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07-16-91 Special/Workshop CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL MEETING - JULY 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, Nayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held immediately prior to the Workshop Meeting scheduled for 6 P.M. on Tuesday, July 16, 1991 in the First Floor Conference Room. This meeting has been called for the purpose of considering the following: 1 . Declare an emergency and award bid to Edwards Electric for the installation of a hard wired 2,000 amp circuit, and heat and smoke detectors in critical areas of the old Water Treatment Building in the amount of $10,000 with funding from Water and Sewer/Equipment Replacement Program (Account No. 442-5178-536-61.76) . 2. Declare an emergency and award bid to Insituform to install a fiber glass liner through 391 lineal feet of 12 inch sanitary sewer line along Andrews Avenue between Lowry Street and Beach Drive, in order to abate salt water intrusion and to avoid a possible collapse of the roadway, in the amount of $24,721.75 with funding from 1991 Water and Sewer Revenue Bond/Manhole Rehabilitation, Replacement, Repair (Account No. 447-5169-536-60.31) . 3. Award the bid for intersection improvements at S.W. 4th Avenue and S.W. 10th Street to Pavex Corporation in the amount of $166,061 with funding from General Construction Fund (Account No. 334-3141-541-60.62) . Account balance $343,610. 4. Approve the retention of outside c.ounsel, Robin Fawcett, to represent the City Manager David Harden in the Ritchason versus the City of Delray Beach matter. t2tMn ~~Jlad;¡- Alison MacGregor Harty City Clerk ." . (þ¡ua-u<-d- 5- 0 MEMORANDUM TO: David T. Harden city Manager FROM: William H. Greenwood Director of Environmental Services SUBJECT: WATER TREATMENT PLANT MAIN FEEDER BUSS BAR FAILURE DATE: July 15, 1991 A listing of events and probable cause for the buss bar to burnout on the main feeder is as follows: 1. July 9, ~991 - 10:30 p.m. smoke was detected in the Water Treatment Plant old lunch room by Mr. John Bullard, Operator A/Trainer and the Fire Department was notified and responded. No fire was discovered but smoke originated from the main feeder buss bar. July 9, 1991 - 10:45 p.m. - Public utilities Electrical Maintenance staff responded and FPL also responded and disconnected power. Ninety (90) degree buss bar removed. A temporary jumper was made by our maintenance staff with three (3) #3 cables and installed from the main switch gear to the 8,500 gpm transfer pump. 2. July 10, 1991 - 2:30 a.m. FPL re-notified to turn on main power and water system stabilized. A second jumper was then made with three (3) #3 to power 3,500 gpm high service pump. This system was ready at 6:00 a.m. as a back-up and placed in the system. This electrical connection stabilized the plant and pressure started to increase. July 10, 1991 - 7:15 a.m. Westinghouse, FPL and Edwards Electric notified and responded by 7:30 a.m. to assist with correcting the electrical problem. Pressure dropped to 35 psi from 4:00 to 8:00 a.m. After 8:00 a.m. pressure increased and at noon on July 10, 1991 the pressure was at 55 to 60 psi and reservoirs filling except Owens - Baker one million gallon tank. ~p/ I We requested Westinghouse Electric to check the buss bar that burnt out and their examination indicated corrosion was the most probable cause. It appears the buss bar was constructed through a chlorine feed room from 1972 through 1983. During 1983, a separate chlorine room was installed. The buss bar corrosion which occurred over the years from moisture and probably chlorine compiled with dust and humidity created a favorable condition for arcing to occur overheating and burning out the buss bar. The corrective action implemented was to have Edwards Electric by-pass the old buss bar by installing a new 2,000 amp circuit. Estimated cost by Edwards Electric to install a hard wired 2,000 amp circuit in conduit plus heat and smoke detectors in critical areas of the old Water Treatment Building is $10,000. Mr. John Bullard, Operator A/Trainer who was on duty discovered the problem during his routine rounds on July 9, 1991. His attentiveness to his duties and the prompt corrective action plan was exemplary. The fast response of our other supervisory staff and employees to this emergency adverted a major problem from occurring. Their actions kept the Water Treatment Plant in operation by installing emergency jumper cables to critical pumping equipment. The following employees will be receiving letters of appreciation: 1. John Bullard, Operator A/Trainer 2. Don Haley, Superintendent of Water Treatment Plant 3. Mike Offie, Superintendent, Maintenance 4. Bob Bullard, Maintenance Supervisor 5. Jim Schmidt, Master Electrician 6. Dennis Bonner, Master Electrician 7. Clayton Gilbert, Electrician 8. Bill Duda, Electrician 9. Ray Colgin, Mechanic II proj ects implemented to prevent the City of Delray Beach from loosing water pressure and being out of water is as follows: 1. Emergency Water Line interconnect with Boca Raton - Construction 100% complete. This project and the cooperation of Boca Raton staff prevented the City of Delray Beach from loosing pressure in the entire water distribution system. 2. Palm Beach County Emergency Water Interconnect-Design 80% complete. Project once constructed is another source of water during an emergency. 3. 900 KW Emergency Generator at the Water Treatment Plant Construction - 80% complete. Project is scheduled for completion in August 1991. This project was designed to prevent such a condition from occurring. 4. Miller 1.5 Million Gallon storage Tank and Booster station - Construction 80% complete. Project is scheduled for completion in September 1991. This project was designed to maintain water pressure in the distribution system during emergency situations. All of the proceeding projects were planned and designed to assist the City of Delray Beach to supply water during emergency conditions which occurred on July 9, 1991. Once these projects are completed, Delray Beach will have additional emergency back-up facilities to maintain the City's water pressure. During a debriefing of staff on July 9, 1991, it became apparent that we should investigate the possibility of installing in line, two way booster pumps on the existing Boca Raton and Boynton Beach and the proposed Palm Beach County interconnect presently being designed. These pumps would insure that the required volume of water to maintain pressure would be supplied. At present, we have to rely upon the guantity of water that the pressure differential b~tween two systems will deliver. This proposal will be reviewed with our neighboring municipalities. We will be proposing that the project costs will be equally shared. ..tt~~$- ~ William H. Greenwood WHG/gm cc: Memos to City Manager File: P:whgwtp15.doc · . r2~ 5--0 MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: WILLIAM H. GREENWOOD DIRECTOR OF ENVIRONMENTAL SERVICES DATE: JULY 15, 1991 SUBJECT: EMERGENCY SANITARY SEWER REPAIR ANDREWS AVENUE On July 11, 1991, while in the process of sealing a 12" clay gravity main on Andrews Avenue, a portion of the pipe broke and fell apart as a result of the pressure used to pump the grout into the void outside the pipe. The broken pipe is located between Manhole Number 1 and 49 (See attached location map of System 18) This pipe is approximately 5' below the water table. The hole in the pipe allows serious salt water infiltration into the sewer system but, more seriously, allows the subsoil under the road which might well lead to collapse of the road. It is imperative that this pipe be repaired quickly to avoid the possible collapse of this section of Andrews Avenue. The point of the break is in the north bound lane of Andrews Avenue, at the intersection of Lowry Street, approximately 100' north of Fire station #3. This condition requires immediate attention because an equivalent flow stream of a 6 to 8" pipe is presently occurring which we suspect is carrying with it backfill material. To prevent a possible road collapse we have installed barricades on Andrews Avenue on Friday July 12, 1991. Our staff immediately contacted three different contractors utilizing different repair methods to determine the most cost effective repair of the sanitary sewer. A listing of the firms contacted and the associated repair costs is as follows: 1. Insituform (see attached proposal dated July 12, 1991). $24,721. 75 this proposal would completely line 391 lineal feet of 12 " sanitary sewer which has been experiencing excessive infiltration/inflow with high chloride concentrations. 2. Rick Mann International (see "dated July 12, 1991) this repair is a spot repair of approximately 8-13feet of 12 inch sanitary sewer at an estimated cost of $19,000. sPj;J.. · 3. Link Pipe verbal quotation approximately $5,000-$6,000 to install a link pipe in the collapsed sanitary sewer. CONCLUSIONS AND RECOMMENDATIONS 1. We recommend implementing Insituforms quotation of $24,721. 75 to install a fiber glass liner in the entire sanitary sewer. This proposal will not only correct the collapsed sanitary sewer segment but will also eliminate the excessive infiltration and inflow being experienced with this line segment. 2. Rick Mann International Incorporated quotation of $19,000 to repair the broken 12inch sanitary sewer would only replace 8-13 feet of sewer line and the remainder of the line segment would still have to be repaired by grouting and other methods. 3. Link Pipe quotation of $5,000-$6,000 could not be implemented until July 18 or 19, 1991. Because of the extremely high flow presently occurring carrying with it backfill material plus the associated possibility of a road collapse this proposal should not be implemented because of the slow reaction time and potential problems being created by the collapsed pipe. We appreciate your prompt response and review of the emergency situation which was discussed with you the afternoon of July 12, 1991. In accordance with your approval we are implementing the Insi tuform proposal to install a fiber glassliner. This work will begin on July 15, 1991 at approximately 8:30 a.m. Our sewer line crew will be performing overtime work on July 13, 1991 to locate clean outs on the existing customers sewer laterals, so that by-pass pumping which is included in Insituforms proposal may be implemented immediately on the morning of July 15,1991. All costs associated with this repair will be charged to the 1991 water and sewer revenue bonds account number 447-5169-536-60.31 Titled: Manhole Rehabilitation, Replacement, Repair. We will keep you informed of the emerge?cy r~ir sta~s. ~-'¥. "-"'M ¿I --------------------------- William H. Greenwood Director of Environmental Services WGMEM03 FILE: PROJECT # 91-12. MEMOS TO CITY MANAGER WHG:jaf \ . . . FACSIMILE TRANSMITTAL COVER SHEET DATE OF TRANSMITTAL: July 12t 1991 TIME: THIS IS PAGE 1 OF 2 PAGES TRANSMITTED FROM: Terry W. Adderhold TELEFAX NO. 904-292-3147 INS!TUFORM SOUTHEASTt INC. 11511 PHILLIPS HIGHWAY SOUTH P. O. BOX 41629 JACKSONVIlLEt FL 32203-1629 TRANSMITTED TO: Mr. Scott Soloman TELEFAX NO.: 407-243-7060 ~ 71/ E- -- çC/tJ~ :J-¿ß-Z- Ç'f( r III-{d/~ / SPECIAL INSTRUCTIONS: PLËASE DELIVER TO THE PERSON LISTED ABOVe IMMEDIATELY UPON RECEIPT. PLEASE CALL Pam AT 904~292-3173. IF THERE ARE ANY PROBLEMS WITH OR QUESTIONS CONCERNING THIS TELEFAX TRANSMISSION. ~ , , . In.sltU SOUTHEAST, INC. A enVIAeQ- n ç;ompany July 12, 1991 Mr. Scott Soloman City of Delray Beach Re= Emergency San1tary Sewer Repair MH 49-1 Dear Mr. Soloman: As requested, we are pleased to offer our proposal to reconstruct approximately 391 IF of 12u sanitary sewer in accordance with our Palm Beach County annual agreement. 391 Lf of 12" x 0.236'\ nominal th1ckness Insitupipe complete in place, $5S.00/LF $21,835.00 391 LF of light cleaning, $2.05/LF $ 801. 55 391 LF of by-pass pumpingt $Z.20/LF $ 860.20 7 Service reconnect1ons, $175.00 each $ 1.225.00 Total $24,721.75 Pric1ng above includes light cleaning, pre and post TV inspection, Ins1tup1pe installation, service reconnect ion , by-pass pumping and clean up. Service clean outs are to be located by the Owner. If for any reason the pipe fails and collapsest Insituform Southe¥t,Inc. will not be liable. Point repairs, if required due to a collapse, are not included in our proposal. Please ind1cate the acceptance of this proposal by signing in the space provided and returning a copy for our files. We appreciate the opportunity to Quote and look forward to working with you. If you have any questions, please feel free to call. Yours very truly, ~ ~~~ T r W. ~erhold V a Pres. dent cc: Fred Butts steve Vance Date Signature P.O. Box 41629 · 11511 Phillips Highway South · Jacksonville. Florida 32203 (904) 262·5802 · WATS 1-800·633·8362 . In FlorIda 1 ·800·342·1907 . /1:>'" /~'¡;>, IIJ; lRilC-MAN m'j]'E~A 1f'llONAlL., fiNC. - . ,.' ""'.. Q QeN£AALCONTAACTO~S '851 N. Powarline Road . Pompano Seach, Florida 33069 SROWARD: (305) 974-6960 . DADE: (305) 945-2938 ; 'f"fP- . , July 12, 1.991 City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 Attn: Mr. Howard Wright Re~ City 0:£ Delra)' Beach lG-Inch Transmission and Subaqueous Water Main Project No. 91-24 Dear Mr. Wr:lght, In reierence to our meet1ng on July 12, 1991, we hereby quote the Lump Sum prioe of $ 19,000.00 to ~epair the broken 12" sewer main on AÀ~~0j.n Avenue. This Lump Sum price incl~des repairing an approximate S to 1:1 foot' piece ox 12" Sewer, restoration of the area and de-mucking the area required :for the repair. We aleo request a ftve (5 ) day time extension be added to the above referenced oontract to perform this extra work. This Lump Sum amount shall Þe due ~pon completion and accep~ance by by t.he Cit.y 0:£ Delr8Y Beach. Upon ycu~ review, please advise 0:£ your acceptance o£ this quotation. sµ:elY yours.· ~k David A. ancin! PrE.'sident. . I I DAM: a~w I c. c. PilE' <SREPAUST.DEI..) ! I"'· ~ . r- . ---.-----,-----"~-.. -----~--._-.~-----.--.-- ,-,-,-.--,,-.-.- "-------... ~--.-.-._- - - _.._____ __,._______.__.__,_____...________.u_..___._ __,_ ~ I F I M I' 9 í FM 19A - -..--,.-- BEACH DRIVE ¡I "-'.'CF 44 307' ~'/C;f- 38 J'¡' 0 VISTA C t A N DEL MAR DRIVE B 0 THOMAS STREET U L ~'''':.f 3 "'vel' E 2:'''' ~.;:n· V A BASIN DRIVE R D 15"vœ '-",' B A A S '~DlP N I 19' D N 55 52 LS R 18 E A W V D E , S R -rVCf' N ....Vl:f' 11 I 272' lJ '71' ðx:p V E :;,g1' E LOWRY _lo J!LL _ _ __ __ _ __ __ _ _ __ F M 17 ! í -- --- .J ATlANTIC I AVENUE G I l I E A I S 0 I N S 74A T I R E E T . .- : r .. . . - · ~ 'I1v/ (L.¡/K!A dss~ì}) MEMORANDUM TO: David T. Harden City Manager THRU: William H. Greenwood Director of Environmental Services FROM: George Abou-Jaoude Deputy Director of Projects SUBJECT: S.W. 4TH AVENUE AND S.W. 10TH STREET INTERSECTION MODIFICATIONS BID NO. 91-70; PROJECT NO. 91-33 DATE: July 15, 1991 Attached, please find a bid tabulation for the above referenced project received on July 12, 1991. The lowest responsive bidder is Pavex Corporation. Our staff is familiar with this corporation and recommend approval of award in the amount of $166,061.00. Funds are available in Account # 334-3141-541-60.62. ATT: cc: Mark Gabriel, City Engineer cheryl Leverett, Agenda Coordinator File; Memos to City Manager SM913315 SPI3 ~-T--I--I-I-TTr¡- , -- ---- -- -_._--~-- - - I I I I I I I I I \ I I Ii I I I ¡ I I II I I I I I I I I I I I ! I I I- I I ! I I I I I I I I I -----¡r- Ii I I I ---- I ! I ¡ I I I I I I I I I I I I I I I I I I I I I I r I I I I I I I I I I I I I I I I ~I; I~' I~\ I~\ I ~ 1%\ -I~\. 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I ....J U U (9 .J If- II-- ZO- (j) >- Z - H Hf- Hf- l- I- I--W UO- ZW o.:H H ,/ 0.: Z Z XZ W W'Û W L'Ì WU ((H Of- WH 1-->- (((j) a: Q) w 0 0 I.1J .J- ú) >- >- W Hf- a: (:) 1-->- O-<I 1-1-- f- l- I .J:::J 0' H <I :c HU 01- 01- WI- WW I- .Jf- C·) 0 wu ....J. ll.:::J <I a: 0-- C( (J Z ce ceo.: ....J: - >-0 >-0 >-0- u) 0 X (j)0 WZ 00 (j)() >-2: ....J:::J HO \'-j 0 a: lL LLf- I-LL I--LL I-- L ,J l,j ~ ::J f- ~I N 1-) '1 ú) 'Û I' (Q 0' 0 .... N 1-) V " H ~, .... ..... .... .... l' - II ' - I I I I I I ¡ I I I I I I I II I / I - I I I I I I I I I I I I I I I ~\ p\ ~\ I ~\ I ~\ 'ß\ I~ "I ~ ~ ~ I~ -~ ~ Il~ 'I\J \rì \ I t\-- I I tn- I ~I ~ ~\ I ~ ~ ~I ßI ~I ~ ~ ~I "- ¡ö\ %\ \; I~ I~\ ~) ~ I~ ~ I~ ~ ~ ~ ~ -'~ ll~ \ I tl" II) I \¡) ~\ I ('( ~ '''& ~" ~I ~I ~I ~I '} t''l ~I ~ "- I~ I~ I~\ I~t 1~\ ~, - ~ IJ) ex ~ I~ - -~ I\§ \ I~ II ~ \ I \J) ~ -~ ~ll ~.... ~I ~I ~ ~I ~ ~ .~ j , I~ I~ I~ I~~ I ~\ ~, . . '\J I~ Ç) \;;¡~ ; \f \ I~ 'C) I" II~ ~ t'k \'( 01 '" ~\ I \rì " ~¡ ~I iY ~I 0-.. ~ ~ "" I ~\ ' ~\ I ~\ I~~ I~\ ~\ ~ I~ - \) --.;: 'J \:) <:;:) '-3 I~ ~ I ~ '- <:J I I \J) ~I~ ~\ I M ~I ~ ~.." ~I ~I ~I ~I ~ .......... . . 1-->- 0 (/)1- <:t1.J... H 0 Z W ro 0:: 0:: -IW UW H OJ: W I- Q.:) U WU I.J... W(! U I.J... 0. Q. t!JZ O::Z H . 1-::> X 0 H IQ. Z0:: .... Z U Z -IW 1-0 WO W -IJ: ....... 0 (/) HO -IX (,) -I 0-1 0 <II- H W Z ::>0 W-I H-I Z > (f) I- a 'Û L <IE E OJ W . I-W E 1 01- a I- H ..... ..... ..... ...... ...... I-H U \ ~ ' ~ PROPOSAL I ~ (BID FORM) li Proposal of CJ.Vt.1 Coer ~ (Contractor) Z~-GI C\.<J. L/S'J!:- S\-. ?"I~~A"'O 0-<..A.Lk _ Fl. 3.s0ì3 j(AddreSS) I to furnish and deliver all materials and to do and perform all ~ work in accordance with the Contract Documents for the Project ~ entitled: S.W. 4TH AVENUE AND S.W. 10TH STREET :1 INTERSECTION MODIFICATIONS I CITY OF DELRAY BEACH PROJECT NO~ 91-33 BID NO. 91-70 I To: purchasing Director City of Delray Beach, Florida · 100 N.W.- 1st Avenue I Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is ,] accepted, to enter into an Agreement wi~h the CITY in the " form included in the Contract Documents to complete all Work as specified ,or indicated in the Contract Documents ~I for the Contract Price and within the Contract Time ~ indicated in this Bid and in accordance with the Contract Document. ~ 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This · Bid will remain open for ninety (90) days after the day of I Bid opening. Bidder will sign and deliver to the CITY the Agreement arid submit -the Contract Security, Insurance ~ Certificates and other documents required by the Contract ~ Documents wi thin fifteen days after the date of _ OWNER'S Notice of Tentative Award. If Bidder should fail to sign ~ the Agreement and deliver it to the CITY along with the · Contract Security, Insurance Certificates and other docu- ments within said period, the CITY shall have the power to rescind said award - and also retain for the CITY the Bid ¡ I Security accompanying the proposal which shall become forfeited as -liquidated damages. ~ ..~ ~ 3. In submitting this Bid, Bidder represents, as more fully .~ ~ set forth in the Agreement, that: ., - It , P-l , I - .~ ;%,' ~ Bidder has examined copies -of all " a. the Contract (\ ~ Documents and of the following addenda: Number Date Number Date :; , rJ·A. ~ \';'., receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the Instructions to Bidders; , b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements . (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting -cost, , progress or performance of the Work and has made such , ~ independent investigations as Bidder deems necessary. c. This Bid is genuine and not måke in the interest of I or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, I . organization or corporation; Bidder has not dir,ectly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not/solic- ited or induced any person, firm or a corporation to , refrain from bidding; and Bidder has not sought by ccllusion to obtain for himself any advantage over ar-y other Bidder or over the CITY; no official of the , C:IT Y or any person in - the employ of the CITY is directly or indirectly interested in said bid or in tl:e supplies of work to which it relates, or in any , person of the ,profits thereof. ./ \ , [Rern¿inder of this page left blank intentionally] J ./ _. ~ , P-2 I f~·:.~ i_~:');J - .....' ~"7J , ;;~{ ~lr UNIT PRICE SCHEDULE I '; ~. t-": .-¡ :~ S.W. 4TH AVENUE AND S.W. 10TH STREET 4~ INTERSECTION MODIFICATIONS P CITY OF DELRAY BEACH PROJECT NO. 91-33 1 ITEM ESTIMATED UNIT TOTAL EST. .. R No. ITEM UNIT QUANTITY PRICE PRICE :~ . 11 I~, ; 1 Relocate Existing EA 1 i"f ;!ìj Fire Hydrant and ~~ Appurtenances t~ ; t- --. Price per Hydrant ..~~ .. Assembly: $ iJ.!J-(). (.!Q $ / 3S-6. oc. ~l 1.. ~I"\-e-~ \",.;".J.c.:.d- ~Q~ i~' If} ~I- Dollars -'I Cents If I iJ.!: fr , . 2 Furnish and Install EA 6 .~I Type ItCIt Inlet and Appurtenances ! ~I Price per Inlet and Appurtenances: $ I/S"ò. c)£.1 $ <.y C¡ 00 . -DC' él_v~ Il., doe J .,. ~, ~~ Dollars ~. , - Cents ~ 3 Furnish and Install EA 1 r. r Type .ltC" Inlet-with I~ FDOT Type 6 Inlet Top and Appurtenances ;' ¡. Price per Inlet and 0 <, Appurtenances: $ 21.. où , oc $ l ZOO.co " ~UIï ~~ --t<.Jo I~ v"" ,4 r<-ð . , Dolla- s ----- < Cents III. P-3 ~ ~ \. ITEM ESTIMATED UNIT TOTAL EST. No. ITEM .UNIT QUANTITY PRICE PRICE I 4 Furnish and Install EA 1- Type "C" Inlet with FDOT Type 5 Inlet Top and Appurtenances Price per Inlet and $ _\ <:¡ S'ò ,(}() I Appurtenances: $1C1,5-0.()u \)I/)Lt~/)\. \~u"dccJ· y\~'~ j Dollars - Cents í ! 5 Furnish and Install EA 1 Type "E" Inlet and t - Appurtenances t ., Price per Inlet and Appurtenances: $ I (j 00 . oc. $ l<¡ 00. oc- r - '. £ r--t L.~ /-Iu" d r u{. I Dollars ! I - . I - Cents I i i Furnish and Install , 6 LF 350 1511 Reinforced I Concrete Pipe and Appurtenances Price per Linear-Foot of Pipe: $ ;, 2.. . 00 $ 7700,00 ~~~<J¿) ~ Dolla s , - Cents - P-4 I I ~ \ ITEM ESTIMATED UNIT TOTAL EST. No. ITEM UNIT QUANTITY PRICE PRICE i 7 Furnish and install EA 190 Exfiltration Trench, and 15" Slotted RCP, and appurtenances } Price per Linear Foot :;- e· '- of Exfil. Trench: $ ~ c¡ $ 7ý-'s 8'. 1 j{ I J- ~ . - \ì 'V\~ - Dollals , i _FIO+~ Cents ä 8 Furnish and Install SY 4,800 J Asphalt Overlay FDOT Type III A.C.S.C. J Price per Square r..¡CU> .~ Yard of Asphalt: $ $ :l. 3 S7... 0 ., ./" _Four - -, J Dollars \) 10~~ j Cents J 9 Construction of New SY 1,000 Asphalt and Roadway I . Price per Square Yard-· {.,.:: 0," of New Road ~ $ 2 y- $cJLf&oó - / --7L./~ +J - Ou r - I Dollars S , ~ 4-j Cents I I I P-5 , I '1 -, f ,I ITEM ESTIMATED- UNIT TOTAL EST. I I No. ITEM UNIT QUANTITY PRICE PRICE I I 10 Construction of LS 1 Concrete Driveway Connections ,- 0':' . t:1t:: j Lump Sum Price: $ /7oá - $ /700 -- S <?-u ~ -\-e.&¡,.. - /) ";'¡ j n~.1 . ~ Dollars " ,. '~ - J Cents 11 Construction of SY 600 ~ Asphalt Parking Lot ,. Price pe Square Yard £c 0<:-. of Asphalt: $;;?t¡ $ 1'-1 &Yo -- I , -r LJ~~ - ~ OJ r , Dollar . ~ot-~ j I ,~ ': Cents I t¡ 12 Type "F" Curb and LF 4,800 1\ I Gutter I Price per Linear Lye 0(; Foot of Curb: $ {¡ - $ 307Zo Q , , s. ~¡( I - ò Dollars ~ f' cur-J , I Cents /" , I I P-6 - . , I . ~ - ITEM ESTIMATED UNIT TOTAL EST. No. ITEM UNIT QUANTITY PRICE PRICE . 13 Flush Header Curb LF 50 Price per Linear oG e.: I (sJ- ! Foot of Curb: $ $ 300. I ! S l¡<. I I i Dollars I ) I - ! Cents _ ! I I , , - 14 Sidewalk Construction \ SF 8,750 Price per Square ..~- ~v Foot: $ ;;{.~ $ ::< 0 0G"l - ,/ ..-;""'" ILJO - Dollars - 11. r ~ -~ . ~ ~ . I I I Cent I 15 Furnish and Install LF - 640 6 inch PVC Conduit and Appurtenances I Price per Linear c,c i S-- (jC \ Foot of Conduit: $ $ 3 J.. 06.- I ¡:::-, (/ ~ Dollars _ - Cents / , 16 Furnish and Install ' - I Pull Boxes EA 3 " . ,- e: oC Price per Pull Box: $ / 7~D - $ S,,37o- ! Se.v~{~ ~L., ¿ct.~. ~<-~ . \ i -. Dollars - -- Cents P-7 · . - . -! ITEM ESTIMATED UNIT TOTAL EST. ~ ¡ No. ITEM UNIT ' QUANTITY PRICE PRICE 17 Testing Lab Allowance LS 1 Lump Sum: $ 7,500.00 $ 7,500.00 Seven thousand five i , hundred ¡ Dollars ! NO I Cents , I 18 Video Recording I Allowance LS 1 I , Lump Sum: $ 5,000.00 $ 5,000.00 Five thousand Dollars No Cents I· " I 19 Idemnification LS 1 ¡ : Lump Sum: $ 10.00 $ 10.00 Ten Dollars No Cents $ _r~(QiOU( CD Total Evaluated Bid -- Bid Items 1 through 19 (in numbers) , /' Total Evaluated Bid Bid Items 1 through 19 (in words) O(H..-I-t."'Jtc...!. ~ S ."Lj :) v( ~ b... J ..~. d::¡- 'I "" t. Dollars . -- - Cents P-8 [ /1""1 6-0 LLPfJŒuUfZ- (;W:f¿ :t/50/~) [IT' DF DELAA' BEA[H 100 N_W. 1st A VENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY ATTORNEY~~-þ1n\... SUBJECT: AGENDA ITEM # SPECIAL MEETING OF JULY 16, 1991 APPOINTMENT OF ROB N FAWCETT AS COUNSEL TO REPRESENT CITY MANAGER IN RITCHASON VS. DEL RAY BEACH MATTER DATE: JULY 15, 1991 The item before the Commission is the appointment of Robin Fawcett as Counsel to represent City Manager David Harden in the Ritchason vs. City of Delray Beach matter. Mr. Fawcett is a partner with the firm of Shutts and Bowen. He is the head of their labor and employment section, with his principal office located in Orlando. Should you have any questions, please do not hesitate to contact me. City Attorney recommends approval. THE EFFORT ALWAYS MATTERS ~/~ The workshop was convened upon adjournment of the special meeting at 6:20 P.M. Item (3 ) was moved forward on the agenda. (3 ) Review of master/site plans - Currie Commons, Miller and Veterans Parks. The conceptual plan for Miller Field was considered first. Digby Bridges, architect, was present to review the proposed plan. Mr. Harold Putnam, speaking on behalf of Town and Country Association, expressed the residents' concerns with respect to their for a wall buffer on the west boundary as opposed to a fence with landscaping; they feel a wall would be better from a noise and security standpoint. Also expressed concern relative to increased traffic on Dotterell Road if the park is accessed off that road. Discussion: consensus was that it would be preferable to access by connecting into S.W. 4th Avenue from the north, although dollars will become an issue. Consider some limitation, within reason, on PA system. Cost out on fence vs. wall for the western boundary. Also, on the road, if the connection is made to S.W. 4th Avenue and Dotterell is closed for access, the issue of emergency access needs to be addressed. Fire Dept. will need to look at turnaround requirements; also, the possibility of a breakaway fence or gate at Dotterell. Consensus: Staff to get additional information on costs (fence ·"s. wall, road extension) and other discussion items. Mr. Mouw will sit in on meeting between staff and Digby Bridges on the architect's estimated costs. Matter to be brought back when the additional information is ready. The conceptual plan for Currie Commons was reviewed next. Overview by Digby Bridges, architect. It is a relatively simple plan, although the parking is tough; it is difficult to provide sufficient parking on site and there is backout parking onto 7th. Again, costs need to be reviewed as the project is running over. A possible option might be to delay the soccer field if necessary. Discussion: Basic design looks OK; phase, if necessary. Again, Mr. Mouw to sit in on meeting between staff and architect on estimated costs. SPRAB has recommended proceeding, but there are some code problems which will require waivers from the Commission. Consensus: Do it, but wait for staff's opinion on price. The conceptual plan for Veterans Park was considered after Currie Commons. Bob Currie, architect, reviewed the conceptual plan with the Commission. Looks good, but again comes down to cost; as proposed, the plan will cost more money than what is available. Discussion: Carolyn Patton spoke on not making any changes in the amount of space in Veterans Park that is devoted to children; submitted petition. Mr. Andrews suggested providing more shaded areas along the water so that people can better use for lunch, etc. ; also, suggestion to use colored concrete as opposed to brick (more cost effective and easier on children). Keep adult recreation facilities intact. Consensus: The Commission was pleased with the concept; however, staff will again have to evaluate the costs involved and how the plan can best be achieved. This item will come back after staff reviews costs and formulates recommendations, either at a workshop or a regular meeting as is determined to be appropriate. /~f( . T [7'- " - CITY COMMISSION WORKSESSION DOCUMENTATION SUBJECT: CURRIE COMMONS DEVELOPMENT PROGRAM MEETING DATE: JULY 16, 1991 DIRECTOR OF PLANNING ø~. PREPARED BY: DAVID J. KOVACS, BACKGROUND: Pursuant to the Parks and Recreation Element of the Comprehensive Plan, Currie Commons is to have an expansion which includes construction of a ball field, a multi-purpose field, parking area, night lighting, and a concession area. Funding is from the Decade of Excellence Bond. Rezoning of the property to C.F. occurred with the adoption of the LDRs. A basic site plan has been prepared and has been processed through the Site Plan Review and Appearance Board ( SPRAB) . SPRAB considered the submission on Wednesday, July 3rd, at which time they approved the basic site plan submittal. With respect to compliance with the Comprehensive Plan, two ball field were to have been provided; however, two fields cannot be designed onto the site and still have overall effective utilization. Proceeding with only one ball field is not inconsistent with the Comprehensive Plan since the field was not necessary to meet a facility deficiency. PRESENTATION & DIRECTION: A presentation will be made regarding the site layout and the manner in which some noncompliance code items have been handled. These items include: a) backing into the rights-of-way (and travel way) of 7th Street and 8th Street (requires formal waiver by the City Commission at a public hearing). b) noncompliance with "district boundary treatment" requirements and the alternative method which is proposed (requires approval of a variance from the Board of Adjustment). c) location of perimeter trees being in the 2nd Avenue swale as opposed to being on-site (requires formal waiver by the City Commission at a regular meeting). In addition to the above, the presentation will address the use of the multi-purpose field and the quality of its construction. ~5( "3 Ä · -, City Commission Documentation Worksession Meeting of July 16 Currie Commons Development Program Page 2 Since the basic site plan has been formally approved by SPRAB, the City Commission will consider formal acceptance of the basic site plan (as the owner) from the consultant and authorize proceeding to construction drawings. Attachments: * SPRAB Staff Report (note that the SPRAB action does differ from the Planning Staff recommendation) DJK/#84/CCCURRIE.TXT ·SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: July 3, 1991 AGENDA ITEM: IV.H. ITEM: Basic Site Plan t::jt::j DO C 7 1M ST. ~ I . > en s.r. . 111 sr. B ~rTlllll RRRR GENERAL DATA: Owner...........................City of Delray Beach, Florida Agent...........................Digby Bridges, Marsh & Associates Location........................On the west side of S.E. 2nd Avenue, between S.E. 7th Street and S.E. 8th Street. Property Size...................3.ll Acres City Land Use Plan..............Open Space City Zoning.....................CF (Community Facilities) Adjacent Zoning.................Land north and east of the subject property is zoned R-IA (Single Family Residential), land to west is zoned RM (Multi-Family Residential), and land to the south is zoned CF and R-IA. Existing Land Use...............Park Proposed Land Use...............Upgrade of existing facilities. Water Service...................Existing on site. Sewer Service.~.................Existing on site. IV.H. SPRAB Staff Report Currie Commons Park Page 2 The project has two components. One part will include an official size little league ball field, concession stand, play apparatus area and parking along S.E. 7th Street. The other will include a soccer field (substandard dimensions of 170tx 280t) and parking along S.E. 8th Street. The existing concession stand will be replaced with a 2 story wood frame building. The little league field will be reconstructed in the same place as the existing one. The soccer field will be on the south half of the property. On the east side of the park and situated between the two fields is a proposed play apparatus area. Forty-four (44) parking spaces are provided for the park. Twenty (20) spaces are proposed along S.E. 7th Street and Twenty-four (24) spaces are proposed along S.E. 8th street. All of the spaces backout onto the adjacent streets. In order to accommodate the development proposal, the following waivers or variances will be required: * Back out parking onto a street [Section 4.6.9(D)(2)]. (A waiver from City Commission) * Landscape setbacks where CF (Community Facilities) abuts Residential zone districts [Section 4.6.4(E)] and elements located with in the setbacks i.e. fences. (A variance from the Board of Adjustments). * Elimination of trees every 30' on center where vehicular use abuts a right-of-way [4.6.16(H)(3)(a)]. (A waiver from the City Commission). SITE PLAN ANALYSIS: REQUIRED FINDINGS - CHAPTER THREE: Pursuant to Section 3.1.1 (Required Finding) prior to the approval of development applications, certain findings must be made in a form which is part of the official record. 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; Concurrency, Consistency with the Future Land Use Map, Compatibility with the Comprehensive Plan Policies and Compliance with Land Development Regulations. FUTURE LAND USE MAP: (The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation) The Future Land Use Map designation for the subject property is Recreation and Open Space. This designation applies to p~blic recreation areas such as municipal parks. Zoning districts which are consistent with this land use designation are Community Facilities ( CF) . Therefore, a finding of consistency may be made. SPRAB Staff Report Currie Commons Park Page 4 Per Section 4.6.9(D)(2) parking must be designed so that vehicles are able to enter and exit onto a Street in a forward manner. The backout parking creates different issues for each street. By accommodating the backout parking as proposed creates the inability to provide District Boundary setbacks [Section 4.6.4(E)] between a CF zone district and a residential district and to provide the required trees and hedge materials where vehicular use area abuts a right-of-way [Section 4.6.16(H)(3)(a)]. See discussion on Page 5 under District Boundary Treatments. These items are addressed as follows: S.E. 7th Street: The backout parking along S.E. 7th Street could be acceptable due to the dead end condition and the low generation of traffic (i.e. less than 200 ADT) along with the approval by the City Engineer. Solutions: 1. Seek a Waiver from Section 4.6.9(D)(2) from the City Commission. With the justification that in Section 4.6.9(D)(2)(c) private developments (PRD), parking is _allowed to backout onto a street, if less than 200 ADT are generated. Seek a variance from the Board of Adjustments from Section 4.6.4(E) for the landscape setback along the perimeter. However provide the setback inward of the parking spaces; or provide the required landscaping across the street in the swale areas. 2. Expand the right-of-way, so all the parking is within the right-of-way. Provide the required landscape setback. This would require adjustments to the site plan by moving the building and the bleachers. The City Engineer would need to accept perpendicular parking with the right-of-way. S.E. 8th Street: The backout parking along S.E. 8th Street creates some different issues, as 8th is a through Street. Parking is proposed to backout into the intersection of S.E. 1st Avenue. In that area, at least three spaces should be removed. No sidewalk has been provided adjacent to the parking. The proposed hedge prohibits pedestrian access to the park without utilizing the Street system. The proposed Design along this street creates some safety issues. Solutions: 1. Provide parallel parking in the right-of-way. All related code requirements can thus be readily accommodated. No variances or waivers would be required. SPRAB Staff Report Currie Commons Park Page 6 Policy A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as tttot lotstt to existing facilities. Policy A-2.5 The following listing is hereby established as the general priority list for the funding of major capital improvements which pertain to recreational facilities. First Planning period, 1990-1995 * Currie Commons Capital Improvement Element: Public Facility Needs as identified throughout the Comprehensive Plan, have been categorized as Mandatory, Non-mandatory and Remedial. Currie Commons has been classified as Non-mandatory. Non-mandatory items are not required for growth management or meeting a level of service standard but desired by the community. This statement is true in regard to the baseball field, however the soccer field is required to meet a Level of Service deficiency. Currie Commons has been allocated $230,000.00 from the Decade of Excellence Bond for improvements to the park. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: SECTION 4.3.4 BASE DISTRICT DEVELOPMENT STANDARDS: Pursuant to Section 4.3.4 (K) Development Standards Matrix: The matrix sets forth minimum and maximum development standards such as lot size, lot width, frontage, floor area and setbacks. Within the CF zone district, a 10' setback is required around the perimeter of the site. The building - setback meets this requirement. CHAPTER 4.6 SUPPLEMENTAL DISTRICT REGULATIONS: Pursuant to Section 4.6.4(E) Special District Boundary Treatment: Where a CF District is adjacent to a residential district, whether separated by a street or alley, there shall be: SPRAB Staff Report Currie Commons Park Page 8 Major issues: 1. Per 4.6.16(H)(3)(a) a perimeter landscape buffer is required to separate vehicular use areas from adjacent right-of-way areas. Within this buffer a continuous hedge and a row of trees is required. Trees are required to be planted at 30' maximum spacing and are not permitted to be clustered. Minor Issues: 1. Per 4.6.16(H)(3)(b) the unpaved portion of the right-of-way adjacent to the property line shall be landscaped with sod and irrigation. Provide note. 2. Provide dumpster location. All dumpster and refuse areas and all ground level air-conditioning units and mechanical equipment shall be screened. 3. Per 4.6.16(C)(2)(c) 25% of all required trees and 25% of all required plant material shall be native. 4. Mulch shall be applied to a 311 depth in all planting beds. Add note. 5. All plant material must be Florida #1 or better. 6. Per 4.6.16(E)(8)(c) no more than 70% of the required open space shall be planted in lawn grass. The require open space is 25% of the non-vehicular use area, which is approximately 10,000 sq. fT. This is to insure proper ~eriscape methods are being implemented. Since the tot lot will probably be sand or mulch, this area could be counted towards the 30%. 7. An irrigation system must provide 100% coverage to all landscaped areas. Add note to plans. 8. Pursuant to Section 4.6.16(H)(3)(j) all pa~king rows shall end in a terminal landscape island. Relocate the section of sidewalk adjacent to the parking row along S.E. 8th Street and the railroad and adjacent to the concession stand. Recommendations: 1. Because the perimeter landscape requirements cannot be met along S.E. 7th and 8th Streets, street trees could be planted across the street to lesson the impact of the facility. 2. It is recommended that the same species of grass be used through out the site. 3. Because trees cannot be planted,immediately adjacent to the soccer filed, a row of trees planted 30' on center could be planted in the right-of-way along S.E. 2nd Avenue. Per the Statets Green Book Standards, on local streets, trees may be planted in the swale area 6' from the edge of pavement, SPRAB Staff Report Currie Commons Park Page 10 ENGINEERING TECHNICAL ITEMS: 1- Provide engineering plans for paving and drainage. Provide existing and proposed elevations. Provide drainage calculations. If the concept of using the backout parking is approved, the drainage design will have to incorporate the street drainage as the parking spaces are utilizing the swale of the right-of-way. The swale along S.E. 2nd Avenue may need to be reconstructed. 2. Provide locations of all abutting private drives along S.E. 7th and 8th Streets per Section 2.4.3(B)(7). 3. If soccer field is not to be constructed at this time show as a phased project per Section 2.4.3(B)(22). 4. Provide handicapped sign with space provided. REVIEW BY OTHERS: At its meeting of June 27, 1991, the CRA (Community Redevelopment Agency) expressed concerns that the site plan reflects an over utilization of the site. (Note: subsequent to CRA some of the issues have been clarified. ) The addition of the soccer field cramps the site to the point that parking is divided into two areas and must back out into adjacent residential roadways. Additionally, adequate buffering cannot be provided. The Board suggested that the soccer field be eliminated and that parking with appropriate landscaping to buffer the facility be provided in its place. Since the City may not have sufficient funds in the Decade of Excellence Bond to for the construction of the soccer field anyway, this would seem to make sense financially. The Board also expressed its concerns regarding the height of the lighting poles. They were concerned about the impact of the lights on adjacent residences. They recommend that the lights be as short as practical and should be directional if possible to minimize the impacts on abutting homes. ASSESSMENT: In light of several issues outlined in the Staff Report, there needs to be an alternative solution to the backout parking as proposed on the site plan submittal. The following is felt, by Planning, to be a reasonable solution: SPRAB Staff Report Currie Commons Park Page 12 b. Th~t the parking along S.E. 8th Street be redesigned as parallel parking spaces. c. That the required trees along S.E. 2nd Avenue be placed in the swale area. d. That all the Technical Items 1-5 be addressed concurrent with submission of the final landscape plans. e. That all the Engineering Technical Items 1-4 be addressed concurrent with submission of the final landscape plans, and subject to any comments generated from the final review of the preliminary engineering drawings. f. That final landscape plans be submitted for approval by the Board addressing all of staff comments. 2. Approve the elevation plans based upon positive findings with respect to Section 4.6.18 for the concession Stand for Currie Commons Park. JM/#6/CURRIE2.TXT I 0 \, 1. '., ---=-==..-- -.~. .....- - . - r'(', .. :If" . ~ .~~ .....,,~ .. ~ ~ o .. 0' ~ _:.' ~~:--._. 1 . ( 1.5 ~~ , t~ .. . ---"'--r- .J:" - ~ . '{ t ,. I . ,,'. <0. . Co, I ~ ~ f I ~ .. (0' - î I ::JI ~ ! I . I ~ ,;~, ! t ~~ I ~ f: ~~ to- - oJ , t_ :..~ f.:¡ . S i I l , \:H;. '.- I> ~ t. " .. ! , I ,- ~ -.. I~ .-., I , , - /: iJ\ I ~i ~ 'f I . I~ I ~ t I- . ~l I.. fi- t i [. ~ f l- i ~ u I~ I .~ I "t , ~ ,- 1- t- ·t- o . S .j i .I 1 . f~ 1t· oo n' l , ttð~,- ... . - - , J , , ,.. a-- ¡ ~ ~ $ p i ~ I '\ .... ! (W '{' ~ 6" . -- J r ! , ! I : ;- !! f ..I ! -- I ¡ ! ~ ! .4' . ..' -... cl{ íX 1 CITY COMMISSION WORKSESSION DOCUMENTATION SUBJECT: MILLER FIELD DEVELOPMENT PROGRAM MEETING DATE: JULY 16, 1991 PREPARED BY: DAVID J. KOVACS DIRECTOR OF PLANNIN , BACKGROUND: Pursuant to the Parks and Recreation Element of the Comprehensive Plan, Miller Field is to have an expansion which includes construction of ball fields, a multi-purpose field, parking area, night lighting, and a concession area. Partial funding is from the Decade of Excellence Bond and part funding is from The Baseball School. Rezoning of the property to C.F. occurred previously. At that time, a sketch plan was viewed and there was a general consensus regarding it. Issues associated with buffering, security, and traffic were raised at the rezoning hearings and those subjects were to be focus of the site planning effort. A basic site plan has been prepared and has been processed up to the Site Plan Review and Appearance Board (SPRAB) . SPRAB considered the submission on Wednesday, July 3rd, but continued it with direction for the consultant to provide more information relative to: a) buffering along the west boundary, and b) the potential for an interior road connection between the north and south parking area and the closure of Dotterell to park related traffic. It appears that all other items, including lighting, have been amicably resolved. PRESENTATION & DIRECTION: A presentation will be made regarding the site layout and options for addressing the items which are still unresolved. A Commission consensus is desired relative to these items. Thereafter, the site plan will return to SPRAB for formal action on the basic site plan submission. 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BK 48, c.:: ~ .~, .~~ . ~·c .~---= _, _ .,.. ~ I ~-=z:_...;.>~~. ~, "'--....::. - - ~ CITY COMMISSION WORK SESSION DOCUMENTATION SUBJECT: REVIEW OF VETERAN'S PARK DESIGN CONCEPT MEETING DATE: JULY 16, 1991 PREPARED BY: DAVID J. KOVACS, DIRECTOR OF PLANNING~ BACKGROUND: Pursuant to the Parks and Recreation Element and the Future Land Use Element, Veteran's Park is to undergo substantial improvement. Pursuant to the Implementation portion of the Plan, the improvements are to reflect: "Making the park and Adult Recreation Center more compatible and unified. The ARC will be redesigned for more active programming for all ages. Redevelopment of the park includes construction of a gazebo for concert series, waterside walkways, irrigation, sod, landscaping, and lighting". Funds allocated for improvements include: $500,000 Decade of Excellence $158,000 FIND, seawall restoration grant $ 58,000 In-lieu parks fee $xxx,xxx Undetermined amount associated with modifications to the Master (Sewer) Lift Station Other directions from the Comprehensive Plan include: Open Space & Recreation, A-2.5: A walkway under Atlantic Avenue Bridge is not a part of this design project. Open Space & Recreation, B-3.2: The improvements are to provide additional access to the Intracoastal Waterway. Coastal Management, C-6.1: The program for redevelopment of Veteran's Park shall focus upon its current· intensity as a neighborhood/town park with varied activities of relatively low intensity. provisions should be made for short-term mooring of small boats, thus providing additional accessibility to the area. Land use Element, C-4.9: Improvement of Veteran's Park (without a river walk under the bridge) is identified as being an essential component of efforts and programs which are necessary to keep the CBD a vital and competitive commercial marketplace. 1JJS/3C- City Commission Documentation Review of Veteran's Park Design Concept Page 2 STATUS: A concept plan for the redevelopment of Veteran's Park has been prepared by our consultants. Evolution of the contemplated design came about through the consultant's discussions with all affect~parties. The consultant will be present to describe the design. A reduced copy of the concept plan is attached to this report. The concept plan has not be.?l\formally submitted; thus, there is not a development review analysis nor has there been SPRAB review. The concept plan is before the City Commission, acting as the "owner !developer". Thus, direction on the concept plan needs to be given to the consultant so that he can prepared the . formal SPRAB submittal. ;ttachments: * Reduction of concept plan DJK!#84/CCVETPK.TXT , .- 'I I I - I I 0 z 0 ~ g u N i z ! u I Ii: - I , I I :1 r :1 ( i~~ .-.:) z I 00 z ¡:: - - ¡::~g I ~5a! .... a: _n- Il- "- CD - ~ ~ - ~ I - ~ - f' ~ ';( .~ ~ ~ ~ X ~ , .~ ! I ! ~~ " I ~ , 1 I 3nN3N; :JUtIYlIV , . ITEM BEFORE THE BOARD: The item before the Board is action on a Site Plan Modification for Currie Commons Park, pursuant to Section 2.4.5(G). The property being a portion of Osceola Park Subdivision, located west of S.E. 2nd Avenue, between S.E. 7th and 8th Streets and contains approximately 3.1 acres. BACKGROUND: The subject property is a portion of Osceloa Park Subdivision, Town of Linton platted in 1913. The plat shows this parcel of land as "Currie Commons" indicating that the property has always been intended for a neighborhood park. The City of Delray Beach is the leasee of the subject property through a conveyance dated January 26, 1954 from Currie Investment and Title Guaranty Company. The grant was subject to a reversionary interest to Currie Investment and subject to a lease originally between Currie Investment and Post No. 65, dated February 8, 1926. The February 8, 1926 lease contains certain covenants and agreements which require that Post No. 65 permit that a portion of the property not being used for an American Legion Bui lding., to be used as a "semi/public park and playground". The City's lease expires in the year 2025. The indenture conveying the property to the City in 1954 contained certain express conditions which, in order to provide for continued public ownership of the property, would require that the City take whatever steps are necessary to ensure continued use of the property as a public park and playground. In order to implement the Capital Improvement Element for Parks, the Decade of Excellence Bond provides for $230,000.00 for the redevelopment of Currie Commons. The anticipated improvements included two ball diamonds, a multipurpose field, parking, lighting, irrigation, sod, pressbox and concession stand. The plans are now before the Board as a Site Plan Modification. The landscape plans are conceptual and will require final approval upon submittal of the working drawings. The preliminary engineering drawings where submitted at a latter date, therefore staff has not conducted a technical review of the plans. The Engineering Technical items where generated from the site plan only. PROJECT DESCRIPTION: The north half of the property is currently being used for a little league ball field along with a 2 story C.B.S. concession stand. The south half has never been developed. The exis·ting building is dilapidated and is in poor condition. SPRAB Staff Report Currie Commons Park Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. 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 a 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/Sewer: Existing mains already service the existing facilities. A 12" water main is located on the north side of S.E. 7th Street. A service line will be provided to the concession stand. A 2" water main is located on the south side of S.E. 8th Street, but does not service the site. A fire hydrant is located at the N.E. corner of 7th Street and S.E. 2nd Avenue. No additional fire suppression is necessary. A sewer main is located on both S.E. 7th and 8th Streets with stub outs to the park. A sewer service line will be provided from the the 8" main located along S.E. 7th Street to the Concession Stand. Drainage: Drainage will be accommodated by providing exfiltration trenches within the parking spaces along S.E. 7th and 8th Streets. A dry retention area is to be provided on the north portion of the site inward of the parking spaces. Drainage calculations will be required in order to assess this situation. The swale along S.E. 2nd Avenue is in poor condition and will need to be reconstructed along with the improvements to the park. Streets and Traffic: The subject property is bordered on the east by S.E. 2nd Avenue, to the north S.E. 7th Street, to the south S.E. 8th Street and to the west by the F.E.C. railroad tracks. The north portion involves the upgrading of the ball field and parking along S.E. 7th Street. Since there are no new uses associated with this portion, a traffic statement would not be required. With the development of the soccer field a traffic statement would be required. However, its not anticipated that the traffic generation will be over 200 ADT. Thus, there is compliance with the County Traffic Performance Standards Ordinance. SPRAB Staff Report Currie Commons Park Page 5 2. The same options (1 and 2) as are available for the S.E. 7th Street situation and, in addition, request a waiver for the backout parking. Reduce the width of the field by 5' (standard width for boys play is 165'x300t) and provide the landscape buffer inward of the parking spaces and provide the 5t sidewalk. Parks and Solid Waste: No provisions have been made for solid waste removal. A dumpster or trash receptacles will be required as necessary. It is not anticipated that the park will generate a very large volume of solid waste. Appropriate facilities can be accommodated on the west side of the park. They will need to be designed to code. The LOS (Level of Service) for Parks are not applicable. However, see discussion under Consistency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) 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 following policies were found in regard to the Comprehensive Plan: Open Space and Recreation Element: Within the Open Space and Recreation Element, standards for recreational activities are identified. Some of the deficiencies identified are baseball, softball, and football/soccer fields. The total number of fields available for current demands for baseball and softball meet requirements as derived from the National Standards. However, the technical deficiency rests with the quality of construction of the facilities i.e. depth of infield, grass vs. dirt, length of fences and lighting for night use. The number of fields available for football/soccer appear to be deficient; however, the sport of football does not have high demand in South Florida. On the other hand, soccer does. Soccer can be accommodated at several of the ballfield parks by conversion or design as multipurpose fields. In the year 2000, it is noted that population increase will create a . deficiency of 5 baseball/softball fields and 7 football/soccer fields in respect to 1988 facilities. These deficiencies are to be accommodated, in part, through the proposed improvements to Currie Commons and the Miller Park expansion. Currie Commons is further identified in the following policies: SPRAB Staff Report Currie Commons Park Page 7 1- A landscaped setback of fifteen feet (IS'); or 2. A landscape setback of ten feet ( 10 ' ) and either a six foot solid finished masonry wall or a continuous hedge at least 4 1/2 feet in height at the time of planting, said wall or hedge to be located inside and adjacent to that portion of the boundary line of the CF property which is adjacent to the residential district. The proposed backout parking prohibits the ability ,to provide the landscape setback along the property line. There are several solutions to this issue, see discussion under Streets and Traffic. With respect to the two boundary options, the wall and/or hedge is inappropriate given the nature of the use (neighborhood park) particularly along S.E. 7th and 8th Streets. Thus, attempting to meet the 1St landscape area requirement seems most appropriate. It also seems appropriate to count the ballfields and play areas as tlopen spacetl (landscape area) for meeting code requirements. Pursuant to Section 4.6.7 Signs: A sign is proposed at the north east corner of the site. The sign is located within the lOt setback. A variance will be required or the sign will need to be relocated to meet the code requirement. A separate sign permit will be required. Pursuant to Section 4.6.8 Lighting: No fixture height on private property shall exceed 25' in height. The proposed height of the fixtures is 60'. However, the park is public not private. It would be appropriate to require that the pole heights be maintained at the lowest height possible in order to mitigate the impact of the lights on adjacent properties. Pursuant to Section 4.6.9(C)(6)(q) Off-Street Parking Regulations: Parks shall have the parking needs assessed and determined by the Director of Planning and Zoning. Forty-four (44) parking spaces have been provided. This number was discussed with the Director of the Parks and Recreation Department, and was based on non-concurrent usage of the baseball and soccer fields. OTHER: The proposed dimensions for the soccer field is 170' x 280' . This is a substandard field size. The smallest field size for boys is 165t X 300'. The Parks and Recreation Department has had discussions with the users i.e. the Little League and Delray Soccer League, both felt the size was adequate. LANDSCAPE PLAN ANALYSIS: The proposed landscape plan is a concept plan only. The major issues outlined in the staff report will need to be resolved prior to providing a final landscape plan, SPRAB Staff Report Currie Commons Park Page 9 4. Provide additional ground cover and shrubs. Plantings should be considered in the parking islands and around the building foundation and beneath the Palm groupings. ARCHITECTURAL ELEVATION ANALYSIS: The elevations are typical in nature for a ball field concession stand/press box. REQUIRED FINDINGS CHAPTER 2.4.5: Pursuant to Section 2.4.5 (F) (3) (Findings) in addition to provisions of Section 3.1.1, the Site Plan Review and Appearance Board must make a finding that the site and development plan will: Be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. In general, the upgrading of the park with the proposed landscaping will only increase the surrounding property values. The issues which will need mitigating are the impact of the lighting and the buffering or backout parking. In order to be compatible with the surrounding neighborhoods, the height of the lights should be maintained at the minimum height possible to create the least amount of glare to the surrounding properties. TECHNICAL REVIEW ITEMS: 1- Provide bicycle parking. 2. Provide a photograph or picture of the site lighting fixtures. 3. Remove the last 3 parking spaces along S.E. 8th Street, where they backout into traffic along S.E. 1st Avenue, for safety purposes. 4. The landscape plan indicates that the roof overhang encroaches into the setback. Please clarify on the site plan by providing a dash line where the roof overhang will be along with a dimension. Per code the setback is lOt to the building. The roof overhang may encroach by 3'. 5. Provide a sidewalk along S.E. 8th Street-. SPRAB Staff Report Currie Commons Park Page 11 Along S.E. 7th Street, a waiver should be requested for the backout parking. The landscape setback should be provided inward of the parking spaces with the required landscape material. On S.E. 8th Street the parking should be accommodated in the right-of-way by providing parallel parking. Thus, being able to provide the required setbacks and landscaping. Along S.E. 2nd Avenue, the required trees should be placed in the right-of-way to create a pleasant streetscape. ALTERNATIVES: A. Continue with direction. B. Approve the site plan modification for Currie Commons pursuant to Section 2.4.5(F) with conditions and recommendations. C. Deny the request based on a failure to make a positive in respect to compatibility. D. Direct the specific changes be made and then approve, subject to conditions. STAFF RECOMMENDATION: By Separate Motions: 1. Approve the Site Plan Modification for Currie Commons based upon positive findings pursuant to Chapter 3 (Performance Standards) of the Lands Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(G) and subject to the following recommendations and conditions: Recommendations: a. Recommend to the City Commission that a waiver be granted pursuant to Section 4.6.9(D)(2) for the backout parking along S.E. 7th Avenue. b. Recommend to the Board of Adjustments that a variance be granted pursuant to Section 4.6.4(E) for the landscape setback along S.E. 7th Street. c. Recommend to the City Commission that a waiver be granted pursuant to Section 4.6.16(H)(3)(a) to provide the required trees in the swale areas as necessary. Conditions: a. Provide additional landscaping on the opposite side of the street in swale area to mitigate the backout parking situation along S.E. 7th Street. õ( W' r WJJJJ-- T I I I I I I T en ~ ~~ - o .. CURRIE COMMONS PARK Z o z I ~ ~ [J]]] SL _ . TH ST. S' ~I I RS ~ o (J me STREET en 0 ~ m ~ z ~ ~ u..... .. 01 A IC 0 SL 7 TH ST. 1 S1 AD p. ,I ~ .. ii( ~ ')j ')c I ~ Ii s.r. . TH ST. 81:U VIE W ... ¡[II[]] ii( I I COURT u ~ P~F K a.l ~ ~ I E Ll E' II t" ~ '" - SoL . TH -ST. I :\ t~"U n , -r= ~J ~ 1111 r .-.J L: V L=-~::J:· > -~July 9th, 1991 7/12/91 c: City Manager, Commission '''I 1 1 Joe Weldon - .. . , RAB LETTER TO THE EDITOR t. ¡TY COMMISSION ~ Two new ball fields, a soccer fierd,-'ã"''''fìé~lSricession stand and parking for 81 cars will soon be a reality at Miller Park's southernmost end and there's nothing the neighboring residents at Town and Country Estates can do about it. In fact, there doesn't appear tö have ever been much of anything that this once serene, restive, cozy hide-a-way community of 148 units could ever have done to alter the situation. With all the Fourth of July rhetoric about freedom and pursuit of happiness in this wonderful land of ours still resonating in my ears, the Miller Park undertaking imparts an especially acrid taste in my mouth. If we desire to talk about "pursuit of happiness" in this country then perhaps the Delray Beach Dept. of Parks and Recreation should have been more con- cerned about the happiness of those living at Town and Country Estates and neighboring communities. If wé de-s ire to hail freedom then' perhaps the architects of this new brainchiid at _ Miller Park should have inquired into whether... that' freedom meant that they had the right to simply dictate what they want- ed rather than make theìr plans contingent upon thewish~s of those who would be most affected by such plans. During one of the city commission meetings which I and other concerned residents of Town and Country attended, I couldn't help but ~Qtice the quite ludicrous guise under which the whole Miller Park Plap. ì,¡as being presented. The Dept. of Parks and Recreation. in conjunction with The Bucky Dent Baseball School had þright-eyed, innocent looking youngsters donning baseball caps attend said meeting. The image which was aj:.tempting_to-be panned off ì-¡as that The Miller Park Plan and Bucky Dentts Base- ball School were synonymous with love of Apple Pie, God and The American Flag (albeit not necessarily in that order) , and that anyone who voiced any objections to the whole deal was downright UN-AMERICAN! Such a distortion of the real issue at hand is not only pathetically ludicrous but deeply regrettable as well. Regrettable that youngsters who quite naturally love to play the wholesome sport of baseball were inadvertently abetting supposedly responsible public servants in callously imposing a plan upon those whould have had the final say in -the matter. Yes, "BASEBALL" is a wonderful sport. No, it doesn't de- termine whether one is "AMERICAN" or not. Yes, the city per- haps does need more playing fields for youngsters. No, it does not have the right to dictate that two new ball fields, (one öf which will" be of Måjor League dimensions where in the-_ proposed location of !home plate' shall be practically on top of the nearby residences), a soccer field, new concession stand, . . ( t ì'¡O sets of bleachers, and parking for 81 cars shall soon eXIst without any and's, if's, or but's from anyone. Yes, this is AMERICA and the measure of any government's worth, wh¢ther / · its scope be national, federal, state, county, city, or town is the extent to which it is responsible to the true good of those who are most affected by the laws it makes and the actions it implements. No, the Delray Beach Dept. of. Parks and Recrea..., tion cannot be entitled to high marks on the Miller Park Plan since those who shall be most affected by its implementation, and _'whose lîfesty¡e .shall-surelY.. be. affected Çl.dVEÜ'sely by. noise, traffic, and possibl? vandalism have had no_r~al šay in the whole matter. - Concerned and irate resident, \~~~ ~~~ Thomas C. Luongo sol tJõílihd ,fd oJ t¥7:. ::2 3 () y 33<./4'/ / ( / .-. ..__...._~ .~-_._.._------. ..-.-- - ----~-. -"-'__"_~_ ~liL.·ÎJ .____._____~.._..._~ . . . If you know t!f a hero in your ~ DELRA Y BEACH èommunity, let us IËb~~ Proposed park plans outrage res "Index, .' BY AfmtoNy MARX "This is a big-time operation Dent Baseball School across ; Deaths, . . , . 2C STM'F WRITER and it simply isntt the rigþt the street have agreed to chip . Regional. . .3C Maria Luongo says she, likes site.. It's too clo~. to a resi- . ,in $75tooo to $IOOtooo. State .. . . . . 5C baseball. But the Delray Beach dentlal area and ,e were here School President Larry Hos- woman doesn't want to live first. to kin said he sympathizes with CaD us next door to a city-owned field The cityts pl~ns for the residentst concerns but noted with daytime training, night vacant, 9-acre site· west of Old that the existing fields have : 'r Ifru ha~ any games, cheering crowdst tra- Dixie Highway call for two caused no problems for nearby 'c~f s~::/' pease ffic congestion and the threat baseball fields, a soccer fieldt residents. ' KC:Uman city of vandalism. lights, a concession stand, and Since 1983, children from, editor, a; 338·4920. Luongo and other retired an 81-space parking lot on the private baseball school In Boynton Beach residents living in the 148-unit Dotterel Road. FOQr baseball have played on the existing or De/ray Heach, Town and Country Estate con- diamonds are already used in Miller Park diamonds. The ~~" K~s K/Jdrich, dominiums fear city plans to the northern half of the park, school sulrleases the facUities 2:}~1~tr' develop the southern part of off Southwest Fourth Avenue. from the citYt maintaining the ;' . Miller Park will undermine A wall or hedge also is fields in return for their use. their quality of life. planned as a buffer. City commissioners are I "It really stinks. Every- The additions will cost th_e expected to discuss the pro- E body's worried and they're up city an estimated . $375,000, posed improvements later this t in arms, to said Luongo, 62. and officials with the Bucky month.D r ;~(j{~}> ': ..,:;"Œi·. ·f:.. .:. ' .'J.':: -~,. ,. "-~"..' .·,'_I.r:..··.. ,.~,..,...:~._. ,¡;;';i~¡i., . "~ ' . ~.. . ¡ '.,~~.,., ':2jÇ"':¡".'- ~t' " :?:tJ;~~¥:L;.,,;. ~. . ~ ,.'.....':~:...: .~. ·1% -'. . . . ,...... . ,', , 1,.\'. ~:_~.~: ";", '.'.: . ,! ~;""'. .. . '....... ~.. '.. ~ "'"i-t:'-/!'t:. ~~~ ;~ .'~. ~:""'.£.'c.'''';",.,_... . ",.-..';. !UP, . .' ~~.,-~'.!..... "~--' .:....-x:.;. ..:: ~'''- ~",.... f..J -. .....-..... .......... ..... .~ :i~<>iL~' ,...;.~;; ... " ,~. ,<,';'0 X , ~:;~=' .."* , ·*r,/ ...:,,¡,... f'~ :~i 4- /t PET I T ION WE, 'fHE UNDERSIGNED RESIDENTS OF DELRAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support tt e use of the , $SØØ,øøø.øø from the Decade of Excellence bond issJe which has been allocated to upgrade the park; however, we v,ould like a sufficient percentage of this allocation designate,j to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reducE' the amount of space currently used by children as a play area and to reduce the amount of their playground equipment. Vete.-:ans r Park is indeed a jew(~l 1n our ci ty and, accordingly, we vlan t to preserve it fer Ltle enjoyment of everyone, including the safe enjoyment of our children. 1 .. (C, ~'\ "''\\J ~X\~\'·1 (";( [ILII , \ \ '¿/~- ~£ ( - . I~>-é!.~e!v~y~j) , ), / .'., . . 0' f ,...":--.......... , ~, . f "Ai ,j,L,A/ 1~' ~ ¿r :4:::- 1::1.' ß :£ rlYùvr mtV)éUJlA.- ! / ;1,{ 1 ~ >¡.: 7/ /~fi.~\ c.""'C" ~ fJ) No t:, {¡;Ì/1 f, f ~1L¿l &.A C~C' . d~-5- ~<=-. ~-~~._ - / 7 ;;:? /l--: ¿; . 9' ¿I: - - c{3:¿ h[/~,~-iØ~~ 1/1 - 'J S" S'Y': /. /1 ,(> . -"11/ t., /' ¡ C., /¡ '/1/ (.-1 . t I ,,' \ ./ i/k 110. I· I _) . ¡ \ I j \ 1,....::-.. I.. . '... ì .., '/.0 ~' ->.' 7 N [~ trIll J . - ; ( l'/ .~._",.::.~ . ) /~ (~ ·r ~ "'\ .. \,;' / ¡ I, \ . ( ~,__.../i ,__- / . . .- '-' .--. ------ -'-..- _._~- ~ - -.- --- --- ----- ..-------. ...----. -------- PET I T I o N WE, THE UNDERSIGNED RESIDENTS OF DEL RAY BEACH, FLORIDA do not want any changes in the amount of space in Veteranst Park presently devoted to children. We support the use of the ï $SØØ,øøø.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of sp¿¡ce currently usod by childron as i1 play area and to reduce the amount of their playground equipment. veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. I c¡;¡ i '" 'I i, i:,', . . ,? J Ai, ' ";'; í¡- -. U / - 7 ' ,'~'I¿V Ii if ~/ I ¡ ,;¿ ~·~.l(:.(LS.(, ~.J. ,\-f?f'...u() : )) ", ) ''¿ . 1 . ? J .. / l ..' I I! II ;~3yg~) .i } íl/(/ / /- .! ../ (' I ' '/ Æ .. 'J 'I ~) ) i) j 1" /í Jl í /) ({ cl /(J,dl;)(~) ~ , \ ~~.-.::: y~f_~ " I <___~_ ' . ¡/ í . ' ¡-'. '/ --I _<.." l (/ j ..l ,.'~ _. -. ,;'L( <.....~.. -_<' , ,. I) I I ~ \' \: I' , .(. c. ,\ '. ,~ í ~.() ~·l \1 c\ I), \ \ ì \ J.' \" c.\·'· I \ >~ , \. 1 (\\ " , '..' "\" tv, , \/ « t /' ¡ ! I', I /1/ '<J ')1 ( \J l.~ {' , , I " I I / V ( ) ..... J( ,. ( ", ; / / , ì' ( .,' ( , ':' /~ '/ ') "/) '!t: (, .".', l., ';í'(, \) r , / ~_.' I._ ¡i / ~ . ,,''\. ) ¡: ) / .' C~, , L / ~ ' I 'L J i ! , l- i . V' -~ ( \ - . , '. / /1,1.. \"1 / ,) ]r ~' { '\ . :' , "k'J.t~\ / -'(/ (: 1(..... .~ I . ./.~ '; --.--."- , " '."',1 ',', "~~ 1 -, ¡ , ! ,-,.\ :", \ 1 I J ,(' . './,-:1, i,,'I.,.' "i, ~ I, \. / \~.A..', , " ì : , v ' \ ! ~ .;> (- 0 -T')-p'-¡ ( \Î)I¡i \\ I"~ '.' ~ ') .." ¡ ,"', 'I I ¡"'/I l ---- _, H_' . ,.--.. _.._--- PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DEL RAY BEACH, FLORIDA do not want any changes in the amount of space in Veter ans · Park presently devoted to children. We support the use of the $SØØ,øøø.øø from the Decade of Excellence bond i sslue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase ne playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playground equ i pmen t. Veterans' Park is indeed a jewel 1n our city and, accordingly, we want to - preserve it for the enjoyment of everyone, including the safe enjoyment of our children. WDv\ I lð /~/ ÞOh, qo I~(Þ£ ~ / (i' ~ *#o~ /N 127- /1i) J::::;;' of C70 ')1~" , -~~ ..< - --_. -. .. .- PET I T ION WE, THE UNDERSIGNED RES1DENTS OF DELRAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to chi ldJ.:en. We support the use of the j $SØØ,øøø.øø from the Decaß~ of 8xcellence bond issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playgr:ound equipment. Veterans' Park IS indeed a jewel 1n our city and, accordingly, we want to preserve it for the enjoyment of evervone. incJuding the saFp enjoyment of our children. I '// I ../h. ,,// . / 'I. ! /J '¡' /vL,. , ~J'(.o !(jne lc Ä' f¡ ,! '")7. -L,- C1;S ;¿j:; / .(4 L_7:1/~'~Þ<¡ ') ¡ ~ It /t"LZ ¿ì-U -;;Z;:~~;) #J4 ~C .O? Y- }; ..c. /.;{~ sr . / ), 2- ~ IV. e . fft¡ ..sIT - . ~ .-'0- 3Jl( ~~ ~ 'D/L t~j--l~-- oLr~ ,j IV' ..l. <f' ~. ~ tv {ù4~t.~~. ~" 1~6)nti llr,¿ -.".,~,~---~--""._.~,-....._-,-~",..~:..-._.,,----,-_.~,--._-,,-,-~....,."- ..--..--....---.- '-..-.....---------.. PET I T I o N WE, 'rHE UNDERSIGNED RESIDENTS OF DELRAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support the use of the $5ØØ,ØØØ.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space cunently used by children as a play area and to reduce the amount of their playground equipment. Veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve 11:. lur tì¡è: ¿ iì:J c. 1·mc r~ ~ c.,f ~t1't·.)""',rr'\nr.:::a. inçluding t-he safe -'. '-...I. . ., ~.. . ç¡ot{ ~ /07 7} JU, _ -- ?8/3 .1JU)¿¿- l,&/l/£ t/()(. .1,{1 J)¿J /6 41 4'~ So éaðBi. \~:) '.~ 't:h.h ~ 5 5~ ~7fM. fJ~ ~.f>. Î ¿ 'fJ~ . . l. C _ {7J{!/ "? , I (. / '"\ .. -, ~ .' J ; , I f r ' ..., I" ... ~ , 1 I fJ ¡l¡1 f ,i .' ---- - -- ........-'~-'-_._-_._._.._._._._.. ..--...------- _. ._~...- -...~._----.._._.. -.- -"- ..;.)--. -_.~--- -~ '_.-, ---- .- ~..'- .- ~_"____M ---'.,.- _.---____. ---.~:;~;:;~'r~-~.--. ..~_..-- -----.--._.._...____,._. n_ ._.._,__._ PET I T I o N - WE, THE UNDERSIGNED RESIDENTS OF DELRAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support the use of the 'j $SØØ,øøø.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like ci sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playground equipment. Veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. ~:fdJ /L~_~ 6v ),7a~7 . ./ -'.?~1'fu~1- _lQL &; ISi S.:Œ- <./ "I --..-. PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DELRAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support tþe use of the $SØØ,øøø.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like a sufficlent percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play areñ and to reduce the amount of their playground equipment. Veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. ',')/';1 ,. // ;-<1· // J: / c? so ¡:j, I /07 h 67." [)F ¡ l'/Î;;'/ k3{ (¡,' r .I' ~ , , \ " I' f\ ,,'. \. \ \ . . \ ~. (', ..J.. (, \~ ,-'\ «', \ ( " " j \ j 1/ L- I. ¡ r I j S J ;. \ '~ I Íj( I\'í l,. '\ . ,~ ( I , .. j.. t! (. I ( I (9 1\/ \,¡; "1 \ t.r\ '_' .L. L.¡,) IV L Jc) II ; I '~I:) (r{¡ J- J" 'p /~ ./ ',' t. U( 1 ~..~ +- 1;'/...'1.-) ~.,.,~....-¡ 1. â'[(}: 1\ 1.} l{- f.¡~:; I en.. !-lì<.>..."--;;. T ¡)¿¡,/~ '" r 6'[-4 C L.¡ /'~ ."_ ._ \ t '¡.o.:, _ /1..; /'.1 _) :./, / /:' C'.J ~'1 ".,¿ 7 ,II;' ,1' .( (I 'oj .;-~ \ I (, ,',) /. I:" ,((. Il"f ,/',1.,1'.- ft.. ." f. " of , ",/ "¡ .. r . /- ~ -'--.. J< -. ,,/- /c;.ì-I '/~ / (.-c', ,,{¡/ .,- " 5 (, /(( / U 5 ( r<:) c· L rf 71'Y-- r..~ ( -f( /) ~ ~ '! J .' V or V I J /J L-(¡~) "'I ,.{' :"1- :..-~, il ....'f i ~ / ;,¡'/"c'(JJ..I .ì-' ' ,) r)O /' ,t loA r .....IIPl<'~(?f ,~ 'I "VI)). (' A (-~ ~ .~ A )X('U ,i. // . P c; ·_- ~.~-. ----~- - '.-" -"~' ---- ..,. PET I T ION - WE, THE UNDERSIGNED RESIDENTS OF DEL RAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' ~k presently devoted to children. We support t~e use of the ( $SØØ,øøø.øø from the Decade of Excellence bond issue which has been allocated tJ upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playground equipment. Veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe .5/ r þ: ft-U/~1/;?ðd 4ë::. /,lc;)/, 21£ p/Jd ~ . - - } b 3 t: 5 E ~ rd '¡:f ':! e. ~~.2h~· l\- 5e: ., _.,... . ..~. .._____'__. ,._~._. d_'~__ .~. _~_ PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DEL RAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support the use of the I $SØØ,øøø.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playground equipment. Veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. 3 yc¡ Y .. 0 7.5';:' y~ 'f -ð~vJ,'t-&0 ,,33:) S¿ ., (~ ,331f~-3 . \" \ '\ '. _ \ / . \ i-¡ \ ,H\ . ~,. .,. . .'_ d .;1" \. \.. -"- l':.\., ^.' / \.'. ,.,., "\ .. I ' 1.(( "J "~>"\ 'I, ? \.., ~ .\. -- .....' , . L - , ',,"........:.. . ,Í(... ;. . / .) 's ") J, '"' n ~t, " - )..;)1 . I, I Nv" J.... ( I, vtt,\./-~-~~.tlf'f~ (\ \r --\ r- f\ . ì f~~(1J)dn'Jf .}..~_o.J ~3~~] I ~'3.!¡r:¡,",J 'f }J .Llt J .,< - ~.., ~-" .__.~.." -~ _.~. -.--.... ------._- -- -' - _....~.._--- --'-- .~---~,---,--- ," -,.~ PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DEL RAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support the use of the . $SØØ,øøø.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amou n t of the i r playground equ i pmen t. Veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. i , I . ,\\ t' . :' ( ì\· ¡ \ r '\ 1.1 ,¡:~) fCi[1 Ii) V\ j i t~{){i{fJ1)() VIi..) /1/:.' /'! I I I I', ./ ,/ ' ) ~--. , '! L " . I, n ..( )/,.(// .,<.,,~J.' v'. //, ,'(:",1" .;'.,/1:-//-',-".. I . I ! ~ . or",·", PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DEL RAY BEACH, FLORIDA do not want any changes in the amount of space in veterans' Park presently devoted to children. We support the use of the i $SØØ,øøø.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play a1:ea and to reduce the amount of their playground equipment. Veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. ~¡;; \ \ ?. ':l. 0 C. Q.. ~ \ 2..J0l. ~ <:....- 3~:H¿J7gj}æA / 'l-I'i" )j}4J~' , 4 d-t- ~ Ii ~4 t~Aj~..1:.-1\~ 1..Jð~_~ W7r /0&' Nt!!: ft ~ ~(, ?~3,r;--6 ~ I (J "3ò -Ba ~~ \0\0 \'l. ç ~'" ~ \)~ ~ \~ . V .t . ~¡ ~O h ,r-I 1\ÅJÎ... _ ( LR. ...(Á . I) . p~ ¡/~~~~-¿~/ .-- - . PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DELRAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support the use of the I $SØØ,øøø.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playground equipment. Veterans I Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. / ( , (J~-t-1 J 3:.¡r'¡'i . . 1 ,-f, t I l:'" ! ' .' I.· J I If i~ '/' ~·'I I ,{I (.I <.;; ;~; \ ,'( IV ,-, .J ~- .-~ "., , , . I . I " . .. I ~. \ ...,.', 3~ L~' ! I J. . '-'. ,) \ .~-, \. ..,~--- ..~ (, '¡' --- .- ) ~ ,/ . J I ."~ I \. 'I , ,.. (. , 1_ ... "('1 q___ /J G, :1 -:' .' ,\_ //./"I / J :v ' , ·<~:dt'111. _~, "") 'ii.i" '. L/. I ~~_______ '. )....v !fJ, ~L/.', I'! I ./. v...·! /,/ ".- -'I I \ \-; I. '. 'V' .~.... ," I! ,-,\ I', ,r.. " if' II \ C_,. (J ,: 1 è--·,'If·' !, \ \ I¡,\'.." . i.' /1/ "r'"\ r i\) ;1, .j ) _ ,\ ,I \/\,/;\ . , ! ',. . .. I ¡' : \ .. " ./ . . I \~ ,~ . - --~.-._., . . .~. .-...- -- ..-----~.. -. '"þ - ...- ----..--- . " --"...,. .. -- - _. ,,' ~ -. ~:.... PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DE. r..RAY BEACH, FLORIDA '0 not want any changes in the amount of space, in Veterans' Pé..rk presently devoted to children. We suppc'rt the use of the $SØ?,Øøø.øø from the Decade of Excellence bonê issue '-'1" ich has been ,Jllocated to upgrade the park; however, \.¡e would like a sufficie~t percentage of this allocation desiª~§d to purchase new playg-ound equipment and also make the park totally safe for childre.'. We oppose any efforts to reduce the amount of space current.'.y used by children as a play area and t ") reduce the amount of their playground equipment. Vet.erans' Park is indeed a . 1 in our city and, accordingly, we Wi.,nt to J ewe. preserve it for the enjoyment of everyone, including the safe enjoyment of our children. ~p~~ iqS~~¡J/~f: ~, --.2...l~ pttftAuf T{a1 ~ 50,~ .~ X J '.., i \,' ¡~, ( j IJ~'f \ II " '/(/({ , \ \ '\ ~~, .~) rD.) \~ ~s, '~ \ ':¡. . .' ,t\ ;. 'X', \.. - ),'~ ~,~ \<" \. ~-' "\. c~" ,,0\(\ '-<L~O.«,,-I ~~ "Ì'4~1 'h \ ''''-Î " ~. ~c.""- -:t --;;7 ~? /~ -!6) C7 -2)). fb I J30 f1·1fl(,· !=l -L- 1 , I; . / q/J( ^I(, MJ~' PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DELRAY BEACH, FLORIDA do not want any changes in the amount of space 1n Veterans' Park presently devoted to children. We support tpe use of the $SØØ,øøø.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playground equipment. Veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enj oymen t of everyone, i nc 1 ud i ng the sa fe enjoyment of our children. r n ~' ~ . , \' ~ - { (, '> . I ",- ç, - '-(> ~ tí,h Q::r,~},.1 . /;) ~ ,'2 'YO ':J/0L vJ'1' ~v~ .p~\ ¿:>;. / t / ,'-', I ¡' j( I: / ' " t... / ' f/' r-" / -:.. 'J . ('..--, \ ( I /¡,/' .'. ( / r: (" / / I / // c' //'(/ " :' ,/ / \ (' 2 fIJ (. \) U, ,ì t _ ...' i' .1 ;«- '! i 7, ~ "f ' ' - f \' ." '----. ~ fi \....J --.b ¡ ~~ I 1\ 11 _~:1!-<A.~ .'. ,r-·~".{A .Æ'~ . , . In .,1 1 '." , . t.... ~. , . -, " . ., I !~'¡, \:.-- (r., ",(~, I ? " I f\J\(,~ 1+:1) i.('v'A,~·..- 'f~C' C ~7A- i- I I." .~. ()~flA4-'~_- _ ¡Ol NG ù ,- S. /-1 ' I A"",/' l ~ ~r..1 d;/--, '/,/,) ~ ' . I_<'~ 1...; :t,·/C" I r?c.J() -;; ~~// hAA..c-t4t."Þ"'- ~5,J () 0 - - . . g~3 ~(;f!lÎ~47ß!;R (C0Ull jjl6 U t:: 2~·1 HZ'" .jßJf{1 ~I¡;tk/: ) ~ __ ---- /0)3 I c)( A1/l V ~Q'- . 53 ç, li3 .\ 2./ ¿---:j:7 /) "i: (J L a L ~,~ /~;?;...-: ,,/., /" ~..1J-:"ué'~-f /9'':;,11 i-,(?/~ -:' ./'/.:Ý 'I '¿;>"-'<j~... //L i /' . ,r¿t75.:37"'¿JT ,. ,~ -.".. -----...- - -_. ---- PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DELRAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support the use of the $5ØØ,ØØØ.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playgroui1c1 equipment. Veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. W£- , , , , J >·f·:· (/,r;;/', ., ,..¡ I l í. 't / ~_. .' ¡.' / , ..... --'..~_.. ." "'., ....". ~.. ._. ._~... .... .'~_..~... ... "..-- PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DELRAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans t Park presently devoted to children. We support the use of the $SØØ,øøø.øø from the Decade of Excellence bond is~ue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playqround equipment. Veterans' Park IS indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. .~ ~ ç f'MA') \tZ~ § \\- - Oc t,- A1 1311 '-f ~ -L, '7 ~ r ])~. . C/~' "':) ! .<£.~ ù / L<AJ. 0 - Æ,.7 J -5 5 I I / --- '- ;3 - I r., '-" Ie' ! 'if IlL! I Ii / () 2[) / {< ýyJA ( I ¿/J d £.J. ,::> -> I&:__~ ¡or- /..... -,- \ ' I ¡ i,_' ~ ,,( \' I d. '\J'.. /'7 I i·V , (- ~) ...)(', f.. ~ (c.t:ic ncq " ~ -{ '¡¡ . I l, / I ' -- I. /"/" J 1 ¡ '/ . ¡if, ~, , I r' ,I" ' I i .I , - / ; 7 , / ,(I I ¡ I I II , , . - r . . ~~. ~ b /? d3~5 N CD ~rt~q Sf If }/W J g t-(( Sl. / '·;1 -- PET I T ION WE, THE UNDERSIGNED RESIDENTS OF DEL RAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support the use of the $SØØ,øøø.øø from the Decade of Excellence bond issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playground equipment. Veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. ./ , :} it AI, "I, 1/ -<'f í,{ !.h{7 ,gd:.3 3'1'1'1 --S~/A' ¡( /: ~~ Dí 'f... " I /(/ f... \ ()..v /k'¿t'¿¿~"-'t. <~Y\../ Ilia (~:dllfN:7(1/)/ ,--1) , B 3~"¡ l.s ?Lpj}~ ~ 1'Yr ß ) J :5 9ft ~ ,jy') j ( Ii 1)0. \ -r I (0 ill!') l\;'kJ . y~ç¿ f},JJ L-' , (-:-1/ ¡ ^ V' r~> tf\ ?) .:::; \i/'?O l/ cO' '/) {, Y () d I' c\ Y ß (. (I{' q ) (" '-, __. c_ .d f ~ - 7~ ' /, /" ..... t: .1-7 ¿ "'7 ,/ / L'1~r L,_' " ~ ~- --. ..'" ~.~ '¿.<>C:- ,..--,-,- (/ / ' ) . ......- '- .~.:::::=7 ¿'-¿.. \/ /a..-{) /:J )1· '·l /c?-( r ,- /~// .' t/ (::: J' Y4 . 2> l .JJ'.{~T V ) .// /? .I'll r (rf,Á ~J'. '~&~7 (/ '7 ¥. ('1 C4:YCZ? ¿.<- .~2: L. ð '- -. . - (;?jl /l~ll¡Æ_<~~- , ! / 1- WI ~,/-fl ~7 / IP-fr~~b /2ð ¡,,' ~~/ - ~ '~ðj)d'/ // td¿t;?t'7¡~ /,/ ) ':.~:/ c/ /r..-t;/ t--( J , "2d tj f-./ .I, J l , ,,< _.- -- .-. -~..~ --- . -- --- -- -.. ~- PET I T I o N WE, THE UNDERSIGNED RESIDENTS OF DEL RAY BEACH, FLORIDA do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support the use of the I $5ØØ,ØØØ.øø from the Decade of Excellence bon-d issue which has been allocated to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their playground equipment. veterans' Park is indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. 'J ,.It~ ,;:~~ .'/ ¡~1 /ru2~- J .... ~~ \/ '. ¿... '~.J.^"'\. \'\ 0 N1._CCr\vS-\ . D~le~ k-c-Å. -II(, (-...ßl' \ ~.! t Î \ " ( ,) , ! ),U 6& ~ t-- G A (/¿ ,)e¿v,"? ,,5-, ( ~ ~ "'¡ .. - I , PET I T I o N WE, THE UNDERSIGNED RESIDENTS OF DEL RAY BEACH, FLORIDA , .. do not want any changes in the amount of space in Veterans' Park presently devoted to children. We support the use of the $SØØ,øøø.øø from the Decade of Excellence bond issue which has been alloca1=-ed to upgrade the park; however, we would like a sufficient percentage of this allocation designated to purchase new playground equipment and also make the park totally safe for children. We oppose any efforts to reduce the amount of space currently used by children as a play area and to reduce the amount of their pl·ayground equipmrnt. Veterans' Park IS indeed a jewel in our city and, accordingly, we want to preserve it for the enjoyment of everyone, including the safe enjoyment of our children. r-Z__. ;/ ';;j;¿~~ /-7)':-0 ¡t/ FcJJ /~j/ .Vi3· ,.,JC ..-:;> rOY' /' /!{ ß:í 7 ¡(Yl/ ¿ - ()¡5/ Æ 4' Y _1-02 ç ~ ~ \ ~(~'-.;~.])d C i\-A---) , - _.. _.. ----'T - --- -.-------- -_. -~.__._~, ---. - -- . ~--- ,- (4) Discussion/direction relative to N.E. lst Avenue road changes and designation of funding sources. Consensus: Leave two-way as it is right now. Go with temporary solution as follows: resurface the open cut road area on the west side of the street and angle stripe the parking spaces, leaving the east side of the street as it currently is which is parallel parking. ass staff estimates that this temporary solution would cost approximately $IO,OOO. OSS to then meet with staff to work on a permanent solution to be developed by next spring/summer, incorporating City Manager's suggestion on design so as to convey message that it is a parking lot. Downtown Parking Study Group is to review as well and be included in formulation of the final solution. Funding: Per the City Manager, the City is prepared to pay for water and sewer improvements and would repave after the infra- structure work; however, OSS is to be responsible for the necessary funding to make the street into a parking facility. '--1\ tr/ì [IT' DF DELRA' BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243· 7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Agenda Item '* Commission Workshop July l6, 1991 Parking N.E. 1st Avenue/Old School Square DATE: July 12, 1991 ACTION REQUESTED City Commission is requested to review alternative plans for parking on N.E. 1st Avenue between Atlantic and N.E. 1st Street and provide direction on the parking design and funding of the improvements. BACKGROUND In January 1990, City Commission approved the site plan for Old School Square. The parking plan on N.E. 1st Avenue called for perpendicular parking on both sides of the street with two-way traffic. The on-street parking design was re-discussed with the present City Commission at a workshop on February 5, 1991. This item was brought back before Commission because staff had concerns with traffic safety as designed. These concerns were discussed and staff presented three (3 ) alternative designs for Commission review. These alternatives were ( 1) standard parallel parking along N.E. 1st Avenue, (2) off-site parking, and (3 ) converting the street to a parking lot and blocking off the street at Atlantic. These options were summarily rejected by City Commission. Commissions intent expressed at the workshop was to keep the street open to traffic and provide adequate parking. Commission rejected the original plan and directed staff to work with Old School Square to develop a plan for one-way traffic with angled parking. The other issues discussed with Commission were the need to upgrade the water line on N.E. 1st Avenue and make sewer line improvements in the area. Staff wanted to coordinate these improvements with the street and drainage improvements to be made for the parking area. THE EFFORT ALWAYS MATTERS PARKING N.E. 1ST AVENUE/OLD SCHOOL SQUARE Page 2 PARKING ALTERNATIVES A) One Way Anqled Parking Staff contracted with Currie Schneider and his engineer on the Old School Square project. Walter Cornell is to complete design work for the water, sewer, and alternative street improvements. After many meetings, discussions, and plan revisions the design has been completed and is presented for Commission review. (See attached) The cost estimate for the alternative, including water and sewer improvements, is as follows: Demolition 6,580.00 Paving 43,980.00 Storm Drain 19,648.00 Sanitary Sewer 27,140.00 Water Distribution 42,975.00 Asphalt Patchwork 15,830.00 Layout, As-Builts & Testing 4,000.00 Sidewalk & Curb Repair 8,079.00 Landscape Irrigation 5,000.00 Prime Contract, Construction Supervision & Insurance/Overhead 26,621.00 TOTAL 199,853.00 Per the contractor the estimated time of construction for all work is twelve weeks. Drainage improvements included in the alternate should have been addressed in the original street design but were not. By adding landscape islands on the west as well as the east side of the street, street drainage was affected. The contractor estimates differ from our engineering staff estimates both in dollars and in time to complete the project. The staff estimate for total project cost is $173,200 and time to complete the project is a maximum of eight (8) weeks. See attached detail cost comparison. The largest cost differentials are for the water and sewer improvements. B) Old School Square, Inc. Position It is my understanding that the Old School Square, Inc. Board is not in favor of the proposed alternative. There is a concern with the entry off Atlantic Avenue causing a bottleneck, and there is now a concern with construction being completed in a timely manner. They are attempting to rent space at the facility for functions to be held in September and are in need of parking. PARKING N.E. 1ST AVENUE/OLD SCHOOL SQUARE Page 3 As an option to the alternative outlined above Old School Square staff and their architect are proposing an emergency temporary solution. The proposal is to resurface the open cut road area on the west side of the street and angle stripe the parking spaces, leaving the east side of the street as it currently is which is parallel parking. This is proposed as a temporary option to allow additional time to review a permanent solution. Th~ intent is to then come back next spring/summer to complete the project. Old School Square staff estimates that this temporary solution would cost approximately $10,000. Our City staff thinks that as a minimum the water, sewer, and drainage improvements on the west side of the street should be installed now in order to avoid additional expense. If not installed now, the expense of re-opening .the street and installing the utility improvements later would 'add cost to the project. Commission is requested to review the proposals and provide staff and Old School Square, Inc. direction. FUNDING Another item for discussion and direction is the funding for the improvements. As indicated previously the City would pay for the water and sewer improvements from the Water and Sewer Fund. A difference in opinion, however, exists over the funding for the street and drainage improvements. I am recommending that the funding for these improvements come from the Decade of Excellence Bond fund/Old School Square Project. Total bond funds allocated for this project was $2.6 million. In September 1990, the Cityts Comprehensive Plan was amended to allow $500,000 designated for off-site parking west of Swinton to be utilized for the parking improvements proposed on N.E. 1st Street. The intent was to utilize the $.5 million of the $2.6 million for these parking improvements. I think this is the appropriate source of funding and have not been able to identify another source. It is my understanding that the Board and Old School Square staff do not agree with this recommendation. Commission direction is requested. RAB: kwg · Stinson Head City Curb & Paving 67,650.21 73,000.00 Drainage 22,667.36 27,000.00 Water 61,017.74 39,100.00 Sewer 42,749.33 28,600.00 Landscaping 5,768.36 5,500.00 199,853.00 173,200.00 )UL -'12-91 . FR~,11 : 52 STINSON-HEAD INC. FAX hC,,,,, jo60b6~ P. 01 PRQPOSAL FORM Stinson·Head, Inc. Gene¡;al Contractors ,.,. July 11, 1991 I' Mr. David Harden, city Manager city of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Re: Proposal Number One (1) Road and utility Improvements at N.E. 1st Avenue and N.E. 1st street for city of De¡ray Beach, Florida Dear Mr. Harden: Per your request, we have examined the site and become fully informed concerning the existing conditions, nature and extent of the work, and having examined all bidding documents, listed in Exhibit 1, propose to furnish all labor and materials ,required for construction of the project captioned above "" "", TOTAL COST for the completion of this project is: ONE HUNDRED NINETY-NINE THOUSAND EIGHT HUNDRED FIFTY THREE AND NO/lOa DOLLARS 1S199,aS3.00) NQtë: Please see Line Item Breakdown listed in Exhibit #2. Note: Please see Qualifications in Exhibit #3. Note: Proposal from CSR Heavy Construction, Inc. dated July 11, 1991 attached to Line Item Breakdown, is a part of this proposal. , r,) " FAX NO. 4073686665 P, 02 ... JUL': 1"2-9 ¡ FRf 11: 53 STINSON-HEAD INC. Mr. David Harden, oity Hanaqer July 11, 1991. Page 2 , \', If awarded this work, we will begin, work within seven (7) days after receipt of Building Permit and complete the work within eighty-four (84) calendar days. I Hoping the aforementioned meets with your approval, I remain. im Head Project Manager Enclosures oc; Gloria Adams, Old School Square, Inc. Joel Barham, Old School Square, Inc. Bob Currie, currie Sohneider and Associates Dutoh Bliss, Stinson-Head, Inc. Bill Branning, Stinson-Head, Inc. .~ " ...:' tr:~c,~ --'-··.......Î : JUL-12-81 FRI 11:53 STINSON-HEAD lNG, FAX NO. 4073686665 P. 03 J!lXHII3IT #1 .' BIDDING DOCUMENTS ,. Project.: Road ~n4utility Improvements at N.E. 1st Avenue, and N.E. 1st street for city of Delray 8each, Floriða Pl~ns By: WAlter A. Cornell. Ino. - Job Number 91-14 :2lans D..a.te Drawl} Lates-c Revision Water Main Facilities 1 of 7 - Cover Sheet February, 1991 - 3 of 7 - Plan and Profile - 1 July 1991 NE 1st Avenue 4 of 7 - Plan and Profile - 9 April 1991 NE 1st stree.t . , 5 of 7 - Std Water Details '10.,.', February, 1991 9 April 1991 6 of 7 - Std Water Details February', 1991 - 7 of 7 - std Water Details February, 1991 - Sanitary Sewer 1 of 3 - Cover Sheet April 1991 - 2 of 3 - (Plan not Numbered) Plan Profile Sheet - 15 May 1991 3 of 3 - Std Sewer Details April 199,1 - Grade, Drainage and Pave NE 1st Avenue 1 of 4 - Cover Sheet March 29, 1991 - 2 of 4 - Gen Notes & Details March 29, 1991 2 July 1991 3 of 4 - Plan and Profile NE - 1 July 1991 1st Avenue 4 of 4 - Geornetrics - 1 July 1991 ,.. ""1 · . .. JUL-12-91 FRI 11:53 STINSON-HEAD INC. FAX NO. 4073686665 P.04 : ATTACJDŒNT #1 " COST OF GENERA~ CONDITIONS P~R DAY 'j. , project; Road and utility Improvements at N.!. 1st Avenue and N.B. 1st street for city of Delr~y Beach, Florida 1. Miscellaneous Expense: $ 300.00 .;. 30 days ... $ 10.00/Day 2. Supervision (See attached pages ¡ and 2) Job Superintendent: $ 226.64 .;. 2 ... $113.32/Day 3. Temporary ~oilet: I;;. " $ 2.5QLDay $ , 75.00 -7 30 days ... Subtotal $125.82/Day stinson-Head, Ino. Overhead and. Profit .075% $ 0.00 I Total CQst Per Day .... $125.82 - .... _ 1 " JUL-12-91 FRI 11:54 STINSON-HEAD INC, FAX NO. 4073686665 P.05 WAGE SCHEÐ~~B AS PER THE AGREEMENT BETW~EN .' OWNER AND STINSON-HEAD, INC. . project: Road and Utility Improvements at N.E. 1st Avenue and N.E. 1st street for City of Ðelray Beach, Flori4a Superinte.nde.nt: Weekly Wage $1,100.00 Labor Burden A. 14 .76% B. 11. 77% D. B.66% I 35.19% x $1,100.00 = ¡ $ 387.04 4 F. .~~~, ;;:;; $ 99.39 Total Per Week $1,586.48 Total Per Day $ 226.64 Not.e; See L~bor Burden Breakdown on page 2. ,.- "I JUL-12-91 FRI 11:54 STINSON-HEAD INC. FAX NO, 4073686665 p, 06 LABOR BURDEN BREAKDOWN . ~ 1\. Burden - All employees FICA $ 7.65 General Liability $ 6.56 Federal Unemployment (average) $ 0.12 state unemployment (average) $ Ot43 $ 14.76 B. Added Burden - Salaried Employees Vacat,ion $ 5.77 Health Insurance (average) $ 6.00 $ 11. 77 C. Worker's Compensation ~ Carpenter, taÞorer (5403) $ 22.70 D. Wo~ker's Cornpensation~~ Project Manager, Superintendent (5606) $ 8.66 E. Worker's Compensation - Clerioal (8810) $ 0.59 F. Auto - $5,168.00 t 52 Weeks $ 99.39 I ,. -, : " JUL-12-91 FRI 11:54 STINSON-HEAD INC. FAX NO, 4073686665 P, 07 EXHIBIT #2 . .' LINE ITEM SREAKDOWN Projeot: Road and utility Improvements at N.E. 1st Avenue and N.~. 1st street for city of Delray &eaoh, Florida 1. General Conditions: a. Miscellaneous Expenses, Supervision (one-half time) and Temporary Toilet. Note: See Attachment #1, Cost of General Conditions Per Day. Eighty-Four (84) Days x $125.82 "'" $ 10,569.00 b. Trash Removal = $ 440.00 c. Final Cleanup Closeout == $ 560.00 Sub-Tota 1 . ¡'~""., $ 11,569.00 '" :2 . site Work; a. Demolition and removal of existing pavement, curb, and sidewalk. <= $ 6,580.00 b. stabilization, subgrade, lime stone base, curb and gutter, traffic striping and signage. ; $ 43,980.00 c. Layout, testing and as-builts.= $ 4,000.00 d. Landscape and Irrigation restoration and new Landsoape and Irrigation Allowance. ;¡¡ .s 5,000.00 Sub-Total $ 59,560.00 :3 . Concrete Work: a. Replace two (2) 8 x 8 Coral stone pads including Brick Pavers after removal of existing for new Sewer Work on Old School Square proper~y.~ $ J..,525.00 r- ..., " JUL-12~81 FRI 11:55 STINSON-HEAD INC. FAX NO. 4073686665 P, 08 Exhibit #2 Line Item BrG~kdown Page 2 " ';. b. Replace Brick Pavers after curbing is removed at N.E. corner of Old School Square. \ No~e: Brick Pavers to align with e~istin9 location and neW open area will be landscaped. See Landscape Allowance. =' $ 350.00 c. Plac. approxi~ately 3545 SF of 4" thick concrete sidewalk with 'two (2) ramps, along East side of NE 1st Avenue. "" $ 6.204.00 Sub-Total $ 8,079.00 4 . site utilities: a. storm drainage =- $19,648.00 b. Sanitary sewer, including traffic control and 'Patch work to city specifications. ... $27,140.00 c. Water distribution, including related asphalt patch work as required along NE 1st street. ... $58,805.00 SUb-Total $105,593.00 5. Insurance: a. Liability Insurance - $184,801.00 x .006% ... $ 1,109.00 Sub-Total $ 1,109.00 6. Overhead and Profit: a. $185,910.00 x 7 1/2% ... $13,943.25 Sub-Total $ 13,9~3..25. 'rOTAt. $199,853.25 r- --' , · , JUL-12~91 FRI 11:55 STINSON-HEAD INC. FAX NO, 4073686665 p, 09 Exhibit #2 Line Item Breakdown Page 3 " .' ., Note: See attached proposal and breakdown from CSR Heavy Construction, I Inc., datéd July 11, 1991, for explanations and unit prices on certain items mentioned above. Note: Some items excluded in CSR Heavy Construction, Inc. proposal have been included in the afore listed Line Item Breakdown. :~ .It.,....., ~ - , , . JUL-12-91 FRI 11:56 STINSON-HEAD INO, FAX NO. 4073686665 P, 10 ~rom : CSR HEAVY CONST.Inc, FAX NO. 3BS-421-16a1 Jul. 11. 1991 11:47 AM pat . . . . ~ .. ~. · C~FI' HEAVY CONS RUCTlON ., IN I .. P.O. e X 179 Of:ERFIELD . FL. 33441 PHON! (SO ) 421·1264 . I Ju,"y 11, 1991 Tor Stinso~-Bead Inc. Ätt.t Jinl Heed 1lei 01.1:) SCHOOL SQUW - 11rILl'nES . PAVING De1),"~y BeAcD. FL Jim: We submit tnen prices, aa per plan~ by Walte; Cornuall Inc.. for the ßbova named projactl I QTY \IlK U/I'RICß PAVING' ., '~ " " Peroo11t1óû 6 ~amoval of existing pavement, curb & I ddewalk 1 L.S. - 6,580.00 'J:O~A~ 6,S80.00 Stabilized 8uÞgrad~ '201) Sï 1.50 4,800.00 811 li~\lerock ba8-11 1~" asphB1t 2~tÒ S"i 9.2S 2.7,010.00 880 1.f. tYþG F curb & gut:t.er 880 LP 9.00 7,nO.OO Traffic striping & øtgnase 1 LS - 4,250.00 1-otM., 43,980.00 6T()~ DRAINe Typ. C catch ba$in 40 8 EA 1,0'0.00 8,400.00 lS" RCl> 592 tl' 19.00 11,248.00 'EOTAL 19,648.00 SAAITARI SEWERS Ø'-6r 8U'$D'R 35 490 t'P 16.00 7,840.00 0...6 6" 91)1\ 35 100 LV 14.00 1,400.00 0'-6' manhole w/çov~r 2 BA 1.500.00 3)000.00 6'-8' mðnbole w/~oytr 1 EA 2,000.00 2.000.00 " . JUL-12-91 FRI 11:58. STINSON-HEAD INC. FAX NO, 4073686685 P,ll F~om : C5R HEAVY CONST. Ino. FAX ND. 3ßS-421-16a1 J\.ll. 11. 1991 11: 47 AM PØ2 ~ ; " .. QTY. U/M U/PRICE SANITARY SEWER CONti \ CO~1.I\(:c::t to ~x;Lsting 4 EA. 500.00 2jOOO.OO ReCQnnect l~te~~ls 14 M 350.00 4j900.00 Tr~ffi~ ~ontrol & patchwork to ~1ty specs. 1 LS - 6,000.00 . 'J:OTAl. 27,1'.0,00 HATER DlS'1'RIBU'rIONI an CL S2 DIP 1050 IIF 2S.S0 ~6,77~.OO 10 x a tapping sleeve & va.1ve 1 EA 3,800.00 3,800.00 F1re hydrant asumblYII 2 EA 2,200.00 4,400.00 Connect to eX~&t!n8 1 RA 500.00 500.00 N~W watðr Be~v1ces 4 Ec\ 1,500.00 6,000.00 Sa~ple PIS off main 5 E'A 300.00 1,500.00 TOTAL 43â75.00 Asphalt patchWOtK tQf wAt~rma~1: /~ . " -All apphalt patch~ork along Nß let Street as per city details includinl) 16" 1..1\ ~"U., 2" Asphâlt I r~pl~ccment of traffic signalization eenÐo~t & all the~op1«6ti~ m~rkingB damaged by construction. Pri~e also includes neCOSBQr,y bß~ricadeß & traffic con~rol e~tludas repla~emant of sidowalk. 1 LS . 15,830.00 Lîiyout, testing Q·'SS"'DUllt& 1 t.s 4,000.00 v" NO SIDEWALKS Ok LANX)SCAP.ING INCJ.UDßD ¡:?u~/~:r--f" :?I~/ SUMMA'at I DEMOLITION: 61580.00 . Ø4)'"~ ~ ~ &-~ '~AV¡NG; 43,980,00 ~I' .-.;( ~6 ·stO~ baAIN I 19.648,00 & 'SANITA1W SWim: 21,140.00 tI,?11?""'~ J;k'#/.+' :, /.:r~- 'WATBlt DIS'l'nIB t .!t2~ DJØ. 00 ,; b ~Þ"/"'3 .. ~ fT .c,.-,G A$ptiAl,1.t 'fAT¢l1~OR.K¡ 15,830.00 ~.fj 'LAYOUTs AS-BUILt'S ~ /S( ~<~. &I 'r}!;STING: 4,000.00 ~b \ TOTAL ~~O' \ EXC~USIONSt ~ermit fees. inspection fees, any bQnds, cost of eny backf1111nS, grading O~ r.egradin& caused by othate. This bid may ba ~lthdrawn within $0 day,. Th~nk you for al1o~ing CSR Heavy Construction Inc. the op?ort~n~ty of bidding this proj.." Pl.... cont..t. u. with GUY que.t!o.. rcsarding tbe .b~i~~.~ . . -JUL-12-91 FRI 11:57 STINSON-HEAD INC, FAX NO, 4073686665 p, 12 EXHIBIT #3 " " " QUALIFICATIONS TO PROPOSAL . I Roað and utility Improvements at N.B. Project: 1st Avenue and N.E. 1st Street for city of Delray Beach, Florida. 1. Excludes backflow preventors. 2. Includes an allowancQ of $5,000.00 for Landscape and Irrig&tion restoration and new Landscape and Irrigation. Includes fill materials and grading. 3 . Excludes steel reinforcement in concrete sidewalks, pads and ramps. 4. Excludes cost of permit. 5. Excludes relocation or removal of existing utilities not specifically shown on plans. " i",,·., 6. Includes one (1) mòbilization with continuous operation. Additional mobilizations will be made for the sum of $2,500.00 each. 7 . Excludes Performanoe Bond. 6. Includes 15" RCP in lieu of 12/1 RCP. 9. Unit :cost for additional 4" thìck concrete sidewalk is $1. 75 per S. f. 110. Excludes Builders Risk Insurance. Insurance to be provided by City o~ Delray Beach. 11. Assume that open areas between removed existing curbing and new curbing is to be; landscaped. 12. Assumed that new sidewalks and ramps to be "broom finished" concrete. 13. Excludes inspection fees. r- 1.1'11\ · ~ , 11EMOI\ANDUM TO: ~ark G.:=thriel. P. E. A:õ:'>t. Dir. of En7ir(.l1IT18ntal Serv JC85 /C i t.y Eng i ne,."r FHOM: Greg Lutt.rell Cd\.E7- Traffic Engineer DATE: February 1, 1991 SURJECT: ()LD SCHOOL SQUARE PARKING ON N.E. 1ST AVENUE TRAFFIC ENGINEER REPORT We have examined the proposed on- 5 t.reet parl,ing a l':,ng N. F.. 1st Avenue in conjunction with the Old Sc huu 1 Square Project. Discussed below are traffic issues relative to this parking, followed by three recommended actions. ISSUES: 1. The use of a public street for private property use should be avoided. The 1989 F.D.O.T. Manual of Uniform Minimum Stªndard:=; ÍQr Design, Constructi0n. and Maintenance of 8. l' p. e t s ÇilliJ. Highways (Green Book) states that "the use of a st.reet. ~_1 .r highway as an integral part. of the intern.?!l c ire u1 a t. i (, n pattern on private property should be prohibited" ( g f'::~ C t. i-, n 11-4). Also, that '+ is essential in commercial areas t.o lu provide adequate off-~trpet parking. Public rights of way must be reserved for the safe passage of vehi.:::le:::. and not serve as a part of the adjacent development. 2. Sight distances leading to the signal at Atlantic Avenue and the stop sign at N.E. 1st Street must be kept clear. The second sight distance issue deals with a drivers need to be able to see and react to both traffic control devices (s ignals, signs and markings) and the road environment and other vehicles. The driver needs to be able to see and react to traffic control devices, specifically signals and oS top s ign.s . On a level surface the minimum driver reaction distance is over 110 feet. If distractions such as parked cars are in this distance preceding a stop sign or signal, the driver may not react correctly. This could re.s ul t. in accidents. 3. Sight distance triangles at all intersections must be kept clear. tJb t:, · street who-~; functi()n 1'" to flow traffic. Finally, a ...J vehicle attempting to turn into a perpendicular parking space to the right, requires minimum of t,en feet frcno the passenger side of t,he car t.o the back edge of the s pac'~ . This means that. t.he vehicle (car, trucks require much greater areas) would cross the street centerline during its parking maneuver. This is .3n unsafe and possibly U },,·gal maneuver, which must be avoided. 7. On-street parking will be available to use by anyone. This could lead to a situation where the necessary parking capacity is not available to the Old School Square sjte. In .5 ummal'y , on-street parking should be avoided. If allowed .such as in this case, its houlc1 be parallel parld Hß only. This parallel parking must remain outside of the rerluired sight areas. Failure to create and maintain these required sight areas could result in accidents and related liability to the City. This will allow traveling vehicles to safely maneuver the roadway. If the perpendicular parking spaces are allowed to be completed, the appropriate option below should be implemented. RECOMMENDATIONS: The Old School Square Project, as is being constructed, creates a unique opportunity to the City and downtown area. As previously stated, this perpendicular parking will create many hazardous (and possibly libel) situations if allowed to remain. One option would be to remove this parking and only allow ullly parallel spaces meeting proper design requirements. This would also require major recons truct.ion of the new curbing. The second option is for an off-site parcel to be developed iHto a surface parking lot. Property exists west of Swinton Avenue, between Old School Square and City Hall, which would be appropriate. If a lot were developed in this area, it would serve to visually and physically connect City Hall to the Atlantic Avenue corridor and downtown. The number of parlÜng spaces which could be developed would depend on t.he amount of land acquired. The third option is to close N.E. 1st Avenue to th.!.'u traffic. Closure of N.E. 1st Street at Atlantic Avenue would likely cause little disruption into the downtown traffic patterns. This closure would allow the remaining signalized three leg intersection at S.E. 1st St.reet and Atlantic Avenue to operate more efficiently. As long as tbe newly created parking aisle remained in public ownership, no access rights would be severed. Access to the properties on the east side of the street would be changed to allow a muel! MEMORANDUM TO: FROM: SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 25 1990 DECADE OF EXCELLE CE BOND EXPENDITURE DATE: September 21, 1990 This matter is being brought before the Commission because of a possible conflict between the use of Decade of Excellence Bond proceeds and the Comprehensive Plan with regard to providing a parking area for Old School Square. Since the language in the Comprehensive Plan is deemed to be more restrictive than that of the Bond Program, it is necessary that a formal interpretation of the Plan be made. The Decade of Excellence Bond language includes a provision to provide off site parking facilities as part of the historical renovation and restoration of the Old Delray Beach Elementary School, and estimates the entire project cost at $5.2 million with additional funding coming from private donations and state grants. The Comprehensive Plan's Land Use Element policies call for acquisition of the land between Old School Square and City Hall for the· purpose of linking the two facilities and for providing overflow parking for City Hall and general parking for Old School Square. The inconsistency was created when the Bond language was drafted and reorganized into ballot questions. The $1.5 million "redevelopment seed money" was allocated to several project, one of which was to provide off site parking facilities for Old School Square. The Bond Counsel and City Attorney have reviewed this matter and found that there is no problem in allocating Bond funding from $2.1 million allocated for the entire Old School Square project for the purpose of providing a parking facility for that facility. The Planning and Zoning Board at their September 17th meeting discussed this item and rendered a formal determination (5-0 vote Currie and Krall abstaining due to potential conflicts). Based upon testimony, review of the Staff Report, and review of the applicable Comprehensive Plan sections, the Planning and Zoning Board determined that the Love property did not need to be acquired at this time but that a future determination of the need to acquire it should be assessed in Plan Amendment 90-1 given changes in circumstances which have occurred since the writing of the Plan¡ and, that there be no restrictions on the amount of funding allocated to off site parking provided that there be no further demands from Old School Square for additional City participation to provide additional parking. Recommend that the Commission concur with the interpretation of the Comprehensive Plan as presented by the Planning and Zoning Board. 9 G C I T Y COM MIS S ION DOC U MEN TAT ION TO: RYL LEVERETT, ADMINISTRATIVE ASSISTANT III FROM: ZONING SUBJECT: MEETING OF SEPTEMBER 25, 1990 DETERMINATION REGARDING OLD SCHOOL SQUARE AND COMPLIANCE WITH THE COMPREHENSIVE PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of making a formal determination of consistency with the Comprehensive Plan with regard to the funding of off-site parking improvements. BACKGROUND: The specific reason for this matter coming before the Commission is because of the possibility of a conflict between the desired use of Decade of Excellence Bond proceeds and the Comprehensive Plan. Since the language of the Plan may be deemed more restrictive than the language of the Bond Program, it is necessary that a formal interpretation of the Plan be made. The general purpose for making formal interpretations, or determinations, relative to the Plan is to: 1) assure that the Plan is being implemented per the intent of the City Commission; and 2) to protect a project against a claim, by others, that it (the project) is being carried-out in a manner inconsistent with the Plan. Please refer to the Planning and Zoning Staff Report in which specific provisions of the Comprehensive Plan ~r~ cited along with the text of the Bond Program. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed this item in a work session held on September 14th and then made a formal determination at its meeting of September 17th. .~¡:-,~' p' ·"',i)/r;··. ~.-._-...... [I" DF DELAR' BERtll-_~",- _ ( , , \, \ J I ,'~" - - . . -,.1. - ..... k CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483 407/243· 7090 TELECOPIER 407/278-4755 MEMORANDUM Date: September 14, 1990 To: Robert A. Barcinski, Assistant City Manager From: Jeffrey S. Kurtz, City Attorney .- Subject: Old School Square Parking As Steve Sanford has indicated with respect to the use of Bond monies for old School Square parking facilities, there is no problem in allocating around $500,000 from the bond issue for that expenditure. In fact, the Bond language would allow more or less monies to be spent on that project. As to the Comprehensive Plan, the only reference to the Love property that I am aware of is that found on Page IV-9 in the description of the Redevelopment Seed Money. I think the intent ~that language was not necessarily to acquire the Love property but to provide parking to accommodate Old School Square and City Hall needs. Once again, I did not see the specific allocation of $500,000 to that aspect of the project but do recall that in fact being the figure used when dis- cussing the project. I would concur with the rest of David Kovacs thoughts on the matter as expressed in his August 20 memo to you. JSK:sh cc: David J. Kovacs, Director of Planning and Zoning David M. Huddleston, Director of Finance ~re;~~amEID) ~£P 17 1990 PLANNING &ZONING .~ .J ~ I P&Z Staff Report Plan Interpretation Re Funding for Old School Square Page 2 2. The second is on the Future Land Use Map which shows the referenced property under the Community Facilities designation. 3. The third reference is in the description of the Decade of Excellence Bond program wherein $2.1 million is allocated for Old School Square (without reference to parking facilities); and $1.5 is allocated as "redevelopment seed money" which included activity at Spady School, Pineapple Grove, and purchase of the It Love Property It for parking purposes. 4. The fourth reference is in the Five Year Schedule of Improvements wherein $2.1 million was allocated to Old School Square and $1.0 million was allocated to ItCBD parking /Improvementslt. The above inconsistency arose when the Bond language was drafted and reorganized into ballot Itquestionslt. The $1.5 million of It redevelopment seed moneylt was allocated with $500,000 to Spady School; $500,000 to the Old School Square Area of Pineapple Grove; and the balance ($500,000) to Old School Square along with the addition of the phrase Itoff site parking facilities It. Bond Counsel and the City Attorney interpret the language to allow any amount of the $2.6 million allocated to Old School Square to be used for the purposes stated within the project description. Thus, under the Bond language the $500,000 need not be allocated to off-street parking, provided that some of the $2.6 million is thus allocated. THE ISSUES: The issues which the Board must consider in interpreting the Plan and stating a position regarding allocation of the funding per Mr. Schneider's request are as follows: A. Was the Decade of Excellence the only source from which funding for the acquisition of the Love Property and its alteration into a parking facility may (or must) be obtained? Position: While the Love Property is described as a site to be purchased for parking purposes, there was not discussion of alternative sites or alternative methods of providing off-site parking when the Plan was drafted. It may have been more prudent to have not been site specific in the Plants text; however, what is clear is that off-site parking is necessary and that the Love Property represented one alternative. Thus, while acquisition of the Love Property remains a policy objective of the Plan, a strict literal interpretation of the description in Part IV should not be made. · P&Z Staff Report Plan Interpretation Re Funding for Old School Square Page 4 3. That the Love Property need not be acquired at this time but that a future determination of the need to acquire be reassessed in Plan Amendment 91-1 given changes in circumstance which have occurred since the writing of the Plan; and that there be no restrictions on the amount of funding allocated to off site parking provided that there be no further demands from Old School Square, Inc. for additional participation from the City in the provision of more parking. RECOMMENDED ACTION: Based upon the consensus of the Board expressed at the September 14, 1990, worksession and if a statement is provided by Old School Square, I nc . , that they consider their proposed allocation of the $2.6 million from the Decade of Excellence Bond Program to satisfy municipal obligations relative to providing off-site parking for Old School Square needs, it is recommended that the Board make a finding pursuant to alternative action 13, above. The Boardts action should be by motion in the form of a recommendation to the City Commission. REF/DJK/D'S/OSSMONEY.TXT · 9.Q. Decade of Excellence Bond Expenditure. The Commission is to consider consistency with the Comprehensive Plan of using the De cade of Excellence Bond Issue to fund the proposed Old School Square Parking area. Ms. McCarty moved approval of the finding of consistency with the Comprehensive Plan with regard to the spending of the Decade of Excellence bond money, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.R. Appointments to the Neighborhoods Task Force. The Commission is to consider appointments of additional members to the Neighborhoods Task Force, one to represent Area "H", located south of the Central Business District, north of S. W. 10th Street, between FEC Railway and Federal Highway; a member to represent the Haitian community; and a member to represent Area "L" to replace a member who has failed to participate. Dr. Alperin moved to appoint Alice Williams to the Neighbor- hoods Task Force, Area L , seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved to appoint Gene White to the Neighborhoods Task Force, Area H, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to appoint Dr. Pierre Cadet to the Neighbor- hoods Task Force, Haitian Community, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Ma yor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.S. Emergency Waiver of Bid Requirements and Award of Bid. The Commission is to declare an emergency and waive bid requirements to permit award of a bid for lighting improvements at the Miller Park ball field. Approval is recommended. The City Manager stated two bids were received, one from Musco Lighting and one from Hunter and Epshield. Thompson and Associates helped evaluate the bids .and they have found Hunter and Epshield's bid does not meet bid specifications. Mr. Andrews moved for approval of the emergency waiver of bid requirements, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -20- 9/25/90 . I . The book titled, Trans PO l' téì.:ki.2IL-ª..f.lçL..L and Deve 10))[(len t, states that "there must be an unobstruct.en view in both directions on all approaches at an intersection " (page 121) . By definition, this includes all driveway intersections as well as streets and alleys. The City uses the F. D.O. T. sight. distance criteria contained in the Gr8en Bool\:. Specifically, no parking may b8 allowed for 60' downstream and 85" ups t,ream of an intersection or dr i vero1ay (F.D.O.T. standard index 17358) . By creating and maintaining ,::,1831' sight triangles, a driver may safely ent,el' 3. street from either another street or drive. 4. Perpendicular on-street parking creates a situation not normally encountered when traveling a street; but, is appropriate for parking lot aisles. If a driver is traveling a street attempting t.o get from here to there a vehicle backing out of a parking space may go un- not, iced . This will be espec ially tr¡¡e if the driver f~annclt see the backing vehicle from an adequat.e distance (see above) and must t:'i t.her swerve off of the road, swerve into the oncoming travel lane or strike the parking v8hicle. The driver is required to set:', comprehend and react to many things, especially in our urban environment. The addition of on-street parking greatly increases the likelihood of driver overload. 5. Vehicles turning onto N. E. 1st Avenue must have enough clear road to become fully aware of the streetscape. Turning vehicles are particularly vulnerable t,o incorrect actions. ~~hen turning, a driver is not fully cognizant of the roadway until the turn has been fully completed (se~ Transportation and Land Df"veloProent) . The Federal Highway Administration (U.S. D. O. T. recommends a minimum downstream driving clearance of 120 feet (Access Management and Traffjc Analvsis of Highwavs). This means that a tU.t'ning driver is not able to safely comprehend the roadway envj.ronment and the possibility of other maneuvering vehicles, unt,il they have traveled over 120 feet away from the intersection. 6. The proposed on-street perpendicular parking requires drivers to make dangerous and sometimes illegal maneuvers. First, a driver attempting to leave a perpendicular space must back out (with very limited sight distance) onto the street. Backing down a ::; treeJ... is an undesirable action. Second, a driver may be prone to sit in the traveled l-:me waiting for another vehicle to leave a parking space. This is acceptable in a parking aisle where driver speeds are low and they expect such actions. This is not acceptable on a . . safer road operation, which is well within our legal access rights. Vehicular traffic would greatly benefit from this action. Pedestrian traffic would also be enhanced. The closure could be accomplished by connecting the aesthetic brick s id(~walb:; on t.he nortJ-l !::;ide of Atlantic Avenue. Plant.ings would serve to vi.s ually link the area east and west, as well as providing a visuéll warning to rnot.orists that the street no longer connects to Atlantic Avenue. This area would be designed to allow emergency vehicle access. This option would create a pleasant, safe parking area directly adjacent to the downt.own core. The present situation currently being completed will create a dangerous situation and must be ac·ted upon. The options outlined above may be used alone or together to achieve a safe, efficient, and pleasant final product. GL:mc cc: William H. Greenwood File: GLEGPR02.MRC/Interoffice Memo to Mark Gabriel, P. E. , Asst. Dir. of Environmental Services/City Engineer · City Commission Documentation Meeting of September 25, 1990 Determination Regarding Old School Square and Compliance with the Comprehensive Plan Page 2 Mr. Larry Schneider, representing the Old School Square project, provided testimony that the Old School Square Board felt that the off-site parking bel~rovided along N.E. 1st Avenue was sufficient to meet immediate needs of the Project and that it met the obligations of the City with respect to the Comprehensive Plan and the Bond Program. Based upon that testimony and its review of the Staff Report and applicable portions of the Plan, the Planning and Zoning Board determined, on a 5-0 vote (Currie and Krall abstaining due to potential conflicts), that the Love Property need not be acquired at this time but that a future determination of the need to acquire ~ b( assessed in Plan Amendment 90-1 given changes in circumstance which have occurred since the writing of the Plan; and, that there be no restrictions on the amount of funding allocated to off-site parking provided that there be no further demands from Old School Square for additional participation from the City in the provision of more parking. RECOMMENDED ACTION: By motion, concur in the interpretation of the Comprehensive Plan as presented by the Planning and Zoning Board. Attachment: * P&Z Staff Report of September 17, 1990 DJK/#69/CCOSS.TXT PLAlOIIBG AIm ZOBIBG BOARD IIEIIORAImUII STAFF REPORT TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH C~2J ~&V~~ ,~ ..- FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: AGEImA I'l'EII V. A - REGULAR IŒE'I'IIIG OF SEPTEMBER 17, 1990 PLAII Itrl'ERPRETATIOR RE nnmIIIG FOR OW SCHOOL SQUARE ITEM BEFORE THE BOARD: The item before the Board is that of providing an interpretation of the Comprehensive Plan as it pertains to the allocation of funds for parking improvements associated with Old Sçhool Square. SITUATION: By letter of August 31, 1990, Larry Schneider, Architect for Phase II of the Old School Square project, requested modification of the Comprehensive Plan in order to clarify the manner in which Decade of Excellence General Obligation Bond funds are to be allocated relative to Old School Square. The Decade of Excellence Bond language provided as follows: "This is a historical renovation and restoration project of the 1926 school building and gymnasium at the Old Delray Beach Elementary School site. Project includes roof replacement, installation of a central air conditioning system, installation of new windows, electrical and lighting system replacement, removal and replacement of various wall treatments and painting of the facility. Also included will be landscaping, construction of the walkways, fountain, outside exhibit areas, and off site parking facilities. Total project cost is estimated at $5.2 million with additional funding to come from private donations and state grants." The Comprehensive Plan addresses the subject in four instances. These are as follows: 1. The first is in the Land Use Element policies where there is a policy calling for the acquisition of land between Old School Square and City Hall for the purpose of linking the two facilities and for providing overflow parking for City Hall and general parking for Old School Square. ""t P&Z staff Report Plan Interpretation Re Funding for Old School Square Page 3 B. Is the parking being provided for Old School Square sufficient to meet its needs, at least to the point that the City shall not be held accountable or responsible for providing additional funding for more parking which shall accommodate the Old School Square Project? Position: Old School Square, Inc. should go on record that their $2.6 million allocation is to accommodate their parking needs and that their current construction plan satisfies those needs. If such a statement is made, the City should not continue to be responsible for funding additional parking needs. If such a position is not taken by Old School Square, I nc . , it may be appropriate to insure that adequate parking is provided during Phase II construction. C. Given the situation wherein additional parking is being provided along N.W. 1st Avenue, is it still appropriate that the Comprehensive Plan call for additional parking east of Swinton Avenue? Position: This issue should be the focus of a Plan Amendment. If it is determined that the "linkage" between Old School Square and City Hall is diminished in importance and that additional "overflow" parking is not required for City Hall, then the designation should be lifted and a different designation placed on the property. If it is determined that the "linkage" should remain, then it will be necessary to identi fy a funding source for acquisition and development and assign a time frame fo so doing. Thus, this item should be included as one of the topics addressed in Plan Amendment 91-1 which is to be initiated in the' Spring (March?) of 1991. Thus, the Planning and Zoning Board in consideration of the above and in consideration of information provide during the worksession of September 14, 1990, needs to make an interpretation of Plan as it pertains to the allocation of funding in the Decade of Excellence Bond Program in light of the Comprehensive Plan. In summary, the alternative positions are: 1. That a portion of the funding must go toward acquisition of the Love Property with or without actual construction of parking facilities thereon. 2. That while the Love Property does not need to be acquired at this time, sufficient funding must be allocated toward off site parking in order to provide for new parking spaces equivalent to that which would be provided on the Love Property. · . '" - (5) Discussion/direction relative to Flea Markets and Indoor multi-tenant retail uses (old Ames/Zayres site). Consensus: Against Itflea market It concept. Direction to staff to proceed with preparation of code amendments to regulate; one approach would be to regulate v~a the conditional use process; other possibilities: address parking issue; create additional language to define multi-tenant uses; strict criteria on interior design; proportional kind of thing; basically, whatever it takes to regulate, Commission will support ('~/ . [tC 1 CITY COMMISSION WORK SESSION DOCUMENTATION SUBJECT: FLEA MARKETS AND INDOOR MULTI-TENANT RETAIL USES MEETING DATE: JULY 16, 1991 PREPARED BY: DAVID J. KOVACS, DIRECTOR OF PLANNIN~ BACKGROUND: At the last few Commission meetings, members have raised questions about the possibility of a "flea market" being established in the former Ames building. It was directed that discussion of the subject be placed on this work session agenda. In preparation of this discussion, members were to visit the Delray Indoor Flea Market which is located on Atlantic Avenue, west of Military Trail. With respect to the proposed use in the Ames' building, please see my memo of July 5th which describes that proposed use. ASSESSMENT: Under our current regulations a "flea market" can be established in the GC and PC zone districts as a conditional use. Since there is not a definition of "flea market" in our code, a standard dictionary definition would be used: to wit; "A market, usually in the open air, selling antiques, used household goods, and curios." Given the definition of "flea market" and the conduct of the business as described in my memorandum of July 5th, it is concluded that the proposed use is not a flea market and it will be able to be established upon the construction complying with building codes and with each merchandiser obtaining an occupational license. A representative of the Ames building proposal will be present at the work session. DIRECTION: If the City Commission desires that the Administration prepare code amendments which would regulate multi-tenant indoor retail operations direction to that effect should be given along with identification of the type of items for which standards should be ascribed. Attachments: * Kovacs memo of July 5, 1991 * newspaper advertisement DJK/#84/CCFLEA.TXT UJSf S PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: CW~~Jf.U~R DEPARTMENT OF PLANNING AND ZONING DATE: JULY 5, 1991 SUBJECT: BAZAAR / MERCHANDISE MART --- AMES STORE Per your request, the following is an account of our meeting representatives of the proposed Bazaar / Merchandise Mart which is to be established in the former AMES Building. Fred Shaprio and Bernie Seigel met with Jerry Sanzone, Chief Building Official; . Susan Ruby, Assistant City Attorney; and myself. The proposed use will be similar to that which currently exists on Atlantic Avenue, west of Military Trail. These individuals (Bazaar Merchandise Mart) currently operate The Bazaar which is located at the southwest corner of Oakland Park and 31st Avenue in Fort Lauderdale. The proposed (Ames) operation will be the same as The Bazaar. The use involves the sale of merchandise at retail. Sale of second-hand goods is not allowed. Sales are by individual merchants from ttcompartmentalizedtt space. The spaces are leased on an annual basis. Attached is a copy of a standard lease agreement and rules & regulations. The compartmentalized spaces are approximately 110 to 124 square feet in area. Often more than one space is used by a merchant. It is anticipated that of the approximately 282 spaces to be established in the former Ames building, there will be approximately 150 merchants. Each of the spaces has its own security. Each merchant operates independently and thus would each have an individual business (occupational) license. The annual turnover rate in established bazaars operated by this group is stated to be less than ten percent (10%). We informed Mr. Shapiro and Siegal that the subject of bazaar / merchandise mart operations will be before the City Commission in worksession on Tuesday, July 16th. As discussed at the last City Commission meeting, it is important that City Commissioners visit the facility on West Atlantic prior to discussion of the subject. DJK/cm Attachment c: Susan Ruby Jerry Sanzone BAZAAR III, INC. ..' DIBIA BAZAAR MERCHANDISE MART 14450 MILITARY TRAIL DELRA Y BEACH, A..ORIDA 33445 LEASE NAME TELEPHONE ( ) ADDRESS MERCHANDISE OCCUPATIONAL FEE $ MAINTENANCE FEE $ ADVERTISING $ RENT $ BOOTH' TERM OF LEASE The Bazaar will be open of! the lollowing days: Wednesday (10am-6pm), Thursday (10am-Gpm), -- Friday (10am-9pm), Saturday (10am·gpm), and Sunday (1 Oam-6pm) , plus certain holidays and selling days. landlord shall have the righI, at its sole discretion, to increase or decrease the days and/or hours that the Bazaar will be open. - In consideration 01 the Rent Paid, subject to an annual increase, which is due on the 20th day 01 every monlh lor the following month, by the Tenant 10 the Landlord, the landlord allows the Tenant to use the above Area lor the purpose 01 selling the above Type 01 Merchandise, under the following conditions: that the Tenant will 1) Remain open during the Hours and Times the Bazaar is open 2) Maintain its area in a neat and clean condition, 3) Stock merchandise no more than eight feet above floor in center booths, 4) Comply with all applicable laws, govemment regulations and ordinances, inclucfang, but not limited to Fire Dept. regulations, 5) Comply with rules and regulations stipulated by the Landlord lrom time to time, 6) Create no nuisance, noise disturbance or break any laws. The Tenant agrees that the Landlord may terminate this Lease upon five days written notice to the / Tenant, lor just cause and/or violarions 01 our rules & regulations, upon the relum 10 the Tenant the pro- rated Rent Paid lor the unused Time; the Landlord agrees that the Tenant may terminate this Lease at any time with a five day written nolice. II Lease is terminated by either party, the Tenant hereby assigns to the landlord all merchandise and fixtures, it Rent is owed to Landlord. The Tenantlurther agrees to Immediately cease all sales and activities and remove hislher person, merchandise and property at the expiration 01 time or termination 01 Time by landlord; the Tenant agrees that the Landlord Shall not be .) liable lor damages or loss 01 merchandise property, and that any merchandise or property not removed by Tenanl wilhin 24 hours 01 expiration or lermination 01 Time shall be considered as abandoned by Tenant and landlord can dispose 01 the merchandise and property at the cost and expense 01 Tenant. Tenant agrees that there is no partnership, joint venture, or relationship created other than one 01 Landlord and Tenant and that the Landlord is not Bailee and/or Insurer to the tenant lor any loss of merchandise or property whatsoever, including, but not limited 10, loss because of thelt. lire to building and/or Tenant's merchandise, water damage or any other event, and the landlord is not liable nor responsible lor any loss in any way to the Tenant's person, for any reason whatsoever, and this shall include hisiher employees, customers, and/or any other person at the location interested in Ihe Tenant or its business. Tenant shall have the right to obtain insurance coverage for lire, liability, and any other type of insurance available, and it the Tenant obtains such insurance coverage, the policy will name the Landlord as additionally insured. ./" Tenant agrees Ihat he cannot assign, sell, or in any way 'ransler this lease to anyone else without / permission lrom the Landlord and which such permission will not be unreasonably withheld. Tenant t agrees that it the Area is not prepared to Service customers within 15 minutes otthe above Hours, Tenant '-. shalllorfeit his right to open Business that day with no rebate of the Fee Paid. The Tenant agrees that it the landlord hires, retains, license assigns. or in any way has another person or entity manage and/or operate the Bazaar, the Tenant agrees that all of Landlord's rights under this lease shall run to the person or entity, and that person or entity shan step in the shoes of the Landlord with regard 10 all terms ollhis Lease. Tenant's unloading and parking 01 its vehicle shall be regulated by the Landlord and any violation of these regulations will cause the landlord to cancel this Lease with the Tenant. The Tenant agrees that no electrical or plurrbing work is to be done without proper permits being issued and copies delivered to the Landlord, and work performance wiN be done by duly licensed contractors. Tenant will deliver to the Landlord Waivers 01 Mechanics' Liens prior to commencing work. f The Tenant agrees that no paint spraying or lIammable materials can be used in the rental area. The Tenant selling lood must maintain the valid permits necessary for food vending and maintain and service, according to local code, the grease exhaust and Ansel system lood vendors must maintain a valid contract with the exterminator. The Tenant agrees that the above is the Co~lele lease and Ihe Tenant Consents 10 and Accepts the lease and Agrees to Abide by all ils lerms. DATE: THE BAZAAR III. INC. Landlord TENANT: BY: OWNER! AGENT \ · . .. IU1LES_~EG_U Lé..IlQ.N.S. 1. \\'hen the 8Jzaar is open all merchants are required to be open. All merchants must be ready for business. All merchants must remain open unU I the scheduled closing time. 1'1erchants must vacate the building within 30 minutes after closing time. 2. Upon entE'ring, merchants will be asked to fill out a card listing categories of merchandise that their booth will contain. Any changes in a merchants selling list must first be submitted in writing to the office for approval. 11anagement reserves the right to approve or disJpprove. o' 3. NO SI10KING in the booths by order of the FIRE DEPARTMENT. - 4. All booths must be kept In a neat and clean condition at all times. Garbage must be put In designated areas before opening or after closing All boxes must be broken up. No sweeping of dirt Into the aisles. No placing of garbage Into the receptacles on the floor. L : 5. All displays and merchandIse must stay In your desIgnated area. NothIng Is to be displayed beyond the confines of the / booth by order of the FIRE MARSHALL. 6. Any additional lIghting or electrical work In your booth must be done to code by a licensed electrician and is your responsibility. Any work that Is to be performed must be approved before and after the job by management. ; 7. Signs must conform to Bazaar standards. 8. It is MANDATORY for all lESSEE to Mve a SEVEN DAY MONEY ßACK GUARANTEE sign posted. The giving of receipts is required to prove purchase date. Make sure your bootl) number and name is on the receipt. In case of a dispute the FINAL decision rests with the // office. ( 9. IRREGULAR MERCHANDISE £lli.!.âl be labeled or marked and In clear '. view of customers. 0" '__ 10.Booths will be builtand owned by the e~zaar. Lessee must obtain ~ .' BÚaar's consent to install any paneling, flooring, "built-in" decorations, partitions, railings or make alterations or to paint or wallpaper the booth. When vacating the Bazaar, the booth is to be returned to its original condition, except where agreed uron at no expense to the Bazaar. I · ....¡'. II LfS:::·.'~ is responsible for informing th~lr !.'rnployees of the rules · ':-, dl1(J regulations. Ignorance is no excuse of the rule. Employees rnu·:;t be able to handle any and all transactions in the absence of the own~r. such as sales refunds and exchanges. ..; 12.Tliere Is no soliciting, walking sales, brochure or filer distrIbuting. 13ALL RULES AND REGULATIONS WILL BE UPHELD BY EACH LESSEE AND THEIR EI'"IPLOYEES. , . ""e're Looking For South Florida6$ ""051 Aggressive Retailers DOOR RETAIL LOCAtIO IN DADE i1G8v BROWARD IE ~~00(jJ~ ....~C9 PALM BEACH tOlNDOORS ~A.;CONDmONED· ~AI~JItid ~OI'ENAI.I"YEAR COUNTIES ~PARlOl"lG' ~EIIctriâíp,i o¢fII!£ADMISSION; '~$DA't$ Starting Our Sth Year And Still Growing \ "'~ þ~(UrtaiR ii; AWEEKkii"···'·'··· Mal%, Events · ~ PromotfonI ::::.:::,:...,::.,..}=:::::':..',::;-':' ~CONYENIEN1tY ~ ertising 1tHII ProcIuces CustoM"" (ÞAi'CðIIcIiIiDniÎIiIJ ···LOCATEDNEAIÞ·· .. TV · Rail. · ~ · Aerial . Tourist ==- )··..""5&MAJo.r BrocIMes · CoupOn Giv..Aways · And Much ~24tlíllutSlcuñly' HIGHWAYS·;···· .......... ""c:_...__ M..",,· -A.,.,............_ ,~CIIII(30S) 770-0400/739-2805 Delroy & N. Miami z z Store Hours: Grand Opening ::;: ::;: Wed. & Thurs. íô w Sept. 1991. '" '" iñ lOam -6pm; I ~ ~~~w_l; <.n - Fri. & Sat. Both stores strategically 10am-9pm; aute 441 Sun. located next to ....N .""". 1 Oam-6pm. major high Hours May Vary performance NOImI MIAMI n LAUDERDAlE DELRAY During Holiday chains. 19905 (Route 441) & NW 199111 St. 3200 W. Ooldolld Pork 1IIvd. 1 4450 Military Trail & Atlantic Ave. Seasons. Our Man.g....nt "- Has Over 7S Y.... Of Retail bperieMel . . . (6 ) Use of parking lots along North Federal Highway as commercial lots for flea market parking. Consensus: (l) Make effort to get flea market parking off Dixie Highway. (2 ) Support commercial parking in AC district as conditional use (prepare code amendment) . (3) Stay with existing administrative policy with respeçt to GC properties (i.e. , off-hour use and property must be up to code within reason) . 1/ CO \ ( 7'-;) . . . CITY COMMISSION WORK SESSION DOCUMENTATION SUBJECT: USE OF PARKING LOTS ALONG N. FEDERAL HIGHWAY AS COMMERCIAL PARKING LOTS FOR FLEA MARKET PARKING MEETING DATE: JULY 16, 1991 DIRECTOR OF PLANNING ~ L- PREPARED BY: DAVID J. KOVACS, BACKGROUND: Attached is a letter from Borton Volvo in which the question of use of private property for commercial parking which would accommodate flea market demands is raised. The present manner of handling the question is as follows: 1) for vacant land; the zoning must be GC and it is required that the parking lot be constructed to code which includes the special landscape area along Federal Highway and all perimeter and interior landscaping. While such requests have been made, no property owner has followed through with a submission. 2 ) for existing development which has a parking lot; the zoning must be GC; it must be demonstrated that there is more than the required amount of parking on the site or that the use of parking for flea market purposes will not conflict with its use for the business being conducted on the property e.g. a restaurant which is open only in the late afternoon and evening. Also, that portion of the parking which is to be used as a commercial lot must be brought to code as the situation allows (i.e. landscaping, striping, wheel stops, proper dimensions). While such requests have been made, no property owner has followed through with a submission. 3) for existing development which has site plan approval; the zoning must be GC; the same requirements as for 2) applies. If the parking is up to code, the request would be processed as a minor site plan amendment. No such requests have been made. 4) for Borton Volvo; the zoning on this property is AC and a commercial parking lot is not allowed. It would be necessary to add "commercial parking lots" as an allowable use in AC zoning. {)J5 / ~ r City Commission Work Session Documentation Use of Parking Lots Along N. Federal Highway as Commercial Parking Lots for Flea Market Parking Page 2 DIRECTION: Direction is requested with respect to the following issues: 1. Should the current practice and rules remain unchanged? 2. If it is desired to encourage use of existing private parking lots for flea market parking: a) should we lessen the standards to allow the use without upgrading of existing parking areas? b) should commercial parking lots be added as an allowable use in the AC Zone District? c) should each such request be accommodated through a conditional use hearing process and each handled on an individual, case-by-case basis? Attachments: * Letter exchange with Borton Volvo * Lula Butlerts memo of July 9, 1991 DJK/#84/CCPKG.TXT MEMORANDUM TO: Lula Butler, Community Improvement Director ~ FROM: Richard Bauer, Code Enforcement Administrator SUBJECT: LICENSED PAY PARKING LOTS ON NORTH FEDERAL HIGHWAY DATE: July 9, 1991 Although we have not recently field checked the North Federal Highway area on "heavy" Swap Shop days, I believe the following are the only operational, licensed pay parking lots on North Federal Highway (excluding County pockets): 1. Antonio's Mama Rosa Restaurant, Inc. 1645North Federal Highway License was first issued around March, 1988 (Number 09443). 2. Kentucky Fried Chicken 2222 North Federal Highway License was first issued around August, 1987 (Number 02462). While Code Enforcement does not issue Occupational Licenses, I believe the reasoning used for issuing the above licenses was as follows: 1. Antoniots Mama Rosa Restaurant, Inc. was zoned GC, had a paved lot (albeit non-conforming under City codes) and was closed (for food sales) during Swap Shop hours. Under the old 1980 Zoning Code, Section 30-11(B) (65), "Parking Lots and Garages" was a permitted use. 2. Kentucky Fried Chicken falls under the same basic reasoning as for 1, above, except for the non-conforming and being closed parts. In addition, Kentucky Fried Chicken was issuing a voucher to each parker in the amount of the parking fee. The voucher was redeemable against food purchased from the restaurant. Over the past three years, other parking lots that were operating on North Federal Highway have been cited and closed. Most of the improper parking lots fell into three categories: unpaved or unimproved surfaces, improper zoning and unlicensed and not pursued by owners. Occasionally, other lots will appear - but this seems to happen as seasonal residents return to the area resulting in increased Swap Shop traffic (my observation). rb/mh · [ITY DF DELIAY BEA[H 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407 '24]· 7eX . June 18, 1991 Loren Sheffer, Managing Partner Kjell Berghts BORTON VOLVO 2101 North Federal Highway Delray Beach, FL 33483 Re: Use of Parkinq Lots for Flea Market Parking Dear Loren: Thank you for a copy of your letter dated June 11th which was directed to the Code Enforcement Board. The subject of the letter has been discussed from-time-to-time among the Development Services staff. We will take another look at the situation with respect to review and approval process and what code modifications, if any, are necessary to accommodate such a dual use of designated (per site plan) parking areas. You should hear from me by Monday, July 1st; if not, give me a call. C3iallY, - ~èJ J Vau~ Davi J. ovacs, D rector Department of Planning and Zoning DJK/dlm c: David Harden, City Manager Lula Butler, Dir. of Community Improvement DJK/#82/VOLVO.TXT THE EFFORT ALWAYS MATTERS ~fd/ '8.4- National WATS l-S00-88-VOLVO ........... BORTON VOLVO ~ Florida WATS 1-800-226-4600 Yæst Palm Beach 2201 North Federal Highway 655-3500 Dekay Beach. Ronda 33483 Broward (fa1) 264600 764-1001 June 11, 1991 Tim D. Onnen, Chairman c/o City Of Delray Beach Code Enforcement Board 100 N.W. 1 st Ave. Delray Beach, Florida 33444 Dear Mr. Onnen, We received your letter about the parking for pay lot we run at Borton Volvo and its zoning problem. We ceased operations for the year in mid-May. We don't understand why such an operation should be ~llegal. We effect none of our neighbors. We run a clean and profitable business, (which is taxable). The funds we generate are a very important aspect of our over all business. Without its income, our ability to be profitable would be severely compromised. Borton Volvo has done much to improve the business climate and appearance of North Federal Highway. As a parking lot operation, we fill a definite need. We provide several hundred parking spaces to people on Saturdays and Sundays who otherwise would park in residential areas of our community illegally. As you may be aware, the traffic during season on North Federal Highway is bad enough already. We also employee three staff members to provide safe, organized, efficient entry, parking and exit from our site. We ask you to reconsider your position and also ask for directions as to how we could run our business along with the best interests of the community. Sincerely, ,lErclÆHW1EIDJ r@J JUN J?' 1991 :Loren Sheffer Managing Partner pi oN LA N/NG & ZONING DEDICATED TO EXCELLENCE SINCE 1957 w £ITY DF DELRAY BEA[H 100 N.W. 1st AVE:NUE OELRAY BEACH, FLORIDA 33444 407/243-7000 @r¡:,~ I: I.ií,,? (/ v,~ T7> ';) '"" "" L,0 11 \117".. ~ :,; '.~ - (J ~,,' It",:) ; ,J Z\.;-¡;; ,. ¿" ,/, !I'! "-' ... i',f 1. 9 J(1,,/ - /') PI' ~ . June 18, 1991 L..'1i'\"\¡r'" , ;to, ,,' tt~{:? :0 :. ~ ,,-Ot""'" ,'(,r,~G Mr. Kjell Bergh C/O Bergh International Holdings, Inc. 5516 Lyndale Avenue South Minneapolis, Minnesota 55419 Dear Mr. Bergh: I am in receipt of your letter dated June 13, 1991 concerning the commercial parking operations at Borton Motors in Delray Beach. I do not know who informed Mr. Sheffer that the Code Enforcement Board Hearing held on May 14, 1991 was a formality. The Code Enforcement Board is established under state law guide lines to hear alleged violations of municipal ordinances. A Code Enforcement Board Hearing is not a mere formality as said Hearings can result in the imposition of fines. In order to appeal a Code Enforcement Board Hearing, it is necessary to file an appeal in Circuit Court no later than 30 days after the execution of the order to be appealed. I have attached a copy of the relevant Code Enforcement Board Order for your review. However, after reading your letter of June 13, 1991, I concluded that you were most interested in attempting to obtain a change to the City's ordinances which currently do not permit commercial parking lots in the AC zoning district. If my conclusion is correct, I respectfully suggest that you or your local representative contact the Delray Beach Planning Department headed up by David Kovacs (407-243-7040). Your representative might also wish to discuss this matter with the Chief Building Official, Jerry Sanzone (407-242-7207). I have taken the liberty to copy the aforementioned City employees on this letter and also to furnish them with a copy of your June 13, 1991 letter. Please remember that Code Enforcement focused on a very narrow issue, i.e., whether or not a stand alone pay parking lot in the Cityts AC zone was legal per City ordinances. THE EFFORT ALWAYS MATTERS . . Mr. Kjell Bergh June 18, 1991 Page Two If I can be of any further assistance to you, please do not hesitate to contact my office (407-243-7219). However your legal appeal should be either through the Court system (refer your legal representative to Chapter 162 Florida Statutes) or your pursuit of zoning issues through the City's Planning Department. We do appreciate your discontinuance of the pay parking lot operation. Perhaps, you will be successful with your further pursuit of this matter. Very truly yours, Administrator rb/mh c: David Kovacs Lula Butler Jerome Sanzone · RE: VIOLATION ADDRESS AND LEGAL DESCRIPTION LOCATION: Kjell & Mary Bergh 2201 N. Federal Hwy. . Delray Be ac h. Fl : c/o Borton Motors. Inc. Delray Beach Estates. Lots 41. 42 & 43 5428 Lynda1e Avenue South (Less S 10 t ) according to Plat Book 21. Minneapolis. MN. 55419 Page 13 of the official records of Palm Beach County. F1 CITY OF DELRAY BEACH CODE ENFORCEMENT BOARD o RD E R CASE NUMBER CEB 91-6410 At the Code Enforcement Board Hearing held on Hay 14. 1991. the. ab ove parties were found guilty by the Code Enforcement Board of the City of Delray Beach of violating City of De1ray Beach Land Development Regulation Section as enumerated below. The violation occurs on property that the Code Enforcement Board determined you own in Delray Beach as legally described ab ove as the violation address and legal description location. The Code Enforcement Board found that you were notified of the violation enumerated below and further that you were properly notified of this Code Enforcement Board hearing. The ab ove parties were not present at the ab ove hearing. Based on testimony and evidence offered to and accepted by the Code Enforcement Board of the City of Del ray Beach from the Code Enforcement Division. the Code Enforcement Board adjudged by a vote of 7 to 0 that you were guilty of the following violation which was determined to occur at the above violation address and legal description location: 1 . Land Development Regulation Chapter 4: Section 4.4.10 which does not permit pay parking lots in the AC zone district as either principal. accessory or conditional uses. The above location is operating a pay parking lot on premises which lot is not associated with the sale or servicing of automobiles. It is hereby ordered and adjudged by the Code Enforcement Board' of the City of Delray Beach that the ab ove parties shall be given 3 d a'y s from the date of this Code Enforcement Board Order to correct the aforementioned violation. If the required correction is not made within the above time period. a per diem fine of $250 shall be assessed until final correction is achieved. A Formal Hearing shall not be necessary to assess fines. There shall be a presumption of noncompliance unless the violators notify the Code Enforcèment Division of the City of Delray Beach of compliance on a timely basis. ~ Q - - --_ -.J2.~__~___L_~_ CHAIRMAN -------------~~¡C9-j----------- ------jLtz3.(l,--if-2.~-L~Q- CERTIFIED RE EIPT NUMBER P &.31 CfC¡S/C(¡/ . '~ ~' BERGH IN'fEHNATIONAL HOl.DINGS, Inc. -~ 5516 Lyndale Avenue South. Minneapolis, MN 55419 : . .:~ ;,:,~ i..: .. 'c, ..~- ........ w· 1.J KJELL BERGH ill ....... ., . Chairman of lbe Board II f 7 91 City of Delray Beacrl CODE ENFORCEMENT BORTON VOLVO Code Enforcement Dw. Minneapolis 100 NW 1 st Avenue De1ray Beach, BORTON MOTORS Delray Beach. FL Fl 33444 June 13, 1991 BORTON LEASING Re: Case # CEB 91-6410 Mpls. & Delray Beach We are in receipt of your violation notice COtK8¡'ning comrnercíal parking on our BORTON LIMOUSINE Minneapolis property at 220 ¡ North FederaJ Highway BORTON TRA VEL Loren W. Sheffer, our' Vice President and Gelì8iai ¡'¡dnager at BOr"{ün f'iotars, Inc Minneapolis in DeJra"j Beac!"! r,6s tleen in continuous contact warl tt"ie City of Delr'ay Beach on BORTON OVERSEAS this issue since we fir'st recewed notice oi tj-¡js protdem. He was given ta Minneapolis under'stand trlðt the referenced hei.'1r'íng was a forma1ity which needed to take place before we could appeal this matter and that there consequently was no need for my TARANGIRE SAFARI LODGE wire and I to come to Florida expressly rûr tliÍ~, rlearing, considering that our Tanzania. East Africa residence is in f'·1inneapoiis. SERENGETI SELECT SAFARIS Tanzania, East Africa I f that \s correct, we wi 11 now proceed witn sucn òn app€;ò1. For the record, we wish to point out that 'Ne W,jre forced to engage in commercia! parking to protect our business due to tilE: l'îlêrs:sive trafT'ic problems associated with the neiglìDoring Flea l<lar'ket during the r'¡yl-¡ season. Since we did so, the traffic congestion and the hazards associatel1 witt, the I/er'y serious back-ups and erratic dr' iv ing rlôve been dramaticôlly reduced. I must emplìasize that our property IS sut,~,t6r,t.iaìly tJetter equipped to meet code CCtmpltance for parking lots tliar: any ;Jlj.!oirdng pf'operty engaged In commef'cial par":.ing. The facî1ity was not under Delrô'y' 8eôcl','s .Iur ISdlctiùn wrlen we bUilt it (completion date I""Jay 9,1988), yet we arbitrarily ~,ubjected ourselves to the much stricter code requirements in Delray Beach and promptly petitioned for annexation, unlike many neighbor's in simiJar :~ítuations. in other \'Ior'ds, we have spent a very large amount or di'3cretionary funds õs respùns¡tile corporate citIzens to ensur e camp 1 iance with any code in ex istence at trlat time and we ar e clearly â most slIper' lor' facility. At t/'tis point, It appears the II/dUel' j:. ~".¡rely pol1tlCöi with r'8g6rd W U'le FJeô ¡-·¡i.'Jr'ket Our position is that as iûng ô:; tlì8 F1eô ~iôrfet facnity continues to operate, it is lrrefutatde tI)õt comrnercló1 parking ôt borton r-1otors' five-ôcre modern faci 1 ity nex t-door subStl.;;·it iaJ!y r8liuces trMflc. congest ion and the potentló\ for lnjury-cóusing a(:CÌijl~nts rtdÓlf.ù tI-18reto 612-827-0254 . WATS: 800-328-7114 . TELEX 29-0480 . FAX 612-827-1544 . . . . " - L- We therefore hereby respectfully request that the CHy of Delray Beach make the appropriate administrative and/or regu latory changes permitting Borton Motors. Inc. to resume its commercial park. ing operat ions. MeanwhiJe, we would ver'y much appreciate,/oi..Jr assistance in advising us in writing on the appropriate steps necessary to meet your requirements for obtaining such approva1. WhiJe the appeal process is taking its COlH'Se, we obviously win abide by the present oJ'c1er. $í~!U~, ) Kje I ~rgh ~ cc: Loren W. Sheffer - (7) Community block party/late evening activities for teenagers. Elder Leonard Johnson, Pastor of the Greater Mount Olive Missionary Baptist Church, was present to discuss with the Commission his proposal to host a ItCommunity Block Party It to address the teenage loitering problems which occur on West Atlantic Avenue. Cons £(115(<...(. ~ ~~ ~ ~~)¿JI-. Jõ O~~ FI2-¡~Ik¡') VUUj ~ I /99/, r q : 00 P.m. to 0.51- (j.1.LLdf I: 00 fi. m . Pcð-· t6 7/83 &.JìW.uð- f' ~ ~..sI ,I ~. ;~ MEMORANDUM TO: DAVID HARDEN, CITY MANAGER 1£ FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT- RE: PROPOSED TEENAGE BLOCK PARTY!DELRAY MERCHAN RESPONSE DATE: JULY 11, 1991 ITEM BEFORE THE COMMISSION: - - Consideration of request from Elder Leonard Johnson, Pastor of the Greater Mount Olive Missionary Baptist Church to host a "Community Block Party" to address the teenage loitering problem occuring on West Atlantic Avenue primarily on weekend evenings. The proposed block party is to be hosted on the church owned parking lot located on NW 4th Avenue. Consideration of the response to this proposal from the Delray Merchants Association. BACKGROUND: We were asked to bring the proposed "Block Party" idea to the regular Delray Merchants Group meeting for their consideration, since the merchants group is in the process of developing an "Anti-Loitering Campaign" to mitigate the loitering practices currently occuring on West Atlantic Avenue. The DMA met on Wednesday morning July 10. It is interpreted from the discussion with the merchants that a one time block party would have little impact on the existing loitering problem, instead they would look to support activities that would provide a long term permanent resolution to this problem. The merchants did not reject nor endorse the block party idea. RECOMMENDATION: We would recommend the City Commission consider the request from Elder Johnson after hearing his presentation. We do not anticipate any major objections from the DMA should the City Commission approve this request directing the normal security measures be maintained. B:BlockP.MER/LB/Lr-2 WS/1 . ··1 . ~ (l) Update of Beautification and other projects funded by the 1987 utility Tax Bond Issue and 1989 Note Construction Fund/ Reallocation of funds to new projects. Joe Safford, Finance Director, gave a presentation on the status of the 1987 utility Tax Bond Fund and the 1989 Note Construction Fund, with details on individual projects and proposed reallocation of funds to new projects. Consensus: (1) Commit $l,661,616 from the 1989 Note Construction Fund to repay Note debt service. (2) Commit $50,000 from the 1987 Utility Tax Bond Issue for the purpose of rewiring the Community Center's electrical system to rectify code violations. On the allocation of funds for the other projects, the Commission wants additional time to review, prioritize, etc. ; bring back at the August workshop for finalization of priorities and expenditures. The Commission requested numbers from the City Manager on the costs for exterior renovations to City Attorney's office, southwest park development and Boy Scout hut ballfield. Kevin Egan, CRA Chairman, commented that the CRA is working with the County on whether or not the County is going to need the CRA land acquired or in the process of being taken for the courthouse in five years and, if so, then to make sure that it gets into their five-year plan. If they're not going to need it, CRA doesn't want to purchase the property and then become land owners for so many years. The situation is open-ended now; so the commitmnnt here is that when the CRA really needs the money to acquire the land, come back to the City and the City will reborrow funds to set it up (as stata¡ by the Mayor.) '. , . . Agenda Item No.: AGENDA REQUEST Date: 07-10-91 Request to be placed on:' Regular Agenda Special Agenda X Workshop Agenda When: 07-16-91 Description of agenda item (who, what, where, how much): Presentation on the status of the 1987 Utility Tax Bond Fund and the 1989 Note Construction Fund to include a detail on individual projects and the reallocation of funds to new proiects. ORDIKARCE/ RESOLUTION REQUIRED: YES,€) Draft Attached: YES~ Recommendation: Finance Director to make presentation. Department Head Signature: ~ Deteraination of Consistency Comprehensive Citr Attorney Review/ Recommendation (if applicable): N/ 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: F" Approved for agenda: r:!9/ NO t~1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . . CITY OF DELRAY BEACH SCHEDULE OF AVAILABLE FUNDING SOURCES JULY 15, 19~'1 1. 1987 UTILITY TAX BOND FUND ~ II11I11111111111III11111I111I1I1II11111 PRDJECT DESCRIPTiON BUDGE, EXPENDED ENCUMBERED AVAILABLE -------------------------- ------------ ------------ ------------ ------------ -------------------------- ------------ ------------ ------------ ------------ DRAINAGE IMPROVEMENTS ------------------------------ RAINBOW HOMES 147,388 122,377 0 25,011 BEAUTIFICATION PROJECTS ------------------------------ FEDERAL HWY. (LINTON TO N, END) 291,694 149,750 1,534 140,410 S.W.l0TH (FEDERAL TO CONGRESS) 47,959 0 0 471959 w.ATLANTIC (195 TO MILITARY TH,) 232,200 25,093 f) 207,107 DIXIE HWY. !C15 TO S. W.10TH) 54,060 I) (, 54,060 .J MILITARY TR. (LAKE IDA TO SWIN,ON) 147,715 I) (i 1471715 GREENWAY PLAN iW.ATLANT¡C) 110,000 90,387 3,927 15,686 OTHER PF:DJECTS -------------------~---------- eRA LAND PURCHASE 1,200,000 6541191 I) 545,809 INTEREST NOT COMMITTED ------------------------------ INTEREST EARNINGS NOT COMMITTED 96,184 0 0 96,184 ------------ ------------ ------------ ------------ 2,327,200 1 ,1)41,798 5,461 11279,941 ------------ -----------.... --------....--.... ----....-----....- -----_....----- ------------ ------------ ------------ II, 1989 NOTE CONSTRUCTION FUND ***I**llfl**III*I****I****IIII*I*II**I* PRDJECT DESCRIPTIDN BUDGET EXPENDED ENCUMBERED AVAILABLE -------------------------- -----------.... ------------ ----_....-_....--- ------------ -------------------------- ------------ ------------ ------------ ------------ .. ATLANTIC AVE. PHASE II 830,000 733,200 0 96,800 TENNIS FACILITIES (LAVERS) 1,029,000 34,917 0 994,083 INTEREST EARNINGS NOT COMMITTED 570,733 0 0 570,733 ------------ -_....--------- ------------ ------------ 2,429,733 768,117 0 1,661,616 ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ HIIHHHH TOTAL AVAILABLE FUNDS 2,941,557 IHHHHIH ~S{l . OTHER POTENTIAL PROJECTS ------------------------------ ------------------------------ REPAYMENT OF NOTE DEBT SERVICE SEE DEBT SERVICE SCHEDULE PINEAPPLE GROVE WAY (N.E.2ND AVE.) 95000 6ULFSTREAM BOULEVARD 45000 CITY HALL/CITY ATTORNEY STORM SHUTTERS CITY ATTORNEY EXTERIOR RENOVATIONS . CURRIE COMMONS PARK VETERANS PA~t CEMETERY ACCESS MILLER FIELD FIRE STATION NO. 5 S.W. PARK DEVELOPMENT BOY SCOUT HUT BALLFIELD TRANSFER TO GENERAL FUND FOR ANY LAWFUL MUNICIPAL PURPOSE ·f.f*****f****f.****f*******.**********.*******f.*.**..*****..**.f.*.**f.f.**.***************ff.**** 1989 NOTE DEBT SCHEDULE FISCAL YEAR JUNE 1 DEC 1 JUN 1 TOTAL ENDING 9/30 PR INC I PAL HHEREST INTEREST DEBT ------------ ------------ ------------ ------------ ------------ 1992 I) 95,529 95,528 191,057 1993 0 95,529 95,528 191,057 1994 2,681,500 95,529 95,528 2,872,557 ------------- ------------ ------------ ------------ TOTAL DEBT 2,681,500 286,587 286,584 3,254,671 ------------ ------------ ****f.*.******f*f.*************.******f.**.*******.***,.**..........*.*******..**..**.,.,..*.*,* ~ggg~ - - - = r-. c:> r- <:::> w ~N crJ ~ ~ a· t>') CU..... Co ..0 ('.N C>C> ~ oor <:;::0 0-- 0 (XI '-'~' g¿~~~ ~ ~ ~.g~~~ = OC>NC> &~ ~ ~, ~ -.",. 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(...) /I I ...r C, (_) " I toO";, c:. oI.:X: , '1\ .. éÞ-, \ , HEl-tORANDUM To: Lula Butler, Community Improvement Director From: Nancy Davila, Horticulturist/Special Projects Coordinator ~~ Re: BEAUTIFICATION PROJECTS STATUS Date: June 26, 1991 SOUTH FEDERAL HIGHWAY (Linton to C-15 Canal) This project involves significant curbing work as well as irrigation and landscaping for the medians on South Federal Highway. The Engineering Division has scheduled the curbing to go out to bid the first week in July. The bids on the irrigation and landscaping were awarded over a year agot but have been in a holding pattern pending the construction of the curbing. Some modifications may have to be made to the irrigation and landscaping plans. Both Contractors have agreed to honor their unit pricing in the bids. The landscaping price should decrease and the irrigation will increase somewhat. A fund balance of $197,248.00 is available for this project. PINEAPPLE GROVE WAY - . This project which involves the creation of landscaped nodes at intersections, sculpture pods for 4 sculptures, and street treest will be advertised for bid July 1, 1991, the bid opening will be July 25t 1991. I hope to be able to review the bids and have the award of bid scheduled for the August 13, 1991 Commission meeting. Anticipating 3 to 4 weeks for the execution of the contract, we could be looking at construction commencing around the first of September. A 60 day window for construction has been defined. Last February, the Commission gave their consensus to using the funds that will not be used on Mid-Federal Highway (that project has been deleted) to cover the projected $95,000.00 funding needed. S.E./ S.W. 10TH STREET This project has been put on hold pending widening of 10th. A fund balance of $47,959.00 currently exists in this fund. 1 · CONGRESS AVENUE (between Lake Ida Road & Linton Boulevard) This project is currently under review by Palm Beach County Engineering. I can anticipate receiving their comments by the middle of July, at which time plans will be revised and put out to bid. Unfortunately, considering the time needed for bidding and subsequent execution of the contract, this could put the construction window sometime in November or December 1991. I know that we have received some criticism is the past for starting projects in the Winter. Commission may want to consider delaying the start of this project even though it may be ready to move forward. A fund balance of $180,000.00 is available for this area. DIXIE HIGHWAY This road is under the jurisdiction of Palm Beach County. Once P.B.C. guidelines have been observed, the planting area crosses over into F.E.C. Railroad jurisdiction. Attempts to have the F.E.C. be more flexible in their planting guidelines have failed. A fund balance of $54,060.00 currently exists, which could be moved to fund some other beautification project. LAKE IDA ROAD --- Although a fund balance of $147,715.00 currently exists, this project is on hold pending future road widening. WEST ATLANTIC AVENUE (1-95 to Military Trail) A fund balance of $207,107.45 currently exists. These funds could be used for other beautification projects, as this project has dual funding. Funds are also available in the second issue of the Decade of Excellence Bond. This project is also on hold pending future road widening. 2 , . CITY OF DEL RAY BEACH S~HEDULE OF AVAILABLE FUNDING SOUR~ES JULY 15, 1991 I. 1987 UTILITY TAX BOND FUND **1*11111111111111111*11***11**11111111 J!' PROJECT DESCRIPTION BUDGET EXPENDED ENCUI1BERED AVAILABLE -------------------------- ------------ ------------ ------------ ------------ -------------------------- ------------ ------------ --------....--- ------------ DRAINAGE IMPROVEI1ENTS ------------------------------ RAINBOW HOliES 147,388 122,377 0 25,011 BEAUTIFICATION PROJECTS ------------------------------ FEDERAL HWY. (LINTON TO N.EHD) 291,694 149,750 1,534 140,410 S.W.I0TH (FEDERAL TO CDNôRESS) 47,959 0 0 47,959 V.ATLANTIC (195 TO HILITARY TR.) 232,200 25,093 0 207,107 DIXIE HWY.(~15 TO S.W.l0TH) 54,0&0 0 0 54,0&0 KILITARY TR. (LAKE IDA TO SWINTON) 147,715 0 0 147,715 GREENWAY PLAN (W.ATLANTIC) 110,000 90,387 3,927 15,686 OTHER PROJECTS ------------------------------ CRA LAND PURCHASE 1,200,000 654, 191 0 545,809 INTEREST NOT CDMHITTED ------------------------------ INTEREST EARNINGS NOT COMHITTED 96,184 0 0 96, 184 ------------ ------------ ------------ ------------ 2,327,200 1,041,798 5,461 1,279,941 ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ II. 1989 NOTE CONSTRUCTION FUND **11*1*111111111**111111*1111*11*11111* PROJECT DESCRIPTION BUDGET EXPENDED ENCUMBERED AVAILABLE -------------------------- ------------ ------------ ------------ ------------ -------------------------- ------------ ------------ ------------ ------------ ATLANTIC AVE. PHASE II 830,000 733,200 0 96,800 TENNIS FACILITIES (LAVERS) 1,029,000 34,917 0 994,083 INTEREST EARNINGS NOT COMMITTED 570,733 ° 0 570,733 ------------ ------------ ------------ ------------ 2,429,733 768,117 0, 1,661,616 ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ UUIHHHI TOTAL FUNDS AVAILABLE 2,941,557 UHHIHIH "#- OTHER POTENTIAL PROJECTS RECOIIIIENDA TI ON ------------------------------ ------------------------------------ ------------------------------ ------------------------------------ REPAYMENT OF NOTE DEBT SERVICE $1,661,616 t1,661,616 PINEAPPLE GROVE WAY (N,E.2ND AVE.) 95,000 95,000 6UlFSTREAH BOULEVARD 45,000 . 45,000 CITY HALL STORM SHUTTERS 205,700 205,700 KILLER PARK IHPROVEMENTS 246,741 246,741 CURRIE COMMONS PARK 181,500 181,500 ~ VETERANS PARK 214,000 214,000 CEIIETERY ENTRANCE ROAD 127,000 127,000 ENVIRONIIENTAL PRESERVE (HASTER PLAN & ENGINEERING) 15,000 15,000 BEACH HEADQUARTERS/RESTROOIIS (ENGINEERING) 20,000 20,000 FIRE STATION NO. 5 (ARCHITECTURAL/ENGINEERING) 80,000 80,000 COK"UNITY CENTER ELECTRICAL ICODE VIOLATIONS) 50,000 50,000 ------------ UHfHlflff 2,941,557 TOTAL RECOMMENDATIONS 2,941,557 UUUUHH ffff"'f'f'fff"'ff'ffffffff'fff"'ffff'fffffff'f'fffffff"f'ff"f'fl'lf"I""II'fl.I"""I'" 1989 NOTE DEBT SCHEDULE (BEFORE RECOMIIENDED PAYIIENT OF $11661,616) FISCAL YEAR JUNE 1 DEC 1 JUN 1 TOTAL ENDING 9/30 PRINCIPAL INTEREST INTEREST DEBT ------------ ------------ ------------ ------------ ------------ 1992 0 95,529 95,528 1911057 1993 0 95,529 95,528 191,057 1994 21681,500 95,529 95,528 2,B72,557 ------------ ------------ ------------ ------------ TOTAL DEBT 2,6B11500 286,587 2861584 3,254,671 ------------ ------------ If'..f....f...f...f.f.f....f..f.f.ff....I..f.f....f...ff...'..'.f......f."."f....'..'f.'....,. 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W ..... _ L.I.J::> --' LJ,.J E L.t,j u.J LU = 0 I..LJ 0;: ¡¡ ._ ¢ ~~Q¢ Z~O ~~Q OOX<l: ~<Z: oc- _~CI... ¢ ~Q _ II uæ 0 NM ~...Q 0_ ~...o 00 ~ ~ II WW 0 00 00 __ 0 _ If _~ ~ ~~ t,t')~ ~~ ~~ ~ ~ ~ ft QE 0 00 00 ~<~ 00 ~ 0 0 tl Œ~ _ ... ._ __ __ . _ _ II ~~ ~ ~~~ ~~ ~~ ~M M ~ M · 'I. (2) Briefing on proposed credit card program. Consensus: Some reservations, but okay to go with 2-~ear trial period. . , . . . Agenda Item No.: AGENDA REQUEST Date: 07-10-91 Request to be placed on:' Regular Agenda Special Agenda X Workshop Agenda When: 07-16-91 - Possible s: enn1S Center. Police. Marina Department Head Signature: Deter.ination of Consistency N/A City Attorney Review/ Recommendation (if applicable): COpy of memorandum from David Tolces. Assistant City Attorney. iR R~tR~hp~ 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 (170 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . . MEMORANDUM . , TO: Jeffrey S. Kurtz City Attorney ~ FROM: David T. Harden ~f City Manager SUBJECT: Florida Innovation Group (F.I.G.)--Credit Card Program DATE: June 28, 1991 I am very interested in having the City participate in the Florida Innovation Group's Credit Card Program and am forwarding the "Agreement for Electronic Point of Sale Services" to you for review and approval as to form. Please be aware that we have committed to returning this completed, signed Agreement to the Florida Innovation Group by August 15, 1991 and, therefore, I would request that priority be placed on the review of this Agreement. If you have any questions or comments concerning this Program or the Agreement, please direct them to Jan Williams, Utility Bill:f.ng Manager, (Extension 7119) who will be the contact/coordinator of this Program. DMH/ sam Attachment cc: Joseph M. saf~Director of Finance Jan Williams, U 1ity Billing Manager ~ uJS/;J.. ,,~. ,~ .. THE INNOVATION GROUPS Credit Card Program . , - Response Form t X Yes, we intend to participate in the credit card program and to return the agreement by: July 15. X August 15. We continue to be interested in the program but do not intend to return the agreement by the July 15 or August 15 deadlines. No interest, remove my name from the list of interested local government officials. Name: Jan Williams Title & Jurisdiction: Utility Billing Manager , Address: 100 N.W. First Avenue City State, Zip: De1ray Beach,:FL 33444 " Fax: (407) 243-3774 Telephone: (407) 243-7119 Comments: ~ Please return to: The Innovation Groups, P.O. Box 16645, Tampa, FL 33687 Fax: 813/664-0051 Thank you! , FLORIDA (j) If\NOV-\TION GROUP June 10, 1991 - . Ms. Becky S. O'Connor Treasurer City of Delray Beach 100 NW 1st Avenue f' Delray Beach, FL 33444 Dear·Ms. O'Connor: Enclosed is the final agreement for your consideration and execution for participation in the Florida Innovation Group's credit card program. For the past nine months FIG has been working with"Consumer Payment Services to develop a program by which cities and counties can accept VISA and Master Card for the payment of fees, taxes, fines, etc. The enclosed agreement is the result of ten regional meetings"with local government representatives in eight states and comments by city and county attorneys. This final document reflects the comments provided by these local governments. The team of Consumer Payment Services, Ameri trust Bank, and the Innovation Groups, guided by counties and cities, have developed a credit card program that meets the requirements of VISA and Mastercard and state and local mandates that require the passing on of the bank fee to the card holder. At this time 420 local government officials from over 300 cities and counties are seriously considering participation in this two year evaluation program. As a reminder and, as the agreement states, the hardware for each credit card station, software, trainin.g .:for your employees, and supplies for the equipment are free to your jurisdiction. In addition each participant will receive some revenue return from the Innovation Group based upon the amount of usage in your jurisdiction. Since the number of interested cities and counties is large, it is necessary to identify an action schedule for the signing of the agreement and implementation of the program. Jurisdictions that execute 'and return the agreement by July 15, 1991 will have the program implemented in their city/county between July 15 and September 15, 1991. cities and counties that execute after July 15 but before August 15 will be installed between September 15, 1991 and January 1, 1992. We cannot estimate installation dates as of this time for agreements received after August 15. A response form is enclosed on which you can indicate your intentions for this program. Your response is not binding but it will help us to begin to develop a schedule jurisdiction by jurisdiction for implementations beginning in July. Please mail or fax it to us as soon as possible. Your guidance and patience during the development of this program is appreciated. If you have any questions about the agreement or any other aspect of this program please call or write. Thank you for your support. 1)J/4/¿ 6604 Horney Rood. Suite L P.O. Box 16645 J. Robert Havlick Tampa. Florida 33687-6645 813'622'8484 Fax 813,644,0051 · \ c.c: bAý\D ti·-:'\,~ PFN , ~ SAFf""oe..Ù ..JA~ \JÙ \ L-L \ A. ^'" S. RE"'-'" - , ,,;J:: 1..:._ . MEMORANDUM .. I", , DATE: June 25, 1991 TO: Jeff Kurtz, City Attorney ~. FROM: David Tolces, Assistant City Attorney SUBJECT: Florida Innovation Group Credit Card Program Per your request, I reviewed the proposed agreement for electric point of sale services which would be entered between the City and Consumer Payment Services, Inc. The agreement is fairly straight forward in that CPS would provide the City with all the machines and training necessary to implement the system. The system would enable individuals to pay various City charged fees via credit cards, such as a Visa or Mastercard, or via their debit cards, such as a Pulse or an Honor Card. The City would not have to expend any money in implementing this service. In return for providing this service, CPS would be paid a fee, which would reflect the monetary size of the transaction. For example, if someone came into City Hall to pay their water bill on their credit card and the wate.r:_bill was for $52, we would charge them $1.95 account fee. This-money would be forwarded to CPS. The fees range from $1.35 for a $10 transaction to $20 fee for any transaction over $1,000. Upon looking through the agreement, there are not many things that I believe need to be changed. My only suggestions for amending this agreement, in line with Joe Safford's comments, would be that we try to limit the program to possibly 12 months as opposed to 24 months. The agreement provides at this time for a 24-month time period during which time the City may give 60 days notice if it wishes to opt out of the program at the end of the 24 months. Joe Safford would like us to be able to opt out of the program sooner than 24 months. Therefore, I propose that we go for a 12 month trial program and at that time we can then renew for another 2 years. The term require- ment is contained in Article 6 of the agreement. The other amendments regard insurance. In Section 7.0l, the term "City" should be inserted so that the section reads, "CPS hereby agrees that all times to defend, indemnify and hold the City harmless from and against...", and in Section 7.02, "Insurance", the amounts of insurance should comply with the City's requirements of $lOO,OOO/$300,OOO, although due to the nature of the agreement, this may not be necessary. - Jeff Kurtz June 25, 1991 Page 2 Furthermore the City should be named as an additional insured on CPS's insurance ,certificates. Joe Safford raises the question of whether or not there have to be any ordinance changes in order to implement this system. Other than possibly amending the ordinance to provide for the service charges which CPS would be collecting, I don't think we would need to amend any portion of the code to allow for payment via credit card. If there is any other aspect of this proposal I should look at, please let me know. DNT:sh -"--- AGREEMENT FOR ELECTRONIC POINT OF SALE SERVICES THIS AGREEMENT FOR ELECTRONIC POINT OF SALE SERVICES is made on the date stated below by and between (the Client) situated in County, , and Consumer Payment Services, Inc. , a Florida corporation ("CPS"). The initial addresses of the parties which either party may change by giving notice of its changed address to the other party are as follows: "Client" "Contractor" Consumer Payment Services, Inc. 600 Lakeview Road, Suite A Clearwater, Florida 34616 WITNESSETH: WHEREAS, the Client wishes to evaluate the performance of electronic point of sale services in conjunction with the Innovation Group as outlined in Appendix "A", Innovation Groups- Evaluation Program for Electronic Point of Sale Services; and WHEREAS, CPS represents that it is experienced in the business of operating and maintaining electronic point of sale systems; and WHEREAS, CPS operates a comprehensive consumer bill-payment service known as "The Consumer Payment Alternative," or "CPA Account," and WHEREAS, through the use of the CPA account, CPS will process the Client's customers' authorization for payments from their designated credit card and demand deposit accounts and pay the Client directly; and WHEREAS, CPS has executed a Bankcard Services Agreement, Appendix "C", with Ameritrust which designates CPS to be a merchant qualified to accept credit cards bearing the logo and other proprietary marks of visa and MasterCard; and WHEREAS, CPS, as the designated merchant, and not the Client, will accept credit card payments; and 06/06/91 WHEREAS, CPS desires to provide such services in exchange for the CPA Account Fees hereinafter specified. NOW, THEREFORE, in consideration of the premises and of the mutual promises and covenants herein, the Client and CPS agree as follows: ARTICLE I section 1.01. The above premises are true and correct and incorporated herein. section 1.02. Definitions. As used in this Agreement, the following terms shall have the meanings set forth below: "Ameritrust" is Ameritrust Company N.A., the lead for the regional multi-bank holding company headquartered in Cleveland, Ohio. At the end of 1989, Ameritrust's assets exceeded $11 billion. Ameritrust offers a full range of commercial banking services to individuals and businesses through a delivery network of 226 banking offices in Ohio, Michigan, Indiana and Texas. Ameritrust is CPS' merchant financial institution. "Basic Services" is defined in Section 2.02. "Client" is defined in the preamble of the Agreement and includes its successors and assigns. "CPS" is defined in the preamble of this Agreement and includes its successors and assigns. "CPA Account" is defined in the preamble of this Agreement. "Credit card(s)" means cards of the Visa System which conform to the standards established by Visa, U.S.A., or Visa International Service Association, which cards bear the Visa logo; and MasterCard, MasterCard I and Master Charge Cards and other cards of the MasterCard International card system. "Department" means any department of the Client. "Instrument" means a personal or commercial check or draft drawn on a United States financial institution. "Qualified Card II means a credit card or any other card accepted by the system and agreed upon by the Client and CPS. "Special Services" is defined in section 2.03. 2 06/06/91 "System" means point of sale services for authorizing and processing electronic funds transfer credit transactions initiated by use of Qualified Cards. ItTerminal" and/or "printer" refers to a manned point of sale electronic funds transfer device which does not dispense cash and which is connected to the system to effectuate transactions initiated with a Qualified Card. As of the commencement date of this Agreement, each terminal shall be a Verifone Tranz 330 terminal with a Verifone Printer 250. In the event a newer, more efficient authorization terminal model is made available to the Client and installed in any department of the client, "Terminal", as defined herein, shall also include such newer, more efficient model(s) of authorization terminals. "Transaction" or "Qualified Card TransactionU means the payment for goods or services sold by the Client or the payment of taxes, licenses, tuition or fees to CPS made by the use of any Qualified Card beginning with the initiation of a request message at a Terminal and ending with the completion of the response message to that Terminal. Transaction, as used herein, shall also include manually imprinted transactions made in reliance on oral or written authorization when electronic authorizations are not available. ARTICLE II SCOPE OF SERVICES 2.01 Services in General. CPS agrees to provide an efficient system, which shall include the following: (1) a Terminal which shall work in conjunction with a computer switch and data network to provide routing, authorization, accounting, settlement, and reporting for Qualified Card Transactions. All data network access charges shall be paid by CPS; (2) electronic fund transfers for Qualified Cards from the cardholders' account to the CPS clearing account and then from the CPS clearing account to the Client's designated settlement bank account; (3) electronic authorization for all Qualified Cards; (4) downline loading of the Terminals from the central computer unless the terminal is already down loaded; (5) electronic authorization, automatic receipting, draft capture, and automatic settlement to the Client's 3 06/06/91 - designated settlement account (for an example only of a typical transaction sequence, see Exhibit 1, Transaction Prompting Sequence); (6) terminal response time shall not exceed 30 seconds (from the time the message is sent from the Terminal until a receipt is issued) ; and (7) a switch processor that offers; (a) phone response to operator inquiries about system problems seven (7) days a week, twenty-four (24) hours a day; (b) continuous power supply back-up capability on the main switch; (c) tandem or equivalent type computer processor back- up capability; and (d) twenty-four (24) hour, seven day a week communication network and computer processor availability. CPS shall coordinate its performance of the services hereunder with the persons as the Client may specify. CPS shall make periodic verbal or written reports and recommendations to the Client with respect to conditions, transactions, situations or circumstances encountered by CPS relating to the services to be performed under this Agreement and attend meetings determined to be necessary by the Client. CPS shall, upon request, also provide the Client with copies of written materials prepared by CPS or made available to it as a result of its performance under this Agreement. 2.02 Basic services. (a) Installation CPS shall install one or more Terminals and Printers at each of the Client's departments requesting the service. In addition, CPS shall supply sufficient back-up Terminals to be used as temporary or replacement Terminals in the event that one or more of the installed Terminals malfunctions and cannot be repaired within the prescribed time limit. CPS agrees to remove terminals and/or printers upon a request from the Client and reinstall the terminal later or at another location if so requested by the Client at no cost to the Client except for normal telephone line costs agreed to be paid for by the Client. 4 06/06/91 . (b) Operation (1) Terminal Supplies CPS shall provide all the terminal supplies necessary to process Qualified Cards through the system. Such supplies shall include, but not be limited to, the following: (a) Credit card sales vouchers; (b) Credit card credit vouchers; (c) Printer ribbon; (d) Qualified Card decals for all cashier areas; (e) Current CPA account service fee schedule; (f) Suitable manual imprinters. CPS shall provide appropriate procedures for the use of manual imprinters 1n the event the system is inoperable; (g) Transaction slips; and (h) Warning Notices and/or Card Recovery Bulletins. (2) Traininq, Orientation and Documentation. CPS shall conduct training sessions at the various Client departments for all personnel necessary to illustrate the operation of the system. At the initial training session, CPS shall distribute to the Client's cashiers an Operating Guide developed by CPS. As needed, CPS shall provide additional training for all appropriate personnel. (3) Qualified Card Fund Settlement. CPS shall assign a customer service representative to assist the Client in resolving day to day operational issues presented by the Cl ient I s cashiers. During business hours the customer service representative shall provide end of day balancing, deposit reconciliation and reporting assistance. CPS shall notify the Client in writing of the name and toll free telephone number of the customer service representative prior to the completion of the installation of the Terminals. In the event the name and/or toll free telephone number of the customer service representative is changed during the term of this Agreement, CPS shall provide immediate verbal notice to the Client followed by written notice within 10 days of the verbal notice to confirm the change in name and/or toll free telephone number. Ameritrust shall electronically credit to the account designated by the Client the net amount of all transactions (amount of payment received by CPS minus CPA account fee). Ameritrust shall electronically credit the net receipts amount due for Qualified Card Transactions in accordance with the 5 06/06/91 following schedule unless changed by the mutual agreement of the Client, CPS and Ameritrust. Funds Deposited Business Day into Client's Account Monday Wednesday Tuesday Thursday Wednesday Friday Thursday Monday Friday Tuesday Saturday Wednesday Sunday Wednesday At the Client's option, a demand deposit clearing account may be established at Ameritrust. Funds electronically deposited to the clearing account by Ameritrust on the schedule outlined above may then be transferred by writing a check for the total amount of bankcard transactions processed during the day and making a deposit of that check to the Client's local bank account. Ameritrust shall not be required to process any transactions in connection with which: a. The Qualified Card used had expired or prior notice of its revocation or invalidity was given the Client; b. There has been any gross negligence, fraud or dishonesty on the part of any employee of the Client; c. Any required authorization, obligation, time period, procedure or agreement hereof has not been obtained, fulfilled or observed by the Client; and d. there is any dispute or defense between the Client and cardholder whether or not valid. Ameritrust shall be financially responsibie to the Client for the net amount of all transactions until such amount is deposited into the Client's account. (Ameritrust is a federally chartered FDIC insured commercial bank and a principal member of the Visa and MasterCard Networks. As such, Ameritrust must and does comply with all Visa and MasterCard regulations. These regulations provide that Ameritrust is financially responsible for all transactions from the time of initiation until properly credited to the Client's designated account.) 6 06/06/91 (c) Maintenance and Upqradinq of System. (1) Maintenance CPS shall be solely responsible for maintaining the system. CPS understands and agrees that the system's down time shall not exceed 2% in any given month. CPS shall provide maintenance for the Terminals seven (7) days per week, twenty four (24) hours per day. CPS shall maintain the Terminals in good working order. In the event that a malfunction occurs, the Client shall notify CPS by calling the Customer Service Center whose toll free telephone number is identified on the Terminal and in the Operating Guide provided pursuant to this Agreement. CPS shall respond within 1 hour of notification. CPS shall determine the nature and extent of the problems and shall either (1) repair the Terminal or replace the defective component if such repair/replacement can be effected within twenty-four (24) hours, or (2) replace the Terminal with a back up Terminal if the repair or the replacement cannot be effected within a twenty four (24) hour period. CPS shall comply with the specific procedures for maintenance outlined in the Operating Guide. (2) Upqradinq the System. In the event that a newer, more efficient authorization terminal model becomes available, CPS, at its sole discretion and expense, shall remove the existing Terminals and replace them with the newer, more efficient authorization terminal model. 2.03 SÞecial Services. CPS shall perform the Special Services specified below within a reasonable time after the Client determines them necessary or advisable: (1) Install additional Terminals (the back up Terminals shall not be considered additional Terminals for purposes of this Section) ; (2) Provide electronic authorization for additional system compatible Qualified Cards; (3) Provide electronic authorization for Instruments; and (4) Provide decals and advertising materials necessary to properly advertise the existence of additional Terminals. 7 06/06/91 2.04 Equal Opportunity Employer. CPS shall comply with any applicable equal employment statutes and regulations. 2.05 Public Records Law. CPS shall comply with any applicable laws governing the confidentiality and accessibility to the public of any documents, or portions thereof, generated under this Agreement. ARTICLE III TIME OF PERFORMANCE 3.01 Installation of Terminals. CPS shall install all necessary Terminals at the designated locations within thirty (30) days of execution of this agreement. ARTICLE IV DUTIES OF THE CLIENT 4.01 Environmental Requirement. Client agrees to provide access to electrical power and work area and access to a non-proprietary telephone line. Terminals will be programmed by CPS for network access with either a local telephone number or a toll-free (800) number. 4.02 System operation. (a) The Client will transact Qualified Card payments made by the Client's customers to CPS for the payment of taxes, licenses, tuition and other fees the Client charges and for which it wishes to accept payments through CPS. The Client agrees to use the forms, supplies and equipment furnished by CPS for all transactions. The Client agrees to prominently display the CPS Service Fee schedule and Bankcard signage provided by CPS. During the term and any subsequent renewals of this Agreement, the Client agrees not to enter into an agreement with any other financial institution, credit card service provider, credit card company or other company to prov ide serv ices for electronic point of sale services or the operation of a credit card program that involves charging a service fee to the customer. The Client understands that CPS may amend the Operating Guide from time to time. The Client shall utilize the Terminals to authorize all transactions initiated with a Qualified Card when the system is operable. The Client shall prepare a sales draft or transaction record for every sale utilizing the system. The Client agrees to use its best efforts to ensure that each transaction is not subject to any 8 06/06/91 disputes, setoffs, or counterclaims, that each statement in all transaction records or sale drafts are true and that the Client has no knowledge which would impair the validity of each transaction. Each sales draft and/or transaction record (as an example only, see Exhibit 1) shall be fully completed and must include: (1) the cardholder's account number; (2) the signature of the cardholder or authorized user; (3) the date of the transaction; (4) the Client's name, location and identification number; (5) the total amount of the transaction (including applicable amount due the Client and the CPA account fee) ; (6) an adequate description of the taxes, licenses, tuition or fees being paid for; and (7) all disclosures, if any, required by law. (8) at the Client's option, each sales draft and/or transaction record may include: (1) Operator's 10 number; or (2) Folio/case/customer/department number. The Client shall deliver a completed copy of the sales draft to the cardholder or authorized user at the time each transaction is consummated. All sales drafts prepared by the Client shall represent obligations of the cardholder in the amount set forth therein. All sales drafts prepared by the Client for Qualified Card Transactions shall not involve any cash advance or element of credit for any other purpose. The Client shall forward copies of all sales drafts to CPS which will maintain copies of the sales drafts for a period of two (2) years from and after the date of the transaction. The Client will retain their copy of the sales draft for as long as required by applicable law. The Client will make no cash refunds to cardholders on Qualified Card Transactions. (b) The Client, if making a credit card transaction without presence of the actual credit card, in addition to using its best efforts to comply with paragraph 4.02(a), will: ( 1) Obtain cardholder's name and account number from Cardholder; (2) Enter the transaction using the key option on the electronic terminal; 9 06/06/91 (3) When authorization is given, legibly write cardholder's name and account number and legibly imprint the embossed legend from the Client plate on the sales slip and complete it as provided herein; and ( 4 ) Have the sales draft signed and furnish a copy thereof to the Cardholder. (c) The Client, if making a credit card sale to a cardholder by mail or telephone, will follow the procedures provided in subparagraph' (b) above, except that the Client will sign the cardholder's name in the space provided for the cardholder's signature on the sales slip and note that the order was placed by telephone or ma i 1- The Client also will make any disclosures required by law and shall disclose the applicable CPA account fee. (d) Credit card sales to cardholders by mail, telephone, or without presence of the actual card as provided in Subparagraphs (b) and (c) above are at the Clientts option. In making them, the Client shall be deemed to warrant that the purchaser is the person whose name appears as the cardholder on the sales slip, or sales application slip, and that, the name, account number and expiration date appearing on the sales slip are the same as those embossed on such credit card. (e) Except for credit card sales made by mail, telephone or wi thout presence of actual card, the Client has no liability to CPS in connection with sales drafts because of forgery, use of a counterfeit card, or cardholder charge backs, if the Client has exercised due care and diligence in complying with the terms of this Agreement. The Client and CPS agree not to disclose to third parties other than the Client's or CPS' agents for the purpose of assisting the Client or CPS in completing the transaction or as specifically required by law a cardholder's account information and account numbers. ( f) In the event that it is necessary to issue a credit to a customer's credit card account, the terminals will provide the capability of performing a credit transaction for the primary amount of the transaction only. Previously assessed CPS fees will not be refunded. No CPS service fee will be charged for the issuing of a credit. 4.03 System Inoperable. When the system is inoperable the Client shall follow the manual back up instructions for credit card transactions set forth in the Operating Guide. Before making a credit card transaction, the Client shall obtain specific authorization from CPS for such transaction via telephone and the authorization approval code shall 10 06/06/91 , be recorded on the transaction record. The Client shall confirm that the credit card in question is not listed in any applicable Warning Notice or Card Recovery Bulletin. If the Client does not receive an authorization to complete the transaction or if the credit card in question is listed in the applicable Warning Notice or Card Recovery Bulletin, the Client shall not complete the transaction. 4.04 Unacceptable Cards. The Client agrees to examine carefully each Qualified Card presented to the Client for the purpose of determining that such card has .not expired and will review information delivered by CPS regarding Qualified Cards which are revoked, counterfeit, stolen or otherwise void. The Client shall not, without CPS' specific permission, complete a transaction involving use of a Qualified Card for which an appropriate authorization has not been received from CPS. The Client may use its best efforts to retain or attempt to retain by peaceful and lawful means any Qualified Card which CPS requests it to retain. All rewards paid by Visa and MasterCard for retaining qualified cards which are revoked, counterfeit, stolen, or otherwise void shall be forwarded to the Client. 4.05 Failure to Comply with Duties. "- The Client recognizes that a credit card company may debit CPS' account for the face amount of a transaction for the Client's failure to comply with the terms of this Article IV. Therefore, in the event the Client fails to comply with the provi~ions of this Article IV and as a result of such non-compliance a credit card company debits CPS' account for the face amount of the transaction, the Client agrees to pay CPS the face amount of the transaction. 4.06 System Reporting. Daily, CPS will provide comprehensive reporting on all transactions processed. Each terminal device will print control and balancing totals for all transactions. (See Exhibit 1) . In addition, system reporting summary activity for all terminals installed on the Client's premises will be provided and forwarded directly to the Client. ARTICLE V COMPENSATION 5.01 Fees for Basic services. Method of Payment. ( a) As sole compensation for the services to be performed by CPS under this Agreement, CPS shall receive the CPA account fees to 11 06/06/91 . be charged on each transaction to the card user in accordance with the CPS Account Fee Schedule attached to this Agreement as Appendix uBu. After the initial twelve (12) months of this Agreement, CPS may adjust the CPS Account Fee Schedule with cause one time within any twelve (12) month period. Cause for an adj ustment shall include but not be limited to an increase in the base interchange rate, the installment of new, more expensive equipment, or an increase in CPS' communication costs. Prior to any such fee adjustment CPS shall provide the Client ninety (90) days' prior written notice. If the fee adjustment is not acceptable to the Client and CPS is unwilling to continue this Agreement at the existing fee schedule, this Agreement will be terminated sixty (60) days after the Clientts notification of its rejection of the fee adjustment. ARTICLE VI TERM AND TERMINATION 6.01 Term. This Agreement shall be effective for a twenty-four (24) month evaluation period from the date written below. This Agreement shall be renewed for like terms of 24 months, unless either party gives the other party at least 60 days written notice of its intent to terminate the Agreement at the end of the term or to renegotiate the terms of this Agreement. 6.02 Termination by the Client. The Client has the right to terminate this Agreement upon sixty (60) days written notice if CPS is in breach of any of its duties under this Agreement and fails to cure that breach within such sixty (60) day period. 6.03 Termination bv the CPS. CPS may terminate this Agreement upon sixty (60) days written notice if the Client is in breach of any of the terms or conditions of this Agreement and fails to cure that breach within such sixty (60) day period. Additionally, CPS may terminate this Agreement upon sixty (60) days written notice if it determines, in its sole discretion, that the number of Transactions per terminal processed under this Agreement is insufficient to continue the services provided by CPS under this Agreement. Appendix UBU provides a guideline which will be used to determine if the transactions per terminal per month are insufficient to continue CPSI services under this Agreement. 12 06/06/91 6.04 Removal of Terminals. Upon the termination, cancellation or expiration of this Agreement CPS shall remove the Terminals and all machinery, equipment and other like property from the Client's premises within a reasonable time. ARTICLE VII INDEMNIFICATION 7.01 Indemnification. CPS hereby agrees at all times to defend, indemnify and hold harmless the Client, from and agai~st any and all liability, loss or costs arising from or in connection with claims, damages, causes of action, loss, liability, cost or expense or suits for loss or damage, including, without limitation, costs and attorney fees, which arise as a result of or in connection with any acts or omissions of CPS, its employees, agents, officers, subcontractors or independent contractors, whether such claims are asserted before or after the termination. This indemnification includes indemnification to the Client for any damages of any kind suffered due to CPS' violation of any third party's trade secrets, proprietary information, trademark, copyright, or patent rights in connection with the licensing of any software or hardware delivered to the Client by CPS for the Client's use pursuant to this Agreement. 7.02 Insurance. Throughout the term of this Agreement, CPS shall carry and maintain commercial general liability insurance and worker's compensation or other employer's liability insurance. Such insurance coverage shall have minimum limits of liability in not less than the fol10wing: (1) Commercial general liability insurance Bodily injury - $1,000,000 per occurrence Property damage - $1,000,000 per occurrence (2) Worker's compensation or employer's liability insurance as required by law. CPS shall file with the Client, upon request, certificates of insurance evidencing the coverage required by this Agreement within fifteen (15) days of the Commencement Date. CPS shall give the Client ten days' notice prior to the cancellation of any required insurance coverage, it being understood that CPS shall obtain replacement insurance policies and take such actions to ensure that the insurance coverage requirements of this Agreement are met. 13 06/06/91 ARTICLE VIII MISCELLANEOUS PROVISIONS 8.01 Independent Contractor. The relationship of CPS to the Client shall be that of an independent contractor. 8.02 Assiqnments. CPS shall not assign this Agreement without the written consent of the Client, whose consent shall not be unreasonably withheld~ 8.03 Subcontractors. CPS has a contractual arrangement with Ameritrust to perform certain obligations outlined in this Agreement, specifically the authorization, capture, settlement and reporting of all transactions processed through CPS terminals. A copy of that agreement is attached hereto as Appendix "C". CPS shall not subcontract any part of its performance under this Agreement without the written approval of the Client. If such approval is given, any subcontractor and all employees of the subcontractor shall be treated under this Agreement as if they were employees of CPS, except in regard to fees. 8.04 Parties in Interest. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the Client and CPS only. 8.05 Non-Waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by any appropriate remedy strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 8.06 Applicable Law. This Agreement is subject to the Charter and Ordinances of the Client, the laws of the federal government of the united states of America, the laws of the state where the Client is located, and all rules and regulations of any regulatory body or officer having jurisdiction over this Agreement. CPS and Client shall comply with all applicable laws, rules, regulations relating to its performance hereunder. Venue for any cause of action arising out of this 14 06/06/91 Agreement shall be in the court of appropriate jurisdiction in the county where the Client is located. 8.07 Licenses and Permits. CPS shall obtain and pay for all licenses, permits and certificates required by any statute, ordinance, rule or regulation of any regulatory body having jurisdiction over the conduct of its operations hereunder. 8.08 Proprietary Rights. The Client agrees not to use or allow anyone else to use CPS' terminal software programs except in connection with the Client's use of CPS' terminals under this Agreement. The Client agrees not to modify, tamper with, copy or allow anyone else to copy, otherwise reproduce, modify or tamper with any part of CPS' terminal software programs without the prior written consent of CPS. The Client further agrees to take all necessary steps to ensure that the provisions of this paragraph are not violated by the Client, by any person under the Client's control or in the Client's service, or by any third party. 8.09 Payment of Taxes. CPS shall pay all taxes of whatever character that may be levied upon, assessed against, or charged to CPS in connection with the performance of services hereunder. 8.10 Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in the United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed in the preamble hereof or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. 8.11 Captions. The captions at the beginning of the Articles and Sections of this Agreement are guides and labels to assist in locating and reading such Articles and sections and, therefore, will be given no effect in construing this Agreement and shall' not be restrictive of or be used to interpret the subject matter of any Article, Section or part of this Agreement. 8.12 Acceptance and Approval. Any acceptance or approval by the Client, its agents or employees shall not constitute nor be deemed to be a release of the responsibility and liability of CPS, its employees, agents, 15 06/06/91 , subcontractors or suppliers for the accuracy, competency and completeness for any documents prepared or services performed pursuant to the terms and conditions of this Agreement, nor shall such acceptance or approval be deemed to be an assumption of such responsibility or liability by the Client, or its agents and employees for any defect, error or omission in any documents prepared or services performed by CPs, his employees, agents, subcontractors or suppl iers pursuant to this Agreement. An approval by the Client of any part of CPS' performance shall not be construed to waive compliance with this Agreement or to establish a standard of performance other than required by this Agreement or by law. The Client is not authorized to vary the terms of this Agreement. 8.13 Inspection and Audits. The Client shall have the right to examine and review all books, records and billing documents which are directly related to performance or payment under this Agreement. CPS shall maintain such books, records, and billing documents for two years from the date of the transaction. 8.14 Ambiquities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 8.15 Severability. If any clause, paragraph or provision of this Agreement is held invalid, such invalidity shall not effect the remainder of this Agreement, which shall remain in full force and effect. 8.16 Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. 8.17 Attornev's Fees. In the event of litigation between the Client and CPS arising from any provisions of this Agreement, each party shall bear its own attorney's fees. 16 06/06/91 IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, such of which shall be an original, on this day of , 19 . - CONTRACTOR: CLIENT: CONSUMER PAYMENT SERVICES, INC. By: By: (Name) (Name) (Title) (Title) ATTEST/SEAL: ATTEST: By: Clerk APPROVED AS TO FORM: Attorney a:\HPS4.agm ASZ Misc. Li t i ga t ion I 17 06/06/91 APPENDIX "A" Innovation Groups Evaluation program for Electronic Point of Sales Services THIS AGREEMENT for the Innovation Groups' Evaluation Program for Electronic Point of Sales Services is made on the date stated below by and between ("City/County") located in County, and The Innovation Groups ("The Innovation Groups"), a Florida corporation, with principal offices located at 6604 Harney Road, suite L, Post Office Box 16645, Tampa, FL 33687, (813) 622-8484. WHEREAS, The Innovation Groups is a not-for-profit organization which functions as a consortium of cities, counties, towns, and private companies working together to introduce innovative programs and products to the public sector: and WHEREAS, the City/County wishes to participate in the electronic point of sales evaluation program as defined in the agreement betwe~n the City/County and Consumer Payment Services. NOW, THEREFORE, in consideration of the mutual promises hereafter set forth, it is agreed as follows: 1. The City/County shall: a. Create customer awareness for the electronic point of sales program throughout your community through such activities as announcements over your community access cable channel: announcements included with utility bills: articles in your citizen and employee newsletters; press releases to your local media: media coverage during the first days of usage: placards in the areas in which the credit card stations will be placed, etc.; b. On a quarterly basis submit a short report (one to two pages) which summarizes the pluses and minuses of the program in your jurisdiction to date. This report should include recommendations. for the improvement of the program as well as descriptions of special programs you have implemented to encourage usage; c. Identify applications which you feel will provide the best possible customer service regarding the optional use of credit cards. Each application site will be a candidate for the placement of a credit card work station. While there Page 1 0 f ) is no limit on the number of such sites, it is the responsibility of the City/County to determine application areas which will provide the most potential for usage. During· the evaluation period for your jurisdiction, The Innovation Groups and Consumer Payment Services will work together in the evaluation of each site to determine the need for more or fewer machines; d. Train your customer service people and City/County hall telephone operators, receptionists, volunteers, etc. as to the details of the program so they can so inform the public when inquiries are received; e. Provide information regarding the implementation of the program in your jurisdiction to neighboring local governments upon request. The Innovation Groups and Consumer Payment Services will provide a descriptive brochure to assist you in such information dissemination; f. Consider participation in an annual conference on credit card programs in local government. This conference will be sponsored by The Innovation Groups; g. Provide written information regarding the program in your City/County for inclusion in a newsletter which will be prepared by The Innovation Groups; and h. At the end of the first six months (or sooner at the City/County's option) of the evaluation program, assess the program's potential for expansion into additional departments (if jurisdiction-wide implementation has not occurred). 2. The Innovation Groups shall: a. Return 12~% of the net profit (computed from the service fee charge for each transaction after Consumer Payment Services, Inc. fixed terminal costs of $34.50 per terminal per month have been recovered) to each participating Innovation Group member. This amount shall not be less that 2.5 cents per transaction. A return of a flat one cent per transaction will be returned to non-members of the Innovation Groups. Payments to participants will occur on a quarterly basis or when $1,000 has accumulated in the City/County's account, whichever occurs first. Detailed accounting showing total transaction volume for the City/County, total transaction amounts, and total Consumer Payment Services service fees generated during the period for each terminal(s) and in total for each city/County will accompany each payment; Page 2 of 3 - b. Publish a bi-annual newsletter which will report on the participants' experiences with credit cards. Case studies will be part of the newsletter; c. Sponsor an annual conference on credit card programs in local government; d. Provide regular updates on the credit card program in the Innovation Groups' newsletters; e. Visit with the staff of each participant on a regular basis in order to observe first-hand the operation of the program, obtain employee comments regarding possible improvements, and brief employees on experiences in other jurisdictions; f. In cooperation with the City/county participants and Consumer Payment Services, The Innovation Groups will regularly explore the potential of new applications such as unmanned kiosks for bill payments, etc. ; and g. The Innovation Groups will develop and maintain information files on local government credit card programs which will be available to all participants. ENTERED into this _ day of , 19 . - CITY/COUNTY: THE INNOVATION GROUPS: Title: Title: ATTEST: WITNESSES: Page 3 of 3 , CONSUMER PAYMENT SERVICES, INC. (CPS) SERVICE FEE SCHEDULE CITIZENS WISHING TO USE BANK CARDS AS AN ALTERNATIVE MEANS OF PAYMENT FOR GOVERNMENT OBLIGATIONS MAY USE THE BILL PAYMENT SERVICES OFFERED BY CPS . CITIZENS MAY AUTHORIZE CPS TO TRANSFER FUNDS FROM A DESIGNATED BANK CARD ACCOUNT TO THE GOVERNMENT'S ACCOUNT. ALL TRANSFERS OF FUNDS ARE SUBJECT TO A NON-REFUNDABLE CPS SERVICE FEE AS OUTLINED BELOW. USE OF THE CPS SERVICE IS OPTIONAL AND SOLELY AT THE DISCRETION OF THE CITIZEN. CPS MINIMUM SERVICE TRANSACTIONS AUTHORIZED AMOUNT FEE AVERAGE PER MONTH $ .Ol $ 25.00 $ 1.35 $ 25.00 100 $ 25.01 $ 50.00 $ 1.65 $ 50.00 95 $ 50.01 $ 75.00 $ 1.95 $ 75.00 90 $ 75.01 $100.00 $ 2.50 $100.00 85 $100.01 $150.00 $ 3.15 $150.00 80 $150.01 $200.00 $ 4.00 $200.00 75 $200.0l $250.00 $ 4.85 $250.00 70 $250.01 $300.00 $ 5.75 $300.00 65 $300.01 $400.00 $ 7.50 $400.00 60 $400.01 $500.00 $ 9.25 $500.00 55 $500.0l $600.00 $11.15 $600.00 50 $600.0l $700.00 $13.00 $700.00 45 $700.01 $800.00 $14.80 $800.00 40 $800.01 $900.00 $16.75 $900.00 35 $900.01 $1,000.00 $18.50 $1,000.00 30 $1,000.01 OVER $20.00* OVER 25 *$20.00 PLUS FEE FOR INCREMENT OVER $1,000. APPENDEX "B" . BANK CARD SERVICES AGREEMENT AmerltlUSt ^~ment ~torcò into in Cleveland. OhiQ thi, X day of ~ ð Po. /J.. A I! j . 19 3.L . l-ctw«n . r OMS/.J.I't'qf( PfJr e1NT $<='fiQ r!-~.s ("Mercltam"), end AMEIUTR. UST COMPANY A TIONAL ASSOClA TION ("Bank"), 900 Eul:lid A venue. Cleveland, Ohio 4410 I. Bank provides servIces for acceptance and payment of cønsumer transactions arising from the use of credll CMds be:uing the trade names Mu~!C&rd. VIsa. Amerlcatl EJ(.press. Discover and debIt cards (collectively. the "Cards") by Merchants' C\l$(omers ("Cardholders). M.rthmt desires to receive IUthorizalÍon and settlement "I'Yices from Bmk relatinJ co die use of the CW It Merchant's prembes by Cttdholden. In consideration of the mu!\l&.l p¡vmÎSCf and .i~mGn" herc:in coøtaÏned, Buk and Mcn:hant hereby mutuaUy a¡rcc ., follow,: L GENERAL TERMS: h) CNdills p\ltrl1O Me:-chlnl ;" c:m,nuunca cons:illlliAI a breaeh ot &II)' IItrTI\, condition. ~udoa. wunniy or dery of Men::IMAl hml\hldft: 1. 0_ C4pta,.. ~es I) the .Jtlm.1on ol a.dII (or m«ChaAdltt .old or 1ft'Yic* p«(onned ....III YlolaliOlt ot' &II)' LL &Ilk a¡tMtIlO provId. MerclwIl wllh data capcut'e and aulhmzadœ .et\tIceI coIJecdwly. Jaw. or the tuJcl or rcauJat!OfII of any JOvctMwalaJ 'Pney. (ed.Al. lUll. l.xil. 0' ("Elcct:œtc Data Ctplllft SuvIoca. ") oChawilc; or U, Tbc BIeetronic Data Clpturc Service cnwll rccon!inl a-an.eôoa, on . Icm:inaI IIIC! j) che Card bomIrcd is inY&lid. expired or Ji,ted on lilY çurnal Vjul:\{ulClCud Combined providinl the Ccdholclcr wïch a eopy of lite MI~ drL'!. Wam:nc B II/lCÚI. .. ne foUowinc applies if MCl'Ch1ltl it lIIine :cnnirWJ ~ by·or drrouJlt Beak; Bank 7. Exclwt,e.,.d RetuMI Policy thcI1 plV\'Ïde MOIdIllle widl die 4«icntlCd nvmberof eenn;"lI, lotlbe purpott 0( nceåVÚlt ~ [)au Caprure SeMceIlIIdIot Audloriudoft wvIcec. 1ft œnsiderMlOft Ihereol. 7.L Mtrellanllh&l.l :NiAcaift I (lit policy (or the IJlclwllllarwI rtCUtII ot 1IIft'C1sMcti.. &lid f<:r !he Mll'dwlt &¡rill 10 _" and be bound by Bank'. IWICb:d '"I'ft'IIIiaaI SetYIcII A¡ne- dJn.adatxdon wt!h ..mea pt..-chaud willi C&Id. Dllllt~. wbldlüaU !Ie Incorporated by NtlrellCt MNIIL II t. __toad tIw Ihe 1IIftIIÚIaI(., U. Machanl l1li&11 P'" proper utdtt (or tIIL."'IU &II:! IdjuS1m8ftu by ,.rlOI"II\Í1I& I!\. ¡:tOpcT IR not tile pcnonaJ property of MItCba.'It lAd wIIlltOt be cIcerHd Car any ~ 10 be iwKûon on Ibc: loCm1i:1al fixtures. 1.3. Mcn:hanllhaJl noc under IJIY ci~ ;t&Y an)' nfuncl ør IdjusImcnt 10 Cudhoidtt in 11. The folJowine appties if M=hant is IlIpplyinS ill own taminaII: Ie :. u:xtmcood Ñ' cull. If a dilpll~ Rlarq mcrc.':anditc urdIor lCf'oIiçcs DOC ICIOI~ bccwccr. Mct'C!1&I1I IIId M~ is supplyillc it¡ 01"11 tcnniøals to ncciv: EI~c Da-. Capcun ~ vtd/ot Cardbolcl4:l abouIdraul' in &:Ie Calc!holdcr's &NClÛr.la~aiø: oråcflrM qainßl~ BII'.,j¡:n iu Autbor'oUrion ScMca provided by Bank. Merdllolll &¡rea 10 bear !be mponSl'bUity loW discncion m.y IcUle or comprvmilC !be HIDe wjl.~ Cl:dholdcl withvl:1 ~ 10 M~ball! IlId COtt 01 d\&kinl 1\.1 tcm\Îllals comf*l'blo wilh Bcnk'sleJecommll~slGd &ua p:oceu. wlthoul relI.!Yi"l Mcn:hanc ot!1I oblipcion 10 ~ Bank in_ 1I'.&Ccr. IIII.yswm.. Mtrdw111II01hoIr '''''10 bearrhe COSI of ...)'faJUf'lIO~'" any IllYÍCed... 10 III. tlll!fuJldion 0: dMlI'IICdon of an}' o( Ics tMnlnaJ.. L IndanntncallOft LI. Mcn:ham ah&J Ind.m:lt!)' lad told BalIk h&nDI., iNl"II U)' arwI III datma, d_ds. C&l:S" 1. Honor All Carda of action IItd dlf_ of 10m-..,. UIII(.d aplas: Bank in COMfCIion wi)¡ all I:«uonlc 1.1. MctdIant shID promplly hon<:r all valid carda whon properly ...-nIICI u ~ for InnMCtions tranuniaecllO Bank !nc:ludinJ but :MIl Umtctd 10: trIIII&CtÍOIII by CudhoIdcn.1f Mc:TCb1Ct doa nee c!cal with IÌIC public It Iar¡c. it mq '- on!)' (a) c\låms. dcfCRICI. dilputc:l. ofbe:tIand ~JIIt_IIÍm' rclaénllo m~htnåilC to:d and/or -.II CardI u I/'C IaIdcmt by pcnoIII c1iclblc: to purchuc: fJom Mcn:IIaøc. Kl"ica mcdc:n:d b1 MCRÌIIIII. U Mc:c:hant 1h&111101 escabülc minÎøn&nl or IDlJÚmUm ~OIIlIItOIIa. on MIcs "-'Í_ (\) claiml. ~fenaes. tlr,N1II. O:tJCII IItCI ~. ~1Cn¡ to Ill)' mul Of lelephClM II . coœíciozc !or hoI".oÑI$ wds. ood« lor aoods or MrV'_ of an)' ki:Id. U MffduAc 1ha111IOI ~ uy IUI'dIatae OIIIftIIUdIou by <:arcIhoIdtrs. (c) c:Lt!ms. dttr:ta4. wS _ of aaåOl\ an,:r., from UI"J dltaH vio:ariOtl o( Of laihøc :0 2Ä. AIry &IX requiNd 10 bf coIJ..:f8d ~ dI. Merch.mt :\lust be tncIadtd In CIte lOa! ...'IIICdon comply willi TMII.In.r.-1i:1, 0: odMr 1a.....1III.. or np:adOftt of L'IY SO"""""'", or IIftOI:ftt and not coDeeccd scpamely ht Cub. apncy hlvl"\l Of da!nt1."\8 jlldtdi:doa ill tilt tUIIer. ..111ft .Y act. or.Jn:cwc. mUftI"" ICIItIdon or IIIXI~~ 011111. put of MerchaDI tl1he battl 01 or -=riburas 10 III. 3. VtrIncatIolI s.rnca aI1cpI violation or &l\crc:. and .J.L Mc:TCb&llt WJI c1=It ccb card Cor III vlli<:ity IIJc:i ~ by ~ 10 ita fGImIr for aU (4) upcIIMI of Jllip:on !rtc111CÜ11J _bIC lØOI1ICy's fOOl and I:IY cWnqa l/I4Ior ~oas. penaki;$ Q~ ICIÎmt Bci ill C01IMCÛOII wilt: UK forcIoiD¡. 3.2. WtIcba.'1t l1li111 cJccdc Ct cwnm blues ot lIIe VbI/MNICICard CoacbÎDcd waminC JGImin ~ pctieI\t.Id willi a ,""sacc!oo\ lllat cSots I\Ot ~ift ulborlu:loo. 9. "'-dollS! Materials U Mt:tdIInt dlall axtrcIM III but atroru to racaia &Ad _ lite atd ftom CatdhoIder by U. Bank..'WI ~idt MtrdIan" willlout diua-. ~:Nteti&J ¡1Id.ie&IÎ1I1 Mnch.,,,·, rulClll&ble pe&cdIcI CIIar.a aDd net( ~1iI I IrIll.Kdœ It (I) Mtrdcwlt po.....a ....dc . pantctpatlon III Carel pIaN. MftdI&J\\ I&I"IIOdls?ll} sucIIawft'.aI pooItIi.._tIv al Mcr:III'II', Cud bcarinlan ICCOIØI( number Ulled in !he VIn/MutaCant CambIncd Wamtn& BaIIccJa. or (U) place{') ofbulin.... Merchanl hu RIIOIIabIc poI\DdIla bc:Ucvt that Card II cow..mc. fnødalelll. .... or ta tha 9.1. Mm:bInt I&ftCS 10 lIb all MCaI&U)' SltpllO ;!COllet &lid prtlWYa"" CQpyrt&ftu. tr&4ttnatt, IOACIIiOll of a petIOlI nee .utIcoriz:d to IlK the lime. and ICMcc mllka pmaintn, :0 OIr ,1&.'1' ute! 1CfVIcn. and Mm:1wIt will not :a.c luch m'ltrbl !II 3A. ?w{cr;han: .hlll II« _=.u: a ttuIIIICtIocc UIIIc:a ulhcxizaÓII:IItu boctc pac (wtch die UIJ (orm 1,'111 Could rcllllt i:t !he loll of 1/\)' .1Id: ri¡ica. ~ lçc:c11O cr.courqc: IÙct exccpciOQ of mail ordcrI and wlcplcœM orden) If (I) lIIe IÌCJIaIIII'C oa 1bc Cud cIoa .. çpcv 10 ~0IIDC11O inform and tolièc CIIS:on:cn 10 IlIe: Ihc: C&rd. be tho ._..111. RanallD on 11M saI.. dra1\. (Ü) if die C&rd is _ipcd. or{Üi) CIIIC U1~ the: ~I II uncatIÌß II 10 die idendty øf rice Cttdho~ ""the alllllOrity ofCardboWereo '" the 10. AmeadtntDIS Can!. 10.1. Thi. A¡reemtI\I"..Y be an:ended t'rcmt rin:.1O rime by .alllk U¡>OI: 30 days' ""¡aCll tloci". .1&. Merchaa: sh&II raœlvl ..'Idtlc IUtIIottudon ttocn lIIe C_ It tile IOtal _ 01 tile ala &lid MIt'Chc1t'. Con~nued IdnIIr.ÏtW of tllCIrO:\Îe lI'M$&Øioa rlCOl'ds :0 BaI\~ ahCt' It:e rffective II'InMCIIon uccedl the doliII' IImll&llon Nt by die Bank. It MtteII&nI _Ivc. IIIIhoItadoft 10 dale of an "'MndrnlllC shall bot dMrn...t 10 be M......h&4I·. acc.pUau o! IVCh ,,,,lftdmt:'\l. 0..1- complete tilt trIftIlCdoII of JUCÅ t.OC&l anoant. Mer.:twl1 .h&I.I k¡lbly typIlIIC print !!Ie atIIotiza- ltandirr¡ fccl will chan&c upœ Cll'CalIa:foa by &tiller pIt':)'. don n:unber 01\ the ulca drúl In die Ipproprtac location. APPENDIX "C" , 1 · 11. Coaft4utiIDtJ 4. MctcUat Warm«,. JU. Mad\uCIIMIJDOIdir.:loIctodtirè~Glbc:1IIIn101ÍIC MødIen:', ~nll for lIse Nr,tosc 4.L NadIut wtom,':' .::a tc:I decIronic tI"IatIII:ÛCIII RCGId K'III dvvu¡h the ....m.:J(I} « usialŠdf 11M Madla:s: :ø CIOIIIpI:Iiq Ibc ---=- or a ~ required b.. ·a.... I ......- to JMII: ~ a \OaJjd oWi¡aåon Ioo:rmi by CMdhokI.... fo: ~ ~ by CardIooId...·1 I«OQrI Inl-.... nar ocher per-: WorøMIioII obcailllCl willlovt .be' prior .....IIICI_ III)' ocher taIIOIK III !he ImOIIIIt lei fordl.. wr'.aan -- fill dill Catd!IoIder 0:0 a ~.... "- die ... ckA. 4.1. Marchat IhaIJ DOC t:Ipat lit III)' IraIIUdenIInYOlvlllS cub IdvIllCCf or utClrlcm of CNdIl tot ., JIUlPOIO. U. T annÚladoll U. Madlw lacks knowJedl' ot lilY ~ or ct:cum_ that I\\ay Imra\r l\¡a ....tdlty cd 11.1. This ~t ~ bc--..om~ úf.:d... ""-Ii;:wd ~ boch pant... or QSNi! b)' Mtr-:b:\1 œlJectibŒt)' ()( die ..Ics draft or elCC1l'O:lk: b'uIIml.sion rmxU. ~d accepted by Bank. or rcc:cjvcd by Ma.:!lant &ReI acœptcd!l)' boo./l parJ.. (u cVldenced by I!lf:l 4.4. M~ sbaU DOl pcnnit the use of one card fcr./WO or more 3IIwriOlll \0 avor.: ~C '\lNcqucn\ ~Y\ty pIIrsuaø: bc:cto).llId lIlaC r::t:lain ~!ul;:cr.çc &nd ctTeC! fOl a ;.cnN of ~ tu:horißtioc!:om lIse Center. YH1{I) from 1hc d&t: hcnof. AI:be end of:b;s lcr:rI.1his Açe:r.tcr:t ,btJ a~"U)m,ncll!r rene" or. ...s. Mcrdlant W&lT&I\II &:JC! ~JlRSCnlS to be IOlcl)" cnllled in IÍIC type and m"':JCT of bIIIiness s moodily bali,lIId IhernÍ\er conlinu: i., ~U ~ &Del dcc:. u:II_ cìl!:cr pa..,. :Cr.lIlI:II:1 Ihll illdicllC<! å: It.is A¡reemcr.1 &nd ah&l1 not chaø(e. s:U. IUSpend or modi!JlIbc type IItð _~ of Aaraemanl by ¡lY'''. ~O úys' wri:IC;' noc:òt: to the O!bcr part1. "'~ wi~OUI priOt wnlU!ll COIIIet!( o( BIIIk. Men:lMAt ahsJI immtodlSk!ly eOfi.Iy 8t1"Jc of .I 11..:. In tlte e.....1 WI Bank rtCeives i;1(omo.:òon ¡i..;n. il rnscl'.ÙJe caul: 10 ~:je": ~~:t chaftCC III Ir, owr.ertltlJl or type o(buclMct. Merclwtr I. etI¡:l8cd it! traudulal:. c:-:mi,,~ ot o6cr C\IeslÍCrI*blt xdv::y upo,i"i !hi Bw 10 .U. M.dlanllh.all lIor I'*\dct Ia.accUl'lte Q' 1nc000000!ell dlldosu:'H which Bard: by cprIIc2blt law monct.II')' Iou. lite Bank r.>ay _In.... :hi, ....-.rAm &.'\4 cIow at IU~pend Mtl'tlul\t'1 tnd rer.mÜœ\ II Jequlttd to:uke III bII1lna Cs..-dholder. c;hc.;:\:1ng I<:COIIIIt lm:MdlalCly. :h~ prov!slona 0( 12. ~ ~t.wIlna. AU obll¡atloM of Met. chUlI incur.œ or uildr.g !:II<!cr thI. A~amatt.. ot 11M date of cennJnat!on ,hall &\II'YtYf such Ie:'- 5. "'-'tment and StltU,_t minetion. Upon tcmIinatio:l. M~"dw:t &Çec& l'lllr.~)' to mum all fonn, IIId oÜlfr l':Iawill. 5.1. MucIw:t's prrparuion and presulllllcrll of d~ l:'aIIøc:on recorå UId Ales cIIúb to IUpplicd by Bank durinC die :cr:n of !hil A¡rc;ntcDL This A¡rca1IcnI ./tall be :lIndin, on the Bmk IIIaII çœs(jtllc Mm:hant'1 cøcIonclDCIIl1nd UlipDICIII 0( AIM to BUlk. withoul r=tIIßC puUu hcr.Io II1Ci their RIf*ÚVC 'UC:e&1O!I1IK usipI. Qecpt u othcIwiIc bcRin ~ Beak or itl rqt:aCnlativc il mbøri¡¡cd to pIaœ Madla/It'1 12.3. Mcmwm.m r.prcacn1úÎYC$ of Mc;çbcJI ÈpSÌItC bcnoø b=~)' au:borizcs Bw to obol&in eado:acaIanonlll,..xbHJcsdlVtltll:1~.McrchaatbcRby-rvønociccoldeíuttorftOll. fron! UI'J soun:e lIItomwioa ",hidt ma,. bca:1IpQI: Mcrd-.arrt·s or r~'1 ;:oedi""onhinen or "'~ P'l*5I or notice of ptOtelt, dem&II4 fO( P'ymettl IN! at)' Other demwI or IIoI)Iltoe Ie accaptabUity tor die ßW:. c..r. P:o¡nm. __ wilh Ih!a AJtNIIIIII at lilY ..... draft. Mtmbet MNlty ,..,.. to uMIIGM of lima 11.4. M~ bas m, d~ to ,...,ni.... as--a: ':J'Oft rlta n.~r.- ot o"""e",,;;:o of ~ at~as ftWIoe io or....rIt 1M Card\Iold«wId: _pea to Illy cuch dt.aft orùac:troa\c merchant batIMst. _cdoa NCOrd wlthoat I1recttøI NetI:hat.& IIa!»Uty OIC Illy NrMdJ of Beak __ or 1IcrewIda. L1. Bank IIIIJ' CJIIIJ:În: L'1d \-:rir)' It u:)' ~ :i_ ar. rocorda of Mercban: ;>cr'.&Înmc to s&ics ,.:1. !'I)'CCllu. c::'CC!iu .III:! scnl=: of nc:b itc:u prac:I~ to BaI:k shd111to cøë. into« :brot:,1: :!nrt;a ctW"~ 11_....,. ..'1<1 M~ant aJf"M to ¡r~ I<ICII :wcords L, carbot1 ~F1 en micòV' , COIDIIICRia! ~IdnC ~ wbidr. !>I_bani ...w maÏøca:n wit.'! BIIIk. Kbjo:cs \0 JIrIk's ribll IO\":I)at tor & period of..vm ~cn. rt M_hant ¡, ncåvlnJ .E:ecll'Oftlc O&!& C'P'V" SCM".. CIIItoIt1IIty QOr.IIDcm&1 ~ dIaqts. MctdIc&u ap$ _ to 1ft or to IMU III)' coIJeedoM 1hntoa. ø.c,I" &111\.1)' be S9tâ(ic&!ly .II;. 5.3. Mcrd1aøt aft"1I11It c&IcuI.lCÍOoM 0( aU ilems ~ to 8.a:sk.IH AIIbjec1to audia by 8111k. tboriztd by 8111t. Ù1 the _J of sue!! audloriutloa. IIO'JIin¡ IsIftIr. .haJJ be COIIItNcd 10 Bank hu!he ri¡hr å) IÜb idJllltlaWsfronl &It}' ~rdwIt'l_t hald by BUlk fordeftdetlC1ee CCIIIdum III acCllC1 a¡1\1CllllDt 0( a pIl'J\cnhlp. jo\IIt 'fUIt'Jft Of: U&OåaojOll of U)·Júr.d bt\v.·UII or owrqet u the cue ma)' be. M=hatl md BIRk. .... Butt aItaIl haye lite ri¡ht to rccain and hold for raøsablc pcrioda of time, a pcraøIaII of III)' fwtdIl?f ~ bcld by Bank for Mcrdsanr whidt iD itJ diJm:ôoø cIecmI-.uytoJaIIOII&b(y 1.c. C1soice of Law '"*" Bank apfnIt 1_ thnNch Cadholdcr Rfunds Gr acQuIaDcaÞ. The 1ot_1WIIIt fntat 14.L 'TbIlapecmat:ahall be ÍII!Ctp:Cwd in ,"ord&øoC wic.i QIrio 'a... &lid IÅC rQJ*\iYC ritbll lAc! 1Iœiq cmn. cndit YOGCbm or GCtIcr.cu 0( OI1IÎIIÎoaI 011 thc pm of Metdlent and .. beyond obIiaatioN of aw aIId Møchw _'1 be .-.w ~ 0Ià0 law. wilflo\lt ttptd 10 ll'ÍllCÍpJ.. of dtc mtavl of Bani;. . . . cœtUeu of law. 6.Merdwtc F...: BaaklClw'JeB.ck Ripe, MERCHANT HAS READ Al'"D AGRUS TO ALL TERMSANDPROVISIO~S OF 6.1. M_1Iant cIsc11 \Ie &1...-1 a~)' ctwae fOt dIIIaval1ablHty of..me. prøvtðId tIII'IU&IIt THIS AGREEMENT. 10 Wd I!rIIfIDCr.t 1IDt!1 Man:1wIt notIlIa Bank of Itll:llentIon to tc:mInau: tbt ~ ..._'......~..,......_"u,...._...................' ~~ at lilT tInx 10 dtarce Merchant l\¡arrfor widlout notice i:I all)' litultlon Rlatinc to ItIfI&k ....heR: a) IIXI'ehandÏJC if RNmod or KlVÎCa 8R rcjcçtcd. whctItcc or not . credit 'fWChcr is 4cJivCRd to Buk; . (MERCHNIT¡ b) & mail or ~cphonc on:Icr is dilputed or disclaimed by tile CanØtotda- ""'- 8OCOIInl Is Ã . ~ttc! for aødI diapllwd or ditdtùned ~ c) &I\)' s.aIet IrMIaCtIon ,xaIadJ the doII.at IimIwIOII t'ftlle Catd and Iw not adtwwbc bCIn ........,........... """ ~ " ............. -- ~.." ..........-........-.- audlott:y: A! C !AJ'Io'YNATIOriALASSOCIATION ,) tIN Idee drift II IUqIblc; . ./ I) Ibc IIWIIIU iDput of III cIectI'OIIÎC traIIIaCdOll by MadIant ia inY&Ücl: B . - ~ 11 UIc~dcrdi&¡r'" tile Alc, qulity Ofœlivay fIIllIICIdIaIIdiscOfb ~ Gr S j.z /9/ CIIIoII)' of scrvIca COVInd by die Ala dn."t. IISd Mcm\aaI fall. 10 moI..c Ada ""puce Dace: 2. . "'Ítb 1M CanIIIoIdcr. ~·~t.."..,,~,: .1. "',r,'", "'.-::'·~';"'4~'~"~' to ~ . :... ........ r..,.,.'..J~"'" ~".."'!I'.'~"W".~·,.,-r.~~:1 ; ......1........' ..". ~~...y _.. ,": þ' t, . .~~-' :..~~.;.·~.~.·I.."'..U.·....:......'"t~ ..... ........,1...·. . t .1.', . ~I·· .\ , . ....~ .. . .' "., . ::;¡~N~r ·{)8~113.5'57 . A.tWreø 600 takeview Rœd JSuIteÁ ...... .. --.1 ::~~c~~·_ . 444160:120?O.8861 CttJ Cl~~~er'; .. ..j ::~~~~NumMr ·First.:trn:i.on 8aÞ Flon.da ..,d. ZIp 34616 ".j :::::::. MMUqAcidttll it4ura-.t flW1.~ .. :.;;; ::iiJöòrl:.llalr: Vba QOOO Address same as above .:: ~..... . ..' - .. , I.....·. . ~.. . :'0000,-- . ,...j ....... '. ~I ....I :::~::.: -O-ItDþrlnterlleaedtollltlØerat$ -0- Slate ZIp' ::' ... II. .....1 ,.,. . . naCaJ ree per ana.... per Iø1pr1Dter Otntcr ; ./ :;;':~tmPrtDter1'tldal chteper.alUlUlll: ,. ::s . . -0- M8........ ;;:.; ':'::1 ~~~~,..,.: _'$ -0- OdIet'NerœutCoatact N.!mc;y HlII1"'I«Xrl. Mel Or~..::-;j~;:¡ .~~~..~.. b1.11 payutq..setvice··....··, .:f',a:: __ ... ... ...., :~~~.... ..... TcIc.....eNo. 1-800-:289-1626 ....'.....; :~. '.. Debit Card TnllMdloft Fø: . ..' . . ........ ~:I .,........ . . ~ . .. . . . . . ....... .. . '. ,. ~I'd Dbcooot Rate:- VIII DbcID4Inc Ratr.. . ., J ~~lttÐås..1f tivn 8931 . . . ...... ...~; ....... . ... ..., . .--:--' AIItborlJatSOII SerYke Ddl9CI')' MoÐdøaI1 )'eeI;.. .,...,., ..j ~!'~............... . OVakc Maafld,V"$ ., . ...~:. ....,·4Itc...~t'^...!.-·,. . a "4'" ~...IftIe.C.lfw A.l.U Mcmbl, Pee $ .. : .,: .:' '" "j t.....·...'...r.·...·'.....·- ~ . .... .... .." ... ............ t,·.., .. <f-' ....,. .....,.. I·.·..... t ."......... ~ .., 63$78-1'6189 APPENDIX '.C" ._M...,.., .. 2 . . i'U) L {'i J.J f'] L ... J. lV ~ANA~AßU D~ßY~~~D AVK~~M~NT . . Am"Odm~~ signed this dsy of FeðRallRj . 193Lbetween ~O,c)~ll~C€ PlJt ~¡¿lJr(.~s. (hereafter referred to "Merchant") and Ameritrus'. Company ational Association, 900 Euclid Avenue, Cleveland, Ohio·44¡Ol. .. 15.1 If the total amount of any sales transaction is in excess of .e. dolle.: limitation imposed from time to time by Bank, Herchant will conte.ct Bank : authoriza.tion facility and obtain Bank's ~pecific authorization. to d r"!:....J sales draft relating thereto, and such authorization will be :1cteò b: ~jerch8.nt in the appropriate place on the sales draft. Obtaini;¡g suç: authorization does not relieve Mercha.nt from risk of cha.rgeback. f,oir: ~ :-'. ¿ rlegative verification response is given, the Herchant must not co:np:ete ~ ~ . "".."': t :" a n sac t ion I and if instructed by its authorization me:nber to picx '''': :-; ::¡ ~ card, it should do so by reasonable and pea.ceful means, notifyi:;g thE a\l~horization member when t.he card 1.S recovered a'nd e.sk for !t.:~':hl!: ins t r\1 C t. ion s . - 1.5.2 Herchant shall not receive any payments from e. cardholder with :-esr~,:·· '.:0 cha.rges for me).'chandise of services \-Inicn are i ncl·.1de¿ on (¡. sales ¿ ,-:=. ;. . ~... . resulting from use of a card, :5.3 Bank shall have the right to automatically termir,a.te this ag::-eemêr;~ ~.'i thout notice if Merchant has not offered to Banl, a sales tre.ns~cT:.icr. :cr ( ~eriod of one year or if any of the covenants of this agreement are viclê.teè .:.:.4 Bank or Herchant shall have the right to terminate this &gr~em~n~ ~t R~: t il!H~ \01:' th 30 days written notice to the other party, the provisio~s of ! {: . ; nC' t.,.. i to h s t nndi ng . : 5 . 5 Ne rchant 'of i 11 lIse the terminals in accorda.nce wit.h Bank's instruc.t.! Gr.- c.nÒ h' ill authorize all sales ma.de on Qua.lified Cards through thE: t~rrr.inal :-ege.rdless of the dollar amount. The authorization code must be reÇ.~:-èed c: the se.les dre.ft or transaction record. 15.5 !~ Merchant uses a third party terminal provider, the provide:- oeco."':1e! its agent for deli ver)r of 8.11 Visa transactions to the Bank .....ia.. Vis~ Ne t· The Merc.hant assumes full responsibility a.nd lia.bility Îor ó.nï f a. i 1 ''':' r €; ~: this agent lo c.omply with Visa Operating Regulations including aC".y v:~le..t:'Q: which results in a chargeback to the Bank. 15.7 The obliga.tion of the Ba.nk to reimburse the Herchant for ~he v ~ }. ''':' ~ c: Visa transactions captured by a third party terminal service agent 15 : i ii1 i -r:.e: to the amo\tnt (less applicable discount) received by. Visa Net c,... r -, r.:-.a· I.. .. .J of. agent. A}!ER~HPANY NATIONAL ASSOCIATION f.ð"&~ c¡:.}. )(" On j ,~. '.~~ ...(.;0 B ,;;;27k..- '_;J L. (mercha. t) By: X~/~ By: By: , APPENDIX "C" 3 . . TRANSACTION PmtPTING SEOOF.HCE I. CARD SWIPE- BEGIN PREDIALIHG & RECEIPT PRINTING (ITEMS a - 9). 2. PROKPT FOR CLERK ID NUtlBER (2 DIGITS>' 3. PROKPT FOR INVOICE NUtlBER (16 DIGITS). 4. PROMPT FOR DEPARTHENT NUtlBER (3 DIGITS> 5. PROMPT FOR TRANSACT ION AtlOONT. 6. CALCULATE CPS SERVICE FEE AHOONT BASED ON TRANSACTION AtlOONT (CPS SERVICE fEE SCHEDULE>. 7. fORMT AlTI'HORIZATION TRANSACTION BASED TOTAL AMOUNT (TRANSACTION AtlOUNT PWS CALUCLATED CPS SERV I CE fEE). 8. Ð:EClJ'fE TRANSACT I ON A ITER OPERA TOR DEPRESSES · EtlTER' . 9. PRINT TRANSACTION RECEIPT AUD DISPLAY FOLLOWING DATA: - Ð<AMPLE: MONDAY APRIL 8 1991 4:30 PH CPS- CiTY OF CPSttRAFFIC 1234 MAIN STREIT ANY ~ USA 99999 (613) -9999 MERCHAtIT I 12345678 TERMINAL I 1234567890 CLERK: 12 DEPT: 1234 INVOICE: 1234567890123456 HlC 7687374936298439 12199 AIJTHORIZATIOH: 763487638 AHOUNT SIOO.OO CPS SERV I CE FEE S 2.50 ------- TOTAL AHOOHT sI02.50 SIGNATURE X I AGREE TO PAY ABOVE AMOONT ACCORDING TO TilE CARD ISSUER AGRE£l1ENT. ---------------------------------------- SIGNER HEREBY AUTHORIZES C.PS TO TRANSfER FUNDS frot THE ACCOOI-rr DESIGHATEOA8OVE TO THE GOVERNMENT NAMED AND PAY A CPS t~~l- REFUNDABLE SERVICE FEE FOR THIS TRANSFER. Sf:rrr.EHFNf PROCEIXJRE I. FUNCTION SELECT SmLEHOO, PRINT BATCH SUHHARY REPORTS IN fOLLOWING fORMAT: - OOHPLE: MONDAY, APRIL M991 4:30 PH CPS- C Tl Of C RAFflC MERCIIAHT I 12345678 TERMINAL' 1234561890 BATCH SlIKHAR)' REPOk1' I CRD ACCOONT I AUTH TYPE AMOOHT CLERK INVOICE SERVICE FEE 1 Ii 1234567890 044567 S $ 25.00 013 667346 $1.25 2 V 7687989699 787378 S S100.00 012 76746 $3.75 3 V 7657546590 345245 S s 75.00 012 64565 S2.5O ..................1.............11 GOVERfIHEHT TOTALS: MASTERCARD: I $ 25.00 VISA 2 $175.00 OTHER 0 $ .00 TOTAL 3 s200.00 ...............11...1....1......1. EXHIBIT 1 Page 1 of 2 - . . . CLE:R[ ~.lK!iARY REPORT ............1.11.11.1............. CLERK: 012 HASTERCARD: 0 $ .00 VISA 2 $175.00 OTHER 0 $ .00 TOTAL 2 $175.00 .................................. CLERK: 013 MASTERCARD: I $ 25.00 VISA 0 $ .00 OTHER 0 $ .00 TOTAL I $ 25.00 .111111111....11.11.11111111...11. GOVERNMENT TOTALS: MASTERCARD: 1 $ 25.00 VISA 2 $175.00 OTHER 0 $ .00 TOTAL 3 '200.00 .......................1.......... CPS TOTALS: SERVICE FEES 3 $ 1.50 VOIDED 0 $ .00 111..........11..............1..11 BATCH TOTAL 6 $201.50 ..........I..~..i.....I....I.....1 DEPI,~1'KEnr SUMMARY REPORT ....1111.........1..............1. DEPARTMENT: 123~ MASTERCARD: 0 $ .00 VISA ... $175.00 l. OTIIER 0 $ .00 TOTAL 2 $175.00 ...........11.1.1.1111.......1.11. DEPArmtOO 4567 MASTERCARD: I $ 25.00 VISA 0 $ .00 OTHER 0 $ .00 TOTAL t $ 25.00 .......11..1...111.11111111....... GOVERNMENT TOT~,LS: MASTERCARD: I $ 25.00 VISA 2 $175.00 OTHER 0 $ .00 TOTAL 3 '200 .00 ..................1............... CPS TOTALS: SERYICE FEES 3 $ 7.50 VOIDED 0 $ .00 .1111.1......111...11.......11.1.. BATCH TOTAL 6 $207.SO ..1.11111.1'.._.'1.....11111.1..1. , EXHIBIT 1 Page 2 of 2 · (8) Metal bars on the windows of commercial establishments. commissioner Andrews discussed his concern about the appearance of metal bars on various establis~~ents along West Atlantic Avenue. If not included in original elevations as part of the design element, they are there illegally and Code Enforcement should cite them. Delray Merchant's Association has taken it on to encourage business owners to remove the bars. The Commission supports Delray Merchant's Association efforts in this regard and ways to improve the appearance of the avenue. - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER §~í SUBJECT: WORKSHOP AGENDA REPORT - MEETING OF JULY 16, 1991 METAL BARS ON THE WINDOWS OF COMMERCIAL ESTABLISHMENTS DATE: July 11, 1991 As backup material for this item Commissioner Andrews has suggested that each Commission member drive West Atlantic Avenue from Swinton Avenue to the 1-95 Interchange. J)sl!