMMENDED ACTION: By motion, approval of the requested conditional use for a passenger boat loading area pursuant to the findings and conditions as recommended by the Planning and Zoning Board with the additional condition that the parking lot expansion be achieved. Attachment: * Spence memo of March 19th * Previous P&Z staff Report & Documentation (City Clerk) DJK/#77/CCBAOT2.TXT CD Community Redevelopment -a Agency Delray Beach CRA._l.'fE~Q~_-:-_..Age!1da _..R_e 1 (!J;eq TO: David Kovacs, Director Dept. of Planning & Zoning . . ~ FROM: Frank R. Spence, Execut~ve Dlrector DATE: March 19, 1991 SUBJECT: Conditional Use Request to Permit Commercial Boat Landing - Palm Square At the regular meeting of the CRA on February 28, 1991 the CRA heard additional testimony on the above request from Digby Bridges, architect and agent for the owners and Dane Mark, Captain of the boat that wants to load passengers at this site. Additionally, residents from Palm Square were also present and spoke on the request. The CRA remains concerned about the traffic that would be generated by this Commercial activity going south through the residential neighborhoods of Palm Square and the Marina Historic District. Therefore, it 1.S the recommendation of the CRA, by unanimous vote, to approve the request provided that a "break-through" fence or other barrier be constructed across Palm Square tc prevent commercial traffic and customers of the boat from gaining vehicular access south on Palm Square. cc: David Harden, City Manager City Clerk's Office (Cheryl) 1 S.E. 4th Avenue, Suite 204, Delray Beach, Florida 33483 (407) 276-8640 li 0.5, !II 00000 lii'111 dl'lliliill .~D~ . 1m; lImB .. pilllll! HlIII!m!l! '. ...~.,~.: .... ~ - lNV11V ~ - JJ . .. @ - -- -- I . R ~ ~ , I I ~ a ;:: ~I :I'" 1iE~ a... II I I - I ~ ~ ~ ~i ... ii I I I C -- -. i i ~ ~ ~ I - I -- I ,......,...........".... ............,.-,............ j - - ~ PAUl WAl - - - - -, - - ~--. h / ~ __~__ u. ----- . .- ~~ ~ . I lr ... I , \.I}...... I> 'r-> ,,-,,,~ ,~~ ~t. (. 1 K -'") ~ .t.;------- - I ~ . I I : :. i : . l' ts .1/ A- ~ ( ~ I r.. --w -- .. -~~_,_-c-~~~ .. ,f I . I J . ~! ~K t 1 \ . I I ,-c-I= : 1\ 1 17'----~~- '''0 - " . I ~ __ ...... iOl imm 1 . j i t ~ ~ · . \ .:.rll! · ~ i- Uf-l'" I I K: rl. Hi} 11 '. ---- ---- . ..I "Ii II ./i) ~ ~1 I ~ ~ -I ! I ., YIP) ". /r----., . :~.. .:: '<: '-A. .7 \ (. . _ . ( · J I -" I " ';,- .:' . \ . I .....-.. '\ ----LI__ J .. _J I' . , ~~~~~~~ r ~ ::: - - 1''\ S - . i ~ ~;::~~:. I ~ ~ I ....il>. J ~ I ' l.~ ~ v- .. I ~ ;~ I ~ ~ \, --:-'" r:: _-..a I -- . ~: J / ~Y I( ~ I (i · } -!~ I~I.~~ r · i . -- A I L:::\ ~1 '"'--" 'J ! - i ( \.. .. ~.~;- ,J. - -- , -... ~ . .~ i I j ~ , · , J!r--n-'1 ~."- ~ ' I ~ I' I, . I J .. ~ . ~01ft-f!'- -,-- .,- I . ': II "Ii ~~~ ~ I ' ':i I '1 V :~I>o.. '~: - i I I :() ~.., J~_ , i ii_I ~Ii. ')1'" ~ _ ' _ -f--::::d.-7tw-~ /" ij =. C: -t=~1::. - f0: -. - <'" ~ : . f="..,_ Ii tJ ~ I I I 'tI I ----- ..~ . · '! -==. I I I j ~.--=. :l-l t. ~l87REfT ! . .. m!t:!":m;ilji'li(. ['n';, I !l! "1'~ EB ILU'f i'II!=,JJ'~ii'll .h'-I(!if.I'; , ~ I : ~ -;6 i1g"I'!Ii.;iiri,!!!, '!HFI r , ~ II" f,.". I 'I' 1--- '" j ,I, ~ I !Y~ ~ .f!r'PI: l'i.:1 iii," I;:, : ! .:.!Ut~ .. ; j;;iii!ji- !~~!!H!:I;:; Iilj!l:j !j i I ! I 1 If' l,-----.iC... .Ilii:j ;l'ij,l!e;lm; H; !II, ~ I I: IItTIlAC ASTAL "'A 11',"" /r _____________ B! l~. .1 fie ~,.... ....,..,! . ;1:ilidilll!1i1ilf' H!!h1' ~ J C I i' ""1 . '\"'1' .11 "1"1 , ~eI.. II.. n'/!.ljkl ,jig 11:, jl; ~ I i I. '." ""'1 . "'1 "I! =, 'iI:~ ... 1111,;. ,".,!Ii iil : Ii, 'Iil : .,,!II,mIMil/n,il' fli!h:~ in I B8@ffiI 1"'11"1'/11 I @L.>!] JllliI 0000 llill!illlll' [-r I . .... 'III'III',\, ... · .. 1111111'1 ! ..... M'" .. I' I~ 1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: SON MACGREGOR-HARTY, CITY CLERK OJ u\~ ~00.cJ- FROM: -BA D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF FEBRUARY 12, 1991 CONSIDERATION OF CONDITIONAL USE APPROVAL FOR A COMMERCIAL PASSENGER LOADING AREA AND BOAT TICKET SALES AND FOR THE USE OF PROPERTY UNDER C.F. ZONING FOR A PARKING LOT (Marina Historic District) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of two conditional use requests. One is for expansion of a parking lot onto property which is to be zoned C.F. The other is for establishing a commercial passenger loading area and boat ticket sales for a proposed Intracoastal excursion boat business. The parking lot is to be located east of Palm Square adjacent to residential property. The boat ticket sales facility is to be located near the rear of the Canal Street Restaurant on land zoned C.B.D. The boat itself is moored in the Intracoastal Waterway. While the requests are for separate and distinct uses, they are being considered together since it is necessary to have the parking for on the C.F. property to accommodate demands generated by the boat operation. However, the parking on C.F. property can stand alone and is not dependent (as a land use) upon the boat operation request. BACKGROUND: These conditional use requests were submitted concurrently due to the need to alter the existing parking area in order to provide adequate traffic circulation for the proposed boat operation. Please review the attached Planning and Zoning Board staff report for a complete description of the proposed uses, the concept design plans for the parking area, and an analysis of the impact of the proposed uses. City Commission Documentation Consideration of Conditional Use Approval for a Commercial Passenger Loading Area and Boat Ticket Sales And for the Use of Propety Under CF Zoning for a Parking Lot (Marina Historic District) Page 2 In short, the parking request will allow redesign and expansion of the existing parking area in a manner which is more functional and which provides for upgrading required landscaping (internal and perimeter) and pedestrian circulation. The boat operation involves the loading of passengers at the existing seawall. Currently this business oper~tes in a similar manner in Boynton Beach. Note that there ~several concerns regarding the boat operation within the Intracoastal Waterway. These concerns are addressed by recommended conditions of approval which call for various agency approvals prior to final site plan consideration. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board formally reviewed this item at its meeting of January 28th at which time a duly noticed public hearing was held. There was public opposition to the requested conditional uses. This opposition was voiced primarily from residents of the Marina Historic District. A petition in opposition was provided from residents who lived along MacFarlane Drive (opposite side of the Intracoastal). There were residents of the area and others who spoke in support of the request. Comments included the following: Bar Harbour Apartments: opposition based upon traffic, noise, and congestion within the waterway. Beach Property OWners Association (Elizabeth Matthews): opposition based upon noise and concern with the bridge operations. Marina Historic District Residents (Mrs. Riley, Mrs. Stewart, Mr. Roberts, Mr. Nagy, Mr. Scanlon, Mr. Miller, Ms. Smith) opposition based upon items such as the parking situation, that the use would not add to the area, incompatible use and noise. Also, Ms. Randal~resident east of the Intracoastal and shop owner~ on Atlantis spoke in opposition. James Bowen felt that Corps of Engineer and other approvals should be received prior to conditional use consideration. Marina Historic District Residents (Ms. Turner, Mr. Rabb) spoke in support. Also, Mrs. Bacarr~resident east of the Intracoastal) spoke in support. City Commission Documentation Consideration of Conditional Use Approval for a Commercial Passenger Loading Area and Boat Ticket Sales And for the Use of Propety Under CF Zoning for a Parking Lot (Marina Historic District) Page 3 Dominic A. De Ponte, Marine Way resident, provide a letter in which he claims that the process and application of the code is illegal. His letter(s) are attached. The Planning and Zoning Board considered his positions prior to their action. The City Attorney will be prepared to comment on Mr. De Ponte's position. Please refer to the documentation provided for the rezoning action for further comments. Following review of the staff report, hearing from the applicant, considering the above referenced testimony and considering the recommendation of other advisory bodies, the Planning and Zoning Board, on a 6-1 vote (Naron dissenting), recommended approval of both requests, subject to conditions. The conditions are shown on page 8 of the Staff Report. They were modified as follows: Item b: specifically citing Scheme B (Sketch Plan) Item m: add: that the applicant make a reasonable good faith effort and take the necessary steps to have the left turn restriction from Palm Square onto Atlantic removed. REVIEW AND RECOMMENDATIONS BY OTHER ADVISORY BOARDS: Historic Preservation Board: Opposition to the request for the boat operation with a consensus that that an excursion boat was a suitable commercial venture to attract people to downtown Delray Beach but that its proposed location, adjacent to a residential area within the Marina Historic District, was inappropriate. The Board did support the rezoning and conditional use request for the expansion of the parking area. Community Redevelopment Agency: Support for the expansion of the parking area. Opposition to the boat use. Suggested that the boat operation be conducted north of the bridge and that it be considered as a part of the Veteran's Park project. Downtown Development Authority: Consensus to allow the rezoning and the proposed uses. Suggestion to mitigate traffic and parking concerns was to consider that, in conjunction with the Veteran's Park project, a walkway should go under the Atlantic Avenue bridge; thus allowing the boat to load and unload north of the bridge in the evening hours and also to filter some of the parking to the public lot at Veterans Park. f' City Commission Documentation Consideration of Conditional Use Approval for a Commercial Passenger Loading Area and Boat Ticket Sales And for the Use of Propety Under CF Zoning for a Parking Lot (Marina Historic District) Page 4 ALTERNATIVE COURSE OF ACTION: Since conditional use approvals for either use cannot be effective until such time as the rezoning (RM to CF) is effective, the Commission may opt to withhold its decision until completion of the hearing process on the associated rezoning (February 26th). Alternatively, both requests can be acted upon with an additional condition that they not be effective until the C.F. rezoning is in place. In either event, the City Commission should take testimony at this time. If the Commission is not supportive of the conditional use for the boat operation, it is appropriate to deny it at this time. RECOMMENDED ACTION: By motion, approval of both conditional use requests (expansion of parking onto property under C.F. zoning) (excursion boat operation and passenger loading area) pursuant to the recommendation of the Planning and Zoning Board. Attachment: * P&Z Staff Report & Documentation of January 28th for both the rezoning and the conditional use requests. * Letters from Dominic De Ponte. DJK#77/CCBOAT.TXT 'PLf=1NN'I NG 8 ZON I NG BOARD --- STAFF REPORT - -- CITY OF OELRAY BEACH Kbu OC~ MEETING rnTE: JANUARY 28, 1991 Sa. ctmtJ, fW\ Aa( AGero:1 ITEM: II 1. 8. ~dk 1M ~ REZONING FROM RM TO CF ON APPROXIMATELY 0.13 ACRES IN ORDER TO ACCOMMODATE ITEM : PARKING FOR COMMERCIAL USES. THE AREA IS LOCATED BETWEEN COMMERCIAL ZONING AND RESIDENTIAL ZONING ON THE EAST SIDE OF PALM SQUARE, SOUTH OF ATLANTlC AVE. \ It2J5o ~. H:f i w' >' '1 c' CD , ~; . J ~ . GENERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Coastal Properties Gedney Station, New York Agent...........................Digby C. Bridges Location........................On the east side of Palm Street, just South of East Atlantic Avenue. Property Size...................O.1388 Acres City Land Use Plan..............Medium Density 5-12 du/acre City Zoning.....................RM (Residential Medium) Adjacent Zoning.................North and West of the subject property is zoned CBD (Central Business District). South of the subject property is zoned RM (Residential Medium), and the Eastern border abuts the Intracoastal Waterway. Existing Land Use...............Vacant Proposed Zoning.................CF (Community Facilities) for a parking lot. Water Service...................2" water main ~along Palm Street. Sewer Service...................8" sanitary sewer line along Palm Street. ITEM: III.B. ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Rezoning of Lots 58 and 91 from RM to CF. The property is located south of Atlantic Avenue, east of Palm Square and west of the Intracoastal Waterways. BACKGROUND: The subject of future use of these Lots was before the Board at its meeting on November 17, 1990, when there was a determination of similarity of use relative to a Commercial Boat Landing. It was determined that the use is similar to other uses such as restaurants and places of assembly for commercial entertainment purposes. Because of its unique character, the Board also determined that it be allowed as a conditional use. At the same meeting, the parking issue was discussed. Pursuant to 4.4.13(G)(1) the CBD parking requirement of 1 space per 300 sq. ft. would apply. The Board felt that since this use was unique in nature, that no additional formal parking requirements should be established, however at time of site plan approval they would be looking for more than the required 10 parking spaces. The subject lots were to be a part of the new parking area. June 1986, the subject property was discussed as an additional parking area for the Patio Delray. When the Patio Delray was in for Conditional Use and Site Plan approval, the Planning and Zoning Board determined that there were 14 parking spaces required in addition to those at the exact location of building. The subject site parking was discussed among the Downtown Development Authority, the Community Redevelopment Agency and the owners of the property. A proposal was put forward that the City would buy the parking lot and the Patio Delray would pay for the improvements of the 14 spaces. However, when the petition went to City Council, no mention was made of the proposal and nothing was pursued following that. With the additional parking, as related to the Patio Delray, it should be noted that the residents in the surrounding neighborhoods had concerns with traffic which would travel through their neighborhood. PROJECT DESCRIPTION: The associated development proposal is to construct a boat sales ticket office with an attendant parking lot. The boat will take pleasure cruises on the Intracoastal waterways. It is the intent of the owner to provide 31 parking spaces specifically for the boat. The parking is to be developed in conjunction with the Bridge Restaurant lot to the north At present, that parking lot P&Z Staff Report 1/28/90 Commercial Boat Landing Page 2 has 40 spaces. The Bridge Restaurant is requesting a 980 sq. ft. deck expansion. The expansion requires 4 additional parking spaces. In total 75 parking spaces are to be provided. It is necessary to rezone lots 58 and 91 to CF in order to use the property as a parking lot. The current zoning RM precludes such use. ZONING ANALYSIS: This parcel is currently zoned RM. The surrounding zoning is CBD to the north and northwest, to the east the parcel abuts the Intracoastal Waterways and to the south RM. Immediately to the west there are lots zoned RM which are in a similar situation (ie. parking potential only). Pursuant to Section 4.4.21(A), the Community Facilities (CF) District is a special purpose zone district primarily intended for facilities which serve the public and semi-public purposes. Pursuant to Section 4.4.21(C)(8), privately operated parking lots and garages are allowed as a Conditional Use. Another way to zone this property is CBD. In order to zone the property CBD, it would take a change to the Future Land use Map, as the existing designation is Medium Residential and would need to be changed to Commercial Core. With this scenario, there would be no guarantees that a commercial building, would not, in fact, be built at some point in the future. The applicant has chosen the option of zoning the property CF, as CF is deemed compatible with all Zoning designations shown on the Zoning Map and would not require a change in the Land Use Plan. REQUIRED FINDINGS: (Section 2.4.5(0)) Pursuant to Section 2.4.5 (0)(1), a justification statement of the reasons for which the change is being sought must accompany all rezoning requests. The code further identifies certain valid reasons for approving the change being sought. These reasons include the following: * That the zoning had previously been changed, or was originally established, in error; * 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. P&Z staff Report 1/28/90 Commercial Boat Landing Page 3 Pursuant to Section 2.4.5(d)(5), the City Commission is required to make a finding that the petition will fulfil one of these reasons. The applicant submitted a justification statement which states the following: "Under the previous zoning, the two lots 58 and 91 were zoned RM10 and under the previous zoning code Section 173.771 location of off-street parking spaces, (7) (b) "Within the the Ge, SC, LC, and CBD, all or part of the off-street parking spaces may be located on an off-site parking area which has an RM10, RH, or RM15 zoning districts, such site shall be subject to conditional use approval. However, if the parking is located on a residential, currently existing, conditionally approved or permitted parking area pursuant to a variance, then conditional use approval will not be required. Such parking shall also be subject to the conditions of division (7) (c). A means of pedestrian access from the off-site parking area to the principal building or use shall be provided. The above provision is not included in the new LOR's which effectively renders these two lots of land useless. Lastly, the rezoning to CF and ultimately to CaD will allow the lots and adjoining lots to be developed with the best interest to the City. " Comment: The rezoning to CF instead of a conditional use with a residential district allows the same result. In both the current situation and pre-LOR situation, conditional use approval is required for the parking function. 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). Pursuant to 4.4.21 (A) The CF District is deemed compatible with all land use designations shown on the Future Land Use Map. P&Z Staff Report 1/28/90 Commercial Boat Landing Page 4 Consistency: Compliance with the performance standards set forth in Section 3.3.2 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 making of a finding of overall consistency. The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That a rezoning to other than CF within stable residential area shall be denied. (Housing element A2.4) The development proposal meets this requirement. B) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Pursuant to Section 4.6.4(E), where a CF zone district is adjacent to a residential district, a special district boundary treatment is required. A landscaped setback of 10' and either a six foot solid masonry wall or continuous hedge at least 4 1/2' in height is required. The attendant sketch plan indicates that a 10' landscape setback be provided along with a 6' solid wall. This helps to mitigate the commercial aspect of a parking lot adjacent to a residential neighborhood. Land Use Element: Objective A-I: Vacant property shall be developed in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. (bl, b3) This proposal can be considered to be complimentary to adjacent uses. However, the additional parking could negatively effect the surrounding neighborhoods. 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. (See following) P&Z Staff Report 1/28/90 Commercial Boat Landing Page 5 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 8-2.1, 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 TCRPC Policy 10.2.2.2. This policy shall be implemented as a part of the development review process. (b3) The 10% requirement (undisturbed state) would not apply; however pursuant to 4.3.4(K) 25% of this parcel is required to be provided in non-vehicular open space. REVIEW BY OTHERS: DOWNTOWN DEVELOPMENT AUTHORITY: At its meeting of January 7, 1991, the Downtown Development Authority discussed this petition. The general consensus was to allow the rezoning and use of the property. The Board did discuss the associated traffic issue. One suggestion to mitigate the traffic problem was to request, that in conjunction with the redevelopment of Veterans Park, that a walkway should go under the Atlantic Avenue bridge. This could possibly allow the boat to load and unload in the evening hours north of the bridge and filter some of the parking to the public lot at Veterans park. Staff Note: The concept of a walkway under the Atlantic Avenue bridge is not consistent with the Comprehensive Plan. HISTORIC PRESERVATION BOARD: At its meeting of January 16, 1991, the Historic Preservation Board discussed this petition. The Board was in favor of the rezoning to allow additional parking in the downtown area. When the Patio Delray Restaurant site is developed additional parking would be a necessity. COMMUNITY REDEVELOPMENT AGENCY: At its meeting of January 14, the Community Redevelopment Agency discussed this petition. At the time, no information was available regarding the use items (ie. hours of operation, how many boats, etc. ) , therefore the item was discussed in general. The Board requested more information prior to a formal recommendation. P&Z Staff Report 1/28/90 Commercial Boat Landing Page 6 ASSESSMENT AND CONCLUSIONS: Pursuant to Chapter 3, it clearly states that CF is the only rezoning to occur in a stabilized residential area. By zoning to CF, it controls the type of use and insures that a commercial building is not constructed in proximity to the existing residential units to the south. The issue, at hand, with respect to Lots 58 and 91 is whether they should remain as RM and not be usable (substandard RM lots and substandard frontage) or be zoned so they can be integrated into the commercial property to the north. ALTERNATIVES: A. Continue with direction. B. Recommend denial of the rezoning request based upon a failure to make a positive finding with respect to Chapter 3 (Performance Standards), and that pursuant to Section 2.4.5(D)(5) the rezoning fails to fulfill at least one of the reasons listed under Subsection 2. 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(D)(5). STAFF RECOMMENDATION: Recommend approval of the request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive plan. REF:'3/A:BOAT4.TXT - - - -, -..../".-" 1 /.. 00 I ''''0' . ,,1:'/.......1 .- I h --. -. .- -- \ I~ -\- _..-,,-1_ ,-, _ - r - 1:1 I I --- - - - - , "1 ii' ~-- - - - - - - -- · _>_1_ I.! a 1 l ~ I~ --I I 1:1 -1J I: i: .11 / -- I ~ I' _~I I ~ --- ----- I I I" . - : : - 1- I I S - .j-z.;_..'<....;'O.,.."...'v. "'"'1 . I --- j ,. '(.~..tt~~.:;j.-.?'.lj~t\..J.: I I -,-- 1 .. -- ~ - .. ~J:~'.-J): ...J:-t,~...,';~.."..~..;.,~::~. I \ N.~I I '. 'w.....l:. '" ~.. .-:........ ".1.~". ,.... \ --I __ _ rJf' = 2 .~j,\iL,...:~.\~r..i'...~~..~/l1...~' ~ I g' - - - ~- - e ..,':'t-:'~} ':~...,.,';.!,}...,. :',:. . "I ---' ~ - . "'....; I, .~'.,,"'l" "" 1',: ._.Ji!" ,.. J'-'_ -1 --- ~,,-"- -- ":or ..:. .>>-- }.~,..- u'...J\" ,''''''" J J" - - -: 1-- -- --= ----=-: -=.---=. - . . ;:r~r.L.4.'~'\:; , . . . .--- -- ~- ....-; ~""'..<j. ~'..~~ "', 1 . ,.1,,-.1 {__IH'__ 1-"\ ---":<: 'r- -- _ ..-.. 1 ...... ~ ...... ..,~. .":-t".'ti-(.:,.-".,.:r.,.",v... "', \ ~ 1-- I I I - --- -~~ -= ~~dt'~':~~~;r::?~:}::; I - -~- 1_ _. __ \lfl~\t.~,"""S'lJ~";'t..~..'~{' . I . ... ..~ f"'.,..".,.....,~-,..t~. . .- o _ ~ ~ ~.' .... ~ J ~ . I ,-. I" I'" --.-- , '- :-t-Icc---r~~.:~ t=-:==- --1-- - "' ~ t I I . ;: ~I a __ ~ _ _ r . ~ -Iii> - - - .D - - - - -- _I - -- - - - - f . (l1 "~ I N Y __ I - ~ - - -- I .. ; -!~Ir 1__ - --~I l "-- __ ;I~_ I --- - __;:1 I r X~i . i ! " I . r 1-.----- Ii ~ - -fl- I I ; -.. -- - --------- 'I i II ~I --+-~-- ~-- n ~ _ Z II UL.....[ --..--. I \n . . - '" - -1- III:' - _ a .-;I, i ~ ~ I~OI! I ~ ! I :: ~ ~ ~I -1-- :: - e . . _ I a -- , ' . ~ ! , I J,.\. I ~ 1 I ,'~ ~. ' .' I ~ _..J - ----=-=:-.--. .: e-- - I .. I ~ I . ,.; ~- ~- - If. ~ I- ;Ul I I , 1- II~ I I. '~ I ~ I -- -- ..":::.:-'",,,. Qp ..... ~~ - ffi ". , ~:,~ l!l -t~; · mi. :' · =:: > : (;) J ,. '1'1'"" . > . - . : i if aJ : 'I'"" ~ .' -. 0 . aJ .., ,: .; > :II ;.\ ,. , " -l , .6 ,-..., - I _______ _ _ "'AU" WA~_ 1 _ I ----...... ~ I t..'0 _. __ ~ ...O' --mr"'.' '. -- I -=. -- I , ,.... 1- ; ~ '.... \-" 'I -....-.- '" ---.,'.- ...... :. i (. ..~, -!~~- "'-i :f:1fl.. -", --- = --- -I~-I- I . I I......." I ""'IIIIIIIIIr lal a I I . z! . . ~ -1- I I Z .'H. ~ t ' I / c . Ii' I i - ,- - I 1.1 - - - -, - --__I I . ii., I ~-~!,.- -.-- ;LL-I~ !:; I '. . HI. . ~I-I- I I::' '; - - __ o I_ --. ~ I - 0 'll;; _ .e-r _ ___ I . I ..... - I "." ~l-- I ..:-- -- ~ - _. , 1.... . I.... ...... __,_""'__ 'I- 1.....1, ..... -I I '\ __ . .., 'I - Ii -'1 I I -: . f -. 1- , . Ii. ___ I~ -1-11 -,'-- ;~ '_ ____ . 1- I _ ~ - .. ~-r- - -......-t- 1 i \i J. \ _. !:."I!;~. __ ! ~ -) I( 'z I ) i ' I ~mll C- · ~I I _I~~I.---L_"" "_ ! _ J: u !. ~ ~ ,'" I'"', ~I 1 I -:;I~ I ____:_ 1 _ _ _ ,.,r , ~o I -- :1 ""'" : = ~ ~ ! : ;/' " u --" = "U - rn '-'- , ----- I'" ii, ii-I I i~:, ~ - -- I J 0 -- ..---,- I · 'I I' - -- - : f1l I ----~d_ 1 V - - ,I I I I - - I 2 --1- .I I . II - - Cl., C'IO.. _.___ I . I ~ . ::"'-",.. EB . t~ ..I.....~=......O-..IJ ~.> . ~ ..I!.l....._ ,'.,' ,'!1 ~r- . , .: j:" IrCl : Cl '. . ~;):' II~ :1; __ ____ __~,;_ . . . !~. ";:. J_ I"," ):lAA~ ~~: . O~;N... - k./h IIIOlte, CI1Ir bA wi1\. *{ :,~"""')" ~~ \)..~~ J lilAA\1..t L\Jcl~ . c\-.a\\e't :Ip \~\ \ \\.. ~\,~ , . . ,<&: io.'" u is ""''1'"' ~""~ ,...,lal.,.. .(.;J..d 6lo.",..&' fj';' l' ~ {tJ*. ~ 6k ~"''''a CQoo. .. ",,\~ "'-'J 'i ~pk ,,~ ~. ~ . ~~ _ ~ CS'fV)~~ w~ 0." p)..... ~\\U4aI....J..... J . I' I _ lJ , -i fU ~ ~~L ~ ~n'~ sf~,-, '.)~---"'b ()t\&~ ; i ". ~ ~ CJY (k.. ~ i:o me+ ~ , &1,2,.~~ vt.~ 6~~ '::I oJ ra ~ i ~ · ~J..n ... \., "I>CV- 1 it!, .~... ~ o~ ~ ~. j ~ ~........ l>o ....- . \1\..-;.. VJ OJ I J lit;: · W!- (\\.:k r>- ~,.l l'~ r--* ..iJiJ l... ..sui- ~ s ~ k ~ ~ ~~ ~...~~ c.~~"\ J ~ \4.<. ~;'"'J - ~ > ...........- ..i~ ~ 9~"; ~.\,."""'" ~ J ~~ ~~ B~U j';J > ) ~ - ~v\aA ~ "'~ ~~~ $O\~ ~ ~ (\... ~ ~ ! ~ - S~ - '-0 ~\ ~ ~ M . W - ~ _ ..~, ~ I!\.. '"-,, -::;; ~ ~ ~~ \- r\.. ~ .\ ~ i ~~ I Y, \?..\... "1. - ;; : [!! . ~ W~,~ w..JJ.-lIot ~ ~ ; ; l Go\ ,,~\\ 2..'\. ~~\-. ~~ - ~ ~ . .YlO:-\' ,~."I...l,W\ I (\0,,", 1: ~ 'I ~--*, o.lk....\,"", ~ ~'r'I. ~t1;""', ~ \.U':l - .,~\..;.. I d.~~ J Jj /1- ~ \~\ ~ ~ ~ ~ ~~~ "" ~ ~\~ ~I 60 ~~w.. ~~I.r 'S~~~w ~ ~~~ ~ ~ ';)~ ~\~ \ C\'>~ \~ ~ - o~ ab.D ,~ ~~\(~ ~c,~~ \S\~.. ~~ r>~~~ - 6~eua.l ~~ (1\~ ..----. r\ r... ) .Ll ~ ~Ilai:.., \\\. AM L t1\.. f\ll' '- J. .J tl .. I - iLANN.I NG 8- ZON I NG BOARD STAFF - -- REPORT - - - I -ry OF OELRAY BEACH MEETING rnTe: JANUARY 28. 1991 AG~ ITEM: IILC. CONDITIONAL USE CONSIDERATION TO ESTABLISH A COMMERCIAL PASSENGER LOADING AREA ITEM: AND BOAT TICKET SALES IN CONJUNCTION WITH THE BOYD TICKET SALES IN CONJUNCTION WITH THE BOYD BUILDING COMMERCIAL AREA. Itzjso 7. . dmHE ~ , W' >' , C' " 18 : 12 (0 . . 12 19 . . 13 ; 13 L " 0 .. ~ 14 ,. 1ST . ... . , ..... .. ..... . '. .... 'ENERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Coastal Properties Gedney Station, New York Agent.......................... . Digby C. Bridges Location........................On the east side of Palm Street, just South of Ea.t Atlantic Avenue. .- Property Size...................O.387 Acres City Land Use Plan..............Medium Den.ity 5-12 du/acr. and COlllJllercial Core. City Zoning.....................RM (Re.idential Medium) and CBD (Central Bu.ine.s Di.trict) Adjacent Zoning.................North and West of the .ubject property is zoned CBD (Central Bu.ine.. Di.trict). South of the .ubject property i. zoned RM (Re.identi.l Medium), .nd the . Ea.tern border abut. the Intracoa.t.l Waterway. Existing Land u.................V.c.nt Proposed Land U.e...............Boat Ticket Sales Office Water Servic....................2" water main .long Palm Street, th.t turns east, and runs along the North border of the .ubject property, and turn. South .nd run. the length of the e.. tern bord.r. Sewer Service...................8" sanitary sewer line along Palm IILC. Street. ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Conditional Use request to allow a commercial boat landing facilities with an attendant parking lot. The use of the boat facilities is allowable under 4.4.13(0) while a portion of the parking lot is allowable under 4.4.21(d). The subject property is located south of Atlantic Avenue, east of Palm Square and west of the Intracoastal Waterways. It is in the Marina Historic District. BACKGROUND: See discussion in rezoning request. PROJECT DESCRIPTION: The stillwater sightseeing cruises will berth and operate one boat with the capacity of 150 passengers. The vessel will carry passengers everyday for sightseeing cruises with lunch. The vessel will leave at 10:00 a.m. and return at 3:00 p.m.. The boat may operate a dinner cruise Wednesday through Saturday. The dinner cruise will leave at 7:00 p.m. and return at 10:00 p.m.. The food shall be supplied by the "Canal Street Restaurant" or by an outside caterer. The vessel shall berth south of the bridge with the port side against fenders along the seawall. The vessel will have it's own gangplank for boarding and un-boarding of passengers. A dock would not be necessary for this type of operation. CONDITIONAL USE ANALYSIS: 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). Attendant parking lots are allowed as an accessory use to a commercial building. In this case, the boat ticket office. .....-._-~-- P&Z Staff Report Boat Ticket Sales Page 2 Parking lots are allowed as a conditional use in the CF zone district. If the property is rezoned, the use is consistent with the Zoning District and the Future Land Use Map. 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. For sewer and water, concurrency shall mean that direct connection to a functioning municipal system is made. For streets (Traffic), drainage, open space (parks), and solid waste, concurrency shall be determined by the following: * The improvement is in place prior to issuance of the occupancy permit; * The improvement is bonded, as part of the subdivision improvements agreement or similar instrument, and there is schedule of completion in the bonding agreement; * The improvement is part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Water: To date no water and sewer plans have been submitted, however the following is noted: Water service exists to the site via a 2" main located on the east side of Palm Square. The main extends from S.E. 1st Street and stops 100' south of Atlantic Avenue. The 2" main is not sufficient to provide domestic water or for fire suppression, therefore requiring the upgrading of the main. It will be required that a fire hydrant be installed at the S.E. corner of Palm Square and Atlantic Avenue and an additional fire hydrant or stand pipe be located in the parking lot to service the boat and ticket sales office. At a minimum the code requires that a fire hydrant be located every 300' of road travel. In order to accommodate the fire hydrant, the 2" main along Palm Square will need to be upgraded to a 8" line tied to the existing main on the north side of Atlantic Avenue, thus looping the system. This will require a jack and bore permit. Policy A-4.4, Capital Improvement Element, states that all new development shall be required to extend public utilities for water, sewer and drainage to the furthest portions of the property which is being developed. POlicy C-4.3, Public Facilities Element, states that all new development shall be responsible for extending water service to and through the land to be developed. P&Z Staff Report Boat Ticket Sales Page 3 By upgrading the main, tieing it to Atlantic Avenue, these policies will have been met. Sewer: Sewer is available to the site via Palm Square. Drainage: The improved parking lot will be designed properly in order to handle the drainage and to insure that all retention shall be maintained on site. There is however, a potential that this lot may flood in high tides. Streets and Traffic: A traffic statement was submitted. The project generates a total of 450 ADT on the surrounding roadway network. County Ordinance 90-6 (TPS, Interim) is complied with in that the proposal generates fewer than 500 net trips, thus a full traffic study is not required. However, the statement does not address two major issues which impact the area. The report does not address the ultimate right-of-way of 60' and the left turn restriction on Atlantic Avenue. The left turn restriction has a major impact to Palm Square and the neighborhood to the south. The Planning staff reviewed the report and concluded that the existence of a prohibition of left turns onto Atlantic forces exiting traffic through the Marina Historic District. This situation will occur with whatever commercial use is made of vacant property in the are. The report has been forwarded to the City Engineer for further review, however no response has been received to date. Parks and Open Space: Pursuant to Section 4.3.4{K) 25% of the parcel is required to be provided in non-vehicular open space. the accompany concept plan submittal shows in excess of 30% in non-vehicular open space. Solid Waste: One dumpster is provide by the Canal Street Restaurant. No dumpster is provided specifically for the boat and ticket sales office. Documentation from Waste Management that one dumpster is sufficient to handle both operations is required prior to site plan approval. A dumpster will not be allowed dockside since that land is not privately owned. It appears that more dumpster capacity will be required and this situation will necessitate further changes to the concept plan. -~.- P&Z Staff Report Boat Ticket Sales Page 4 Consistency: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Land Use Element: Objective C-4 - The Central Business District (CBD) represents the essence of what is Delray Beach i. e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart in south Florida". Policy C-4.1 - The CBD regulations shall be amended to more closely fit the desired character of the CBD and to facilitate and encourage rehabilitation and revitalization. * accommodation of parking needs through innovative actions * incentives for dinner theaters, playhouses, and other family oriented activities Coastal Manaqement Element: Objective B-2 - The value of Historic Preservation to Economic Development is recognized and shall be a component of economic development programs throughout the City. With respect to the Coastal Zone, this relationship shall be achieved through the following policy: Policy B-2.1 - The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. Objective C-2 - The newly established Marina Historic District shall be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. This objective shall be met by the inclusion of the following policies in any plan or program for redevelopment: Policy C-2.1 - Any such program shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. Policy C-2.3 - That part of the District nearest to Atlantic Avenue (north portion) shall be redeveloped in a manner which while keeping within existing character shall provide for a P&Z Staff Report Boat Ticket Sales Page 5 transition in design and intensity and type of use to the commercial character of the Central Business District. Policy C-3.1 - Remaining, isolated infill lots shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. The development proposal appears to provide and achieve the objectives and policies outlined in the Comprehensive plan. Compliance with Land Development Requlations: The proposed use is in compliance with the Land Oevelopment Regulations if the rezoning is approved. If the Conditional Use is approved, a full site plan submittal will be reviewed by the Historic Preservation Board. The proposed site plan must comply with the LOR's. Along with the Conditional Use request there is a Sketch Plan. It is appropriate at this time to bring the following LOR Requirements to the attention of the applicant: * An additional 10' of dedication will be required along Palm Square to meet the local (Commercial) standard of 60' right-of-way. A reduction in the required right-of-way width may be granted by the body having the approval and pursuant to Section 5.3.1(0)(4). Justification will need to be addressed as a portion of the Traffic Study/Statement and the City Engineer must be in agreement. Within the 60' section a 5' sidewalk is required from the south property line to Atlantic Avenue. * Per Section 4.6.l6(E)(3) landscape islands are required to be minimum of 5' in width exclusive of the curb width. There are two site plans which have been submitted. Scheme A shows the landscape islands to be 5 ' inclusive of the curbs and no right-of-way dedication or sidewalk, thus provides 75 parking spaces. Scheme B provides for the 5' landscape islands exclusive of the curbs and a 5' sidewalk interior to the site without right-of-way dedication, it only provides 71 parking spaces. The Board should give some direction to the Applicant and Historic Preservation Board on which scheme (A or B) you would be in support of? The question becomes of whether or not the Applicant should request relief from these items in order to accommodate more parking. * Since the specific use request involves an integration of existing commercial uses and new development, the totality _..--- P&Z Staff Report Boat Ticket Sales Page 6 of all the property should be designed, up-graded, and replatted. * The Board determined that it was not necessary to establish parking requirements specifically for this use since in the CBD, there is a standard requirement of 1 parking space for each 300 sq. ft. of floor area. Ten (10) spaces are required, however more than 30 are provided and allocated to the boat use. * Another problem to be addressed is that of lading supplies and disposing of waste (trash and sewage). In either case, the property adjacent the seawall cannot be used as it is not under private ownership. * There are concerns regarding the permitting of the boat operations. The applicant stated that no permitting was necessary. However, with the boat moored against the seawall the following concerns arise: - The boat will berth south of the bridge. This location is likely in a constricted channel section with a relatively swift current. We question whether the operation can be carried out without additional mooring aids, such as dolphins. - The boat may be large enough to constitute a navigational hazard at this location. - Water depth at this location is unknown so there is a concern that the boat may not have sufficient depth, even at mean low water, to operate as proposed. - The seawall appears to be in a deteriorated condition. This operation may accelerate seawall deterioration or cause it to collapse. - If the boat plans to hold against the seawall with engine power, prop wash may disturb the bottom. If there are sea grasses here, there could be an environmental problem. If prop wash makes a hole in the bottom, it is considered illegal dredging. In order to completely assess this proposal, the Applicant should be required, prior to site plan considerations, to submit the following: 1. Cross sections of the waterway to assess water depth and channel location. 2. An Engineer's certification that the seawall is stable enough to withstand this operation without further deterioration. P&Z Staff Report Boat Ticket Sales Page 7 3 . In addition, the operator may need to file a "notice to Mariners" with the Coast Guard. REQUIRED FINDINGS: (Section 2.4.5(E)) Pursuant to Section 2.4.5 (E) (5) (Findings) in addition to provisions of Section 3.1.1, the City Commission must make findings that establishing the Conditional Use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby properties. With the additional parking in the CBD area, it helps to mitigate the perceived shortage of parking in the downtown area and helps to keep cars from parking in the surrounding neighborhoods. The major concern is that of traffic which will be generated on Palm Square. At Atlantic Avenue there is a right hand turn only sign. Which means anyone leaving the parking lot to head west on Atlantic, will have to travel through the neighborhoods and would not have direct access to a major thoroughfare. REVIEW BY OTHERS: HISTORIC PRESERVATION BOARD: At its meeting of January 17, 1991, The Historic Preservation Board discussed the use issue. The Board recommended that the conditional use request be denied. It was a consensus that an excursion boat was a suitable commercial venture to attract people to downtown Delray but that its location, adjacent to a residential area within the Marina Historic District, was inappropriate. Two letters of opposition were submitted and are attached for review. COMMUNITY REDEVELOPMENT AGENCY: The Community Redevelopment Agency wanted additional information prior to a recommendation. Its recommendation should be available at the meeting. ASSESSMENT AND CONCLUSIONS: It was determined by the Planning and Zoning Board that a Commercial Boat Landing is similar to the uses allowed in the CBD. It fulfills the policies outlined in the Comprehensive Plan under the Land Use Element for the Central Business District. -.-- P&Z staff Report Boat Ticket Sales Page 8 The central issue upon which the decision must be made deals with the future use of any or all of the undeveloped land on either side of Palm Square. Any use of the land will create traffic which will go south on Palm Square. A public parking lot would have similar impacts. Even a City park with attendant parking would have such impacts. Associated issues such as loading of supplies, disposal of wastes and the gathering of crowds may create undesirable neighborhood impacts. These items could be mitigated through site design. ALTERNATIVES: 1. Continue with direction. 2. Recommend approval of the conditional use requests for a commercial boat landing in the CBD and a parking lot under CF zoning. 3 . Deny the Conditional Use request based on not being able to make a positive finding pursuant to Section 2.4.5(E)(5) findings (incompatibility). STAFF RECOMMENDATION: Recommend approval of the conditional use requests 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) with the following conditions: a. Up-grade of existing parking lot b. Site plan to reflect the sketch plan of January IS, 1991 - <-;'c \..~ ~ c. Platting of the contiguous Handlesman holdings into a single parcel, or if multiple parcels that appropriate access and utility easements be provided. d. That boat operations be limited so that there is at least a two hour period between passenger loading and unloading e. That there shall be no loading vehicle use of Marina Way north of S.E. 1st Street. f. Concurrent with the site plan submission for the passenger loading use and ticket sales office, documentation must be provided from the Army Corps of Engineers, regarding mooring and loading operations. P&Z Staff Report Boat Ticket Sales Page 9 g. That current with the site plan submission for the passenger loading use and ticket sales office, documentations must be provided under the seal of a registered engineer to the effect that the proposed mooring and loading operations will be acceptable with out damage to the seawall. h. That the parking lot improvements may proceed independently of the ticket sales and boat use. i. That as part of the site plan submittal detailed information be provided as to trash volumes and the ability of Waste Management to pick-up such trash in a timely manner, how the disposal of sewage from the boat be handled, how drainage will be handled with the potential of the parking area flooding. j. That as a part of the site plan submittal detailed information be provided as how the utilities will be handled (ie. water main, fire hydrant). k. That a landscape plan accompany the site plan to show mitigation of the south boundary treatment. 1. That information requested on page 6 of the report, as it pertains to boat operations, be provided prior to site plan submission. " .~ ~~.~S__tC/. . .,. .. -' Jo,., - "" , 1". ';tal \ ..,.,. . . _ ~ - - . " 1 .... U lit, Ql ~ A~ ~~~ ~ ,ej~ ,Jw.rrt ~ ~ ~\.. ... o ~ ~ ,-- llvL~.. ~~~ "" atJa.kc. ~ . Attachments: Attendant site plan scheme A and B Letters of opposition Additional information regarding the Stillwater operation REF:A:#3/BOATl.TXT ~. 9 ill' i I- :::t::ti ;>:.., a:: ,c 0,:. i.. 'ld'ljj! . : ,. 0 ',:'il:;' i.:i\:i,j ;:: _ . CD 11.,1:' i'is . I! -, jj ., ! i ..J J !_.:Il::,' 11,,!J!" ,': . . c( .... '1'. '. r.- \: : Cl ;:!J.l!i il"JI'11! 1'. ._ . ":1.1.1-11!lli: - --~ ., -' , .~::; { -. "",,~.,.. I ---. - '.1 1'\ ~ 1 I t : . i =- ; I :: . , 1.. ___ _u_ .~ ~ - .'. \' ~ . I 1'~' .: 1 . ),4' ) -- I.. --i- -, : (- Ii; . -I. ~I~ I lits I '';'. -- 'Iii I - - - '1\ __ _._, __ _ __ ~ --t-' .. i ~ --- ------ I J I -1:- ~ I 1 - I. - ~ - --" I .II~ _ I. I ,t<. - 1'- I H: I . i I~ _ I ..IlL :' i - -::- - - I--.K-- -1,---- . --1- oJi - a ~: lo<::J -- --~ -~; I . I I ; !; ______~______Jl!'=-=-J- _I '- - i I --~I., I ,. i I ti -I 3 I ' ---- 'to:! I I - 1--' :0 -....~~-...H-~. -..... -' - I . _1_. ~ lO!! , --:.. -~.,_.. -, I -. ~~!-r-'''''--ll.6'Ml'- , I _ ~~ _ . _n . . -- -:.. . _ _: : _ _ _ . '1_ - ' I J -- _ --. ~ . I :t-..- ---- .-... . ____. .._ or I I I; I -I- I -- - --. .. -- 1 I ~ I I . . I. I - . -- - - - - !' I I. I I / ~II. I -, : I i" -I -- t~ ------- -'. --~.l'- I -1- I I I I I - - -- -.- _. - - I I .... . ---:1..,- - - . L"t ... I ~ -- .... - .... . ... _ .. " _ .. 1 .. , ",t .... .; .:: ~ ~ i c ~ i ':'J, ': -. I.,. .: - r" I"; - - - :: 'i"' ~ I ---...... - ~ .. . - ..... ~ .......... :==--. "::-: . . ~ -- ,-.~ 0" j . ~ . .- . . . ....a ..... . .. - - - - - - - I ! - ) - - -- - - - - - - J ; - - I ~ , I ~l I ~ I - -- - -- - ..... .- 1 I " -. I -_. - I - I -- - - - -. -- - - - - I -- - - - A;M ",,,.. .- - River Lady Length. ........ ......... ..65'-0" Draft. .................. ......3' -0" Beam...................... 26' -0" Passenger Capacity.... 150 ~ . - -- "- \ <:::p-. -- ~ ~ ---- .-.-~ - q . ~ --<: :- . . ~ : - ~:~. ~ -- ~. ~ - ~:.-:;:- -:;:- 00:- Freeport Shipbuilding P.O. Box 417. Fn:eport. n 32439 (904) 835-4125 Fu: (904) 835-4873 Page 3 ('-'~-, 1J . i , .....r::.;-~-...;""-~_-_~~______...:..;;;c.~-....-_-_""-..._-~ -..;- 8~8B B:8B=BEffi=8 =8 ~:: -:-:-::~'/ "':~~:~::: ,...--... --. -.. ...,. - -... ,_. -...,. --. -. "'- .-."'.--'.'; ~ '-:-'-': ~ ~:'-'.~'.....~~ - II. A. #6..c". ~.,." ~,. Ou tboard ""'llle 0 ~ .._~ . .: 11'1 'f .,.,., fa - -.6- . - - -,,-.- - - "--'- - l'CM,.tl -- W u """,."., PlIot HoUM Seclmd Otck , ............... m!.l:!f!!! !! ~ .~. I ~ l!!!I- --n -{--"J- - ~- ----;. t ..,c. 10 I " . . , . . : .'~ ................. ,1/ .. - --- - -- _. .. --- -- Ka!n Otck River Lady S ji9 E F~ FJl 11 1~ !in)~ lPll ~IIllIJJE $13 . -- --- Boynton Geach, Florida , 734.8642 - . January 14'~~~~~~9~~ Mr. Handelsman 840 E. Atlantic Ave. Delray Beach, Fl . ,. Dear Mr. Handelsman: p\..ANN\NG 84 20N\NG Please let this letter serve as a follow-up to our previously discussed proposal for operating the Stillwater sightseeing, luncheon and' dinner cruise boat from your vacant parking lot at 840 E. Atlantic' Ave., Delray Beach. PROPOSAL .- (l)jStillwater sightseeing cruises will berth and operate one ( 1 ) United States Coast Guard approved, 150 passenger, 65:foot, double deck replica character type steamboat 'orm the affore- mentioned address. The vessel will carry;-'passengers everyday north and south on the Intracoastal Waterway ~or scheduled sightseeing cruises with lunch available on board leaving at 10:00 a.m. and returning back to its berth in Delray at 3:00p.m. The Stillwater may operate also a dinner cruise on ~ednesdays, Thursdays, Fridays and Saturdays. The dinner.cruise will leave at 7:09 p.m. and return at 10:00 p.m. A slightly cut~back schedule may occur during off-season months. (2) CLIENTELE ON BOARD Families, tourists, group functions, wedding parties, business meetings and. retirees. (3) FOOD Food shall be supplied by the "Canal Street Restaurant" (formally the Bridge Restaurant) or by an outside caterer. (4) TICKET OFFIC8 A small area at the east end of the parking lot shall be set aside for a small ticket office. This ticket office does not require toilets or plumbing only electric .to it. . . . , . .. I ' . .. -. . . .. . . -..- . 5) HOORING AND DERTR The vessel shall berth directly east of the parking lot and just south of the "Canal St.reet Restaurant". The bow of the vessel ....ill face north', the stern south, 'With the port side against fenders along the seawall. When' leaving, the vessel 'Will back astern to the south away from the Atlantic Ave. bridge. When returning the vessel ....ill again approach from the south. The vessel.will have it's own. gangplank for boarding and un-boarding of passengers. The need for construction of a dock is not needed for this operation and thus not requiring permitting. A small area of vegetation (not Mangrovel) will be trimmed back for gangplank use. 6) BOAT REFOSE . . The two dumpsters that supply the restaurant shall also accommodate the boats refuse. . . . For further discussion on th i s proposa 1 you may reach me at telephone 407/ 496-3858 or 407/734-8642. Sinc~ ~~ W ~/.# .~ -" ~Pt. Dane L~ Hark Stillwater Cruises 3400 Lakeview Blvd. . Delray Beach, Fl 33445. . . . . . . . -- MEMORANDUM DATE: JANUARY 17, 1991 TO: DAVID KOVACS, DIRECTOR, PLANNING & ZONING THRU: STAN WEEDON~ FROM: PAT CAYCE ff/ SUBJECT: HPB'S RECOMMENDATION TO P&Z REGARDING THE EXCURSION BOAT AT PALM SQUARE At its meeting wednesday, January 16, 1991 the Historic Preservation Board considered the following two items in connection with the proposed excursion boat. (1) Conditional use for commercial passenger loading area and boat ticket sales at Palm Square. The Board did not recommend the conditional use. It was a consensus that an excursion boat was a suitable commercial venture to attract people to downtown Delray but that its location, adjacent to a residential area within the Marina Historic District, was inappropriate. Two residents ot the Marina spoke against the conditional use: Alieda Riley, 65 Palm Square Kevin Scanlan, Marine Way The two attached letters, also against, were read into the record. Speaking in favor ot the conditional use: Richard Rabb, 50 Palm Square (2) Rezoning from RM to CF on approximately 0.13 acres in order to accommodate parking tor commercial uses. The Board recommended that the above property be rezoned to accommodate parking_ If was felt that additional parking was currently needed in Palm Square and that when the Patio Restaurant site i. developed additional parking would be a necessity. c: Janet Meeks -_.,--~ . MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: PROPOSED SIGN CODE CHANGES -- DATE: APRIL 9, 1991 ITEM BEFORE THE COMMISSION - - Presentation on the existing Sign Code and a list of proposed changes to the Sign Code by the Communi ty Improvement Director. Ci ty Commission consideration of and direction on changes is required. BACKGROUND: The City's existing Sign Code was developed initially in the early 70's. Since then, there has been one major amendment to the code, which occured in 1986 and other amendments that were made a part of the development and approval of the Land Development Regulations (LDR's). The City Commission has expressed some concerns with the existing code as it relates to providing adequate signage to businesses. We have also received several recommendations and comments from local sign contractors and area businesses to amend the code to accommodate additional signage, consider the existing height limitations imposed through the code, consider set-back requirements and the City's ability to further streamline the approval process. We would propose that the City Commission provide us with a consensus on the Statement of Purpose for the Sign Code, in particular, the Commission's visions and goals that the Sign Ordinance is designed to achieve. In some cases, creative solutions will be necessary to address some of the concerns, i.e. murals, odd-shaped properties, historic neighborhoods, etc. We will address and provide staff recommendations to some of the concerns as part of this presentation. Each of the changes are identified within the attached document. RECOMMENDATION: The City Commission is asked to consider proposed amendments as presented by staff to the existing Sign Code, provide direction regarding nonconforming signs and direct staff to submit all proposals through the SPRAB and P&Z boards prior to City Commission formal approval. LB:DQ Attachments LB6 Signs.LB ~ /;;;. PROPOSED ISSUES AND PROPOSED SIGN CODE AMENDMENTS CITY COMMISSION WORKSHOP MEETING APRIL 16, 1991 The following proposed sign code changes and policy issues represent some of the changes that were discussed and originally proposed through meetings held in 1989 with local sign contractors and staff. We have also incorporated changes that appear to reflect consensus positions from the Commission. 1 . POLITICAL SIGNS: We would recommend maintaining current language within the existing code but add that candidates, when filing for election, be given a copy of the code governing "political signs" and that a bond in the amount of $100 be posted with the City. We would further recommend that the bond be refundable if all temporary political signs are removed within the 10-day requirement following the election. 2 . FLAGS: 0'1- CURRENT CODE: Three (3) flags are permitted to be flown simultaneously with the flags being designated as one (1) U.S. flag, one (1) of another nation and either a State or Municipal flag. PROPOSED CHANGE TO CODE: We would recommend the code be changed to allow three (3) flags which may consist of an American, Municipal, State or another Nation but that three (3) of the same flag types may not be flown simultaneously. 3 . NOSTALGIC SIGN CODE LANGUAGE: - - oK.. CURRENT CODE: No current language exists. Nostalgic signs are considered as a waiver to the sign code and require a public hearing for consideration. PROPOSED CODE CHANGE: We would recommend amending the sign code to provide for recommendations to the City Commission on designations for Nostalgic Signs by the Historic Preservation Board with the inclusion of criteria for designations being signs that have a historic or nostalgic appeal and were unique designs constituting expression of art rather than simple advertising or one which serves a public purpose. Language regarding required maintenance standards of such signs should be included. Page 3 Proposed Sign Code Amendments City Commission Workshop Meeting April 16, 1991 OTHER POLICY DIRECTION ITEMS: O~ 1. NONCONFORMING SIGNS TO BE REMOVED BY JULY 10, 1991 We have attached the list of all nonconforming signs that are pursuant to Section 4.6.7 (H) required to removed by July 1991. Most of these signs are located in areas that have been annexed into the Ci ty over the past two (2) years. The list identifies the type of nonconformity. There are three (3) main violations that appear to be _ common -- signs in violation of setback requirements, signs in excess 7 of the 18' height limitation and those that have an excess number of signs. We would recommend allowing a two (2) year amoritization period for businesses to comply with code requirements for properties annexed into the City since 1985. All other nonconforming signs should be made to comply immediately. The treatment of billboards is a separate issue. We have attached a copy of Palm Beach County's Code, which prohibited billboards and how they have elected to eliminate existing billboards. The City Attorney's guidance will be necessary on this matter. 2. SETBACK ISSUES: The Commission may wish to discuss changes to the setback requirements on free-standing signs. The Commission has considered twenty-one (21) requests for waiver to the Sign Code since August 1990, thirteen (13) of which were waivers to setback requirements. There are provisions within the code to locate signs within the 10' setback and up to the property line; however, the code is structured to encourgage the use of smaller signs (monument signs) to do so. I've attached a listing of these waivers for your reference. Allowing larger signs within the 10' setback may be a consideration of this Commission. Staff needs direction on this matter. 3. BANNER SIGNS: We currently provide for the use of banner signs during grand opening celebrations for newly-opened businesses. The code limits the size, colors to be used and restricts the number of weeks the banner can be up. There are constant requests from businesses to use banners for special event activities. Other communities do have provisions that allow banners with special event activities. The Commission should provide staff direction as to whether or not they wish to consider any changes to the code on the use of banners. LB6 Signs2.LB SIGN CODE WAIVER REQUESTS - AUGUST 1990 - APRIL 1991 - - DATE BUSINESS WAIVER REQUEST 8/90 Bennett Auto Setback 298 NE 6th Ave Saturn Free-standing sign size 2850 S. Federal Hwy Mobil Flat wall sign size 1001 S. Congress Ave Costco Flat wall sign size 500 Linton Blvd Bill Wallace Setback Linton Blvd. Dennis Fronrath Setback 310 SE 6th Ave Linton Square Setback Congress Ave 9/90 Mt. Olive Setback NW 4th Ave 10/90 Abbey Delray Add'l subdivision/entrance sign s. Congress Ave Reviewed again 1/91 World's Best Burger Setback 550 NE 6th Ave Reviewed again 12/90 11/90 La Pinata Setback 1920 S. Federal Hwy 1550 Building Setback N. Federal Hwy 12/90 Health Care Setback w. Atlantic Ave Tomelleri Signs in right-of-way Dixie Blvd 1/91 Bait & Tackle Mural N. Federal Hwy o.c. Taylor Setback and number of signs 700 NE 6th Ave 2/91 Rod and Gun Setback w. Atlantic Ave 3/91 O.C. Taylor Number of signs 600 SE 5th Ave Porter Paint Nostalgic designation 650 NE 6th Ave BILLBOARDS Palm Beach County, Florida, amortizes prohibited, nonconforming off-premise billboards by the length of time the sign has been in existence: Those off-premise signs that have been in existence for three (3) or less years--shall be removed eight (8) years from the official amortization date. Those off-premise signs that have been in existence for five (5) to three ( 3) years--shall be removed six ( 6) years from the official amortization date. Those off-premise signs that have been in existence for seven (7) to five (5) years--shall be removed four ( 4) years from the official amortization date. Those off-premise signs that have been in existence for seven (7) or more years--shall be removed two (2) years from the official amortization date. _ :r J! -<: '.- j .. I .. ~ 3 -s. S .! ~a~ 'It j la."i ~ I - .. Iii ;~-l ;i~ ~16 ~:E~ -0---" - II 1111 - - - B .. - 0--. ~~o.g ~ II ~=1!!i II i I ~E~! ~11_~ ~lill::: ~... l' ~.!::elt-I l; . ;:111 II.~-;. 1t1t1l1 ~-t;;~ ~ ~ ~""e .: 'j 'l5 -=J5~1.! 6'- - 0 0 i ~t ~.. 5 :i j ; ~ ! '0 1t'8 i 3 f:o ill flIl .- III.. .;: lIa;~ z: 0 .= ~-'i::; o ~ ~:i .1I[!1 ~ j I is -. ~ u - '~ d Hi H I ~ I I I I 1 I I H n I I .~ e .8 Cl -! G :! < < < :!! < < < < ::!! < < < < < < < < "'--.1 - - - ";: ill '- E C - 2 0'" E-..... :;; ....;;.. tI').;;..l'< .;;. .;.. .... .....~ 5~ - ~ ~ ~ - C:.A; tIJ.A; Ai Ai ~~.. z:a..~ !.. ee 1'.. ........ ~ ,,~ o~ ~ z " N... - ~ 0 ~ r..;~ 6: :E 0 rw ~ sl - ".b ~~.]8l! .j . il! JJ ~I~~ ~ J !5 :: i= 0 ~ :r ! ~ S ~ f:2 ~ j -; - -: ~ i j ~ .8 i Id I ~" 5 ] ~ ~ ~ a :g ~ ~ E- ~ ;g ~ ~ ~ i ! ~ ~ ~ ~] I' · '.' - 6j..-~ j.H!~~j'! ~j !-.; .8!~a~i g ~" b:: ~ ~ ~ II t; a I I' S S ] .. ! !' J .~ < c.. -~tI') -! -lu ~ ~ 0;- 0 ~: ~ ~ < C t:Jf- 0 tI') . C :r: tIJ z r.:3 o -;; tI') z = 0 1_= S=] c:I ~.- tI') 0 ~.; N I ,., ~ ':!!I .; e t- U -<: C ~ " 0,.., II 8 N I...,. - · b ' I~ - i !. ~ · - ~ e C _ ~.=.;! ~~.:~~ ~.!'~5i.: .=..J; J .!'....l~=.=.:.. .. ~~"i~ ~ Z ~ e .; ~ 0 E .; :J ~ t:.. e 3 1 ~ . I'; < & ~ 3 l'< II! .a 1 .; .; ... '": '": - 1 ! Ii .- ,At ~ I~, ~ - I~ I . - - 0 ~ .- i' 2 If I. ~ If - - -= . I . I. i' i' . ." 0 ::I E::: --- ~ R t ~ ~ ~I iii Ii ~.! r4 - R R 2 ~ 0- .! '8 JI I ~ ~ ~ ~ 0 i' ~" g- tI') ..< R z< ~~tI')<-oll;:r'"S 1-< '"S!i8-~ sa"j~ ... o tI') ~g- V) ~i'-~i -~1 ~ E- z - tIJ -0 ~ --8ss :a u Z - 0 ..J. 0 J 8..2 t.IJ Z UJ 0 z .... ~ 0 1- c:r: - ~ c.. Vi < :,R.i<.o -S o E-- U. ~ 6 0 .. Z I .- ..J U 0 o~]t.:J: Ii : I :" I " ~ tIJ -.; g l: ~ ..J I.~ ~ .; ~ c:r: ~ ~ ~ < ~ ~; :g ~I ; i f .::- ;> "-od. tI')- -~ -.a - · -..J- .8'! !.,! ~ Co tIJ ~ ~ ji' ~ t.tJ J ~ i ~ ~ ~ 1 II II ~ ~ ~ l l R S i 1 i e o - .2~ ~ ~"":I I8.U -. !E. I! 8 z 0 UJ B~!O 0 g::%: 8 8 e. 8 6 - o t.tJ z Slli5c:r: ~::.J 8 a - z ~ ~-~ ~ e tI') 0 ::J..... ~- '" N ~ 0 0 Q f::' ":!" c: !'"",!' ::!' ~u!'. J ! f : '" ........ ..J.!! .- c:r:.!i .!: _ .!!: - - - ~.. I ::.. - - tlO G:i' <~ '0 o~ ~~o~ "3 'j 11~:! ~ "':: ~ c: ........ E= 0 ~ t::... 0 .., ~ It. R 5 5 - ..! z! ~ ~ Q. -;s i = 9 ,.., .; .- ~ z ~ =; i o! =; ~ i 0 i~ =; i i r ~ 0 I~ ~ I; I '0 g ! i ! ~ i ] ~ t.:J ~ CL. Z ~ c.. ::.. Z ~ :z.. :z..!!::" Z ~ =- R' r;-'~ :l...:J u..5:z.. ... '" 0 ~ ~ I~I-;::l-:; ............ ~ "" 1-,:...,..., ...... - ~ '" . 5 ..... ~ e Z '..!I el ~ Z ..!- e ~ :::. Z I..! I~ ~ ~ e U ~ ~ 0 0 0 ~ ~ ex: tI') tI') :r. tI') '-- _ _ . NONCONFORMING SIGNS !Q BE REMOVED JULY 10. 1991 BUSINESS NAME SIGN TYPE VIOLATION -- ANNEXED SIGNS ALL STATE INSURANCE CO. Flat Wall Two off premises signs 4989 W. Atlantic Ave. ASTOR SWIMWEAR OUTLET Flat Wall Two off premises signs 5001 W. Atlantic Ave. BARNETT BANK Free Standing 1. Height over 18 feet 4650 W. Atlantic Ave. (21' 5") 2. Sq. Ft. over 160. 3. Setback BOCA DELRAY ANIMAL HOSPITAL Free Standing Setback 14888 W. Atlantic Ave. BUSHEY'S RELIGIOUS SUPPLIED Free Standing Setback 2401 N. Fed. Hwy. CAPITAL BANK Free Standing l. Height over 18 feet 650 N. Congress Ave. (In excess of 26 ft.) 2. Setback CARLSON MOTEL Free Standing 1. Sq. Ft. over 160 1600 N. Fed. Hwy. 2. Setback CATER FURNITURE Free Standing Height over 18 feet 1640 N. Fed. Hwy. (In excess of 26 ft.) CHEVRON, BENNY'S Free Standing 1. Height over 18 ft. 1314 N. Fed. Hwy. (22 ft.) 2. Setback CHEVRON, BENNY'S Free Standing 1. Gas Pump Advertising 1314 N. Fed. Hwy. 2. Outdoor Display, excess signage CONSOLIDATED ELECTRIC SUPPLY Flat Wall Excess flat wall sign 3375 W. Atlantic Ave. CROWN LIQUORS Flat Wall Exceeds 15% of Bldg. Face 1330 N. Fed. Hwy. CYMBALS RESTAURANT Flat Wall 1. 1 excess flat wall sign 600 N.Congress Ave.#100 2. Rear sign over 9 sq. ft. DEL RATON TRAVEL TRAILER Roof Top Sign Roof Top Sign 1 3008 S. Fed. Hwy. DEL RATON TRAVEL TRAILER Free Standing 2 excess free standing signs 3008 S. Fed. Hwy. DELRAY OFFICE PLAZA Free Standing 1. Excess free standing 2. Setback DELRAY PAWN SHOP Fla t Wall Excess flat wall signs 2409 N. Fed. Hwy. DELRAY PAWN SHOP Free Standing 1. Setback 2409 N. Fed. Hwy. 2. Excess cabinets 3. Height over 18' (20' ) DELRAY SHOPPING CENTER Free Standing 1. Height over 18 ft. 1330 N. Fed. Hwy. (In excess of 26 ft.) 2. Sq. Ft. over 160 3. Setback DELRAY SQUARE Free Standing 1. Height over 18 ft. Cinema (20 ft.) 4809 W. Atlantic Ave. 2. Sq. Ft. over 160 3. Setback 4. Excess free standing DELRAY SQUARE Free Standing 1. Height over 18 ft. Dino's Pizza (In excess of 27 ft.) 4967 W. Atlantic Ave. 2. Setback Sign located on Mil. Tr. 3. Excess free standing DELRAY SQUARE Free Standing 1. Height over 18 ft. Main Tenant Sign (In excess of 27 ft.) w. Atlantic Ave. 2. Sq. Ft. over 160 3. Setback 4. Excess free standing 5. Off premises some tenant DELRAY SQUARE Free Standing 1. Height over 18 ft. Main Tenant Sign (In excess of 27 ft.) (Phar-mor) 2. Sq. Ft. over 160 Military Trail 3. Excess free standing/ Off premises tenants DELRAY SQUARE Free Standing l. Height over 18 ft. Ames (In excess of 27 ft.) Military Trail 2. Sq. Ft. over 160 3. Excess free standing DELRAY WEST PLAZA Free Standing 1. Height over 18 ft. Main tenant sign (In excess of 27 ft.) Atlantic Ave. 2. Sq. Ft. over 160 3. Setback on r-o-w 2 FLAGLER NATIONAL BANK Flat Wall 3 excess flat wall signs 4920 W. Atlantic Ave. FOUR SEASONS RESTAURANT Flat Wall Over 15% of bldg. face. 14820 S. Mil. Tr. FRANTIQUES Free Standing Setback 2213 N. Fed. Hwy. FROG LOUNGE Free Standing Height over 18 ft. (20' ) 1325 N. Fed. Hwy. GREAT WESTERN BANK Free Standing 1. Excess free standing 4999 W. Atlantic Ave. & sign over 50 sq. ft. Mil. Trail 2. Setback GREAT WESTERN BANK Military Trail Free Standing 1. Excess free standing sign 2. Setback GREAT WESTERN BANK Flat Wall 3 excess flat wall signs 4999 W. Atlantic Ave. GREEN GIANT GARDENS Free Standing Setback 4678 Wa. Atlantic Ave. GULFSTREAM TRAVEL Free Standing Setback 800 Palm Trail HARDCO AUTO BODY Roof Sign Roof Sign 15811 Gwenzel1 Ave. HOUSE OF APPLIANCES Free Standing 2165 W. Atlantic Ave. 1. Setback 2. 1 excess free standing HOUSE OF APPLIANCES Flat Wall 1. 1 excess flat wall 2165 W. Atlantic Ave. 2. Sign face exceeds 15% JENNINGS, RUSSELL Flat Wall 1 excess flat wall sign 705 Bond Way JONES, DAVID Free Standing 2170 W. Atlantic Ave. 1. Sq. Ft. over 160 2. Setback JEAN'S YARN WAREHOUSE Flat Wall 1. Off Premises Sign 2. Rear Sign over 9 sq.ft. KLEINS FURNITURE Free Standing 1. Excess free standing 14466 W. Mil. Trail 2. Out of business KRAZIES KUSTOM EMP. Flat Wall Exceeds 15% of Bldg. Face 4 DELRAY WEST PLAZA Free Standing 1. Height over 18 ft. Main tenant sign (In excess of 27 ft.) Military Trail 2. Sq. Ft. over 160 3. Setback DELRAY WEST PLAZA Under Canopy 13 signs over 4 sq. ft. W. Atlantic & Mil. Tr. DESCO HYDRAULICS Flat Wall Sq. Ft. over 15% of Bldg. 400 Gu1fstream Blvd. Face DINETTE SHOWCASE Flat Wall 1 Excess flat wall sign 14400 S. Mil Tr. DISCOUNT DRUGS #3 Flat Wall Sq. Ft. over 15% of Bldg. 1334 N. Fed. Hwy. Face DUNKIN' DONUTS Free Standing 1. Setback on r-o-w 4800 W. Atlantic Ave. 2. Sq. Ft. DUNKIN' DONUTS Free Standing Setback on r-o-w 4800 W. Atlantic Ave. Directional ECKERD Flat Wall 1 excess flat wall - logo 14828 S. Mil. Tr. ELYA'S FASHIONS Flat Wall 1 excess flat wall 14416 S. Mil. Tr. ENTERPRISE LEASING Free Standing Height over 18 ft. 2805 S. Fed. Hwy. (In excess of 26 ft.) EXECUTIVE MOTORCAR Free Standing 1. Height over 18 ft. 2626 S. Fed. Hwy. (In excess of 26 ft.) 2. Sq. Ft. over 160 3. Off Premise location 4. Setback FIDDLERS RESTAURANT Free Standing De1ray West Plaza 1. Excess free standing W. Atlantic Ave. 2. Setback FIRST UNION Flat Wall 2 excess flat wall signs 4899 W. Atlantic Ave. FIRST UNION Free Standing Setback 4899 W. Atlantic Ave. FLAGLER NATIONAL BANK Free Standing 1. Height over 18 ft. 4920 W. Atlantic Ave. (25 ft.) 2. Setback 3 15811 Gwenze11 Ave., UD LA JINK CHINESE RESTAURANT Flat Wall 1. Exceeds 15% of Bldg.Face 600 N. Congress Ave. 2. Off Premises signage LAKE IDA PLAZA Free Standing 1. Height over 18 ft. Congress Ave.fLake Ida (In excess of 26 ft.) Main Tenant Sign 2. Sq. Ft. over 160 3. Setback LE PETIT CHALET Free Standing Setback 2519 N. Fed. Hwy. LINTON CENTRE Roof Sign 2 real estate roof signs Tangelo Terr. LITTLE CAESAR'S PIZZA Flat Wall 1 excess flat wall sign 14530 S. Mil. Trail LLOYD'S TIRE CO. Flat Wall 5 excess flat wall signs 4735 W. Atlantic Ave. LLOYD'S TIRE CO. Free Standing Height over 18 ft. 4735 W. Atlantic Ave. LOCAL BEAUTY SUPPLY Flat Wall Rear sign exceeds 9 sq. ft. 4979 W. Atlantic Ave. MAURY'S TOOL CHEST Free Standing Setback 2210 N. Fed. Hwy. MOBIL Free Standing 1. Height over 18 ft. 4970 W. Atlantic Ave. (19 ' 5") 2. Setback PARK AVE. LIMOUSINE Free Standing Excess free standing sign 2715 S. Fed. Hwy. PARK & JEWELRY PLACE Free Standing Height over 18 ft. 2715 S. Fed. Hwy. (20' 10") PETER PAN GIFTS Free Standing 1. One excess sign 1731 N. Fed. Hwy. 2 Excess sign cabinets 3. Height over 18 ft. (19') PETER PAN GIFTS Flat Wall Excess flat wall signs 1731 N. Fed. Hwy. PIP PRINTING Flat Wall 1 excess flat wall 14860 Mil. Tr. PUBLIX 4771 W. Atlantic Ave. Flat Wall Exceeds 15% of Bldg. Face 5 QUALITY LIGHTING Free Standing Height over 18 ft. (20 ft.) 2801-2803 S. Fed. Hwy. RADIO SHACK Flat Wall 3 off premises signs on 4947 W. Atlantic Ave. tower RADIO SHACK Flat Wall Rear sign exceeds 9 sq. ft. 4947 W. Atlantic Ave. RINKER MATERIALS CORP. Free Standing 2 free standing signs over 1700 W. Atlantic Ave. 18 ft. (26 ft. +) SAFEWAY SELF STORAGE F1a t Wall 2 excess flat wall signs 551 S. Congress Ave. SECURITY STORAGE Flat Wall Excess signs south elevation 189 Linton Blvd. west elevation SCOTTY'S Free Standing 1. Height over 18 ft. 4840 W. Atlantic Ave. (In excess of 26 ft.) 2. Sq. Ft. over 160 3. Setback on r-o-w SECURITY STORAGE Flat Wall Exceeds 15% of bldg. face 2900 Georgia St. SECURITY STORAGE Free Standing Off premise free standing 2900 Georgia St. SEVEN-ELEVEN Free Standing Height over 18 ft. 2881 S. Fed. Hwy. (23-1/2 ft.) SHERWOOD PARK LAUNDRY Flat Wall 1 excess flat wall sign AND DRY CLEANERS 1051 S. Congress SHOPPES OF DELRAY Free Standing 1. Height over 18 ft. 14440 S. Mil. Tr. (27 ft.) Main Tenant Sign 2. Sq. Ft. over 160 3. 2 excess F.S. signs SHOPPES OF DELRAY Free Standing 1. Sq. Ft. over 160 14440 S. Mil. Tr. 2. Setback Dinette Showcase 3. 2 excess F.S. signs 4. Height over 18 ft. (20 ft.) SHOPPES OF DELRAY Free Standing 1. Height over 18 ft. 14440 S. Mil. Tr. (27 ft.) Miller Paint 2. Sq. Ft. over 160 3. 2 excess F.S. signs 6 STANDARD CONCRETE Free Standing 2 Free standing signs 231 NW 18th Ave. Height over 18' (26'+) STOP N GO Free Standing 1. Height over 18' (22'3") 3321 W. Atlantic Ave. 2. Setback SUPER FURNITURE Free Standing 1. Setback - 2 signs 1551 N. Fed. Hwy. 2. Height over 18 ft. Eastview Ave. (Super Dinette) (22 ft.) (Fed. Hwy.) TACO BELL 1/3844 Free Standing l. Height over 18 ft. 4850 W. Atlantic Ave. (22 ft.) 2. Sq. Ft. over 160 3. Setback TACO BELL 1/3844 Free Standing l. Height over 5' (12'3") 4850 W. Atlantic Ave. 2. Sq. Ft. over 6 TACO BELL 1/3844 Free Standing Excess free standing sign 4850 W. Atlantic Ave Menu Board Menu Board TACO BELL 1/3844 Flat Wall 2 excess flat wall signs 4850 W. Atlantic Ave. TARMAC FLORIDA, INC. Free Standing 2 free standing signs over 1300 S. Swinton Ave. 18 ft. TADPOLE LOUNGE Free Standing 1. Height over 18 ft. 2515 N. Fed. Hwy. (In excess of 26 ft.) 2. Setback 3. Sq. ft. over 160 TRADEWIND POOLS & SPAS Free Standing Off Premises 2703 S. Fed. Hwy. TRADEWIND POOLS & SPAS Flat Wall Exceeds 15% of bldg. face 2703 S. Fed. Hwy. West elevation TRADEWIND POOLS & SPAS Flat Wall Excess flat wall sign 2703 S. Fed. Hwy. North elevation TRAILS END PLAZA Free Standing Setback 14466 S. Mil. Tr. TRUMAN SAVINGS Flat Wall 2 off premises signs 4975 W. Atlantic Ave. TRUMAN SAVINGS Flat Wall Rear sign exceeds 9 sq. ft. 4975 W. Atlantic Ave. VIKING ENGINEERING Free Standing Setback 1601 N. Fed. Hwy. 7 WAG'S RESTAURANT Free Standing Height over 18 ft. (20'5") 4525 W. Atlantic Ave. WICKER OUTLET Free Standing Setback 1405 N. Fed. Hwy. WINGS N THINGS Flat Wall 1 excess flat wall sign 14803 S. Mil. Tr. WINN DIXIE 11344 Flat Wall Exceeds 15% of bldg. face 600 N. Congress Ave WINN DIXIE Flat Wall Exceeds 15% of bldg. face 14824 S. Mil. Trail NONCONFORMING SIGNS INCLUDING THOSE MADE NONCONFORMING BY ORDINANCE ENACTED JULY 10, 1986 DELRAY COMMERCIAL CENTRE Free Standing Setback 935 S. Congress Ave. DELRAY LINCOLN MERCURY Free Standing l. Height over 18 ft. 2102 S. Fed. Hwy. (25 ft.) 2. Sq. ft. over 50 (190 sq. ft.) DELRAY PLAZA Free Standing Height over 18 ft. (25') 2275 S. Fed. Hwy. FLORIDA POWER & LIGHT Flat Wall Extends over 8" from wall SE 10 St. & Dixie PORTER PAINTS Roof Sign Extends over roof line 650 N. Fed. Hwy. R.O. PRIEST Projecting Projects more than 3' 814 E. Atlantic Ave. TOYOTA Free Standing Height over 18 ft. (25') 2001 S. Fed. Hwy. SIGN TO COME INTO CONFORMITY PER CITY COMMISSION APPROVAL 12/27/89 DELRAY COMMERCIAL CENTRE Free Standing Setback 935 S. Congress Ave. SIGN MADE NONCONFORMING BY ORDINANCE ENACTED DECEMBER 1975 PRIEST, R.O. Projecting Projecting over 3 ft. 814 E. Atlantic Ave. 8 BILLBOARDS 2 N. Congress Ave, Delray Concrete Abutting N. Congress Ave. & NW 2nd St. W. Atlantic Ave. & NW 18th Ave. 2170 W. Atlantic Ave., adjacent to David Jones Construction 3333 W. Atlantic Ave, adjacent to Delray Concrete Products 4760 W. Atlantic Ave. 4970 W. Atlantic Ave, Mobil 3008 S. Fed. Hwy., De1raton Travel Trailer 3416 S. Fed. Hwy., Orange Royal 3008 S. Fed. Hwy. 1191 N. Fed. Hwy., Sir Speedy 2210 N. Fed. Hwy., Maury's Tool Chest 2213 N. Fed. Hwy., Frantiques Poinsettia Dr., Facing 1-95 BENCHES 2703 S. Fed. Hwy., AAA United Pest Control 3000 S. Fed. Hwy., Absolute Ins. Co. 3416 S. Fed. Hwy., Orange Royal Military Trail, Delray West Plaza, McDonalds Military Trail & W. Atlantic Ave. NE corner, Podiatry Military Trail next to Ames, Sun Valley 14440 S. Military Trail, AAA United Pest Control 14624 S. Military Trail, Hess 4525 W. Atlantic Ave., Sun Valley 4665 W. Atlantic Ave., Wings & Things 9 4665 W. Atlantic Ave.t Sun Sentinel 4723 W. At1antict Rehab & Therapy 4920 W. Atlantic Ave.t Jazzercise PROPOSED ANNEXED PROPERTIES 2/91 AMERFIRST Free Standing 1. Height over 18' 14743 S. Mil. Tr. 2. Setback AMERFIRST Flat Wall 2 excess flat wall 14743 S. Mil. Tr. AMERIFIRST Flat Wall Accessory use sign over 10 14743 S. Mil. Tr. sq. ft. BP Free Standing Setback for Mi. Tr. Sign 5010 Mil. Tr. BP Flat Wall 3 excess flat wall signs 5010 Mil. Tr. BP Free Standing 8 tank top signs prohibited 5010 Mil. Tr. BP Directional Over 6 sq. ft. 5010 Mil. Tr. BP F1a t Wall 2 Car Wash signst exceeds 5010 Mil. Tr. 10 sq. ft. CARPETEXPO Flat Wall Excess flat wall sign 14565 Mil. Tr. CHARTER SAVINGS Free Standing Setback in r-o-w 14565 Mil. Tr. Directory Sign CHARTER SAVINGS F1a t Wall 1 excess flat wall 5300 W. Atlantic Ave. DEL RAY BEACH DISCOUNT LIQUORS Flat Wall Excess flat wall sign 14641 Mil. Tr. DELRAY LIGHTING Flat Wall Excess flat wall sign 5155 W. Atlantic Ave. EXECUTIVE SQUARE Free Standing l. Setback 5300 W. Atlantic Ave. 2. Sq. Ft. Sign Face EXECUTIVE SQUARE Free Standing Excess wall sign 5300 W. Atlantic Ave. 10 FIDELITY FEDERAL SAVINGS Free Standing 1. Height over 18 ft. 5017 W. Atlantic Ave. 2. 2 excess sign faces FIDELITY FEDERAL SAVINGS Free Standing 1. Height over 18 ft. 5017 W. Atlantic Ave. 2. Setback (Military Trail) 3. Excess shopping ctr.sign FIDELITY FEDERAL SAVINGS Flat Wall 1 excess flat wall sign 5017 W. Atlantic Ave. FIRESTONE Flat Wall 5 excess flat wall signs 5190 Mil. Tr. FIRESTONE Free Standing 1. Setback 5190 Mil. Tr. 2. Sq. ft. over 160 3. Height over 18' FRANKEL'S Flat Wall 1. 1 excess flat wall sign 14555 Mil. Tr. 2. Over 15% of bldg. face GREAT WESTERN Free Standing 1. Height over 18' 5061 W. Atlantic Ave. 2. Setback HOUSE THINGS Fla t Wall 1 excess flat wall sign 15445 Mil. Tr. J. BYRONS Flat Wall 2 excess flat wall signs 14595 Mil. Trail K MART Flat Wall Excess flat wall sign 14539 Mil. Trail MARKETPLACE Free Standing 1. Over 6 Sq. Ft. W. Atlantic Ave. Directory 2. Over 5' height MARKETPLACE Free Standing 1. Height over 18 ft. Military Trail 2. Sq. ft. over 160 Main tenant sign 3. Setback MARKETPLACE Free Standing 1. Height over 18 ft. Atlantic Ave. 2. Sq. ft. over 160 Main tenant sign 3. Setback MARKETPLACE Free Standing 1. Height over 18 ft. 14641 Mil. Trail 2. Sq. ft. over 160 De1ray Discount 3. Setback Liquors 4. Excess free standing (Barber) 5. Snipe sign MCDONALD'S Free Standing 1. Height over 18 ft. 14529 S. Mil Tr. 2. Sq. ft. over 160 3. Excess shopping ctr.sign 11 MCDONALD'S Free Standing l. Sign face over 6 sq.ft. 14529 S. Mil. Tr. Directional 2. Over 5' height MCQUICK Free Standing l. Height over 18 ft. Mil. Trail 2. Setback PERFECT VISION F1a t Wall Excess flat wall 14565 Mil. Tr. PONDEROSA Flat Wall Abandoned sign 14701 W. Atlantic Ave. PONDEROSA Free Standing Abandoned sign 14701 W. Atlantic Ave. STEIN, R., D.D.S. Flat Wall 1 excess flat wall sign 5175 W. Atlantic Ave. TEXACO Flat Wall 3 excess flat wall signs Military Trail Pump Signs 2 advertising signs TEXACO Free Standing l. Height over 18 ft. Military Trail 2. Sq. ft. over 160 3. Setback BENCHES: Mil. Tr., next to K Mart, Wings N Things NE corner of W. Atlantic Ave. & Mil. Tr. (Dr. Shaff) W. corner W. Atlantic & Military (Carroll Chiropratic) ADDITIONAL ISSUES TO BE DISCUSSED: Signs not included are those made nonconforming by the road widening at Congress Ave. and Linton Blvd. Staff recommendation is not to enforce removal until such time as the road is additionally widened. A policy needs to be established for those nonconforming signs which are annexed and brought into the city after the conformity date of July 12, 1991. 2/7/91 12 . . , Agenda Item No.: AGENDA REQUEST Date: 4/10/91 Request to be placed on:' Regular Agenda Special Agenda X Workshop Agenda When: 4/16/91 Description of agenda item (who. what. where. how much): Proposed Sign Code Amendments ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Commission consideration Department Head Signature: ~Aa_ ~~ / 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: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @/ NO~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING - APRIL 16 , 1991 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM AGENDA 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. Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the First Floor Conference Room at 6 P.M. on Tuesday, April 16, 1991. This meeting has been called for the purpose of considering the following: 1. Award the Contract for the Sale of 1990 Water and Sewer Revenue Bond Issue/Resolution No. 29-91. 2. Fourth of July Celebration. Consider a Guaranty Agreement between the City and Dan Burns which guarantees funding from private citizens, up to $25,000, to pay for fireworks for the Fourth of July celebration. 3. Presentation by CH2M Hill on Value Engineering Results with regard to the Excess Lime Softening Project/Approval of Amendment to Service Authorization No. 5 for additional engineering services resulting from Value Engineering recommendations. 4 . Civil Engineering Services Contract. Select additional firms and authorize staff to negotiate and award contracts for Civil Engineering services. fk-" 'l!kllufn #tUJ1;- Alison MacGregor Harty - City Clerk WORKSHOP AGENDA 1. Discussion relative to request for Conditional Use Approval to establish a commercial passenger loading area and boat ticket sales on the east side of Palm Square, just south of East Atlantic Avenue. ,. 2. Presentation on the Existing Sign Code and Recommendations for Revisions. 3. Commission Comments. . . M E M 0 RAN DUM TO: David T. Harden City Manager FROM: Joseph M. saffo~ Director of Financ~ SUBJECT: Agenda Request for Special Meeting of April 16, 1991 Regarding Award of Sale of 1991 Water and Sewer Revenue Bonds DATE: April 11, 1991 The Agenda Request for the awarding of the sale of the 1991 Water and Sewer Revenue Bonds for the Special City Commission Meeting of April 16, 1991 is being made for the following reason(s): To determine certain details of the Water and Sewer Revenue Bonds, Series 1991, and to authorize the execution and de- livery of the Bonds; to approve the form of and authorize the execution of the Official Statement relating to the Bonds; to appoint Barnett Banks Trust Company as Paying Agent and Registrar; to approve the Bond Purchase Agreement relating to the Bonds between Smith Barney, eta1; and to provide for an effective date. The actual Bond Resolution will be made available to the City Commission prior to their Special Meeting as it is still being drafted by our Bond Counsel at this time. /sam cc: Rebecca S. O'Connor, Treasurer $pI, . [IDmD1~lf2 f.\.pr'L 10, IC(~' $ CITY OF DELRAY BEACH, FLORIDA WATER AND SEWER REVENUE BONDS SERIES 1991 A AND SERIES 1991 B BOND PURCHASE AGREEMENT April _, 1991 Honorable Mayor and Members of the City commission of the City of Delray Beach, Florida 100 N.W. First Avenue Delray Beach, Florida 33444 Gentlemen: The undersigned, Smith Barney, Harris Upham & Co. Incorporated (the "Representative"), acting on behalf of themselves and,4Smith, Mitchell & Associates, Inc., Bear Stearns & Co, Inc. and Southeastern Capi tal Group, Inc. ( collectively, the "Underwriters"), offer to enter into this Bond Purchase Agreement ("Agreement") with the City of Delray Beach, Florida (the "City"), which, upon the acceptance of this offer and the execution of this Agreement by the City, shall be in full force and effect in accordance with its terms and shall be binding upon the City and the Underwriters. All capitalized terms herein not otherwise defined shall have the meanings ascribed to such terms in the Official Statement (as hereinafter defined). The Representative has been duly authorized to execute this Agreement and has been duly authorized to act hereunder by and on behalf of the other Underwriters with respect to all matters related to the sale and delivery of the city's Water and Sewer Revenue Bonds, Series 1991 A (the "Series A Bonds") and its Water - and Sewer Revenue Bonds, Series 1991 B (the "Series B Bonds"). The Series A Bonds and the Series B Bonds have been judicially validated under separate validation proceedings and are being . jointly offered for sale to the public as one issue. Accordingly, the Series A Bonds and the Series B Bonds are hereinafter referred to as the "1991 Bonds". This offer is made subject to your acceptance and execution of this Agreement on or before 11:59 p.m., Eastern standard time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Underwriters upon written notice delivered by the Representative to the City at any time prior to the acceptance hereof by the City. 1 . Purchase of Bonds. Upon the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriters hereby jointly and severally agree to purchase from the City for offering to the public all (but not less than all) of the aggregate principal amount of the 1991 Bonds, and the City hereby agrees to sell to the Underwriters all (but not less than all) of the 1991 Bonds at a purchase price of S (taking into account original issue discount on certain of the 1991 Bonds in the amount of S ), (the "Purchase Pricell), plus accrued interest on the 1991 Bonds from April 1, 1991 to the day of Closing (hereinafter defined), payable to the City in New York Clearinghouse Funds, except for the portion of the Purchase Price representing the premium for the municipal bond insurance policy (the "Policy") to be issued by~AMBAC Indemnity Corporation ( "AMBAC" or the "Bond Insurer") which shall be payable in immediately available funds. The Underwriters agree to make a bona fide public offering of substantially all of each maturity of the 1991 Bonds to the public at initial public offering prices set forth in the Final official Statement (as hereinafter defined); provided, however, that the Underwriters reserve the right to make concessions to certain dealers, certain dealer banks and banks acting as agents and to change such initial public offering prices as the Underwriters shall deem necessary in connection with the marketing of the 1991 Bonds. 2. Good Faith Deoosit. Delivered to the city herewith, as a good faith deposit, is a corporate check of the Representative payable to the order of the city in the amount of S bein a roximatel one ercent 1% of the rinci al amount of t e 1991 Bon s, as secur1ty for the performance by the Un erwr1 ers of their obligation to accept delivery of and to pay for the 1991 Bonds at Closing in accordance with the provisions hereof. In the event that the City accepts this offer, said check will be held uncashed by the City as a good faith deposit. At the Closing, the check shall be returned to the Representative. In the event the City does not accept this offer, the check shall be immediately returned to the Representative. If the Underwriters fail (other than for a reason permitted hereunder) to accept delivery of and pay for the 1991 Bonds at the Closing as provided - herein, the check may be cashed by the ci ty and the proceeds 2 retained by the city as and for full liquidated damages for such failure and for any and all defaults hereunder on the part of the Underwriters, and the retention of such amounts shall constitute a full release and discharge of all claims and damages for such failure and for any and all such defaults hereunder on the part of the Underwriters. The City understands that in such event the City's actual damages may be greater or less than such sum. Accordingly, the City's acceptance hereof shall constitute a waiver of any right, claim or demand it may have to additional damages from the Underwriters and the Underwriters hereby waive any right to claim that the City's damages are less than such sum. In the event that the City fails to deliver the 1991 Bonds at the Closing, or if the City is unable at or prior to the Closing date to satisfy or cause to be satisfied the conditions to the obligations of the Underwriters contained in this Agreement, or if the obligations of the Underwriters contained herein shall be cancelled or terminated for any reason permitted by this Agreement, the City shall be obligated to immediately return the good faith deposit check to the Representative as and for full liquidated damages for such failure and for any and all defaults hereunder on the part of the City, and the return of the good faith deposit check to the Representative shall constitute a full release and discharge of all claims and damages for such failure and for any and all defaults hereunder on the part of the City. The Underwriters understand that in such event their actual damages may be greater or less than such sum. Accordingly, Representative's execution of this Agreement shall constitute a waiver of any rights the Underwriters may have to additional damages from the City and the city's acceptance hereof shall constitute a waiver of any right to claim that the Underwriters' damages are less than such sum. 3. The 1991 Bonds. The 1991 Bonds shall be as described in, and shall be issued and secured under and pursuant to, Resolution No. 39-88, adopted by the city commission of the City (the "City Commission") on July 12, 1988, as amended and supplemented by Resolution No. 46-88 adopted by the city commission on August 18, 1988 (the "1988 Resolution") as ~ari passu additional bonds on parity with the 1988 Bonds (as hereinafter defined). The Series A Bonds are authorized and issued pursuant to a series resolution adopted by the city Commission on April 24, 1990, as amended and supplemented (the "Series A Resolution"). The Series B Bonds are authorized and issued pursuant to a series resolution supplementing the 1988 Resolution adopted by the city commission on October 23, 1990, as amended and supplemented (the "Series B Resolution"). The Series A Resolution and the Series B Resolution are sometimes hereinafter referred to collectively as the "1991 Resolution" and the 1988 Resolution and 1991 Resolution are sometimes hereinafter referred to collectively as the "Bond Resolution". The 1991 Bonds shall be issued in accordance with the requirements of the - constitution of the state of Florida, Chapter 166, Florida 3 statutes, the City Charter of the City and other applicable provisions of law (collectively the "Act"). The 1991 Bonds shall mature on such dates, shall bear interest at such rates, and shall be subj ect to redemption as set forth in the Bond Resolution. PaYment of principal of, and interest on, the 1991 Bonds shall be insured by^AMBAC. In connection with the public offering of the 1991 Bonds, the Underwriters have delivered to the City a letter containing the information required by Chapter 218.385(4), of the Florida statutes which letter is in the form attached hereto as Exhibit E. It shall be a condition to the obligation of the city to sell and deliver the 1991 Bonds to the Underwriters, and the obligation of the Underwriters to purchase and accept delivery of the 1991 Bonds, that the entire aggregate principal amount of the 1991 Bonds shall be sold and delivered by the City and paid for by the Underwriters at the Closing. The term "Combined Public Utility" used herein refers to the existing water treatment and distribution system and the wastewater collection and disposal system owned and operated by the city, as described in the Final Official statement. The term "1991 Project" used herein refers to the acquisition and construction of improvements to the Combined Public Utility as described in the Final Official statement. The phrase "Rates and Charges" refers to the rates, fees, rentals and other charges for the use of the services and facilities of the Combined Public Utility. 4. Official statement. Prior to the time of acceptance hereof, the city shall have provided to the Underwriters A..sl preliminary official statement relating to the 1991 Bonds that the City deems final as of its date, except for certain information permitted to be omitted under 17 C.F.R. ~240.15c2-12 (the "Rule") (such preliminary official statement, together with the cover page thereof and all appendices attached-thereto, is herein referred to as the "Preliminary Official statement" and is attached hereto as Exhibi t A). At the time of or before the City's acceptance hereof, the City shall deliver to the Underwriters an executed original counterpart or certified copy of its Award Resolution authorizing the execution and delivery of this Agreement by the city. In addition, as promptly as practicable after the date hereof and in sufficient time to accompany any confirmation that requests paYment from any customer, but within not more than seven (7) business days after the date of execution hereof by the City, the City shall provide, at its expense, and deliver or cause to be delivered to the Underwriters as many copies of the final printed official statement (the "Final Official statement"), complete as of its date of delivery to the Underwriters and in form reasonably satisfactory to the Representative, as are reasonably necessary to enable the underwriters to comply with subparagraph (b)(4) of the Rule and to fulfill their duties and responsibilities under the applicable rules of the Municipal Securities Rulemaking Board.^ The city authorizes the use of copies of the Final Official statement in - connection with the public offering and sale of the 1991 Bonds. 4 The city also approves and ratifies the use by the Underwriters prior to the date hereof of the city's preliminary Official statement. The Underwriters hereby agree that they will not confirm the sale of any 1991 Bonds unless a final written confirmation of sale is accompanied or preceded by the delivery of a copy of the Final Official statement. The Representative shall give notice to the City on the date which is one day after the "end of the underwriting period" (as such term is defined in ~5 hereof) and the date after which the Underwriters no longer remain obligated to deliver Final Official statements pursuant to subparagraph~(4) of the Rule. 5. Amendments or Supplements to Official statement. From the date the Final Official statement is delivered to the Underwriters (but in no event later than seven (7) business days after the date hereof) and during the shorter of (i) 90 days from the "end of the underwriting period" (as hereinafter defined) or (ii) the time when the Final Official statement is available to any person from a nationally recognized municipal securities information repository (but in no case less than 25 days fOllowing the end of the underwriting period), (A) the city will not adopt any amendment of or supplement to the Final Official statement to which, after having been furnished with a copy, the Underwriters shall object in writingL or which shall be disapproved by Counsel to the Underwriters or Bond Counsel, in either case based upon such amendment or supplement containing a material misstatement of fact or a material omission of fact, and (B) if any event shall occur as a result of which it may be necessary, in the opinion of the City and the Representative, to amend or supplement the Final Official statement in order to make the Final Official statement not misleading in the light of the circumstances existing at the time it is delivered to a purchaser, the city shall, at its expense unless such event is a result of information rovided b the Bond Insurer or the Un erwr~ ers, ~n w ~c case t e c~ty and the Re resentative shall discuss and ne otiate such e ense, forthwith prepare and furn~sh to t e Un erwr~ ers, a reasonable number of copies of an amendment of or supplement to the Final Official statement (in form and substance satisfactory to the City and the Representative) which will amend or supplement the Final Official statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Final Official statement is delivered to a purchaser, not misleading. The term "end of the underwriting period" means the later of ~the date of Closing or M..Q.L the date on which the Underwriters do not retain, either directly or as a member of an underwriting syndicate, an unsold balance of the 1991 Bonds for sale to the public. The Representative will notify the City promptly upon the occurrence of the event described in clause - ~ of the preceding sentence. The City will promptly notify the 5 Underwriters of the occurrence of any event of which it has knowledge, in its opinion, is an event described in clause (B) of theAfirst sentence of this ~5. The Underwriters agree to file the Final Official statement with at least two Nationally Recognized Municipal Securities Information Repositories ("NRMSIR") which have been designated as such by the Securities and Exchange Commission pursuant to the Rule not later than two business days after the date ofAflosing, and will furnish to the City the names and addresses of each NRMSIR receiving a copy of the Final Official Statement. The filing of the Final Official Statement with each NRMSIR shall be in accordance with the terms and conditions applicable to such NRMSIR. The City hereby agrees and covenants to furnish ongoing reports and information to the Underwriters as are reasonably requested and which are or may become customary in the industry for municipal obligations similar to the 1991 Bonds, and specifically to furnish to the Underwriters a copy of the City's audited final statements. The City further agrees and covenants to furnish to the Underwriters such other information as becomes available from time to time as under the requirements of clause B) of the first sentence of th~s ~5, wou ave een ~nc u e ~n e F~na 0 ~c~a Statement had the information been known at the time of preparation thereof or of the event from which the information arises had occurred. The obligations of the city contained in this paragraph shall terminate twenty-five (25) days after the "end of the underwriting period" (as defined in the preceding paragraph of this ~5). 6. Representations and Warranties of the City. The city represents and warrants to the Underwriters as follows: (a) As ofAthe time of acceptance hereof and at the time of Closing, the statements and information contained in the^ Official Statement (as defined below) and the Final Official Statement, as of their respecti ve dates, are and will be accurate in all material respects, and do not and will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. In addition, any amendments to the Final Official statement prepared and furnished by the city pursuant to ~5 hereof will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (b) As of its date, the Preliminary Official Statement was deemed "final" by the City for purposes of 1 7 C. F . R. ~ 240 . 15c2-12(b)(l) and as of the date hereof, the hand marked Official statement attached hereto as Exhibit B (and referred - 6 to herein as "Official statement") is deemed "final" by the City for purposes of 17 C.F.R. S240.15c2-12(b)(4). (c) When executed and delivered by the city in accordance with the provisions of this Agreement, the 1991 Bonds will have been duly authorized by the city, in the manner required under applicable law, executed, issued and delivered and will constitute valid and binding limited obligations of the City, enforceable against the city in accordance with their terms, in conformance with the Act and the Bond Resolution, such enforceability being subject to bankruptcy, insolvency, reorganization, moratorium or similar laws, relating to or affecting the enforcement of creditors' rights generally and to the exercise of judicial discretion in accordance with general principles of equity. (d) The adoption by the City of the Bond Resolution and the execution and delivery by the City of this Agreement, the 1991 Bonds, and all other documents executed and delivered by the city in connection with the issuance of the 1991 Bonds (collectively, along with the Bond Resolution, the "Bond Documents") and the compliance by the City with the provisions thereof will not in any material respect conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, any agreement or other instrument to which the city is a party or by which the City is bound, or any existing law, administrative regulation, court order or consent decree to which the City or its property is subject. (e) The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriters as the Representative may reasonably request, to (i) qualify the 1991 Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the united States of America as the Underwriters may designate and (ii) determine the eligibility of the 1991 Bonds for investment under the laws of such states and other jurisdictions and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the 1991 Bonds. This paragraph shall not, however, require the City to submit to the jurisdiction of a court of any state other than Florida, consent to the service of process in any iurisdiction or qualify to do business in any jurisdiction. (f) Between the date of this Agreement and the time of closing, the City will not execute any bonds, notes or other obligations for borrowed money, other than those the proposed issuance or incurring of which is referred to explicitly in theAOfficial statement, without giving prior written notice - thereof to the Representative. 7 (g) The city is, and will be at the date of Closing, duly organized and validly existing as a municipal corporation under the Constitution and laws of the state of Florida, with the power and authority set forth in the Act. (h) The City (i) has full legal power and authority to adopt the Bond Resolution; to execute and deliver this Agreement and the other Bond Documents; to issue, sell and deliver the 1991 Bonds; and to carry out and consummate the transactions contemplated by this Agreement, the Final Official statement and the other Bond Documents; (ii) has ~fullY complied with or will comply with as of the date of Closing all applicable provisions of law relating to such transactions; (iii) has duly authorized, approved and adopted the Bond Resolution, the execution, delivery and distribution of the Final Official statement and the taking of all such action as may be required on the part of the City to carry out and consummate the transactions contemplated by the aforesaid instruments; (iv) has in full force and effect all consents, approvals, permits or other actions by or filings with any governmental authority required for the execution and delivery by the City of this Agreement and the other Bond Documents, and for the performance by the City of the transactions contemplated thereby (except that the city makes no representations reqarding compliance with state Blue Sky laws or leqal investment laws or Federal securities law); (v) represents that from the time of acceptance by the city hereof through the date of the closing, except as contemplated by the AOfficial statement, the City will not incur any material liabilities, direct or contingent, or enter into any transaction that could adversely affect the transactions contemplated hereby or by the Bond Documents,fi(vi) represents that from the date of its acceptance hereof throuqh the date of Closing, except as contemplated by the Official Statement, there shall not have been any material adverse change in the condition, financial or physical, of the City or the Combined Public utility other than changes in the ordinary course of business or in the normal operation of the Combined Public utility operated by the City that could adversely affect the transactions contemplated hereby; and (vii) represents that the execution and delivery by the City of this Agreement, the 1991 Bonds and the other Bond Documents, the compliance by the City with the provisions thereof, and the carrying out and consummation by the City of its obligations under such documents and instruments will not conflict with or constitute a breach of or a default under any law, administrative regulation, court decree, instrument or agreement to which the ci ty is subj ect or by which the city is or any of its properties are bound. (i) Except as disclosed in theAOfficial statement, to the - best knowledge of the City, as of the date hereof, there is 8 no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or threatened against the City, affecting or seeking to prohibit, restrain or enjoin the levy, imposition and collection ofARates and Charoes as provided in the Bond Resolution or the sale, issuance or delivery of the 1991 Bonds or contesting or affecting the city's levy, imposition and collection of Rates and Charges as provided in the Bond Resolution, the validity or enforceability of the Act in any respect relating to authorization for the issuance of the 1991 Bonds or the adoption of the Bond Resolution, or contesting the exclusion from gross income for federal income tax purposes of interest on the 1991 Bonds, or contesting the completeness or accuracy of the Official statement or any supplement or amendment thereto, or contesting the powers of the city or its authority for the issuance of the 1991 Bonds, the adoption of the Bond Resolution, or the execution and delivery by the city of this Agreement. (j) The City will not take or omit to take any action which would adversely affect the exclusion from gross income of the interest on the Bonds under the Internal Revenue Code of 1986, as amended. (k) Any certificate signed by any official of the city and delivered to the Underwriters shall be deemed to be a representation and warranty by the City to each of the Underwriters as to the statements made therein. 7. Closino. On the terms and conditions set forth in this Agreement, the Underwriters shall purchase all (and not less than all) of the 1991 Bonds, and pay the Purchase Price of the 1991 Bonds, plus accrued interest thereon to the date of Closing, as set forth in section 1 hereof, and the city shall deliver the aggregate principal amount of the 1991 Bonds in the manner specified below. On , 1991 atA1:00 p.m., prevailing local time, or at such other place or other date or time as may be agreed upon by the parties hereto (the "Closing"), the city shall deliver the 1991 Bonds in definitive form (to be printed or lithographed on steel engraved borders) to the Underwriters, at a location designated by the Underwriters in New York, New York, registered in the names and in authorized denominations provided by the Representative (which names and denominations shall be spec~fied by the Representative not less than 2. days prior to Closing), bearing CUSIP numbers and duly executed and authenticated. The City hereby agrees that it shall make the 1991 Bonds available to the Underwriters at least 24 hours prior to Closing for inspection and packaging. simultaneously with such delivery of the 1991 Bonds, the Representative shall pay the Purchase Price to the City in the manner provided for in Section 1 hereof and the city shall execute and deliver the Bond Documents and other documents referred to in - section 8 hereof. The execution and delivery of the Bond Documents 9 and other Closing documents is to take place at the offices of Bond Counsel (hereinafter defined) located at 515 North Flagler Drive, suite 900, West Palm Beach, Florida. 8. Condi tions of Closino. The Underwriters have entered into this Agreement in reliance upon the representations and warranties of the city herein contained and the performance by the City of its obligations hereunder, both as of the date hereof and as of the time of Closing. The obligations of the Underwriters hereunder are subject to the following conditions: (a) At the time of the Closing, (i) the Bond Documents and any other documents deemed necessary by Bond Counsel in connection with the issuance of the 1991 Bonds shall be in full force and effect and shall not have been amended, modified or supplemented in any material respect prior to the closing, except as may have been agreed to in writing by the City and the Representative, and the City shall have duly adopted and there shall be in full force and effect the Bond Resolution and such additional resolutions, or ordinances or agreements as shall, in the opinion of Jeffrey S. Kurtz, Esquire, City Attorney of the City ("city Attorney"), Mudge Rose Guthrie Alexander & Ferdon, West Palm Beach, Florida, Bond Counsel ("Bond Counsel") and Wollett & Brady, Palm Beach Gardens, Florida, Counsel to the Underwriters (" Counsel to the Underwriters"), be necessary in connection with the issuance of the 1991 Bonds, (ii) the 1991 Bonds shall have been duly authorized, executed, authenticated and delivered, (iii) the representations and warranties of the city herein shall be true and accurate in all material respects, (iv) the Paying Agent shall have received the executed original Policy and (v) the city shall perform or have performed all obligations required under or specified in this Agreement to be performed at or prior to the Closing. (b) At the date of execution hereof and at the Closing, the Bond Resolution shall have been duly approved and adopted by the city, shall be in full force and effect, and shall not have been amended, modified or supplemented, except for the Award Resolution and to the extent to which the Representative shall have given its prior written consent+ and there shall have been taken in connection therewith and ~n connection with the issuance of the 1991 Bonds all such action as, in the opinion of Bond Counsel and Counsel to the Underwriters, shall be necessary and appropriate in connection with the transactions contemplated hereby. (c) At the Closing there will be no pending or threatened litigation or proceeding of any nature seeking to restrain or enjoin the issuance, sale or delivery of the 1991 Bonds, or the pledge collection or application of the Revenues - to pay the principal of and interest on the 1991 Bon s or ~n 10 any way contesting or affecting the validity or enforceability of the 1991 Bonds, the Bond Resolution, or this Agreement or contesting in any way the proceedings of the City taken with respect thereto, or contesting in any way the due existence or powers of the City or the title of any of the members of the City commission or officials of the City to their respective offices and the Underwriters will receive the certificate of the Mayor and the Clerk to the foregoing effect or an opinion of the City Attorney that any such litigation is without merit. (d) Except as disclosed in the Final Official Statement, there shall have been no material adverse change in the financial condition of the City since september 30, 1990. (e) At or prior to the Closing, the Underwriters shall have received the following documents: (i) TheAapproving opinion of Bond counsel, dated the date of closing, substantially in the form appended to theAOfficial statement as Appendix E and a letter of such Bond Counsel, dated the date of Closing and addressed to the Underwriters, to the effect that the foregoing opinion addressed to the City may be relied upon by the Underwriters to the same extent as if such opinion were addressed to them. (ii) A supplemental opinion of Bond Counsel, dated the date of the Closing and addressed to the Under- writers to the effect that: (A) the information contained in the Final Official statement under the headings "Introduction", "Description of the 1991 Bonds", "Redemption Provisions", "Source of PaYment and Security for the 1991 Bonds", "Enforceability of Remedies", "Validation" and "Tax Exemption", and the information contained in "Appendix B - Summary of Certain provisions of the Bond Resolution" and "Appendix E - Form of Bond Counsel Opinion",^to the extent the information under such headings and in such Appendices purports to summarize portions of the Bond Resolution, the 1991 Bonds, or the law referred to therein, such information constitutes a fair summary of the portions of such documents and the law purported to be summarized therein; and (B) the 1991 Bonds are not subj ect to the registration requirements of the Securities Act of 1933, as amended, and the Bond Resolution is exempt from qualification pursuant to the Trust Indenture - Act of 1939, as amended. 11 (iii) A certificate or certificates, dated the date of Closing, signed by the Mayor or Vice Mayor and the City Manager or Assistant City Manager, in form satisfac- tory to Bond Counsel, the Representative and Counsel to the Underwriters, in which such officials state that, to the best of their knowledge: (A) the representations and warranties of the City contained in this Agreement are true and ^correct in all material respects as of the Closing, the City has satisfied all conditions on its part to be performed or satisfied hereunder at or prior to the Closing, and the information and statements contained in the Final Official statement are true, correct and complete in all material respects for the purposes for which such Final Official statement is to be used, and nothing has come to their attention that would lead them to believe that such information in the Final Official statement includes any untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (B) no event affecting the City has occurred since the date of the Final Official statement which should be disclosed in the Final Official statement for the purposes for which it is to be used or which it is necessary to disclose therein in order to make the statements and information therein not misleading in any material respect; (C) the financial statements and the other financial and statistical data relating to the City, the 1991 proj ect ~ the Combined Public Utility included in the Final Official statement are true and correct as of the date of such certificate; (D) since the date of the financial statements of the city included in the Final Official statement as Appendix C thereto, (i) no material and adverse change has occurred in the financial condition of the City or the Combined Public utility, except as disclosed in the Final Official statement and (ii) the City has not incurred any material liabilities other than in the ordinary course of business, except as set forth in or contemplated by the Final Official statement; (E) no obligations issued or guaranteed by the - City are in default as to paYment of principal or 12 interest or have been in default as to paYment of principal or interest at any time after December 31, 1975; (F) except as disclosed in the Final Official statement, there is no litigation of which either of them have notice, and to the best knowledge of each of them no litigation is pending or threatened (1) to restrain or enjoin the issuance or delivery of any of the 1991 Bonds, (2) in any way contesting or affecting the validity of any of the proceedings or authority for the issuance of the 1991 Bonds or the validity of the 1991 Bonds, the Bond Resolution, the Rates and Charges, or this Agreement, ( 3) in any way contesting the corporate existence or powers of the City, (4) to restrain or enjoin the collection of revenues pledged or to be pledged to pay the principal of, premium, if any, and interest on the 1991 Bonds, (5) which may result in any material adverse change in the business, properties, assets and the financial condition of the City taken as a whole, or ( 6 ) asserting that the Final Official statement contains any untrue statement of a material fact or omits any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading;A (G) the Final Official statement did not as of its date, and does not as of the date of closing, contain any untrue statement of a material fact or omit to state a material fact required to be included therein or necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading; and (H) during the period from September 30, 1990 through April ,1991, there have not occurred any changes in the-long-term debt of the City, other than as disclosed in the Final Official statement or as occasioned by repaYments of such indebtedness. The Mayor or Vice-Mayor and the City Manager or Assistant city Manager shall also execute a certificate of certificates, dated the date of Closing and in form satisfactory to Bond Counsel and the Representative as is required under Part I, Article III, Section 4G of the 1988 Resolution with respect to the issuance of pari passu additional bonds. The City shall also deliver a certificate, dated the date of Closing and addressed to - the Underwriters, to the effect that no appeal has been 13 taken with respect to the validation of the Series A Bonds or with respect to the validation of the Series B Bonds. (iv) An opinion, dated the date of Closing, of the City Attorney, addressed to the City and to the Underwriters, in form and substance satisfactory to the Underwriters and Counsel to the Underwriters to the effect that: (A) the City is a duly existing municipal corporation of the state of Florida (the "state") and had and has good right and lawful authority under the Constitution and laws of the state to adopt the Bond Resolution and to authorize and issue the 1991 Bonds; the proceedinos for the implementation of the Rates and Charges and the Bond Resolution have been duly adopted by the city, are in full force and effect and constitute the valid, legal and binding obligations of the City enforceable in accordance with their termSAand, with respect to the Bond Resolution, constitute a valid and legally binding contract with the several holders of the 1991 Bonds; and under the laws of the state, the holders of the 1991 Bonds are not precluded pursuant to any sovereign immunity laws or similar laws from bringing proceedings to enforce the obligations imposed by the Bond Resolution; (B) as of the Closing date, the City has duly performed all obligations required to be performed by it as of such date pursuant to the Bond Resolution; (C) this Agreement and the Bond Resolution have been duly authorized, executed and delivered by the City and each constitutes a valid and binding agreement of the City enforceable in accordance with its terms; (D) the adoption of the Rates and Charges and the Bond Resolution and the execution and delivery of this Agreement, and the 1991 Bonds and compliance with the provisions thereof, will not, to the best of his knowledge, conflict with or constitute a breach of or default under any existing law, administrative regulation, court decree, resolution or agreement to which the city is subject and the City has the power and authority under the laws of the State to pledge the revenues so pledged under the Bond Resolution and to budget, appropriate - and/or use any other funds of the City, to the 14 extent provided in the Bond Resolution, to pay the 1991 Bonds and interest thereon; (E) The city is authorized under the Constitution and Laws of the state to levy, impose and collect the Rates and Charges to provide for the paYment of the 1991 Bonds, and upon adoption all proceedinos relating to the implementation of the Rates and Charges levied in connection with the 1991 Bonds shall constitute a valid levy by the city and the holders of the 1991 Bonds are not precluded under any sovereign immunity laws or similar laws from bringing proceedings to enforce the obligations of the City under the Bond Resolution; (F) except as disclosed in the Final Official statement, to the best of his knowledge after due inquiry with respect thereto, no litigation or other proceedings are pending or threatened in any court or other tribunal of competent jurisdiction, state or Federal, in any way (A) restraining or enjoining the levy, imposition or collection of Rates and Charges or issuance, sale or delivery of any of the 1991 Bonds, or (B) questioning or affecting the validity of this Agreement, the 1991 Bonds, the Bond Resolution, or the pledge by the city of the revenues so pledged under the Bond ResolutionAand/or use of other funds as provided in the Bond Resol ution, or ( C) questioning or affecting the validity of any of the proceedings for the authorization, sale, execution, registration, issuance or delivery of the 1991 Bonds and the security therefor; or (D) questioning or affecting (1) the organization or existence of the city or the ci ty commission or the title to office of the officers thereof, or (2) the power or authority of the City to levy, impose and collect the Rates and Charges; or (E) which could materially adversely affect the operations of the Combined Public utility or the financial condition of the Combined Public utility; (G) the Final Official statement has been duly authorized, executed and delivered by the City and has been approved by the City commission of the City for use in connection with the sale of the 1991 Bonds; (H) with respect to the information (other than financial and statistical data) in the Final Official statement contained in Appendix AAto such - Final Official statement and under the headings 15 "Introduction", "The City", "The Existing Combined Public utility", "Water and Sewer Rates", "Authorization and certification Concerning Official statement" and "Litigation", and based upon participation in the preparation of the Final Official Statement, as of the date of such document and at all subsequent times up to and including the date of Closing, such information did not and does not contain any untrue statement of a material fact or omit any material fact required to be stated therein or necessary to make such information not misleading; and ( I) all approvals, consents, authorizations and orders of any governmental authori ty or agency having jurisdiction in any matter which would con- stitute a condition precedent to the performance by the city of its obligations hereunder and under the Bond Resolution and the other Bond Documents have been obtained and are in full force and effect exce t that no 0 inion need be e ressed with respect to approva s, consen s, au or~zat10ns and orders relat~nq to the Blue Sky or leqal investment laws of an 'urisdiction or with res ect to Federal secur~t1es aws. All of the above opinions of the City Attorney as to enforceability of the legal obligations of the City may be subject to and limited by bankruptcy, insolvency, reorganization, moratorium and similar laws, in each case relating to or affecting the enforcement of creditors rights generally, and other general principles of equity. (v) An opinion of Counsel to the underwriters, dated the date of the Closing, addressed to the Underwriters and in form satisfactory to the Representative, to the effect that: (A) the 1991 Bonds are not subj ect to the registration requirements of the Securities Act of 1933, as amended, and the Bond Resolution is exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended; (B) based upon participation in the prepar- ation of the Final Official Statement as Counsel to the Underwriters and without having undertaken to determine or verify independently the accuracy, completeness or fairness of the statements contained in the Final Official statement, as of the date of the Closing nothing has corne to the attention of - such counsel causing them to believe that the Final 16 Official statement as of its date contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (except for the financial and statistical information contained in the Final Official statement and the information concerning [the Bond Insurer], as to all of which no view need be expressed). (vi) The written approval of Ernst & Young, certified public accountants, of the use of their report in the Preliminary Official statement and in the Final Official statement in "Appendix C, General Purpose Financial statements of the City of Delray Beach, Florida, for the Year Ended september 30, 1990", and the use of their name therein. (vii) Executed originals of the Consulting Engineer's Report, included in the Final Official statement as Appendix D. (viii) A letter from Post, Buckley, Schuh & Jernigan, Inc., dated the date of the Closing and addressed to the Underwriters and the City, in the form set forth in Exhibit C hereto, a letter from Camp Dresser & McKee, Inc., dated the date of the Closing and addressed to the Underwriters and the City, in the form set forth in Exhibit D hereto, and a letter from Ernst & Young, dated the date of the Closing and addressed to the Underwriters, in the form set forth in Exhibit E hereto. (ix) A letter from Post, Buckley, Schuh & Jernigan, Inc., dated the date of the Closing and addressed to the City and the Underwriters, to the effect as required by Part I, Article III, section 4G of the 1988 Resolution with respect to the issuance of additional Bonds. (x) Copies of the fully executed Policy issued by . (xi) An opinion of general counsel to [the Bond Insurer] and a certificate of an officer of , dated the date of the Closing and addressed to the Underwriters and the City, concerning [the Bond Insurer] , the Policy and the information relating to [the Bond Insurer] contained in the Final Official Statement, in form and substance satisfactory to the Representative. - 17 (xii) Letters from Moody's Investors Service and Standard & Poor's Corporation confirming that such rating agencies have issued ratings of II II and II II, respectively, for the 1991 Bonds. --- --- (xiii) Such additional certificates, instruments or opinions as to the City Attorney, Bond Counselor the Underwriters and its counsel may deem necessary or desirable. 9. Termination. The Underwriters may terminate this Agreement, without any liability therefor, by notification in writing from the Representative to the City, if at the time of or prior to the Closing (a) legislation shall be enacted by the Congress of the united states or adopted by either the United states Senate or House of Representatives or recommended by the President of the united States to the Congress for passage or favorably reported for passage to either House of Congress by any committee of either House of Congress or any conference committee of the House and Senate or a decision by a Court of the United states, including the United States Tax Court, shall be rendered or a ruling, regulation or official statement by or on behalf of the Treasury Department of the United States, the Internal Revenue service, or other governmental agency shall be made, with respect to federal taxation upon interest on state and local bonds, such as the 1991 Bonds, or other action or events shall have occurred which have the purpose or effect, directly or indirectly, of materially adversely affecting the federal income tax consequences of ownership of the 1991 Bonds or any of the transactions contemplated in connection herewi th, which in the reasonable opinion of the Representative, materially adversely affects the market for the 1991 Bonds or the sale by the Underwriters of the 1991 Bonds; or (b) legislation shall be enacted or any action shall be taken by the Securities and Exchange Commission which, in the reasonable opinion of the Representative and Counsel to the Underwriters, has the effect of requiring the contemplated distribution of the 1991 Bonds to be registered under the Securities Act of 1933, as amended, or the Bond Resolution to be qualified under the Trust Indenture Act of 1939, as amended, or there shall exist a stop order, ruling or regulation by the Securities and Exchange commission the effect of which is that the issuance, offering or sale of the 1991 Bonds, as contemplated hereby or by the Final Official Statement, is in violation of any provision of the Securities Act of 1933, as amended and as then in effect, or of the Securities Exchange Act of 1934, as amended and as then in effect, or that the Bond Resolution is not exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended and as then in effect; or (c) there shall exist any event which in the reasonable judgment of the Representative either (i) makes untrue or incorrect in any material respect any statement or information contained in the Final Official statement or (ii) is - not reflected in the Final Official Statement but should be 18 reflected therein or in an attachment thereto in order to make any material statements and information contained therein not misleading in any material respect; or (d) the City fails to deliver the Final Official statement to the Underwriters within the time period provided in section 4 hereof if such failure affects the Underwriters' marketing and sale of the 1991 Bonds or subjects the Underwriters to possible compliance infractions under Securi- ties and Exchange Commission or Municipal Securities Rulemaking Board delivery requirements; or (e) there shall have occurred any outbreak of hostilities or any national or international calamity or crisis, the effect of such outbreak, calamity or crisis, in the judgment 0 the Representative, being such as could cause a material disruption in the mun1cipal bond market, or to materially adversely affect the marketability of the 1991 Bonds or the sale by the Underwriters of the 1991 Bonds at the offering prices contemplated hereunderMor (f) there shall be in force a general suspension of trading on the New York Stock Exchange or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on the New York Stock Exchange whether by virtue of a determination by the New York stock Exchange or by order of the Securities and Exchange Commission or any other governmental authority having jurisdiction which, in the judgment of the Representative, has the effect of materially adversel1 affecting the marketability of the 1991 Bonds, or the sa e by the Underwriters of the 1991 Bonds, at the offerinq prices contemplated hereunder; or (g) a general banking moratorium shall have been declared by either federal, Florida or New York authorities having jurisdiction and then in force the effect of which on the financial markets of the United States is such as, in the reasonable judgment of the Underwriters, would materially adversely affect the market for the 1991 Bonds or the sale by the Underwriters of the 1991 Bonds; or (h) any litigation shall be instituted or be pending at Closing, to restrain or enjoin the issuance, sale or delivery of the 1991 Bonds, or that in any way contests or affects any authority for the validity of the 1991 Bonds or any of the Bond Documents, the pledge or application of any moneys or securities provided for the paYment of the 1991 Bonds, the levy or collection of the Rates and Charges, or the existence or powers of the City; or ( i ) the ci ty has, after the date hereof and prior to the closing, without prior written consent of the Underwriters, offered or issued any bonds, notes or other obligations for borrowed money, or incurred any material liability for borrowed money, or incurred any material liability direct or indirect, or there has been an adverse change of a material nature in the financial position, results of operation or condition, financial or otherwise, of the City in all cases other than in the ordinary course of its business, or other than as contemplated in the Official Statement, which change could materially adversely affect the transactions contemplated hereby; or (j) any legislation, rule or regulation shall be introduced in, or be enacted by, any department or agency - in the State, or any decision shall be rendered by a court of 19 competent jurisdiction within the state which materially affects the market for the 1991 Bonds or the sale by the Underwriters of the 1991 Bonds at the offering prices contemplated hereunder; or NUSL any rating of the 1991 Bonds or the rating of any class of security of the City shall have been down graded or withdrawn by a national credit rating service; or ~ AMBAC shall notify or inform he city or the Representative t at it will not insure paYment of the principal of or interest on the 1991 Bonds as contemplated in the Final Official statement; orA(m) any amendment to the Final Official statement is proposed by tne-city or deemed necessary by the Representa ti ve pursuant to ~ 5 hereof, which materially adversely affects the market for the 1991 Bonds or the sale by the Underwriters of the 1991 Bonds at the offering prices contemplated hereunder. If the City shall be unable to satisfy the conditions to the obligation of the Underwriters to purchase, to accept delivery of and to pay for the 1991 Bonds contained in this Agreement and the Representative does not waive such inability in writing, or if the obligations of the Underwriters shall be terminated for any reason permitted in the foregoing paragraph or otherwise by this Agreement, this Agreement shall be terminated and neither the Underwriters nor the city shall have any further obligations hereunder, except for the return by the City to the Representative of the good faith deposit and as provided in sections 10 and 11 hereof. However, the Underwriters may, in their discretion, waive, by written notice provided by the Representative, one or more of the conditions imposed by this Agreement and proceed with the Closing. 10. Expenses. (a) The Underwriters shall be under no obligation to pay, and the City shall pay, (i) the city's engineers, rate consul tants, financial advisor and any other experts, advisors or consultants retained to assist the city, (ii) the fees and disbursements of the City Attorney, (iii) all travel and other out-of-pocket expenses of the City's staff and officials;A (i v) the cost of the preparation, printing and execution of the 1991 Bonds, (v) fees for bond ratings, (vi) the cost of reproducing all necessary copies of any of the Bond Documents, (vii) the fees and disbursements of Bond Counsel, (viii) the cost of preparation, printing and distribution of the Preliminary Official statement and Final Official statement, (ix) the fees and disbursements of the bond registrar, the paying agent, the City's independent certified public accountants, (x) the costs referred to in Ai.2.. hereof, if any; and (xi) the premium for the policy and fees and expenses of the credit rating agencies referred to in Section 8(e)(xi) hereto; all such expenses to be paid by the City as issuance costs. - 20 (b) The Underwriters shall pay (i) all underwriting and advertising expenses in connection with the public offering and distribution of the 1991 Bonds, (ii) the fees and disbursements of Counsel to the Underwriters, (iii) the cost of preparation, distribution and printing of the blue sky memoranda and legal investment survey, (iv) the cost of the preparation and printing of any selling group agreement and this Bond Purchase Agreement, and (v) all travel and out-of- pocket expenses of the Underwriters. 11 . Survi val of Contract. The respective agreements, representations and warranties and other statements of the City, the Underwriters and their respecti ve officials, officers and partners set forth in, or made pursuant to, this Bond Purchase Agreement will remain in full force and effect regardless of any investigation, or statement as to the results thereof, made by or on behalf of the city, the Underwriters or any of their respective officials, officers, partners or directors or any controlling person, and will survive delivery and paYment of the 1991 Bonds. 12. Benefit. This Agreement is made for the benefit of the parties hereto (including the successors or assigns of the Underwriters). No other person shall acquire or have any right hereunder or by virtue hereof. 13. Execution in Counterparts. This Agreement may be executed in any number of counterparts, all of which taken together shall be one and the same instrument, and any parties hereto may execute this Agreement by signing any such counterpart. The execution of this Agreement has been duly authorized by the City commission of the City. 14. Notices. Any notices or other communications to be given to the City under this Agreement may be given by mailing the same to the city Manager, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida 33444, and any such notice or other communication to be given to the Underwriters or to the Representative may be mailed to Smith Barney, Harris Upham & Co. Incorporated, 625 North Flagler Drive, West Palm Beach, Florida 33401, Attention: Public Finance Department. 15. Severability. The invalidity or enforceability of any provision of this Agreement as to anyone or more jurisdictions shall not affect the validity or enforceability of the balance of this Agreement as to such jurisdiction or jurisdictions, or affect in any way such validity or enforceability as to any other jurisdiction. 16 . Waiver or Modification. No waiver or modification of any one or more of the terms and conditions of this Agreement shall be valid unless in writing and signed by the party or parties making - such waiver or agreeing to such modification. 21 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. Very truly yours, SMITH BARNEY, HARRIS UPHAM & CO. INCORPORATED, as representative of the Underwriters named in the first paragraph hereof By ^ Vice President ACCEPTED on , 1991 THE CITY OF DELRAY BEACH, FLORIDA By Mayor [SEAL] Attest: city Clerk Approved as to form and legal sufficing City Attorney Bonds Delray.bpa - 22 EXHIBIT C [CLOSING DATE] smith Barney, Harris Upham & Co. Incorporated 625 North Flagler Drive West Palm Beach, Florida 33401 City commission of the City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Re: city of Delray Beach, Florida Water and Sewer Revenue Bonds, Series 1991 A and Series 1991 B Dear Sirs: At your request, this letter is being delivered to you and the city (as defined below) pursuant to section 8(e)(viii) of the Bond Purchase Agreement dated , 1991 between the City of Delray Beach, Florida (the "City") and yourselves with respect to the captioned bonds (the "Bonds"). We consent to (i) the inclusion in the Preliminary Official statement dated AApril 9, 1991 relating to the Bonds (the "Preliminary Official statement"), as Appendix D, our cover letter and Engineering Report relating to the City's expansion and rehabilitation of its combined water and sewer utility system (the "Combined Public utility"), dated AApril 4, 1991 (the "POS Engineering Report"), (ii) the inclusion in the Final Official Statement dated , 1991 relating to the Bonds (the "Final Official statement"), as Appendix D, our cover letter and Engineering Report relating to the expansion and rehabilitation of the Combined Public utility (the "1991 Project"), dated , 1991 (the "Engineering Report") and (iii) the references to us in the Preliminary Official Statement and the Final Official statement. We have reviewed the Preliminary Official Statement and the Final Official statement as consulting engineers for the 1991 project. The POS Engineering Report and the Engineering Report were prepared in accordance with generally accepted engineering practices. C-1 smith Barney, Harris Upham & Co. Incorporated , 1991 Page 2 As of the date of this letter, we know of no change in matters described in our POS Engineering Report (except for changes contained in the Engineering Report) or our Engineering Report or matters contained in the preliminary Official statement (except for changes contained in the Final Official statement) or the Final Official statement relating to the 1991 project, the Combined Public Utility, the Water and Sewer Rates or Future Capital Projects. We believe that the assumptions used in compiling our POS Engineering Report and Engineering Report are reasonable. Further, based upon our participation in the preparation of the Preliminary Official statement and the Final Official statement as consulting engineers for the 1991 Project but without representing that we have made an independent review of matters outside the scope of our engagement, and without having undertaken to determine independently the accuracy, completeness or fairness of the statements contained in the Preliminary Official statement and the Final Official statement, nothing has come to our attention that would cause us to believe that (A) the Preliminary Official statement or the POS Engineering Report, as of the date of the Preliminary Official statement, contained any untrue statement of an adverse material fact or omission of an adverse material fact, or (B) the Final Official statement or the Engineering Report as of the date of the Final Official statement and as of the date hereof contained or contain any untrue statement of an adverse material fact or omission of an adverse material fact. Very truly yours, Post, BUCkley, Schuh & Jernigan, Inc. By: Authorized Officer C-2 - EXHIBIT D [CLOSING DATE] City commission city of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 smith Barney, Harris Upham & Co. Incorporated 625 North Flagler Drive West Palm Beach, Florida 33401 Re: city of Delray Beach, Florida Water and Sewer Revenue Bonds, series 1991 A and Series 1991 B Dear Sirs: At your request, this letter is being delivered to you.and the city (as defined below) pursuant to Section 8(e)(viii) of the Bond Purchase Agreement dated , 1991 between the city of Delray Beach, Florida (the "City") and yourselves with respect to the City's Water and Sewer Revenue Bonds, Series 1991 A and Series 1991 B (the "Bonds"). We consent to (i) references to us in the Engineering Report dated~pril 4, 1991, prepared by Post, Buckley, Schuh & Jernigan, Inc. (the "POS Engineering Report") on the expansion and rehabilitation of the City's combined water and sewer utility system (the "Combined Public Utility") and (ii) references to us in the engineering report on the 1991 Project (hereinafter defined), dated , 1991, prepared by Post, Buckley, Schuh & Jernigan, Inc. (the "Engineering Report ") . We have reviewed the POS Engineering Report, the Engineering Report, the Preliminary Official statement and the Final Official statement in our capacity as consulting engineers for a portion of the expansion and upgrading of the Combined Public utility (the "1991 Project"). Very truly yours, CAMP DRESSER & MCKEE By: - Authorized Officer D-1 EXHIBIT E [CLOSING DATE] City Commission City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 smith Barney, Harris Upham & Co. Incorporated 625 North Flagler Drive West Palm Beach, Florida 33401 Re: city of Delray Beach, Florida Water and Sewer Revenue Bonds, Series 1991 A and Series 1991 B Dear Sirs: At your request, this letter is being delivered to you and the City (as defined below) pursuant to section 8(e)(viii) of the Bond Purchase Agreement dated , 1991 between the City of Delray Beach, Florida (the "City") and yourselves with respect to the City's Water and Sewer utility Revenue Bonds, Series 1991 A and Series 1991 B (the "Bonds"). We consent to (i) references to us in the consulting engineer's report, dated~pril 4, 1991, prepared by Post, Buckley, Schuh, Jernigan, Inc. (the "Engineering Report ") contained in Appendix D to the Preliminary Official Statement and Appendix D to the Final Official statement. We have reviewed the Engineering Report and the Final Official statement in our capacity as rate consultants for the expansion and upgrading of the City's combined water and sewer utility system (the "Combined Public utility"). Very truly yours, ERNST & YOUNG By: Authorized Officer E-1 EXHIBIT F DISCLOSURE STATEMENT The undersigned, as representative of the Underwriters, proposes to negotiate with the City of Delray Beach, Florida for the sale of $ principal amount of its Water and Sewer Revenue Bonds, Series 1991 A and Series 1991 B (the "1991 Bonds"), to be completed on this date. Prior to the award of the 1991 Bonds, the following information is hereby furnished to the City: 1. Set forth on Schedule I to this Exhibit F is an itemized list of the nature and estimated amounts of expenses to be incurred by the Underwriters in connection with the issuance of the 1991 Bonds. 2. Set forth below are the names, addresses and estimated amounts of compensation of all "finders", as defined in Section 218.386, Florida Statutes: NONE 3. The amount of the underwriting spread expected to be realized by the Underwriters is per Bond which includes the components itemized on Schedule I attached hereto. 4. The management fee to be charged by the Underwriters is $ (or approximately $ per Bond), and is included in, and not in addition to, the unde~ting spread referred to in 3 above. F-1 - 5. Set forth below are all other fees, bonuses and other compensation estimated to be paid by the Underwriters on behalf of the City from Bond proceeds in connection with the 1991 Bonds to all persons not regularly employed or retained by them. Underwriters' counsel fee $ Underwriters' counsel expenses 6. The name and address of the Underwriters connected with the 1991 Bonds is as follows: smith Barney, Harris Upham & Co. Incorporated 625 North Flagler Drive West Palm Beach, Florida 33401 Smith, Mitchell & Associates, Inc. 319 Clematis street, 10th Floor West Palm Beach, Florida 33401 Bear, Stearns & Co., Inc. 245 Park Avenue New York, New York 10167 Southeastern capital Group, Inc. 700 West Hillsboro Boulevard Building Three, suite 102 Deerfield Beach, Florida 33441 IN WITNESS WHEREOF, the undersigned has executed this Disclosure statement on behalf of the Underwriters this day of 1991. - , SMITH BARNEY, HARRI S UPHAM & CO. , INCORPORATED; SMITH MITCHELL & ASSOCIATES , INC.; BEAR STEARNS & CO.. INC. i !ND SOUTHEASTERN CAPITAL GROUP, INC. BY: Smith Barney, Harris Upham & Co. , Incorporated, as Representative of the Underwriters By: Vice President - F-2 SCHEDULE I $ CITY OF DELRAY BEACH, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1991 A AND SERIES 1991 B Total Underwriters' Discount $ per Bond Management Fee Under. Risk Average Takedown Expenses: Under. Counsel Fee and Expenses Communications Advertising Syndicate PSA MSRB CUSIP Computer structuring Day Loan Travel Clearance Closing and Misc. Total Expenses :~ ~ S-1 - 'I - . . .. Aqenda Item No.: AGBIIDA REQUBST Date: 4/10/91 Request to be placed on:' Reqular Aqenda Special Aqenda Workshop Agenda " . When: April 16, 1991 Description of agenda item (who, what, where, how much): Presentation by CH2M Hill Consulting Engineers on the outcome of the Value Eng1neer- ing performed on the Excess Lime Softening Project. ORDlHAHCEI RBSOLOTIOH REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff request direction on the proposed revisions to the original scope of work to save an anticipated ~ 736,000 to ~ 870,000. t; Department Head Signature: 4t/~ 4/ ~ ""r'hc~ 'I/(tJ/?! Deteraination of Consistency with eoaprehensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.. involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . MEMORANDUM TO: DAVID HARDEN, CITY MANAGER DIRECTOR ~~~ FROM: WILLIAM H. GREENWOOD, ENVIRONMENTAL SERVICES DATE: APRIL 10, 1991 SUBJECT: VALUE ENGINEERING SUMMARY A summary of our Value Engineering procedures is as follows: 0 The purpose of value engineering is to provide an independent look at a project to determine if there are ways to reduce life cycle costs of the project (not just capital cost). 0 Although the VE process will generally lead to cost savings, there is a cost necessary to realize those savings. This cost includes the fee for the value engineer, and for the design engineer to assist during the VE study and to redesign the alternative approaches suggested by the VE team and accepted by the City. In this project costs have included: VE Consultant $20,000 (I believe) Design Engineer 9,950 Assistance Design changes 19,600 to 29,600 Total VE Process $49,550 to 59,550 Construction $870,000 to 736,000 Cost Savings The ratio of cost savings to VE cost is 12:1 to 17:1. 0 Suggestions made by the VE team are not to be construed as designer errors, but simply an alternative approach or second opinion which focuses on life cycle cost savings. Frequently these alternatives may sacrifice factors such as ease of operation, aesthetics, extra space for unidentified but inevitable future needs, extra capacity in process components for a factor of safety in plant operation, etc. 0 A VE study is always conducted on a project at some level of completion. i.e. , conceptual design, 30% completion, 70% completion, etc. Therefore any - Page 2 suggestions made as to an alternative approach will mean that the design engineer may have to reengineer any work already underway. The City can save capital or life cycle costs by implementing suggestions, but should recognize that there is an associated cost of duplicated engineering. The cost of reengineering is usually only a small fraction of the benefit to the City, as is the case here. WGH:jaf WGVE04 , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER IJJvf SUBJECT: AGENDA ITEM # ~~ I - WORKSHOP MEETING OF APRIL 16 1991 REQUEST FOR CONDI ONAL USE APPROVAL DATE: April 12, 1991 This item was deferred at your March 26th meeting. It involves a request for conditional use approval to establish a commercial passenger loading area and boat ticket sales office on the east side of Palm Square just south of East Atlantic Avenue. The Planning and Zoning Board at their January 28th meeting recommended approval, ( 6 -1 vote), subject to conditions. The Historic Preservation Board at their January 16th meeting recommended denial of the conditional use request based upon a consensus that the operation of an excursion boat adjacent to a residential area (Marina Historic District) was inappropriate. The Community Redevelopment Agency supported the rezoning and associated conditional use to extend the parking area. However, they did not support the boat operation at the proposed location and suggested that a site north of the Atlantic Avenue Bridge be considered. Subsequently, the Community Redevelopment Agency reconsidered the request and recommended approval of the conditional use subject to the construction of a barrier with a "break through" or cul-de-sac which would stop the traffic from going through Palm Square. Residents attending the CRA's meeting were supportive of this recommendation. I recommend that the Commission either approve the conditional use request as presented and recommended by the Planning and Zoning Board, or deny the request. The CRA's recommendation to close Palm Square would cause serious traffic circulation problems affecting a large area. Also, police and fire department access to many properties along Atlantic Avenue from Southeast Seventh Avenue east to the ocean would be adversely affected. This problem could be avoided only if the two blocks on the south side of Atlantic Avenue from the Intracoastal to Seventh Avenue were largely redeveloped. Discussion heard at your March 26th meeting included: -Mr. Mouw stated that he was uncomfortable with the position the Commission has beeen placed in with regard to this item as he felt that all of the issues had not been sufficiently addressed. -Dr. Alperin questioned if the boat operation is an appropriate use for the property. Determining how the neighborhood will be affected and :1,f certain conditions are met, it could become an acceptable use. Having a boat at this location is not necessarily offensive, provided the conditions are satisfied. -Mr. Randolph stated he would have no problem with the boat AGENDA REPORT Meeting of 4 j 16j91 docking north of East Atlantic Avenue, but feels there is a problem with the boat docking south of Atlantic Avenue. -Mr. Andrews stated he hopes the Commission would look at the entire length of Palm Square and decide if this has a meaningful impact to the redevelopment of the downtown. He also stated his concern with potential noise problems, but felt that issue could be dealt with on a trial basis. -Mayor Lynch stated he does not see this an economic liability to the downtown. He would like to see the boat operation on the north side, on a temporary basis, to see what the actual occurrences would be. The traffic problems that are associated with it are totally linked to the restaurant; therefore, if things don't go well with the restaurant, what will happen to the boat and dock? The final Commission consensus was to defer action until a workshop had been held to review all aspects of the request. , - 2 - -sfT ~ . 4f/1 (, I CITY DF DElAAY BEA[H :1"/ ,,~TTORNEY'S OFFICE : . . MEMORANDUM Date: April 9, 1991 To: David Harden, City Manager From: Susan A. Ruby, Assistant City Attorney Subject: July 4th Fireworks Presentation I received from Weiner, Golder and Associates, P .A. , a draft of a Guaranty to be executed by Dan Burns, a contract from Vitale Fireworks Display Company, Inc. and a proposal from Zamballi International Fireworks Manufacturing Company, Inc. The Guaranty states that in the event private citizens and entities do not contribute at least $25,000 to the City on or before July 5, 1991, then the difference will be paid by Dan Burns as Guarantor on or before July 25, 1991. Our office would recommend that the manner of affording a July 4, 1991 celebration be placed before the City Commission for resolution. The proposal by Dan Burns provides that he would enter into a Guaranty Agreement, but the City would be the party to enter into contracts for fireworks with either of the two companies mentioned above. The City Commission needs to determine if this method of providing a July 4th celebration is acceptable. In addition, I am forwarding to you copy of the contract and proposal for fireworks for your staff's review and assessment as to which company should be awarded the contract and so that if the City Commission decides that the City is to undertake the liabilities associated with entering into the fireworks agreement with one of the Fireworks Companies, the award of the ~ct may be made by the City Commission. SA : i{ cc Michael Weiner, Esq. Mr. Dan Burns <;;P I -:;+. - GUARANTY ~ ~ THIS GUARANTY made this _ day of ~ ' 1991, by DAN BURNS (the "Guarantor"), to and for the ~fit of THE CITY OF DELRAY BEACH, FLORIDA (the "CITY"). ~ WHEREAS, THE CITY intends on entering into a Contract for displaying fireworks at an event sponsored by the CITY on July 4, 1991 (the "Event ") ; WHEREAS, certain private citizens and entities desire to raise funds to support the Event; WHEREAS, the Guarantor is willing to guaranty that funds shall be raised to support the Event up to the amount of $25,000.00. NOW, THEREFORE, in consideration of the premises and to induce the CITY to carry out, sponsor and put on the Event, the Guarantor: 1- Unconditionally and absolutely guarantees in the event that private citizens and entities do not contribute at least the sum of Twenty-Five Thousand Dollars ($25,000.00) to the CITY on or before July 5, 1991, then the difference shall be paid by the Guarantor on or before July 25, 1991. 2. Agrees that this Guaranty shall inure to the benefit of and may be enforced by the CITY only and no other entity, successor or assign. 3. Agrees that this Guaranty shall terminate upon receipt by . . CITY in full of the sum of Twenty-Five Thousand Dollars ($25,000.00) from certain private citizens and entities or from Guarantor as or for a contribution to the financial support of the Event. 4. Agrees that this Guaranty is a guaranty of monies only and shall not be deemed a guaranty of the Event, including but not limited to, safety, performance, administration, crowd control, or any other aspect of the Event whatsoever. IN WITNESS WHEREOF, the Guarantor has caused this instrument to be executed as of the day and ~ first above written. # D~S ~ "Guarantor" . MEMORANDUM' TO: DAVID HARDEN, CITY MANAGER DIRECTOR ~~~ FROM: WILLIAM H. GREENWOOD, ENVIRONMENTAL SERVICES DATE: APRIL 10, 1991 SUBJECT: VALUE ENGINEERING SUMMARY A summary of our Value Engineering procedures is as follows: 0 The purpose of value engineering is to provide an independent look at a project to determine if there are ways to reduce life cycle costs of the project (not just capital cost). 0 Although the VE process will generally lead to cost savings, there is a cost necessary to realize those savings. This cost includes the fee for the value engineer, and for the design engineer to assist during the VE study and to redesign the alternative approaches suggested by the VE team and accepted by the City. In this project costs have included: VE Consultant $20,000 (I believe) Design Engineer 9,950 Assistance Design changes 19,600 to 29,600 Total VE Process $49,550 to 59,550 Construction $870,000 to 736,000 Cost Savings The ratio of cost savings to VE cost is 12:1 to 17:1. 0 Suggestions made by the VE team are not to be construed as designer errors, but simply an alternative approach or second opinion which focuses on life cycle cost savings. Frequently these alternatives may sacrifice factors such as ease of operation, aesthetics, extra space for unidentified but inevitable future needs, extra capacity in process components for a factor of safety in plant operation, etc. 0 A VE study is always conducted on a project at some level of completion. i.e. , conceptual design, 30% completion, 70% completion, etc. Therefore any 5?j3 Page 2 suggestions made as to an alternative approach will mean that the design engineer may have to reengineer any work already underway. The City can save capital or life cycle costs by implementing suggestions, but should recognize that there is an associated cost of duplicated engineering. The cost of reengineering is usually only a small fraction of the benefit to the City, as is the case here. WGH:jaf WGVE04 I I MEMORANDUM CHMHlll I TO: Bill Greenwood/City of Delray Beach COPIES: Greg McIntyre/CH2M HILL I FROM: Bob Bergman/CH2M HILL John Curtiss/CH2M HILL I DATE: April 10, 1991 I SUBJECT: Delray Beach Water Treatment Plant Improvements Value Engineering Results I PROJECT: SEF30787.B5.1O I The Value Engineering (VE) study was conducted by Edward J. Nichols and Associates, Inc. on the 30-percent complete design documents prepared by CH2M I HILL. The VE team's report, dated February 26, 1991, identified 29 potential modifications to the project. Eleven of the 29 were design suggestions that did not have estimated costs savings identified by the VE team and several would likely I increase costs to the City but had other potential benefits. CH2M HILL has provided support services during the VE process, exclusive of I design changes with a maximum $9,950 effort. A new service authorization has been forwarded under a separate cover for approval for this VE support. As part of this effort, City utility staff met with CH2M HILL on March 1, March 18, and April 8 to I discuss the VE suggestions and the City utility is recommending the implementation of 12 of the potential modifications (summarized in Table A). Furthermore, a few other modifications to the original project scope were added by the City to improve I operational reliability and facility aesthetics. These modifications result in an estimated potential capital cost savings of $736,000 to $870,000, or 11 to 13 percent of I the estimated construction cost, depending on the City's decision on whether to construct a new lime equipment building. I Additional design effort will be needed to realize the construction cost savings. This additional design effort was anticipated in Service Authorization No.5, where it was included as a supplementary service, and is estimated at $29,600 or $19,600, should I the City decide not to have a new lime building (see Table B). Upon final City approval of VE items to be accepted, we will prepare a separate service authorization (or a modification to Service Authorization No.5) to proceed with this work. I It is estimated that for each dollar spent on the VE study by Edward Nichols and Associates and CH2M HILL and additional design effort, the City will receive an I estimated project cost savings of about $12 or more. We request 4 additional weeks I dbt0991061.51 MEMORANDUM Page 2 April 10, 1991 SEF30787.B5.10 to the original contract schedule (which did not include the VE study) to complete the additional design services. Under such a schedule, the project would be ready to bid by August 19, 1991. It has resulted in $736,000 to $870,000 in savings to the current $6.7 million project. In summary, the VE was undoubtedly successful and a cost-effective endeavor for the City. dbt099/061.51 . ,," -" --- - -~..- ----_._----,,_. --. . - "-- Table A IMPACTS ON THE ESTIMATED CONSTRUCTION COST BY VE RECOMMENDATIONS AND OTHER ITEMS RECOMMENDED BY THE CIlY (April 8, 1991) Estimated Potential Construction Cost Savingsa [tern Description ($) Comment CB-8 Eliminate chlorine 44.000 During future peak evaporators periods more chlorine containers can be placed online (in parallel) to obtain needed feed rate. CB-18 Reuse existing chlorination 486.000 Chlorine leak scrubber system. extend existing system will still be chlorine room. delete new installed for safety. chemical building CB-19 Reduce the number of Cost savings A total of 25 I-ton con- chlorine cylinders stored included in tainers can fit in the ex- CS-18 tended room rather than the 28 originally plan- ned in a new building. CB-A Cover over scrubber N/A Do not provide cover. containment area Cover may allow NaOH to spill onto ground in event of piping leak. CB-B Drain for scrubber N/A Provide gravity drain containment area with locking valve actuator (or sump pump) to drain rain- water to sewer. CB-C Existing Monorail system N/A New monorail will extend 25 feet to east. Delivery trucks will back into unloading area. DB-33 Reduce area of dewatering No net savings Additional architectural building (area not reduced. (see comments) improvements added for but one stairway moved aesthetics. indoors) LF-I Reduce size of lime storage 88.000 Storage is reduced by tanks to 100 tons each one-third. but is still about 12 days at - lOOlOCFE.GNV-l dbx2/032.51 -.--.- _._._- - ----.------ --- .--- - ~- Table A (Continued) Estimated Potential Construction Cost Savings~ Item Description ($) Comment maximum day buildoUI demands. LF-3 Use two silos. four slakers. 30.000 lOO-ton silos. l.OOO-lblhr five slurry feed pumps slakers. 30-gpm pumps (One is shelf spare.) LF-4 Combine lime silos and (150.000) New building will slakers into one complex improve serviceability of equipment. or - LF-4A Eliminate lime bldg. add ( 16.000) Add bldg to house prefab CO2 bldg carbona tors. Locate CO2 bldg near CO2 bulk storage tank. LF-S Specify lime silo and lime no additional Single-source responsi- feeder/slaker as a package cost bility. No cost savings by splitting components for bidding. ST-2 Use two 37.5-foot diameter 188.000 Both thickeners will be sludge thickeners needed to meet peak flow conditions and will provide 1.9 days of (30 percent by weight) sludge storage at build- out max. day conditions. Therefore. the vacuum filters will need to be operated 6 days per week during higher flow periods. T-6 Use same rotational direction Design comment Minimizes spare parts. on both thickener mechanisms MS-2 Relocate building and 46.000 Shortens piping lengths. thickeners reduces paving. MS-13 Reroute chemical sludge line 27.000 Shortens sludge blow- down piping lengths. MS-A Site sign (2 each) (8.000) - lOOIOCFE.GNV-2 dbx2/032.51 Table A (Continued) Estimated Potential Construction Cost SavingsJ Item Description ($) Commcnt MS-B Electric operatcd gates (3 ea) (5.000) and closed circuit TV and voicc communication for SE gate IC-l Graphics Panel size increase ( 10.000) Need City input and type - Total (Includes Lime Bldg. 736.000 uses LF-~) Total (Without Lime Bldg. 870.000 used LF-4A) aBased on a S6.7 million construction cost opinion (January 1991 Dollars) and savings estimated hy the VE team. - lOOlOCFE.GNV-3 dbx2/032.51 _..-' Table B VE ITEMS--ADDlTIONAL DESIGN COMPENSATION ESTIMATE (April 8, 1991) Labor Labor Cost Expenses Total Hours ($) ($) (S) Option A: With Lime Building 1. a. Delete chemical building ( 1,395) (84.300) (8,400) (92.700)' b. Addition to chlorine 50.9OIt.d room of existing building 770 .uJ.300 4.6()()'l - - Gross Fee Change (625) (38,000) (3,8OO)a (41.800)a Previously spent to 2.500 270400 30% design 410 24.900 - Net Fee Change (215) ( 13.100) ( 1.300) ( l4AOO)a 2. Additional Lime Facilitiesb: storage silo. dilution box. feeder/slakers. piping. 29.000e control and new building 435 26.400 2,600 3. Dewatering building modifications 105 6.400 600 7.000 4. Site work additions and modifications 75 4.500 500 5.000 5. Instrumentation and control additions 45 2.700 ~OO ~.OOO - - Subtotal 445 26.900 2.700a 29.(,O(JI Option B: Without Lime Building 1. Delete New Building from ( 195) (11.700) ( 1.200) ( 12.900) Item 2 above: retain other additional facilities ., Add CO2 Prefab Bldg -<<J 2.600 300 2.9(1) .... === =- ====== =-=== Total (Without Lime Bldg) 290 17.800 1,800" 19.600" a Assumes existing soil borings are available from the City from previous projects in the northeast corner of the site (otherwise an additional $750 is estimated to be needed to cover the costs of additional borings in the area of the proposed addition to the existing chlorine rooms). t> Changes from original design concept C Construction cost--$ 1.078,000 d Construction cost--S592.000 e Construction cost--$497,000 - dbt0991062.51 APR-12-'91 FRI 13:29 ID:DELRAY ENV. SERVICES TEL NO:407-243-7060 l:I241 pm CIlY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION AMENDMENT DATE: , 1991 AMENDMENT TO SERVICE AUTHORIZATION NO.5 FOR CONSULTING - SER VICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. ( CITY) (CONSULT ANT) TITLE: Water Treatment Plant Conversion to Lime Softening I. PROJECT DESCRIPTION Under Service Authorization No.5, the City requested and authorized CONSULTANT to design improvements to the Delray Beach Water Treatment Plant (WTP) for conversion from the existing sodium aluminate coagulation process to lime softening. The design for these facilities is approximately 30 percent complete. The City elected to conduct a value engineering (VE) study on the 30 percent design and under separate amendment authorized CONSULTANT to assist the City's VE consultant during the study and to evaluate the study recommendations. Subsequent to completion of the VE work. the CITY has accepted certain recommendations made. Recommendations involved capital cost savings and cost increases. Other design changes were input by the CITY separate from the VE study. The net effect of an changes was a capital cost reduction estimated at between $736.000 and $870,000. To effect these savings. additional design and changes to the 30 percent complete design must be made. This service authorization amendment allows for that additional design effort. The level of effort shown in this amendment is estimated to achieve $25 to $40 or more of construction cost savings for each $1 of engineering design. II. SCOPE OF SERVICES Amend Task 2. Final Design SeIVices. of Service Authorization 5, to design facilities according to the following modifications to the Scope of Facilities Design, presented as Attachment A to Service Authorization 5. 0' dbl099m63.S1 1 RPR-12-'91 FRI 13:30 ID:DELRAY ENV. SERVICES TEL NO:407-243-7060 j:f241 P04 Option A (with lime building) 1. Provide two sludge blowdown pumps per treatment unit with one additional shelf spare. 2. Provide two 37.5 foot diameter gravity thickeners and a single !\Iudge pumping facility. The sludge pumps will be selected by the City. 3. Provide one interior stairway and one exterior staiIWay for second tloor access of the dewatering building. 4. Delete new chemical building and new polymer and chlorine feed system. Reuse existing chlorination and polymer feed systems and extend existing chlorine room and monorail system to provide a space and containment for a total of approximately 25 1-ton containers. 5. Provide new chlorine leak scrubber system to serve the extended existing chlorine storage room. Provide uncovered scrubber containment area with appropriate drain line and valve. 6. Provide two l00-ton lime storage silos, four 1,000 Ib/hr feederjslakers, two dilution hoxes, and five (one shelf spare) slurry feed pumps in a building, approximately 31 x 61 feet in area, having carbonator and electrical rooms. The two silos shall pass through the roof of the lime building and the overall height shall not exceed 48 feet above grade. 7. Sitework: Provide electrically-operated gates (3 each) and for the southeast gate, provide closed Circuit TV and voice communication to the main control rOom. Provide two site signs, one in the southeast and one in the southwest corner of the site. 8. Instrumentation and Control: Provide graphic panels for the water treatment plant and for off-site water and wastewater facilities. The City will provide graphic layout drawings suitable for inclusion in the bidding documents. 9. Provide modification to plant inflow distribution to softening units by replacing the south raw water flow control local instrumentation. 10. Existing turbidimeters to the existing filters will he replaced by the City. Option B (without lime building) , 1. Provide two sludge blowdown pumps per treatment unit with one additional shelf spare. \JbtQ991063.S1 2 APR-12-'91 FRI 13:31 ID:DELRAY ENV. SERVICES TEL NO:407-243-7060 1=*241 P0S 2. Provide two 37.5-foot-diameter gravity thickeners and a single sludge pumping facility. The sludge pumps will be selected by the City. 3. Provide one interior stairway and one exterior stairway for second tloor access of the dewatering building. 4. Delete new chemical building and new polymer and chlorine feed ~y~tem. Reuse existing chlorination and polymer feed systems and extend existing chlorine room and monorail system to provide a space and containment for a total of approximately 25 I-ton containers. 5. Provide new chlorine leak scrubber system to serve the extended existing chlorine storage room. Provide uncovered scrubber containment area with appropriate drain line and valve. 6. Provide two 100-ton lime storage silos. four 1,000 Ib/hr feederlslakers. two dilution boxes, and five (one shelf spare) slurry feed pumps. Two feeder! slakers. one dilution box, and two slurry feed pumps shall be installed in an enclosed area under each silo. 7. Provide a prefabricated concrete enclosure near the carbon dioxide storage tank to house three carbona tors (one spare). 8. Sitework: Provide electrically-operated gates (3 each) and for the southeast gate. provide closed circuit TV and voice communication to the main control room. Provide two site signs, one in the southeast and one in the southwest corner of the site. 9. Instrumentation and Control: Provide graphic panels for the water treatment plant and for off-site water and wastewater facilities. The City will provide graphic layout drawings suitable for inclusion in the bidding documents. 10. Provide modification to plant inflow distribution to softening units by replacing the south raw water tlow control local instrumentation. 11. Delete replacement of existing turbidimeters to the existing filters. III. BUDGET ESTIMATE OF SERVICES Compensation for professional consulting services as specified in Service Authorization 5 shall be modified as follows: , Option A (with lime building) Task 2 ~ Final Design Phase Services: add $29,600 dbl0991063.S 1 3 APR-12-'91 FRI 13:31 ID:DELRRY ENV. SERVICES TEL NO:407-243-7060 I:Q41 P06 Task 9 - Supplementary Services: deduct $29,600 Option B (without lime building) Task 2 - Final Design Phase Services: add $19,600 Task 9 - Supplementary Services: deduct $19,600 IV. COMPLETION DATE Add four (4) weeks to the schedule specified in Service Authorization 5 for items not yet completed. APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC. _ day of ,19 _ By: . Gregory T. Mcintyre, P.E. Vice President and Regional Manager CITY OF DELRA Y BEACH, BEFORE ME. the foregoing instru- a municipal corporation of the State of ment, this day of , 19 , was Florida acknowledged by Gregory T. McIntyre, Vice President and Regional Manager, a duly authorized officer of CH2M By: HILL SOUTHEAST, INC., on behalf Mayor of the Corporation and said person executed the same freely and volun- tarily for the purpose therein expressed. ATTEST: A TrEST: By: City Clerk WITNESS my hand and seal in the County and State aforesaid this _ day of , 19 . APPROVED AS TO FORM: - , Notary Public State of Florida By: City Attorney My Commission Expires: (Seal) dbt099t'06B 1 4 APR-12-'91 FRI 13:32 ID:DELRAY ENV. SERVICES TEL NO:407-243-7060 1:*241 P07 I ~- ',-. -: CH2MHILL PROJECT COST ESTIMATE. I . CLIENT CITY OF DELRAV BEACH PROJECT NAME WTP CONVERSION TO LIME SOFTENING DESIGN PROJECT NUMBER AMENDMENT _ TO SERVICE AUTHORIZATION NO.5 0PT10N A - WITH UME BUILDING LABORCbST.DETAIl."" ADDITIONAL-COST. -..._~......... - RAW TASK 2 HOUFiL Y FINAL DESIGN TOTAL DIRECT LABOR @ CATEGORY (NAME) RATE ADD'L SERVICES HOURS LABOR MULTIPLIER a VP/SENIOR CONSULTANT $33.30 0 $0 $0 7 SENIOR MGR/SENIOA CONSUL.TANT $33.30 0 $0 $0 6 PROGRAM, DEPT. OR DIV MGRlTECH CONSULT $33.30 8 8 $266 $799 5 SENIOR PROJECT MGRlTECH CONSULT $32.60 26 26 $848 $2.543 4 PROJECT MGRISR PROJECT PROFESSIONAL $28.10 21 21 $590 $1,770 3 SA. PROJECT PROFESSIONAL $25.00 47 47 $1,175 $3,525 2 PROJeCT PR.OFESSIONAL 11 $21 .55 78 76 $1,681 $5,043 1 PFlOJECT PROFESSIONAL r $18.75 0 $0 $0 5 LEAD TECHNICIAN/SUPERVISOR II $22.90 78 78 $1,786 $5,359 4 SENIOR TECHNICIAN $18.95 0 $0 $0 3 CERTIFIED TECHNICIAN $17.35 0 $0 $0 2 TECHNICIAN $14.55 1l)4 154 $2,241 $6,722 1 JUNIOR TECHNICIAN $12.75 0 $0 $0 o TECHNICAL AIDE $11 .20 0 $0 $0 OFFICE SUPPORT $11.50 33 33 $380 $1,139 446.. 445 $26.900 $8.967 $26,900 DIRECT COSTCETAIL- ADDITIONAt.COST ACTUAL MULTI ITeM OESCRIPTION DIRECT DIRECT COMPUTER~UTOCADD $2,550 $2,550 $2,550 PRINTING, REPROGRAPHICS, AND GRAPHICS $0 SO WORD PROCESSING $100 $100 $100 SURVEYING $0 $0 SOILS $0 $0 AIR FARE $0 $0 AUTO MILEAGE $0 $0 TELEPHONE .' $50 $50 $50 POSTAGE/FREIGHT $0 $0 SUPPLIES $0 $0 $2;1(10 $2,700 1.............TOTA[..tAB()~..:~[)DJ~~?!.~~VI??~ $29~600 . $29,~~ ... ., ~ .0 .'__.~...~ ."'.. ~. '0__'_.'_-'- _._._n.__ _. ...... . 8PR-12-'91 FRI 13:33 ID:DELRAY ENV. SERVICES TEL NO:407-243-7060 t:l241 P08 r-::-; CH2MH1LL.PROJEGt .COSIESl'lMATE.. - - 1 CLIENT CITY OF DELRA Y BEACH PROJECT NAME WTP CONVERSION TO liME SOFTENING DESIGN PROJECT NUMBER AMENDMENT _ TO SERVICE AUTHORIZATION NO.5 OPTION B - WITHOUT LIME BUILDING LABORCO$I[)ETAIl.;.:-AOOtT1ONAL COST.. RAW TASK. 2 HOURLY FINAL DESIGN TOTAL DIRECT LABOR @ CATEGORY (NAME) RATE ADD'L SERVICES HOURS LABOR MULTIPLIER 8 VP/SENIOFl CONSULTANT $33.30 0 $0 $0 7 SENIOA MGAlSENIOR CONSULTANT $33.30 0 $0 $0 6 PROGRAM. DEPT. OA DIV MGAlTECH CONSULT $33.30 9 9 $300 $899 5 seNIOR PROJECT MGRlTECH CONSULT $32.60 22 22 $717 $2.152 4 PROJECT MGR/SR PROJECT PROFESSIONAL $28.10 15 15 $422 $1,265 3 SR. PROJECT PROFESSIONAL $25.00 25 25 $625 $1,875 2 PROJECT PROFESSIONAL II $21.55 56 56 $1,207 $3,620 1 PROJECT PROFESSIONAL I $18.75 0 $0 $0 5 LEAD TECHNICIAN/SUPERVISOR It $22.90 43 43 $985 $2,954 4 SENIOR TECHNICIAN $18.95 0 $0 $0 3 CERTIFIED TECHNICIAN $17.35 0 $0 $0 2 TECHNICIAN $14.55 98 98 $1,426 $4,278 1 JUNIOR TECHNICIAN $12.75 0 $0 $0 o TECHNICAL AIDE $11.20 0 $0 $0 OFFICE SUPPORT $11.50 22 $252 $757 ~90 $5,933 $17,800 DIRecT"COSTDETA!l-ADOJTIONAL..COST ACTUAL MULTI ITEM DESCRIPTION DIRECT DIRECT COMPUTERlAUTOCADO $1,650 $1,650 $1,650 PRINTING, REPROGRAPHICS, ANO GRAPHICS $0 $0 WORD PROCESSING $100 $100 $100 SURVEYING $0 $0 SOILS $0 $0 AIR FARE $0 $0 AUTO MILEAGE $0 $0 TELEPHONE $50 $50 $50 , POSTAGE/FReiGHT $0 $0 SUPPLIES $0 $0 $1,$00 $1 ,800 TOTALLABOR.AI'ilO..OIRECTSERvrQi:S.. $ HI;600 . $19.600 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # tJP 4 - SPECIAL MEETING OF APRIL 16 , 1991 CIVIL ENGINEERING SERVICES CONTRACT DATE: April 12, 1991 At your April 2, 1991 Special Meeting, the Commission authorized staff to negotiate a contract with Mock, Roos and Associates, Inc. for civil engineering services. Staff is recommending that the Commission select at least two additional firms to perform professional civil engineering services for Capital Improvement Projects listed in the Comprehensive Plan, Decade of Excellence Bond Issue and on other approved Public Utilities projects. Recommend selection of at least two Civil Engineering firms and authorize staff to negotiate and award contracts for professional services. . DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: DAVID T. HARDEN CITY MANAGER FROM: WILLIAM H. GREENWOOD DIRECTOR OF ENVIRONMENTAL SERVICES DATE: MARCH 26, 1991 SUBJECT: CONSULTANT SELECTION COMMITTEE - CIVIL ENGINEER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Selection Committee members were as follows: ~ l. Robert Foy - Director of Utilities/City Engineer, Tamarac, Florida. 2. Mark Gabriel, P.E. - Asst. Director of Environmental Services/City Engineer, Delray Beach, Florida. 3. William Greenwood, Director of Environmental Services, Delray Beach, Florida. 4. David Harden, City Manager, Delray Beach, Florida. 5. John Guidry, Director of Utilities, Boynton Beach, Florida. 6 . Bevin Beaudeat, Director of Utilities, Palm Beach County, Florida. The Committee members present on Friday, March 22, 1991 at 2:00 P.M. to evaluate and rank the Consulting Civil Engineers were the following: l. Robert Foy, Tamarac, Florida 2. Mark Gabriel, P.E., Delray Beach, Florida 3. William Greenwood, Delray Beach, Florida 4. John Guidry, Boynton Beach, Florida. Not present but telephoned in his list and ranking of the top five ( 5 ) consulting firms. Absent from the meeting Mr. Harden and Mr. Beaudeat. 1 of 2 . . A . .,- ':;.- ~ , "- , \")- ':Jl "" - IV' ~ ~I \' ~ .1 .\ \, I ~ I--~ . . " , J , ~ '" I <oJ , .. ,.J ~ J- ilr - ~ '" ~ - - '. - " -I E-i I z :zo ~ 0 . E-i H .) ~ 8 -.- ~ ,.;( u ! ! r: p.. r&I J ~ ~ l. ~ ~ 0 ra1 ' ~ N ~ ~ - ~ tI] ~ Q Ul ~ ~ >-t U - - ~ H J ~ 8 '!J '^ \J\ -=l S ~ ~ ~ . ~ "1 I...., ~ :) Ul tI) ~ '- :zo ~ ... ~ 0 ) U E-i ~ ... Z -t ~ H -l > :>- ~ M N ) Z H - ('() 0 U <> ~ v... H ~ ~ r.:l la:I "!- :z: ~ ~. ~ D N ~ ~ '^ - - ::::> \!) . u . . c: u -. -. U H 0 . t7I c: In In c::: -. . -. u c::: H . ., In ~ . QI . 0 II( . 0 .f'i . . c: II( u ~ - . QI ~ u~ . 100 II) >0 u . 0 10 c: II) I. '" ~ QI c: 10 ~ ~ 0 1ft QI c: Ig 0 ~ ~ 10 H ~ '0 'j ;;}- of) N -.... u..... H U tU OJ < > H II) ..... 0:: c: ..... ,~ X QI en . X OJ ~ -f 1ft ::J .t: . 10 CD QI c: CI . ~ UJ - II( ~ ::J . ~ II( III 10 I~ . ~ -f ~ ..., .t: oEl . ~ 0 tI) ~ OJ C ~ 0 ..... ~ e 3 ~ 0 U ~ 10 ~ .. Q) Q) Q) .. 0 0 0 0 ::J +I 10 ~ .c: 0 cu c:: c: .. ..... 'tl ..... C U .c: ~ II V) tIS .... .c: cu .... Ei E-t .. > .t: 10 c:: .Q c::: II) .~ . u " c:: :c ra. UJ c:: II) 0 " 10 U ~ Q) ... 0 10 II) GJ Ig tI] I~ II( 0 ..J N IV) ::).. V) 00 en " .c: ..., II( cu tI) e" C a z ~ cu c::: 0 u ... ) - II) Q) ..... E-t 3 ~ :c x ~ 0 . CI tIS It GJ~ 4: ...~ ~ C>> cu ..., I .. . 0 I ... t7I 0:: W CD :l +I SC>> Pot ~Q) Q -f C ~ ~ . < .c: ).. C . a.. . . u 0 . tlSC Q)'O ~ C>> c: .. cuu .c: c QlO au CD u .., .... . . . ..... e ..... ....0 ~~ I~ ..... > 0 . .....c: .f,J c::: CD ....c: cos::: :9~ ~ .w .... s: .... C ....+1 ~ ::J ., ra. -f .....H .... s: OJ SH :lH e .6J u 0 U . . ., .....tI] 10 10 III ,.. ... ,.. Q) CD 0 ~ ... 10 ... ... cu 0 ,.. .... .c: .r:: .f,J -f r:Q U U U Q lIa. :r:: ~ ..., e" ~ ~ ~ E-t :II: :II: '" :a: V2 en (I) =- . .~ _~ ~ z -t- " ."' ... II ~. , lil 5 !: J I i C; ~\c.;.: ~ .. i ~ 0 I - ot lonti.c ave. L 1Il I ::r 0 "0 ." "0 0 so - 0' .0 0 (l) :;- 0 .c en . CD . " -t :c 0 -< CD - .. .::> ,.. ..., 0 ,... 0 '" A. CAMPBELL 0 . OJ '" ,.. 0 - "':D g ~ o.::r o 0 3 ... _0 ::>.0 C'Gl =1 I ST st. U\ .. :53 .., ;;;- =0 0'" n .... 1Il- ;:;: <:::. ::> (\) .c U 0 ... ;0:- .. ~ ~J~~~~ .~7 (;. ~l , ,-,,-rvzJ!J~"-7/ ~ ~I, ,. ('<; , ~,~~ ?">vO~~Cqp/ ~J ~CcJ /Va ~c 4 ~~J p~ '~~c -of:> ~p .~;pz7 .-I-+rJp r;7&~ -!-/).Y ~ _!:L~ p rvl0?C ~tP 1- (>f>~UL /VV1}:1' ~~(t)t:~ ~SbZ en/1o..mg' O"CIog~f t:1t:1 it ro 0' E:! Sb "CI . ~. m /1 '<~.E:! 0../1 I>>m~ en I>> ,...... "CI Q'Q ~. 0 N":J it /1 (') ro 1'1' ::r' b. ::1 < W".;:I ~ g. ~. rtO::r'itO Q'QI>>' /1 m ::1=: . "CI m /1 t-' \.0 0 0 Q'Q 0 t-' m I>> t-' < (:: ::1 ro O'~ en Ii it m Hlg ~.O m'Ot-' mOl>> roo.. enli rt::1m I>>::lit ::r'1>> o ~.. roo. :um mO' ro Ii (JQ ::r' t-' Ii ~N Hl ~. ::r' en m E:! rn 0. t-' o ~. (D it it CJ ~. m (D\.O ~ it ::l I>> 0 Ii CI)~ CJ ::1og rom /1 (')~. ~::1 (D ,Q V::l i ~ 0(D::l o.N(::m o m I>> Po Hl ~. ~. 0 I>> '< ~.ent-'Z o ~.g enit::1lio. ~.O "::I enitE:! ~ Q'Q en (D ::r' ~. ~. m ''d en Ii (D (D en Q'Q (D I>> 0::1~1i en 0' CI)'< rt::lHlen lU::1Q'Q 0 ~.lU Ii t-'..a ~~~.. ",e.o~'~ gg, ~ ~.(:: 51 IU llJ~. llJ Ii (JQ Ii Ii ~.Ii 0'1'1'0::1 ~c::o.(Dit ~ '< rt(D ~. (:: en~. '< ~. (:: ::1 it it ~ (D ::1 '< .. t-' ::1 en Q'Q ( Ii IU 0 t-' Q'Q ~. (DIU Q'Q::1(:: ~ ::1 ~. Hl ~ (') ~ Q'Q Hl (D t-' en ::r' ~. \.0 1(')\.0 t-' MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: PROPOSED SIGN CODE CHANGES -- DATE: APRIL 9, 1991 ITEM BEFORE THE COMMISSION - - Presentation on the existing Sign Code and a list of proposed changes to the Sign Code by the Community Improvement Director. City Commission consideration of and direction on changes is required. BACKGROUND: The City's existing Sign Code was developed initially in the early 70's. Since then, there has been one major amendment to the code, which occured in 1986 and other amendments that were made a part of the development and approval of the Land Development Regulations (LDR's). The City Commission has expressed some concerns with the existing code as it relates to providing adequate signage to businesses. We have also received several recommendations and comments from local sign contractors and area businesses to amend the code to accommodate additional signage, consider the existing height limitations imposed through the code, consider set-back requirements and the City's ability to further streamline the approval process. We would propose that the City Commission provide us with a consensus on the Statement of Purpose for the Sign Code, in particular, the Commission's visions and goals that the Sign Ordinance is designed to achieve. In some cases, creative solutions will be necessary to address some of the concerns, i.e. murals, odd-shaped properties, historic neighborhoods, etc. We will address and provide staff recommendations to some of the concerns as part of this presentation. Each of the changes are identified within the attached document. RECOMMENDATION: The City Commission is asked to consider proposed amendments as presented by staff to the existing Sign Code, provide direction regarding nonconforming signs and direct staff to submit all proposals through the SPRAB and P&Z boards prior to City Commission formal approval. LB:DQ Attachments LB6 Signs.LB ~/d . PROPOSED ISSUES AND PROPOSED SIGN CODE AMENDMENTS CITY COMMISSION WORKSHOP MEETING APRIL 16, 1991 The following proposed sign code changes and policy issues represent some of the changes that were discussed and originally proposed through meetings held in 1989 with local sign contractors and staff. We have also incorporated changes that appear to reflect consensus positions from the Commission. l. POLITICAL SIGNS: We would recommend maintaining current language within the existing code but add that candidates, when filing for election, be given a copy of the code governing "political signs" and that a bond in the amount of $100 be posted with the City. We would further recommend that the bond be refundable if all temporary political signs are removed within the 10-day requirement following the election. 2. FLAGS: CURRENT CODE: Three ( 3) flags are permitted to be flown simultaneously with the flags being designated as one (1) u.s. flag, one (1) of another nation and either a State or Municipal flag. PROPOSED CHANGE TO CODE: We would recommend the code be changed to allow three (3) flags which may consist of an American, Municipal, State or another Nation but that three ( 3) of the same flag types may not be flown simultaneously. 3. NOSTALGIC SIGN CODE LANGUAGE: -- CURRENT CODE: No current language exists. Nostalgic signs are considered as a waiver to the sign code and require a public hearing for consideration. PROPOSED CODE CHANGE: We would recommend amending the sign code to provide for recommendations to the City Commission on designations for Nostalgic Signs by the Historic Preservation Board with the inclusion of criteria for designations being signs that have a historic or nostalgic appeal and were unique designs constituting expression of art rather than simple advertising or one which serves a public purpose. Language regarding required maintenance standards of such signs should be included. Page 2 Proposed Sign Code Amendments City Commission Workshop Meeting April 16, 1991 4. MENU BOARD SIGNAGE: CURRENT CODE: Does not separate this type of signage from any flat wall or free-standing signs. PROPOSED CODE CHANGE: We would recommend an amendment to the existing sign code that would provide for a flat wall or free-standing outdoor "Menu Board" sign in addition to the current number of signs that are allowed per business. Such amendment should specify that menu boards be limited to restaurants and other businesses that commonly use them in association with drive-thru windows, i.e. fast food restaurants. Menu boards shall not exceed 6' in height and 40 sq. ft. in size. 5. SIGN HEIGHT: CURRENT CODE: Free-standing signs may not exceed 18 feet in height. The former Community Appearance Board had regulated, under their aesthetic review purview, a reduction from 18' to 16' along Federal Highway and in other areas where deemed appropriate. We think this is appropriate and legal within the interpretation of the code. SP RAB continues to require such height reductions. Several requests from local business owners have been made to have the City Commission consider amending the sign code to accommodate a greater sign height (25 feet) for businesses located along the 1-95 corridor. The concern is the ability to effectively advertise to vehicles traveling along 1-95. PROPOSED CODE CHANGE: NONE - We would not recommend amending the maximum height allowed under existing code. 6. MURALS/SIGNS WITHIN MURALS: CURRENT CODE: Murals are not addressed within the current sign code. PROPOSED CODE CHANGE: We would recommend amending the existing code to provide for murals within Commercial zoning districts. A mural or graphic painted wall shall not be considered a sign provided the mural or graphic does not directly represent or constitute advertisement of the goods, products or service provided on the site. When a mural or graphic includes identification of an establishment or specific services or products representing the service or product provided on the site, only that portion of the mural which specifies such information, shall have its area included in the calculation of the sign area. Page 3 Proposed Sign Code Amendments City Commission Workshop Meeting April 16, 1991 OTHER POLICY DIRECTION ITEMS: 1. NONCONFORMING SIGNS TO BE REMOVED BY JULY 10, 1991 We have attached the list of all nonconforming signs that are pursuant to Section 4.6.7(H) required to removed by July 1991. Most of these signs are located in areas tha t have been annexed into the Ci ty over the past two ( 2 ) years. The list identifies the type of nonconformity. There are three (3) main violations that appear to be common -- signs in violation of setback requirements, signs in excess of the 18' height limitation and those that have an excess number of signs. We would recommend allowing a two (2) year amori tiza tion period for businesses to comply with code requirements for properties annexed into the City since 1985. All other nonconforming signs should be made to comply immediately. The treatment of billboards is a separate issue. We have attached a copy of Palm Beach County's Code, which prohibited billboards and how they have elected to eliminate existing billboards. The City Attorney's guidance will be necessary on this matter. 2. SETBACK ISSUES: The Commission may wish to discuss changes to the setback requirements on free-standing signs. The Commission has considered twenty-one ( 21) requests for waiver to the Sign Code since August 1990, thirteen (13) of which were waivers to setback requirements. There are provisions within the code to locate signs within the 10' setback and up to the property line; however, the code is structured to encourgage the use of smaller signs (monument signs) to do so. I've attached a listing of these waivers for your reference. Allowing larger signs within the 10' setback may be a consideration of this Commission. Staff needs direction on this matter. 3. BANNER SIGNS: We currently provide for the use of banner signs during grand opening celebrations for newly-opened businesses. The code limits the size, colors to be used and restricts the number of weeks the banner can be up. There are constant requests from businesses to use banners for special event activities. Other communities do have provisions that allow banners with special event activities. The Commission should provide staff direction as to whether or not they wish to consider any changes to the code on the use of banners. LB6 Signs2.LB " SIGN CODE WAIVER REQUESTS - AUGUST 1990 - APRIL 1991 DATE BUSINESS WAIVER REQUEST 8/90 Bennett Auto Setback 298 NE 6th Ave Saturn Free-standing sign size 2850 S. Federal Hwy Mobil Flat wall sign size 1001 S. Congress Ave Costco Flat wall sign size 500 Linton Blvd Bill Wallace Setback Linton Blvd. Dennis Fronrath Setback 310 SE 6th Ave Linton Square Setback Congress Ave 9/90 Mt. Olive Setback NW 4th Ave 10/90 Abbey Delray Add'l subdivision/entrance sign S. Congress Ave Reviewed again 1/91 World's Best Burger Setback 550 NE 6th Ave Reviewed again 12/90 11/90 La Pinata Setback 1920 s. Federal Hwy 1550 Building Setback N. Federal Hwy 12/90 Health Care Setback W. Atlantic Ave Tomelleri Signs in right-of-way Dixie Blvd 1/91 Bait & Tackle Mural N. Federal Hwy O.C. Taylor Setback and number of signs 700 NE 6th Ave 2/91 Rod and Gun Setback W. Atlantic Ave 3/91 O.C. Taylor Number of signs 600 SE 5th Ave Porter Paint Nostalgic designation 650 NE 6th Ave BILLBOARDS Palm Beach County, Florida, amortizes prohibited, nonconforming off-premise billboards by the length of time the sign has been in existence: Those off-premise signs that have been in existence for three ( 3) or less years--shall be removed eight (8) years from the official amortization date. Those off-premise signs that have been in existence for five (5) to three (3 ) years--shall be removed six (6) years from the official amortization date. Those off-premise signs that have been in existence for seven (7) to five (5) years--shall be removed four ( 4) years from the official amortization date. Those off-premise signs that have been in existence for seven (7) or more years--shall be removed two (2) years from the official amortization date. f .! I :l I ~ I : oJ ! j .. I i I l ~ a I - .. ; 1-= 1 .; == :. ;i~l is .. ' "' u ; . - II 1 j ! ,g ! ~;;J: ij ij ij ~ ; ~ c .. a ... IS I 5 ~ i ~ ':: (l- ~ l' j.t ;; I I I- ~'81 I . ~ i . iH] lJ~ . . . ':t U U - .II J 0 . 'is ... ... 6 -::: I:! 't e .. 0 .- .! 6 F.. .. .. .. 1 'is .. .. ;i ) J .. .II i~ .. .... II ~ ~ ... . - i .j ~ ... ~ ; ~ .. - ].t j .= 0 ij J:I .u r! s 'l5 C ! Ie ..~ :E 3 ~ . -I f- a ~l fl I] J .51 :; 1 11 ] 1 1 ] 1 ] ] ]] 1 ] -. .. U,8- .. :! " A e .. (,.) .il .. s e= == 1- :< :< i < < :< << < 'C E ~gf G E< << ~< < 5 < < ... i :I . '" 0 ,g C2 E-.... f- a .... .II .. .; . . en .;. .t-. i. . .; . . . . . . . < j oj - ~ ~ ~ f- c: -; tlJ ~ Ai ~ ~ . . z . . t-. ~. . 8r: . . . . . . '" ., u u - . - ex::::r: 0 ::r: ::r: ::t ex:: N .. ~ ~ t ! i - Q j M :E 0 ~ ! X ex:: a.. . ~ a I . ~ II j I I 4 ~ I aJ o! ~ i1 . j= t::::" J 0 .. .~ !5 _ ~l . . . G . -~ i 1 j .II . Ii. td .g'ij.!e j ~ : .. ;1 ) >< ex:: ]~l z t3 :l ~ S . < ~B~:: ~j - ..1 . :1 . j j c:I .... ~- ~ ex:: Cl .. .8 - - s ~ ~ I I 0 E- o::: b o . ..!! ~ ,I r s S j .. I 'a !! ~ ! -I .!'- u < a.. ~ . v ~ d 0 ! .. en 6 ; 0 .. - <: !:J - 0 en u Q 'C :I: [IJ z I ~ Ii i t.: 1 :J ... tI:l Z .: 0 c:I c::: .~ tI:l 0 ~ tb N e ti v < Cl 0 e Q I~ D ~ 5 IS N i :~ 5 .. ~ 'i-f!-ls is::.: ~ .... ::1':- 6 :; ... II .. ._ _ j .: .:...J ~ = = .: .: = = ~-]i z ~ e i:J E1'5'5 t:.. ~jlt2t t~ ! ;g~JJl It i Ii .- ~ I-=- - i~ii 0 t t t lfl1f4 :I - R ~ t c::: !'is.S~R ~~ ! '" .8'8.) .. 2 ~ .. 0 r:::r ro S I i ~ en (:j < ~ z < ~~ tI:l < ~.tfJ2 - en ~g- ~ -11 ~ E- Z u:J -3 :;) --.I i : I u z .... 0 ...J .. 0 s . C'I Z Q .Q t.IJ [IJ Z . - ~ 9 E- o:: - v - .. c.. en ~ . :-l i < 10 .a 0 0 I - ...J t3 0 ~iJ ~ : ~z : I 't i I j "i tlJ .~ 5 il ...J .. ..- c::: ~.; :< ~ ~ . ~ .j 1 ~ ~ !~ ! j ~ _ c J j > en iiJj~ ~ At 5 i ~~ . j t 1 Q. uJ .. ~.. u:J .. I. I. ! &. i e ~ oaf! d - 0 6 . Cl en ! I 8 .5! en 5 51 ..... ! ~~ I i i . I z Cl t:J . .. 0 s .. ! .. 9 ~ z i 1:.'2 ~ !::.J :I Z - ::l :E e en en 0 ::l ..... :E - .. f::' N c::o 0 0 J Q '-" ...J .; :!' c:r:: .; ~ ~ .; : :!' .ru .; ~ ! f : 'W; ......... < '" -ij <II ~~ '" 1 - -= O"l .! I .. .; CIO 0 0 ..., c .; tlJ '0 ; _ a J ; _..!l Z J I I ; c: ~ t.:.. o -=.!l t.:.. .! l~ ~ ~ !:; " !:;li i i 1 i ::: :1\ 14 --u i \Q Z ~ 0 0 .. "i I ;:1 f;:::: c: ~ ~ ~ e] !! ~ t:J ~ C1. Z ~ ~ ~ Z ... ... II ... '-' ..... F;' ~ ;:;; ...:::1 ... Cl e 1.lil~ ..... e - fij'Z I. - .....~ e .. - - c:: ~ - ~ ~ ~ z ,~ .e ~ ~ . - Z Z v 0 ~ V .. 0 2 g ... (,.) - tI... ~ c:r:: en Vl :r. tI) - - - - . NONCONFORMING SIGNS TO BE REMOVED JULY 10, 1991 BUSINESS NAME SIGN TYPE VIOLATION -- ANNEXED SIGNS - ALL STATE INSURANCE CO. Fla t Wall Two off premises signs 4989 W. Atlantic Ave. ASTOR SWIMWEAR OUTLET Flat Wall Two off premises signs 5001 W. Atlantic Ave. BARNETT BANK Free Standing l. Height over 18 feet 4650 W. Atlantic Ave. (21' 5") 2. Sq. Ft. over 160. 3. Setback BOCA DELRAY ANIMAL HOSPITAL Free Standing Setback 14888 W. Atlantic Ave. BUSHEY'S RELIGIOUS SUPPLIED Free Standing Setback 2401 N. Fed. Hwy. CAPITAL BANK Free Standing l. Height over 18 feet 650 N. Congress Ave. (In excess of 26 ft.) 2. Setback CARLSON MOTEL Free Standing l. Sq. Ft. over 160 1600 N. Fed. Hwy. 2. Setback CATER FURNITURE Free Standing Height over 18 feet 1640 N. Fed. Hwy. (In excess of 26 ft.) CHEVRON, BENNY'S Free Standing l. Height over 18 ft. 1314 N. Fed. Hwy. (22 ft.) 2. Setback CHEVRON, BENNY'S Free Standing l. Gas Pump Advertising 1314 N. Fed. Hwy. 2. Outdoor Display, excess signage CONSOLIDATED ELECTRIC SUPPLY Flat Wall Excess flat wall sign 3375 W. Atlantic Ave. CROWN LIQUORS Flat Wall Exceeds 15% of Bldg. Face 1330 N. Fed. Hwy. CYMBALS RESTAURANT Flat Wall l. 1 excess flat wall sign 600 N.Congress Ave.#100 2. Rear sign over 9 sq. ft. DEL RATON TRAVEL TRAILER Roof Top Sign Roof Top Sign 1 3008 S. Fed. Hwy. DEL RATON TRAVEL TRAILER Free Standing 2 excess free standing signs 3008 S. Fed. Hwy. DELRAY OFFICE PLAZA Free Standing 1. Excess free standing 2. Setback DELRAY PAWN SHOP Flat Wall Excess flat wall signs 2409 N. Fed. Hwy. DELRAY PAWN SHOP Free Standing 1. Setback 2409 N. Fed. Hwy. 2. Excess cabinets 3. Height over 18' (20') DELRAY SHOPPING CENTER Free Standing 1. Height over 18 ft. 1330 N. Fed. Hwy. (In excess of 26 ft.) 2. Sq. Ft. over 160 3. Setback DELRAY SQUARE Free Standing 1. Height over 18 ft. Cinema (20 ft.) 4809 W. Atlantic Ave. 2. Sq. Ft. over 160 3. Setback 4. Excess free standing DELRAY SQUARE Free Standing 1. Height over 18 ft. Dino's Pizza (In excess of 27 ft.) 4967 W. Atlantic Ave. 2. Setback Sign located on Mil. Tr. 3. Excess free standing DELRAY SQUARE Free Standing 1. Height over 18 ft. Main Tenant Sign (In excess of 27 ft.) W. Atlantic Ave. 2. Sq. Ft. over 160 3. Setback 4. Excess free standing 5. Off premises some tenant DELRAY SQUARE Free Standing 1. Height over 18 ft. Main Tenant Sign (In excess of 27 ft.) (Phar-mor) 2. Sq. Ft. over 160 Military Trail 3. Excess free standing/ Off premises tenants DELRAY SQUARE Free Standing 1. Height over 18 ft. Ames (In excess of 27 ft.) Military Trail 2. Sq. Ft. over 160 3. Excess free standing DELRAY WEST PLAZA Free Standing 1. Height over 18 ft. Main tenant sign (In excess of 27 ft.) Atlantic Ave. 2. Sq. Ft. over 160 3. Setback on r-o-w 2 FLAGLER NATIONAL BANK Flat Wall 3 excess flat wall signs 4920 W. Atlantic Ave. FOUR SEASONS RESTAURANT Flat Wall Over 15% of bldg. face. 14820 S. Mil. Tr. FRANTIQUES Free Standing Setback 2213 N. Fed. Hwy. FROG LOUNGE Free Standing Height over 18 ft. (20' ) 1325 N. Fed. Hwy. GREAT WESTERN BANK Free Standing 1. Excess free standing 4999 W. Atlantic Ave. & sign over 50 sq. ft. Mil. Trail 2. Setback GREAT WESTERN BANK Mili tary Trail Free Standing 1. Excess free standing sign 2. Setback GREAT WESTERN BANK Fla t Wall 3 excess flat wall signs 4999 W. Atlantic Ave. GREEN GIANT GARDENS Free Standing Setback 4678 Wa. Atlantic Ave. GULFSTREAM TRAVEL Free Standing Setback 800 Palm Trail HARDCO AUTO BODY Roof Sign Roof Sign 15811 Gwenzell Ave. HOUSE OF APPLIANCES Free Standing 2165 W. Atlantic Ave. l. Setback 2. 1 excess free standing HOUSE OF APPLIANCES Flat Wall l. 1 excess flat wall 2165 W. Atlantic Ave. 2. Sign face exceeds 15% JENNINGS, RUSSELL Fla t Wall 1 excess flat wall sign 705 Bond Way JONES, DAVID Free Standing 2170 W. Atlantic Ave. l. Sq. Ft. over 160 2. Setback JEAN'S YARN WAREHOUSE Flat Wall l. Off Premises Sign 2. Rear Sign over 9 sq.ft. KLEINS FURNITURE Free Standing l. Excess free standing 14466 W. Mil. Trail 2. Out of business KRAZIES KUSTOM EMF. Fla t Wall Exceeds 15% of Bldg. Face 4 DELRAY WEST PLAZA Free Standing 1. Height over 18 ft. Main tenant sign (In excess of 27 ft.) Military Trail 2. Sq. Ft. over 160 3. Setback DELRAY WEST PLAZA Under Canopy 13 signs over 4 sq. ft. W. Atlantic & Mil. Tr. DESCO HYDRAULICS Flat Wall Sq. Ft. over 15% of Bldg. 400 Gulfstream Blvd. Face DINETTE SHOWCASE Flat Wall 1 Excess flat wall sign 14400 S. Mil Tr. DISCOUNT DRUGS #3 Flat Wall Sq. Ft. over 15% of Bldg. 1334 N. Fed. Hwy. Face DUNKIN' DONUTS Free Standing 1. Setback on r-o-w 4800 W. Atlantic Ave. 2. Sq. Ft. DUNKIN' DONUTS Free Standing Setback on r-o-w 4800 W. Atlantic Ave. Directional ECKERD Flat Wall 1 excess flat wall - logo 14828 S. Mil. Tr. ELYA'S FASHIONS Flat Wall 1 excess flat wall 14416 S. Mil. Tr. ENTERPRISE LEASING Free Standing Height over 18 ft. 2805 S. Fed. Hwy. (In excess of 26 ft.) EXECUTIVE MOTORCAR Free Standing 1. Height over 18 ft. 2626 S. Fed. Hwy. (In excess of 26 ft.) 2. Sq. Ft. over 160 3. Off Premise location 4. Setback FIDDLERS RESTAURANT Free Standing De1ray West Plaza 1. Excess free standing W. Atlantic Ave. 2. Setback FIRST UNION Flat Wall 2 excess flat wall signs 4899 W. Atlantic Ave. FIRST UNION Free Standing Setback 4899 W. Atlantic Ave. FLAGLER NATIONAL BANK Free Standing 1. Height over 18 ft. 4920 W. Atlantic Ave. (25 ft.) 2. Setback 3 15811 Gwenzell Ave., UD LA JINK CHINESE RESTAURANT Flat Wall 1. Exceeds 15% of Bldg.Face 600 N. Congress Ave. 2. Off Premises signage LAKE IDA PLAZA Free Standing l. Height over 18 ft. Congress Ave.fLake Ida (In excess of 26 ft.) Main Tenant Sign 2. Sq. Ft. over 160 3. Setback LE PETIT CHALET Free Standing Setback 2519 N. Fed. Hwy. LINTON CENTRE Roof Sign 2 real estate roof signs Tangelo Terr. LITTLE CAESAR'S PIZZA Flat Wall 1 excess flat wall sign 14530 S. Mil. Trail LLOYD'S TIRE CO. Flat Wall 5 excess flat wall signs 4735 W. Atlantic Ave. LLOYD'S TIRE CO. Free Standing Height over 18 ft. 4735 W. Atlantic Ave. LOCAL BEAUTY SUPPLY F1a t Wall Rear sign exceeds 9 sq. ft. 4979 W. Atlantic Ave. MAURY'S TOOL CHEST Free Standing Setback 2210 N. Fed. Hwy. MOBIL Free Standing l. Height over 18 ft. 4970 W. Atlantic Ave. (19 ' 5") 2. Setback PARK AVE. LIMOUSINE Free Standing Excess free standing sign 2715 S. Fed. Hwy. PARK & JEWELRY PLACE Free Standing Height over 18 ft. 2715 S. Fed. Hwy. (20' 10") PETER PAN GIFTS Free Standing 1. One excess sign 1731 N. Fed. Hwy. 2 Excess sign cabinets 3. Height over 18 ft. (19' ) PETER PAN GIFTS Flat Wall Excess flat wall signs 1731 N. Fed. Hwy. PIP PRINTING Flat Wall 1 excess flat wall 14860 Mil. Tr. PUBLIX 4771 W. Atlantic Ave. Flat Wall Exceeds 15% of Bldg. Face 5 QUALITY LIGHTING Free Standing Height over 18 ft. (20 ft.) 2801-2803 S. Fed. Hwy. RADIO SHACK Fla t Wall 3 off premises signs on 4947 W. Atlantic Ave. tower RADIO SHACK Flat Wall Rear sign exceeds 9 sq. ft. 4947 W. Atlantic Ave. RINKER MATERIALS CORP. Free Standing 2 free standing signs over 1700 W. Atlantic Ave. 18 ft. (26 ft. +) SAFEWAY SELF STORAGE Flat Wall 2 excess flat wall signs 551 S. Congress Ave. SECURITY STORAGE Flat Wall Excess signs south elevation 189 Linton Blvd. west elevation SCOTTY'S Free Standing 1. Height over 18 ft. 4840 W. Atlantic Ave. (In excess of 26 ft.) 2. Sq. Ft. over 160 3. Setback on r-o-w SECURITY STORAGE Flat Wall Exceeds 15% of bldg. face 2900 Georgia St. SECURITY STORAGE Free Standing Off premise free standing 2900 Georgia St. SEVEN-ELEVEN Free Standing Height over 18 ft. 2881 S. Fed. Hwy. (23-1/2 ft.) SHERWOOD PARK LAUNDRY Flat Wall 1 excess flat wall sign AND DRY CLEANERS 1051 S. Congress SHOPPES OF DELRAY Free Standing 1. Height over 18 ft. 14440 S. Mil. Tr. (27 ft.) Main Tenant Sign 2. Sq. Ft. over 160 3. 2 excess F.S. signs SHOPPES OF DELRAY Free Standing 1. Sq. Ft. over 160 14440 S. Mil. Tr. 2. Setback Dinette Showcase 3. 2 excess F.S. signs 4. Height over 18 ft. (20 ft.) SHOPPES OF DELRAY Free Standing 1. Height over 18 ft. 14440 S. Mil. Tr. (27 ft.) Miller Paint 2. Sq. Ft. over 160 3. 2 excess F.S. signs 6 STANDARD CONCRETE Free Standing 2 Free standing signs 231 NW 18th Ave. Height over 18' (26'+) STOP N GO Free Standing l. Height over 18' (22'3") 3321 W. Atlantic Ave. 2. Setback SUPER FURNITURE Free Standing l. Setback - 2 signs 1551 N. Fed. Hwy. 2. Height over 18 ft. Eastview Ave. (Super Dinette) (22 ft.) (Fed. Hwy.) TACO BELL 113844 Free Standing l. Height over 18 ft. 4850 W. Atlantic Ave. (22 ft.) 2. Sq. Ft. over 160 3. Setback TACO BELL 113844 Free Standing l. Height over 5' (12'3") 4850 W. Atlantic Ave. 2. Sq. Ft. over 6 TACO BELL 113844 Free Standing Excess free standing sign 4850 W. Atlantic Ave Menu Board Menu Board TACO BELL 113844 Flat Wall 2 excess flat wall signs 4850 W. Atlantic Ave. TARMAC FLORIDA, INC. Free Standing 2 free standing signs over 1300 S. Swinton Ave. 18 ft. TADPOLE LOUNGE Free Standing l. Height over 18 ft. 2515 N. Fed. Hwy. (In excess of 26 ft.) 2. Setback 3. Sq. ft. over 160 TRADEWIND POOLS & SPAS Free Standing Off Premises 2703 S. Fed. Hwy. TRADEWIND POOLS & SPAS Flat Wall Exceeds 15% of bldg. face 2703 S. Fed. Hwy. West elevation TRADEWIND POOLS & SPAS Flat Wall Excess flat wall sign 2703 S. Fed. Hwy. North elevation TRAILS END PLAZA Free Standing Setback 14466 S. Mil. Tr. TRUMAN SAVINGS Flat Wall 2 off premises signs 4975 W. Atlantic Ave. TRUMAN SAVINGS Flat Wall Rear sign exceeds 9 sq. ft. 4975 W. Atlantic Ave. VIKING ENGINEERING Free Standing Setback 1601 N. Fed. Hwy. 7 "'1 WAG'S RESTAURANT Free Standing Height over 18 ft. (20'5") 4525 W. Atlantic Ave. WICKER OUTLET Free Standing Setback 1405 N. Fed. Hwy. WINGS N THINGS Flat Wall 1 excess flat wall sign 14803 S. Mil. Tr. WINN DIXIE 11344 Flat Wall Exceeds 15% of bldg. face 600 N. Congress Ave WINN DIXIE Fla t Wall Exceeds 15% of bldg. face 14824 S. Mil. Trail NONCONFORMING SIGNS INCLUDING THOSE MADE NONCONFORMING BY ORDINANCE ENACTED JULY 10, 1986 DELRAY COMMERCIAL CENTRE Free Standing Setback 935 S. Congress Ave. DELRAY LINCOLN MERCURY Free Standing 1. Height over 18 ft. 2102 S. Fed. Hwy. (25 ft.) 2. Sq. ft. over 50 (190 sq. ft.) DELRAY PLAZA Free Standing Height over 18 ft. (25') 2275 S. Fed. Hwy. FLORIDA POWER & LIGHT F1a t Wall Extends over 8" from wall SE 10 St. & Dixie PORTER PAINTS Roof Sign Extends over roof line 650 N. Fed. Hwy. R.O. PRIEST Projecting Projects more than 3' 814 E. Atlantic Ave. TOYOTA Free Standing Height over 18 ft. (25') 2001 S. Fed. Hwy. SIGN TO COME INTO CONFORMITY PER CITY COMMISSION APPROVAL 12/27/89 DELRAY COMMERCIAL CENTRE Free Standing Setback 935 S. Congress Ave. SIGN MADE NONCONFORMING BY ORDINANCE ENACTED DECEMBER 1975 PRIEST, R.O. Projecting Projecting over 3 ft. 814 E. Atlantic Ave. 8 BILLBOARDS 2 N. Congress Ave, Delray Concrete Abutting N. Congress Ave. & NW 2nd St. w. Atlantic Ave. & NW 18th Ave. 2170 w. Atlantic Ave., adjacent to David Jones Construction 3333 W. Atlantic Ave, adjacent to De1ray Concrete Products 4760 W. Atlantic Ave. 4970 W. Atlantic Ave, Mobil 3008 S. Fed. Hwy., Delraton Travel Trailer 3416 S. Fed. Hwy., Orange Royal 3008 S. Fed. Hwy. 1191 N. Fed. Hwy., Sir Speedy 2210 N. Fed. Hwy., Maury's Tool Chest 2213 N. Fed. Hwy., Frantiques Poinsettia Dr., Facing 1-95 BENCHES 2703 S. Fed. Hwy., AAA United Pest Control 3000 S. Fed. Hwy., Absolute Ins. Co. 3416 S. Fed. Hwy., Orange Royal Military Trail, Delray West Plaza, McDonalds Military Trail & W. Atlantic Ave. NE corner, Podiatry Military Trail next to Ames, Sun Valley 14440 S. Military Trail, AAA United Pest Control 14624 S. Military Trail, Hess 4525 W. Atlantic Ave., Sun Valley 4665 W. Atlantic Ave., Wings & Things 9 . 4665 W. Atlantic Ave., Sun Sentinel 4723 W. Atlantic, Rehab & Therapy 4920 W. Atlantic Ave., Jazzercise PROPOSED ANNEXED PROPERTIES 2/91 AMERFIRST Free Standing l. Height over 18' 14743 S. Mil. Tr. 2. Setback AMERFIRST Flat. Wall 2 excess flat wall 14743 s. Mil. Tr. AMERIFIRST Fla t Wall Accessory use sign over 10 14743 s. Mil. Tr. sq. ft. BP Free Standing Setback for Mi. Tr. Sign 5010 Mil. Tr. BP Flat Wall 3 excess flat wall signs 5010 Mil. Tr. BP Free Standing 8 tank top signs prohibited 5010 Mil. Tr. BP Directional Over 6 sq. ft. 5010 Mil. Tr. BP Flat Wall 2 Car Wash signs, exceeds 5010 Mil. Tr. 10 sq. ft. CARPETEXPO Flat Wall Excess flat wall sign 14565 Mil. Tr. CHARTER SAVINGS Free Standing Setback in r-o-w 14565 Mil. Tr. Directory Sign CHARTER SAVINGS Flat Wall 1 excess flat wall 5300 W. Atlantic Ave. DELRAY BEACH DISCOUNT LIQUORS Flat Wall Excess flat wall sign 14641 Mil. Tr. DELRAY LIGHTING Flat Wall Excess flat wall sign 5155 W. Atlantic Ave. EXECUTIVE SQUARE Free Standing l. Setback 5300 W. Atlantic Ave. 2. Sq. Ft. Sign Face EXECUTIVE SQUARE Free Standing Excess wall sign 5300 W. Atlantic Ave. 10 FIDELITY FEDERAL SAVINGS Free Standing l. Height over 18 ft. 5017 W. Atlantic Ave. 2. 2 excess sign faces FIDELITY FEDERAL SAVINGS Free Standing l. Height over 18 ft. 5017 W. Atlantic Ave. 2. Setback (Military Trail) 3. Excess shopping ctr.sign FIDELITY FEDERAL SAVINGS Flat Wall 1 excess flat wall sign 5017 W. Atlantic Ave. FIRESTONE Flat Wall 5 excess flat wall signs 5190 Mil. Tr. FIRESTONE Free Standing l. Setback 5190 Mil. Tr. 2. Sq. ft. over 160 3. Height over 18' FRANKEL'S Flat Wall l. 1 excess flat wall sign 14555 Mil. Tr. 2. Over 15% of bldg. face GREAT WESTERN Free Standing l. Height over 18' 5061 W. Atlantic Ave. 2. Setback HOUSE THINGS Fla t Wall 1 excess flat wall sign 15445 Mil. Tr. J. BYRONS Flat Wall 2 excess flat wall signs 14595 Mil. Trail K MART Flat Wall Excess flat wall sign 14539 Mil. Trail MARKETPLACE Free Standing l. Over 6 Sq. Ft. W. Atlantic Ave. Directory 2. Over 5' height MARKETPLACE Free Standing l. Height over 18 ft. Military Trail 2. Sq. ft. over 160 Main tenant sign 3. Setback MARKETPLACE Free Standing l. Height over 18 ft. Atlantic Ave. 2. Sq. ft. over 160 Main tenant sign 3. Setback MARKETPLACE Free Standing l. Height over 18 ft. 14641 Mil. Trail 2. Sq. ft. over 160 Delray Discount 3. Setback Liquors 4. Excess free standing (Barber) 5. Snipe sign MCDONALD'S Free Standing l. Height over 18 ft. 14529 S. Mil Tr. 2. Sq. ft. over 160 3. Excess shopping ctr.sign 11 MCDONALD'S Free Standing l. Sign face over 6 sq.ft. 14529 S. Mil. Tr. Directional 2. Over 5' height MCQUICK Free Standing l. Height over 18 ft. Mil. Trail 2. Setback PERFECT VISION Flat Wall Excess flat wall 14565 Mil. Tr. PONDEROSA Flat Wall Abandoned sign 14701 W. Atlantic Ave. PONDEROSA Free Standing Abandoned sign 14701 W. Atlantic Ave. STEIN, R., D.D.S. F1a t Wall 1 excess flat wall sign 5175 W. Atlantic Ave. TEXACO Flat Wall 3 excess flat wall signs Military Trail Pump Signs 2 advertising signs TEXACO Free Standing l. Height over 18 ft. Military Trail 2. Sq. ft. over 160 3. Setback BENCHES: Mil. Tr., next to K Mart, Wings N Things NE corner of W. Atlantic Ave. & Mil. Tr. (Dr. Shaff) W. corner W. Atlantic & Military (Carroll Chiropratic) ADDITIONAL ISSUES TO BE DISCUSSED: Signs not included are those made nonconforming by the road widening at Congress Ave. and Linton Blvd. Staff recommendation is not to enforce removal until such time as the road is additionally widened. A policy needs to be established for those nonconforming signs which are annexed and brought into the city after the conformity date of July 12, 1991. 2/7/91 12