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03-06-90 Special/Workshop CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP MEETING - CITY COMMISSION MARCH 6, 1990 7:00 P.M. AGENDA Commission Chambers 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 doês not provide or prepare such record. SPECIAL MEETING Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida Mayor Doak S. Campbell has instructed me to advise you of a Special Meeting of the Commission to be held in the Commission Chambers at 7:00 P.M. Tuesday March 6, 1990. This meeting has been called for the purpose of considering: 1. Sale of Venetian Miramar Property. A. Proposal for a retroactive extension of expired contract for sale of Venetian- Miramar property with Steve Curic. B. Proposal for purchase of Venetian- Miramar property from William H. Bradley. 2 . Michael Langton Contract on Lobbying for Programs and Grants. 3. Old School Square. A. Letter of Credit. B. Management Agreement. 4. Appointment of One Regular Member (Mayor's appointment) and Reappointment of Two Alternate Members to the Community Appearance Board. 5. Appointment of a Regular Member (Mayor's appointment) and Reappointment of One Regular Member to the Board of Adjustment. 6. Appointment of a Member (Mayor's app0ã;;;, ;0 :;;;:.~::;aCh Housing Authority. Alison MacGregor City Clerk WORKSHOP AGENDA 1. Draft Ordinance Regulating Skateboards, Roller Skates, Roller Skis, Bicycles, and Play Vehicles (City Attorney) . 2. Draft Ordinance Amending the Recycling Ordinance (City Attorney). 3. Zoning Alternatives for Property Known as 8th Street Market located at the northeast corner of N.E. 9th Avenue and N.E. 8th Street (Mayor Campbell). 4. Costs Associated With Moving Into the New Wing, Refurbishment of Vacated Space, and Reassignment of Vacant Office Space (City Manager). . . - CITY OF DELRAY BEACH, FLORIDA , SPECIAL/WORKSHOP MEETING - CITY COMMISSION MARCH 6, 1990 7:00 P.M. ADDENDUM Commission Chambers 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. THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: 3. Old School Square. C. Teras and Conditions- Line of Credit. D. Waiver of Advertising Require.ents for Bid Proposal- Line of Credi t. i I) Î '7.... I - i3~(J)( , Gime¡~~~q~? ~~,~eE=ð6es RV'-'il/ ,I '\.." ~ Q ,,,.,) ,.1 I 1.~nd Ciardc:n$<!) Corpora~!! H~è1dGlju~ers,7033 8,u¡¡(;)'~ 'W3'j (Col":"\~r ç,~ POWtrli¡~~ f., P,!¡imetto P~rk ROòd) 8or",~ Ròlon, FL 33433 (,~07) 392·2822 l1""Dr:~:Dm.,' r¡'f"\ f"'\~''rt'~ :..("I!:I~;:-~.(:-\·- r\.lJ . 1.1 _V,.."\~~.. ~~:~..:.:..:. IN Rt!ERENtE TO AGREE~£NT OF SALE aE!~~EN Ste>,vß Cu::it I __..f "- P'JRCH..:~.S E? I A.!.m Cicy of D~l~ay BeJc~ , SELLER, DATED J - ,. O' Cov ER I~':G '::.;! REAL P ::ì.o?::r;:::,: COì'i}tONL Y K.'\0Yn~ AS Lots 1 and 1.1, ¡Hock D ~. John B. Raids Villas~, Palm 3eaeh County, Delray B~~çh, Florida . _. ...-..,-. TH~ ~NDERSI(;NEC P'JRCHAS'EP, Ai'ì::: St:':'='2. :{SREEY .;"Ç;;-.:E ::') T:iS FOLI.:,)í\~!NG: I h~rQby ~uthorize MëS. DorQth~ S~ver~cn to represent my a¡reem~nt as ~o the negotiating cerms or the adde~¿urn to or~&inal eontrac~. It no fit'ro CQU',rni!;tment is 1':1 pla~e ;is ¡:JH cor\\:r.ac~ terms, ~his . will not pt~c1ude. !!',y ¡:¡urçhas ing th~ prop81' tv, This shl!J.1 be a cas11 A _ f_....__ GettlemGnt O~ Ot befcra April 13, 199O. ~ - - I I / ..._-- ~ - -.. - .. -- ~ ~, ,- ... .' . . . .. - u_ - -- ...-.-- - -- -.- ~. ._--- - ..".---. ~ ,-. -- --' ......- - ---- -- ._- THE ~EREI~ ACR£2~ENT, U?OX !tS EX:C~T!ON ~y EO!H ?A~::~$, IS ¡{F,RZ\'¡ITH ~,0U)E AH IN1'FŒGRAl ?ART OF T1ì2 AFO;-.t.1-¡!-:NTIONSD AGRl::E~fCNT OF SALE. DATED D.....T£D -- - ~ PURCH,,\t:l.~ SELLER :?l~RC!L'\$ E R -...-..- SELLER ~ _...- /" lI:mss A~~~;:;; L \'¡!TN~SS .. -- AG)~!\T /1.r- 3071' 6P I. A · ., (:-... a II,. II,.., (~,":7. '. B~ ~er I' ,..., .' ¡(".,,, ",If',') ,.... \. ~~~ ~\ ~eÛ"~~ 1 ~p ~;b""í't9 .....ll ~'J,.I ~ ' "'-"-"'~""'.'~'" "-".'-:;:"", .'.... I T.omes n ~~II.. ~" n(..al¡ y ~r:c ~ Q :.,." : :-).,,\''\« C;ordc.;n:;Ø CorpOré)l~ HCllCciUM~(;r::, 7û;.;, [k:';':;C.l5,:: V':ð)' ,:CO:ï;cr or i'o",'(::liM C P<lln'';:110 P,~do( Ro!d) Soc.:¡ :\J~C,'i, r-;_ 33,133 (",07) 392·2C122 , ADDENDCM TO SALES~AGRE~MENT IN REl'ERENCE TO ^Cl~EE~mN'r OF SJ\J.)~ ßET\~SEN Steve Curie I fl. -._ , 5~T..Llm. DA'rED February 21, ;990 PURCHASER. AND City of De~~Beach '. ",. COVERING l'UE REAL PROl'J::RTY Cm-!}(ONJ~ '{ KNOi~N AS Locs 1 and 11, Block D .Tþþn B. Reid's_V111age, Palm Beach County, Delray Beach, 'Fla.. - THE UNDERSIGN~I,) i?URCHAS~R AND SELLER HERJ-:'B'{ AGR1~E TO TIŒ FOLLm./ING: Extension of ~he closing dat~ to April 13, 1990. -w_ - ~..._..... , .. -...-.. .- -...-,. ". -- .---......... .._- -- -....- ------. ...~.. ..-----. / '---'" .~ I --------....- ... 1 ......-. .- ~ -....----- - A .. / ~ ".,_.. 0,- . - ".. ...- _r....._______ .. . -....-------. ...----.. - . - ~,-"'- I ...._------- ...... ......----- \ -. .. ..--- ........- ~.... t --..------- ..;...---....-----.- ---.-.- -- - -..-- -". ---- ,., ....- ..-. -..------......----- - ., -.----....-.-.-.--......------...-. THE HEREIN ^GRI::~mmT I UPON ITS E:..U~CU1'!(1N 1}'{ BO:,:\{ ?/d1,'l'I;~5 I IS HEfU!\HTH HADE AN 1NTRIrCl~.1. PAin Ol~ '!'HI:: A1:·O¡~EM!!NTT.CINm AGREJ:!'IENT OF ~:·,U:. . D^'r~D DA TI!/) - X PUi~CHASER. SELLER PliRCHASER SrLLë:R WITl-:ESS ~I¡ 'l'1\'ESS ACENT ,\G:;:NT . -~:.~, ___.__ _ H ._.. "fit. -Î: ft /'. .J ,..., ..' + <.,.,.' '-.,,' ~......'''' ",-.,...." .~. . , .~/ .. - .... _. .- ~... -- - -.. CONTRACT FOR SALE AND PURCHASE PARTIES: THE CITY" OF DELRAY BEAŒ, a Florida municipal subdivision ,("~") 01 100 'NW First Ave., Delray Beach, Florida (Phone 243-7090 ) and Willi Rm H. Br;:Í¿n ey , ("Bwer") of 1009 Nassau Styeet, Delray Beach, Fl. 33483 (Phone) hereby agree that the SaUer shell.." and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively :Property") upon the followln terms and conditions whlc:h INCLUDE the Standards for Real Estate Transactions printed on the reverse or attached ("Standard(s)") and any addendum to this Instrument. I. DESCRIPTION: (a) Legal description of Real Property 10ca1ed in PrI 1 m Rpi'1C"..h County. Florida: ' lDts 1 and 2. 'Rl ðCk D, JCHN B: REID I S VILIAGE, according to the Plat thereof recorded in Pl At Bc10k 21. paqe 95. of the Public Records of Palm Beach County, Florida (b) Street 8c:Idresa, city, lip, of the Property Is: !=;n\1tnp,:¡c:;t (":nr1îpr nf Vpnpti;:m ;:mcì. Mi y¡:may StrP.et r Del Yay Bch. r F¡ (c) Personalty: None II, PURCHASE PRiCE....,.................... ......., ''''''''''. .,......" ,..,.. ........" $ 475.000.00 PAYMENT: (II) Doøo&il(a) 10 ba hukJ I" ascrow lIy ci ty of Celrav Deh. III Il1u "lIIuunl ul $ la, 000.00 (b) Subectto AND a5Sumptlol'l 01 mortgage in good standing in tJvor 01 having an approximate present principal balance of $ (c) Purchase money mortgage and mortgage note bearing annual interest al % on terms set forth nerein, in amount of .."..,.., $ (d) Other: $ (e) Balance to clOse (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject 10 adjustmenls and prorations $ 465,000.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated In writing between the parties on or before ' the deposil(S) will, at Buyer's option. be returned to Buyer and the offer withdrawn. The data of this Contract ('Effectlve Date") will be the date when Ihe last one of the Buyer and the Seller has signed this offer. Jy. i t b financed b a thir art I n r r I obtaining a written commitment 101' the loan within days from Effective Date, at an initial interest rate not to exceed years; and In the Principal amount 01 S· . Buyer wìl1 make application wilhin days Irom Effe'êtive Dale, and use e dìlìgence to obtain the loan com- mitment and, thereafter. to meet the terms and conditions of the commilment and to close the loan, Buyer shall pay all loan Buyer fallt to obtain the loan commitment and. promølly notifies Seller In writing, or after diligent effort fails to meet Ihe terms and conditions of the comml 0 waive Buyer's rights under this subparagraph within the time stated lor obtaining the commitment. then either party may cancel the Contract and Buyer shall be r deposit(s). (b) The existing mortgage described In Paragraph lI(b) above has (CHECK ( 1 : 11 a variable interest rate OR (2) 0 a fixed Interest rate of % per annum. At time 01 title transler some IIxed Interest rates are subjec se, If increased. the rate shall not exceed '" per annum. Seller shall. within days lrom Effective Dale, furnish a statement fro agees slating principal balances. method of payment. interest rate and sl}!tus of mortgages. If Buyer has agreed to assume a mortgage which requires approval the mortgagee for assumption. Ihen Buyer shall promptly obtain all required appli9'~tions and will diligently complete and return them 10 the mortgagee. Arr¡ arge!s) not to exceed $ shall be paid by lif not lilled In, e'~uaIlY divided). II the Buyer Is not accepted tJo¡ mort a requirements for assu'!"ption ~re not in accordance with the terms of the Contract or mortgagee makes " charge In excess 01 the atated amount, Seller or V. TITLE EVIDENCE: At leasl days before closing date. Seller shall. at Seller's expense, deliver to Buyer or Buyer's attorney, In accordance with Standard A. (Check (1) or (2)): (1) 0 abstract 01 title OR (2)Œ:title Insurance commitment. Buyer to select Title Co. *after the Effective Date, 'II. CLOSING DATE: this transaction shall be closed and the deed and other closing papers delivered on SeEnleiit.t~yQi1fdf'wàUSbns of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take tille subject to: zoning, reslriclìons, prohibitions and olher requirements Imposed by governmental authority; reslrictions 1nd matters appearing on the plat or otherwise co~n to the sUbdivision; public utility easements 01 record (easements are to be located contiguous to Real Property lines and 1Ot,more than 10 feet In width as to the rear or fro t lines and 7'10 feel in widlh as to the side lines, unless olherwise specilied herein); taxes for year of closing and subsequent ¡ears; assumed mortgages and purchase money mort ages, if any; other: None Jrovlded, that there exists at closing no violation of the foregoing and none of them prevents use of Real Properly for RM-15 zoning purpose(s), 111I. OCCUPANCY: Seller warrants that there are no parties In occupancy other than Seller, but it Property is inlended to be rented or occupied beyond closing, the fact and terms hereof &hall be atated herein. and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise ;tated herein, II occupancy Is to be delivered before closing, Buyer assumes all risk of loss 10 Property from date of occupancy, shall be responsible and liable for maintenance from hat date, and &hall be deemed to have accepted Property In their existing condition as of time 01 tJking occupancy unless otherwise stated herein or in a separate writing. X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all prinled provisions of Contract in contlict with them. (. INSULATION RIDER: II Contract Is utilized for the sale of a new residence, the Insulation Rider or equivalent may be attached. 0, COASTAL CONSTRUCTION CONTROL LINE ("CCCL') RIDER: If Contract is ulilized for the SFlle of Property affected by the CCCL. Chapter 161, F.S., (l987). as amended. hall apply and the CCCL Rider 01' equivalent may be attached to this Conlract. ' (II. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applic~ble regutations which could 3quire Seller to provide additional cash at closing to meet withholding TeQülrë"ments, and the FIRPTA Rider or equivalent may be attached to this Contract. :/II. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) :¡:¡ may assign OR (2) 0 may not assign Contract. avo SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum ( 1) ~ is attached OR 12) 0 is not applicable, - - - - - - - - - - - THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING, THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. Approval dOÐS not constifute an opinion that any of the terms and conditions in this Contract should be accepted by the parties In B particular ttansaction, Terms and conditions Should be negotiated based upon the respective interests, objectives and bargaining positions of a/l interested persons. COPYRIGHT 1988 BY THE F~OR'!pA ~A~ A:::D .!H~L.2RJEA ~S~OCIATION OF REALTORS, INC, Date Date (Buyer) (Seller) )cla! Security or Tax I.D. II Social Security or Tax 1.0. II ~~ D~ (Buyer) (Seller) ¡cial Security or Tax 1.0. , Social Security or Tax LD, 11 poslt(s) under Paragraph /I received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. ci t..y of TP 1 yay Rch. (Escrow Agent) :OKER'S FEE: (CHECK & COMPlETE THE ONE APPUCABLE) By: IF A USTINQ AGREEMENT IS CURRENTLY IN EFFECT: Selle' agrees to pay the eroke, named below. Including cooperating sub-agents named, according \0 lhe terms of an existing, separate listing agreement: t IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT: Seller &hall pay the eroker named belOw, at time of CloSing, from the disbursements of the proceeds of the sale. compensallon In the amount of (COMPLETE ONLY ONE) L % 01 graas purchase price OR $ . , lor Broker's services In effecting the sale by finding the Buyer ready, willing and able to purchase pureuant to the foregoing ,Iract. If Buyer lair. to perform and deposlt(s) Is retained, 50'" thereof. but not exceeding the Broker's lee above provided, lhall be paid Broke', as fuU consideration for Broker', vices Including costs expended by Broker, and the balance shall be paid 10 Seller. II the transaction shall not close because 01 refusal or failure 01 Seller to perform, Seller shall ! the full fee to Broker on demand. In any litigation arising out of the Contract concerning the Broker's fee. the prevailing party shall recover reasonable attorney fees and costs. i I I , "J'= Fe"~ T"~ m I (firm name 01 Brokei . (name of cooperating sUb-agent} (Seller) 6., (authorized siQnatorvl - ~IANUAHU::i FOR REAL ESTATE TRANSACTIONS ".,';.',::~;'~, ~;..:~:, ~. A, E'lIDENCE OF TITLE: (1) An abstract 01 title prepared or brought current by a reputable and existing abstract 'irm (il not exisling then cerlified as correct bYïn existing firm) ;JUrportlng to be an accurale synopsIs of the Instruments affecting tille to Real Property recorded in the pubtic records 01 the county wherein Real Property Is located, through Effective Dale and whìch shall commence with the earliest pUblic records, or such later datE! as m:ly be CU5tomary in the county. Upon clOsing of this transaction the abstract shall become Ihe property of Buyer, subject to the right Of retention thereof by firsl mongagee "nlil fully p:li(1 \2) A lille insurance commitmenl Issued by a Florida licensed title Insurer agreeing 10 issue to Buyer, upon recording 01 the deed to Buyer, an owners [Jolicy of title insuran-;e ,n tne amO<Jnt 01 the purchase price, insuring Buyer's title to Reat Property, subject only 10 liens. encumbrances, exceptions or Qualilication set forth in this C;¡nlr¡¡ct and Ihose whICh shall be discI1~rg(¡d by Seller at or belore closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifical,ons sel forth In Contr"ct. MMkelable title sl1all be determined according 10 applicable Title Standards adopted by ,1ulhorily 0' The Florida Bar and in accordanca with taw, Buyer ShGil have 30 d"ys, il nb~lrJCt. or 5 days, II Itlle commitment, Irom date 01 receiving evidence 01 title to examine ,I. II tille is lound defactive, Buyer Shall, within 3 days. nOlily Seiler", wrllll'g speedy'n\! O<:I"ctISJ II Ihe c(:lecllsi render IllIe unmarkelab'e, Seller will have 120 days Irom receipl ')\ notice wilhin which \0 remove the delect(s). tailing which Buyer sl1all hiJve Ihe OPllon 01 etlher ilcc(:ptil1g the lille as il then is or demanding a refund of deposit(s) paid which 5hOII immediately be returned to Buyer; thereupon Buyer and Seller shall release one "nOII·,,,r 01 ail lurlher oblogalions under Ihe Contract Seller will. if title is found unmarketable, use diligent effo,t to correct defect!s) In title within the time provided mcrclor. "'clu(M,? Ihe t'rt'''J"''> 01 n"ccssaf'! Slllls B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A DurCI1()~e money mOrlgaga JncJ mortgage note to Seller shall provide lor a 30 day grace period in the event o( de(aull il a (irst mortgage and a 15 day grace perloc tI i, S"CO,1(~ or less(,r 1I'.r,rI'J"';),". Sh,lll ¡)fOVICI¡; lor righl of prepayment in whole or in part without penally; shall not permit acceleration or interest adiustment in event of resale 01 RQi\1 PrOperly Sl1illl r0'4l!'r0 ;,Ii prior lien "nc\ '!ncumbrances to be kepi in good standing and forbid modifications 01 or luture advances under prior mortgage(s): and Ihe mortgage nOle and securtl'i Jgreernl'n! sh,,11 I)C othwwlse in lorm and contenl required by Seller; but Seller may only require clauses customarily found in mortgages, morlgage notes. and securlly agreem0n:s gcncr,:1lly ulrllzr,d 1)'1 5,:1vII'9 "nd loan institulions. or state or nationaf banks located in the county wherein Real Property is located. All Personalty and leases being cOl1veyed Or :"is'gnec '/1,11.",1 Sull'J(s o[)ho" be s"blecI 10 Ihe lien of a security agreement evidenced by recorded linancing statements. If a balloon mortgage, the final payrT)enl will excccc: :11'-' r:,,'rt(~(¡'C ¡J"ynH:t!IS 111"""", C. SURVEY: Buyer, at Buyer's expenso. within time ¡¡lIowed 10 d0.I,v'·' "wl,,,":'< "I 1>11" ;,,1'1 I" """"""" ';:11'"'. 1f':1y h2V'-' Re,1I Propcrty surveyed and certified by a regislered Florida surveyor, II survey shows encroachment on Real Property or 111at impr'J'I',""~IIIS 10C"Il:U on ri,'.-tl f'r0pc" Iy ,-,ncrO,lcl1 on selback I,nes, easemenls, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation,Jhe same Sl",:t constItute a tllle cc,locl D. TERMITES: ,,~~~~ "C·,"" , '^ - . ~ ._, - I Operator to determine il there is any visible active termite infestallst! or v'slbiC exrsllng cJacnJge Irom lermite inlE:stallon in Ihe improvem are will have 4 days Irom date 01 written notice thereof, within which 10 have all d<1mages. whelher v'slble or nOI, ins 0 y a licensed builder or general contractor, Seller shall pay valid costs 01 treatment and repair of all damage UP to 2'" 01 plJchase """o..$I"õ':Cf we COSIS exceed Ihat amount, Buyer shall have the option 01 cancelling Contract within 5 days after receipt of contractor's repair estim ''''T',...,-¡¡,en nO!lce 10 Seller 0r Buyer may elecl !O proceed with the transaction, in which event 8uyer shall receive a credit at closing of an a 0\ Ihe Ireatmen' "nc repa,r es::ma'e IIot :n excess 01 2", 01 tile purChase pric.e. "Termites" shall be deemed to include all wood el:ll:li,ed lð be. ,G¡)o.kdu...j". II,,, rtu,iJ" f".1 C"''<'v' :>.., E, INGRESS AND EGRESS: Seller warrants and rcpresDnts that )llf(C ,S II";r..," ,",<) <.'TI:'.:; :0 111<.' ri0.:1II'I(¡Jr"ly sutllclcnl lor the intcnded use as described In Paragraph VII hereol, title 10 which is In accO/dance wilh Standard A, F, LEASES: Seller shall. not less than 15 days before closing, lurnlsh !o Buyer cop,es 01 all wrrtlcn leases and eslùppel letters from each tenant specifying the nature and duration 01 the tenant's occupancy, rental rates, advanced rent and secuflty deposlls pa,c by lenant. II Seller is unable 10 obtain such leller from each tenant, the same Information shall be lurnished by S~lIer to Buyer within that time period in the form 01 a Sellers aff¡davl!. and Buycr may Iherea1ter contact tenants 10 confirm such information, Seller shall, at closing, deliver and assign all original leases to Buyer, G, LIENS: Seller shall furnish to Buyer at time of closing an al/idavti Jtlesting 10 lhe absence. unlcss othcrwise provided for herein, of any linancing statements, claims of lien or potential lienors known to Seller and further attesting Ihal there have been no improvemcnt. or rcpairs to Properly lor 90 days immediately preceding date of clOsing, If Property has been improved. or ropaired within that time, Seller shall deliver releases or waivers of mp.chanics' liens elecuted by all general contractors, subcontractors, suppliers, and materialmen ,n addition to Setler's lien affidavit setting lorth the names of all such general contractors, subcontractors. sllppl;ers and male rial men and further affirming that all charges lor Improvements or repairs which could serve as a ba,is for a mechanic's lien or a claim for damages have been paid or will be paid at closing, H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or olher closing agent designated by Seller, I. TIME: Time is of the essence 0' this Contract. Time periods herein of less than 6 days shJII in the computation exclude Saturdays, Sundays and state or national legal holidays. and any time period provided for herein which shall end on Saturday, Suncay or legal holiday shall exlend to 5:00 p.m. 01 the nexl busine!:s day, J. DOCUMENTS FOR CLOSING: Sefler sha'lI furnish deed, bill of sale, mechanic's lien al/idavit, assignments of leases, lenant and mortgagee estoppellellers, and corrective Instruments. "]G, ~·.!III f~,;~h closing statement, mortgage, mortgage note, security agreement. and financing statemcnts. K. EXPENSES: Documentary stamps on the deed and recording correclive IIlslr'Jmenls sr,iJlI I)(¡ paid by S(:ller. Documentary stamps, intangible tax and recording p'.Jrchase money nortgage to Seller, deed and financing statements fhall be paid by Buycr, ~. PRORATIONS; CREDITS: Taxes. assessments, rent. interest, insurance and other expenses and revenue of Property shall he prorated through day belore closing. Buyer shall have :he oPtion 0' taking over any existing poficies of insurance, if assumable, in which event premiums shall be prorated, Cash at closing shall be increased or decreased as may be 'eQuired by prO/at Ions. Prorations will ba made through day prior to occupancy if occupancy occurs bcfore closing, Advance rent and security deposits will be credited to Buyer and ~scrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on Ihe curren' year's tax with due allowance made for maximum allowable discount. 10mestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment Is available, taxas will be prorated based JPon such assessment and the prior year's millage. If current year's assessment is not available, Ihen taxes will be prorated on the priq year's tax. If there are completed improvements )n Real Property by January 1st 01 year of closing which improvements were not in existence on January 1st 0\ the prior year thèn taxes shall be prorated based upon the prior ~ar's millage and at an equitable assessment to be agreed upon belween the parties. failing wh,ch, request will be made 10 the Courty Property Appraiser 10/ an InlO/mal assessment :aking into consideration avaUable el\emptions, Arty tax proration based on an estimate may, at request of either Buyel or Seller, be subSequently readjusted upon receipt 01 tax bill In condition that I' statement to that effect is in tha closing statement oA, SPECIAL ASSESSMENT LIENS: Certilied. confirmed and ratili.,d spp.ci..1 ~ssessmenl liens ag 01 date 01 clOSing land not as of Eflective Date) are to be paid by Seller. Pending iens as 01 data of closing shall be assumed by Buyer. ( the improv!:menl has been subslilnllillly completed as 01 Effective Date, such pending lien shall be considered as certified, :onfirmed or ratified and Seller shalt, at closing, be charged an amount equal to the last eslimale of assßssmenl for the improvement by the public body. ~. INSPECTION, REPAIR AND MAINTENANCE: Jo not have any VISIBLE EVIDENCE of leaks or water damage and that Il1e seplic tank. pool. all major appliances. heating, cooling, alectrical, plumbi s Inery are n WORKING CONDITION. Buyer may, at Buyer's e~ense, have inspecllons made of those Ilems by an approprialely Florida license In the construction, repair or flaintenance of those items and shall report in writi g to Seiter suCh Ilems tl1al do nol meel Ihe above standar ogether with the cost of correcting them, prior to Juyer's occupancy or not less than 10 days prior to: cfosing, whicl,ever occurs flfst Unless Bu p _ 0 defects within that time Buyer shalt be deemed fo have welved Seiter's varranties as 10 delects not reported. ( repairs orl replacement are re uir v' I pay lip to 3~, 01 the purchase price lor such repairs or replacements by an appropriatety 'Iorida licensed person selected by Seller. " 1M cost IfS or replacement exceeds 3'" 01 the purchase price, Buyer or Seller may elect to pay such excess. failing which >lther parly may c¡¡ncel this Con IS unabie to correct Ihe defects prior 10 closing, Ihe cost thcreof shall be paid into escrow at closing. Seller will, upon reasonable , . , , . Between Eflective Date :lnd the closing, Seller shall maintain Property including but nol limited to the tawn and shrubbery, In the condition arranted, ordinary wear and tear excepted. Buyer shall be permitled access for 111spection of Property prior to closing in order to confirm compliance with this Standard. ). RISK OF LOSS: )I Ire I'r6$ert] i8 åel'l'lageå ¡¡', fife ar etkef eÐGu~lt] l:Jele.re e'eGj¡,~ f,ne :œI I:lmaged, cost 01 restoration shall be an obligation 01 Ihe Seiter and c1os\l1g sh:lll proceed pllfsuant \0 Ih" S s escrowed at closing, ( the cost ,{ restoration exceeds 3% 0' the assessed v I ~ , ' lIy€:r shall l1avß the option of either taking Property as is, logether with either the 3% or . .. , I '. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shnll bc recorded upon cleilrance 01 IU',ds II ðhslfacl. evidence 01 lille shall be continued at Buyer's expense 10 show tie in Buyer, without any encumbrr.nces or change which vlould render Seller 5 1,IIe unm2r"el2ble 1'001 Ihe dale 01 the last evidence. Proceeds 01 the sale shall be held in escrow y Seller's allorney or by such other mutualty acceptable escrow agenl lor a pe"vd 01 no! IC"JDr IhJI1 5 CilYS Irom and alter closing dale, 1/ Seller's title is rende,ed unmarketable, 1fough no lault 01 Buyer, Buyer shall, within the 5 day pertod, 110lcly Seller '" v!rt!,ng 01 !he :ic·lecl 211(1 "",,IIQr shall Mve 30 days from date of receipt of such notification to cure ,e defect ( Seller lails to timely cure the defect. all deposltlsl SllJ11 Llpon v",ttun demJI1eJ by Buyer Jnd 'lI:lh", 5 days afler demand, be returned to Buyer and simultaneO<Jsly with u.:h repaymenl. Buyer shalt return Personalty and vacale Real Property anc recol1vey II '0) S'õl,ê' 8y spec,;;1 "Iarranly deed If Buyer fails to make timely demand lor refund, Buyer ',all lake title as is, waiving alt rights against Seller as 10 any il1!er,e'"n<:; c!cIßc! e>cc~: ,"5 "':ly Dr? ;"""'¡ÐIJ:~ 10 Buyer by wlue 0' warranties contained in the deed, II a portion I the purchase price is to be derived Irom inslitutional lin¡lI1Clng O( r~III1c'Kln9 rcqU,(e"1~"5 ';' ::1e :'õ,'cll"~ ,,'SloIul,on as to place, time of day and procedures lor closing. and tor Isbursement of mortgage proceeds shall control over contrary prC",'OI1 :11 1'1IS Cont'ac: Selic' 511:1/1 1',IVo, :he ('9C,1 10 reOUlre Irom the lending institution a written commitment that will not withhold disbursement of mortgage proceeds JS a reSt,q a: :I"Y 1'::(, el[:10cI [,::,:)",,,,,1., :0 8u,'" 'c"0,:,!~~or TI1Û 8scrO·N and closing procedure required by this Standard (<lY be waived if title agent insures adverse matters pursuanl to SecI'G" IS 2 7 7 841. F S I Ic)ß 7: "" ;''''0C/JN: I. ESCROW: Any escrow agent r·Age"n receiving Iunds or eqUlvollcnl IS i1ul11ortzed aoe: J)'ccs 8y ,lCC2PI¿II1Ce 01 P,cm 10 depostl them promplly, hold same in escrow end, subject ) clearance. disburse them in accordance with terms and condilions 01 Conlr2CI Failure (;1 ::0:1' "nce o! lunes 51,,,11 not excuse Buyer's perlormance, II in doubt as to Agent's duties r tiabilities under the provisions Of Contracl, Agont m:ly, at Agellls 001'011. conl,lIue to 110'<'! :I',e sul,:<.:cl :",;\Iter 01 Ille escrow until the parties mutually agree 10 its disbursement. r unlil a judgment o( a court of competent jurisdiclion shall delerI11,,'e Il1e ,,<:;/115 01 1'11: 8;"t'~S or Ar;l'''1 may d"oOSII wilh lhe clerk of Ihe circuit courl having jurisdiction 01 the ,~pllID, Unon notityil)( :'III parlies concerned of sllcl, aclion. ,,11 11.11)II"y nIt 1111' 1'''''1 rJI AUf'"1 "",,11 1,,11'/ 1"'II1111.1IC, ,'xr.cnt 10 the nxlcnl of accQLfntil1(J for any items previously delivered II of w;c~nw. 11:1 lCell~ocJ /0:11 (!sl;lh~ blf)k(~,. ^fJcnl will C~()mlly VIii I I lIliVl:;HJlI', ¡If CILIi':' .', r', ~I'IH/J. ,I' .1I1Ir'rld'~tJ. ^IlY sllillJ!lw(~H1 Ouyo, :1nc'1 Soller whoro Af.1ml is m.1clc parly IJUCilU:)U of ucling us AYCIII hcrcunuur, or ill ~l\Y ~lIiI W!I-'WIII ^VL-'Id 11111:r¡II~;I(h :111 ',¡di!"LI 111.'iltl·1 ¡If !IIt., 1;:-iC1uW, AUt..',,1 ~";III re(;over rc~sOl1l1blu tltlornuy's lees w'ld cosls curred with the fees and costs to be charged and assessed as COLirt cost. In lavor 01 tile IJreVil,III'g P:trty P"rties agree Ihal Agent shall not be liable to any party or person Ir misdelivery to Bwer or Seller of items subject to this escrow, unless such misdelivery IS clue 10 'II,:llul breaCI1 01 Contracl or gross negligence 01 Agent. ATTORNEY FEES; COSTS: tn any liligation arising out of this Contract. IIle prcvailing party ShJl1 bc cnlilled 10 recover reasonable attorney's fees and costs, FAILURE OF PERFORMANCE: II Buyer fails to perform Ihis Conlr[Jct willl,n Ihe lIme spnc"""J (I"cllidlnr] paymcnt 01 all deposit(s)), the deposit(s) paid by Buyer may be retained I or lor lhe account 01 Seller as agreed upon liquidated damages. conslderaliOn lor Ihe excculion 01 Ihls Conlract and in full selllement 01 any claims: whereupon, Buyer and Seller 'all be relieved 0' all obligations under Contract; or Seller, at Sellers option, may proceed In eqlllly 10 enforce Seller's rights under this Contract. If, for any reason other than failure Seller to make Seller's title marketabl3 aller diligent effort, Seller lails, neglecls or refuses to perform this Contract, the Buyer may seek specific perlormance or elect to receive e return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither Ihis Contract nor any noticD 01 il shall be recorded in any public ,ecords, This Contract shall bind and Jfe to the bene'it 0' the parties and their successors in interest. Whenever the conlext porlnds. singlllar shall include plural and one gender shall include all. Notice given by or the attorney lor any party shall be as effective as if given by or to that party, CONVEYANCE: Seller shall cOOlley title to Real Property by ~ warranty, tftJslee:!\;-Øef5GAaH'~tive's or 10'''''.;1;",,':, deed, as appropriate to the status 01 Seller, subject ¡Iy to matters contained In Paragraph VII and those otherwise accepted by Buyer, Personalty shall. at reQuest of Buyer, be translerred by an absolute bill 01 sale with warranty title. subject only to such metters IS may be otharwise provided lor herein, OTHER AGREEMENTS: No prior or presant agreements or representations shall be binding upon Buyer or Seller unless includad In this Contract. No modllication or change In s Contract shall be valid 0/ binding upon the parties unlass In writing and executed by the party or parties intended to be bound by it. WARRANTIES: Seller warrants that there are no lacts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which ve not been disclosed to Buyer. , Copyright 1988 by The Florida Bar and The Florida Association of REALTORS, Inc. ...... . .', . '" , ,. ~ ' " :;:<;j.·2f~, . ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: THE CITY OF DELRAY BEACH BUYER: WILLIAM H. BRADLEY PROPERTY DESCRIPTION: Lots 1 and 2, Block 0, JOHN B. REID'S VILLAGE, ACCORDING TO THE Plat thereof recorded in Plat Book 21, Page 95, of the Public Records of Palm Beach County, Florida. A. This Agreement and the closing hereon are subject to and con- -tingent upon the Buyer obtaining a satisfactory environmental audit of the property, and replatting of the property and site plan approvals(conforming with all city zoning codes and or- dinances} from the Seller allowing for 15 zero lot line lots accommodating 15 residential townhouse units in a configuration reasonably acceptable to Buyer, and to all other approvals from City agencies and boards required preliminary to issuance of building permits for said 15 units. The Buyer and/or Seller agree to use all due diligence to submit, follow up on and/or process applications for such approvals, such applications to be made at the sole cost and expense of Buyer. While Seller shall cooperate with the Buyer in processing such applications, it is agreed that Seller, its agencies and boards reserve the right to disapprove of any plat, plans and applications submitted by Buyer during the review process, without pre~udice to Buyer to resubmit amendments to resolve any conflicts; a provals or con- - ditional approvals, once given, may not be subßequently revoked prior to or upon closing of this transaction. . The Seller/City and its boards and aqencies may condition their approval only on actual closing of the subject transaction. In the event such approvals can not be obtained on or before the closing date des- pite the due dilligence each party agrees to use in submitting and process~g approval applications, this Contract may be can- celled by ei er party hereto in which case, Buyer's deposits shall be re turned to Buyer. B. 45 DAY RELEASE CIAUSE If a rrore acceptable offer to this property is received by Seller, Seller can honor that contract by giving Buyer 45 days notice in writing, attaching copy of said offer. Buyer has 45 days from receipt of notice to close on property or his contract shall be deerœd null and void and all deposits returned to Buyer. ~ (' This transaction shall be closed 10 days after resolution of the contingencies C: set forth above but, in any event on or before 6 rronths after the Effective Date hereof, provided, however, that if Buyer has diligently pursued resolution of contingencies, Buyer at his option, may extend the closing for up to an addi- tional 60 days in order to obtain any approvals that, despite Buyer's best ef- forts, could not be obtained within the original 6 rronth period. I CITY OF DELRAY BEAŒ William H. Bradley By , I I . -.".....- , .. - '-., RECEIVED'1 [iTY OF DELAR' BER[H .. i MAR 0 1 90 FIRE DEPARTMENT COMM. SVCS GROUP MEMORANDUM TO: MALCOLM T. BIRD, INTERIM CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: JANUARY 8, 1990 SUBJECT: HISTORY OF 50/50 E.M~S. MATCHING GRANTS The Delray Beach Fire Department has pursued State E.M.S. 50/50 matching grants for the past several years. Our initial effort to receive a 50/50 matching grant was for a total of $30,000 in fiscal year 1988-1989. This money was matched by the City for the purchase of one paramedic rescue vehicle. The experi~nce gained from our first attempt assisted us in pursuing a $65,000 matching grant for two rescue vehicles in fiscal year 1989-1990. Research was conducted by the Delray Beach Fire Department to develop a "needs" and "purpose" statement as well as an "evaluation" with supporting statistics to justify the grant. This work was complied by Fire Department staff and the application was prepared as an in-house effort. Denise Folick, a representative from Langston Associates, interviewed me on March 9, 1989 concerning general grant history information and she inquired about our application process and anticipated needs. However, it was made clear that we were already in the grant preparation process at that time and we would finalize the application. We sent a copy of the application package to Langston Associates in Jacksonville, Florida. Representatives of Langston Associates then apparently transferred our data to a folder representing Langston Associates and forwarded seventeen (17) copies to Tallahassee and returned a copy for our records. During the ensuing months, several conversations were held between this department and a grant review committee member from the State HRS/EMS Division Office. These conversations in turn brought up questions in reference to statistical data and the actual operation of the requested rescue vehicles. These inquiries from the State were in late July and early August, 1989 and were handled directly by departmental staff. FIRE DEPARTMENT HEADOUARTERS- 101 WEST ATLANTIC AVFNIIF _ m:1 RdV RFA(,,~ FI nQU,^ "1"1........ ~ I ~ . ~ . ~p 2 I History of 50/50 Matching Grants January 8, 1990 Page -2- , It was our understanding that grant approvals were to be announced on August 1l, 1989. However, that was delayed for some time prompting numerous telephone calls by our staff requesting information on the status of the grant awards. We were finally given verbal notice of the award on October 6, 1989 and it was a week and a half before we received verbal confirmation from Langston Associates. We received written approval of our grant application October 18, 1989. We returned the grant agreement to the State signed by Mayor Campbell on October 25, 1989. It was received in Tallahassee November 1, 1989. Approximately, thirty days later we received a check for the State's portion of the 50/50 match. y~ ß. \tv . Kerry B. Koen Fire Chief 'KBK/tw I cc: Douglas Trawick, Division Chief ¡ I . t- . 1 - --- ~c:."ba~ . MEMORAN.DUM . TO: Malcolm Bird , Interim City Manager FROM: ~avid M. Huddleston Director of Finance SUBJECT: Langton Associates-Future Association DATE: August 31, 1989 The original intent of hiring Langton Associates was to afford the City an opportunity to benefit from the funding and grants experience of such a firm while our in-house person could familiarize himself with our system and its needs. To this end I believe we have met our objectives. Langton has completed a needs assessment and has submitted (with staff assistance) a proposal to the State Emergency Medical Services for a matching grant of $65,000 for two(2) rescue vehicles. Mr. Randolph, our internal Grants Administrator, started with the City on May I, 1989, and has made excellent progress and is actively involved in a variety of projects which could prove to be financially beneficial to the City. In view of the above situation and our rather tenuous budgetary situation for fiscal year 1989-90 I feel it would be appropriate to not extend or renegotiate our current contractual agreement with Langton Associates. Their present contract ends on October I, 1989. I would concur with Ms. Butler that our in-house person is more than capable of conducting the City's grants needs program. In the relatively short period Mr. Randolph has been with the City, he has taken the initiative in determining the current and future needs of each department and has located specific funding sources for review and consideration. He has developed an excellent rapport with the Department Heads and other staff members. He is analytical in his approach and supportive in his presentation. Through both verbal and written communication he has established himself as the City's resource person for outside funding alternatives. Mr. Randolph has developed a Grants Reference Library (Attachment #1) which he updates on a monthly basis and sends to each Department Head for review. Mr. Randolph has not limited himse If to researching only the more typical sources of funding. As requests come in from the staff (Attachment #2) he is being creative in seeking funding alternatives. His research includes investigating local foundation and Corporate support. ~ , . ~ . f . . . Mr. Malcolm Bird August 31. 1989 Page Two . Currently he is involved in discussions with various financial institutions to provide low interest rate packages to assist low income families to secure mortgages for our Co.-unity Development Programs (Allamanda Gardens). Attachment #3 is a spreadsheet which is updated monthly to provide an overview of project activity. In addition to seeking new funding sources. Mr. Randolph has devised a Grant Description Sheet (Attachment #4) which can be used with the City's existing grants to provide an easy reference for s taft to review key areas such as compliance and reporting requirements of the source organization. This document will also allow the Grants Administrator to keep track of project activity and assist in the monitoring and/or writing of reports. Mr. Randolph is currently involved transferring existing grant information onto these sheets. I have taken this opportunity to provide an overview of our grants program. I feel that our in-house staff person has made excellent progress and am confident in his ability to work with and for the City in finding alternatives funding which will prove crucial in our future plans. DMH/slh Attachments ~ ¡ . , . t I ; ~ , ; . MEMORANDUM jU-r TO: Mayor and Commission ..{jf2 City Manager~l~ FROM: SUBJECT: GRANTS ADMINISTRATION DATE: February 17, 1989 The FY 1988-1989 budget contains funding for the Grants Administrator position. We have also considered the merits of contracting for this service and the attached memorandum summarizes staff's conclusions. I believe it would be in the City's best interest to proceed with the appointment of a grants administrator and, using salary savings available, utilize a grants consulting firm on a six month contract to assess the effectiveness of such outside services. I believe it is necessary to have a staff person assigned this responsibility and it is obvious that if a grants contractor can assist us successfully, the cost for their services would be offset several fold. WOB:cl jhø M E M 0 RAN DUM TO: Walter O. Barry City Manager FROM: ~ David M. Huddleston Director of Finance SUBJECT: Grants Administrator - In-House Versus Consultant DATE: February 8, 1989 On January 26, 1989, Lula Butler and I met with Michael Langton of Langton Associates, Inc., to discuss the City's needs for a Grants Administrator. The purpose of our meeting was to review the advantages and disadvantages of contracting with a consultant to administer the grants administration program. After our meeting with Mr. Langton, Mrs. Butler and I discussed the pros and cons of a consultant versus hiring in-house staff. After our discussion, we feel that it would be advantageous to proceed with the hiring of a Grants Administrator based upon the following factors: Advantages of In-House Staff 1- In-house staff would be available to meet on an on-going basis with all of our departments, boards and committees to assess our needs and inventory current and projected projects so that these needs could be matched with available grants. 2. An in-house individual would be available to review the technical aspects and provide the necessary narratives in compliance with grant regulations. 3. A central Grants Administrator would alleviate the need for departments to individually request additional clerical assistance to aid them in the grant application and monitoring process. The in-house staff member would be responsible, after meeting with the departments, to provide the majority of the narrative and do the necessary follow-up for compliance. 4. The in-house staff member would be responsible to attend board and committee meetings and assist in the compilation of the boards' needs and grant application process. There may be situations whereby a project may involve two or more grants and rather than having two or more department heads attend, the City could be represented by the Grants Administrator who would have sufficient background on all grants and related projects. The cost of a consultant to be in attendance at these meetings would be an add-on to the proposed contractual agreement and the City would be expected to pay for time and travel. ---._-- ; Walter O. Barry, City Manager - Page Two February 8, 1989 , 5. An in-house employee would be responsible for making the necessary telephone contact with the various State and Federal agencies. This process requires continuous follow-up which may not be available through an outside consultant on an annual retainer fee. In the absence of an in-house staff member to assume these responsibilities, the additional burden would be placed upon the department heads and the administrative assistants. Advantages of a Consultant/Contract Agreement l. The utilization of a consultant would probably get the program off and running faster than the hiring of an in-house staff member. 2. The consulting firm would have several associates in various areas and would initially have more knowledge and insight of specific grants. Recommendation It is our recommendation, based upon our review, that the City proceed with the hiring of a Grants Administrator and that consideration be given into entering into a six-month contract with a consulting firm so that specific grants could be implemented during the spring and early summer. During this period, the in-house staff member could develop a Citywide needs assessment. The funding for both the in-house staff and a consultant is available during the first year because monies were budgeted for the entire year for the Grants Administrator and due to other departmental attrition. This funding is based upon the assumption that the ,six-month contract would be $12,000. DMH/sam cc: Lula Butler, Director of Community Improvement '~ . .. . \ . . MEMORANDUM . TO: ~MalCOlm Bird Interim City Manager FROM: ~David M. Huddleston Director of Finance SUBJECT: Line of Credit for Old School Square DATE: March 5, 1990 The following met on March 5, 1990, to discuss interim financing for Old School Square: Malcolm Bird, Robert Barcinski, David Huddleston, Rebecca O'Connor, MaryLou Strollo, Sandy Simon, and Ronald Backer. The following items were determined: l. The salary for Executive Director in the amount of $6,222.84 will be eliminated as an expenditure from the Line of Credit by MaryLou Strollo's request. 2. The Line of Credit will total $500,000. 3. The term will be six (6) months. 4. The City will make every effort to close on March 15, 1990 so funding will be available on that date. 5. Bond Counsel recommended that the Line of Credit be written in the name of the City. Invoices will be approved by Old School Square and City staff. City staff will issue checks and notify Old School Square monthly as to the accrued interest owed by them. 6. Old School Square staff tentatively agreed to pay interest costs and Bond Counsel's closing costs which were estimated at a cost not to exceed $2,000. Any bank closing costs will be included in the interest rate calculation. If City Commission approves of this financing, the Bond Counsel will finalize the resolution and closing documents. The security for this borrowing would be the proceeds from the Decade of Excellence Bond which includes this project. We request the City Commission to waive the advertising requirement due to the need by Old School Square of a quick closing. We request that the City and Old School Square staff contact all banks that presented bids in the City's recent $4.3 million dollar financing and also those firms that expressed an interest to Old School Square. Sealed bids will be returned by 11:00 A.M. on March 12, 1990. We will review all proposals and make a recommendation for the Commission's approval on March 14, 1990. DMH/rso/slh cc: Robert A. Barcinski, Assistant City Manager/Community Services David M. Huddleston, Director of Finance Rebecca S. O'Connor, Treasurer . [IT' OF DELAR' BER£H 100 NW, 1st AVENUE OELRAY BEACH, FLORIDA 33444 407/243-7000 . M E M 0 RAN DUM TO: Malcolm T. Bird. Interim City Manager FROM: ~obert A. Barcinski, Asst. City Manager, Community Services DATE: March 2, 1990 SUBJECT: Line of Credit Request, Old School Square, Inc. Commission Action City Commission is being requested to approve and co-sign a line of credit for Old School Square, Inc. , in the amount of $500,000. Information The line of credit is being requested in order to pay for costs associated with the project until the Decade of Excellence Bond funds are available to be disbursed. These costs include architectural fees for designing contract document, bid work for the remaining phases of the project, construction costs for site work originally scheduled for Phase III of the project, and for staff salaries that Old School Square, Inc. feels can be allocated to the project and paid for with bond funds. Staff has a concern with Old School Square's proposal to spread the borrowing among five (5) lending institutions. We think a better price can be obtained from one firm. Additionally, if five (5) institutions are utilized a great deal of paper work will be generated. Each set of closing documents would have to be reviewed jy our bond counsel, thus creating additional expense. We recommend one financial institution be utilized and that the director's salary be removed from the borrowing. The salary could be addressed through a separate loan from the City. As part of the decision process the lending institutions will require that the City pledge a revenue source to back the loan. Staff is meeting with representatives of Old School Square, Inc., and our bond counsel on Monday to discuss these issues. Additional information will be provided to the City Commission after this meeting. All documents have been sent to our bond counsel and financial advisor for review. The Old School Square Board of Directors will hold a special meeting to officially vote on this request on Tuesday, March 6th. I have attached a copy of this request and additional information requested by staff as back-up for this item. RAB/sm . THE EFFORT ALWAYS MATTERS ~ I t . , " .~p 3.A. 0 ~f!., February 23, 1990 Mr. Bob Barcinski OlD Assistant City Manager City of Delray Beach 100 N,W. 1st Avenue SCHOOl Delray Beach, FL 33444 RE: Line of Credit for Old School Square Construction -SOU^R(- Dear Bob: CULTURAl ARTS CENTER Pursuant to our meeting on February 7, 1990, a resolution (attached) was drawn up by Old School Square, Inc. , staff and delivered to each of our Board members. The Board of Directors was polled on February 19 & 20 and by majority vote of the Board of Directors, it was approved to seek a $500,000 line of credit in $125,000 increments from SunBank, Midlantic, Carteret and Barnett Banks with the Bond Monies to be drawn down in May to be used as collateral and to repay any line of credit drawn upon. I am enclosing a copy of the paperwork SunBank required when we established our first line of credit in 1988. All the banks have indicated they will need some type of documentation/approval from the City of Delray Beach to open up this credit line for us. If you recalL Dave Huddleston recommended taking this ac'tion rather than "borrowing" from the state funds we are holding in escrow which are "directed" grants to be used on the 1924 building construction. Please agenda this action as soon as possible. u McArthur Strollo Director MMS:ga enc: 2 Old School Square, Inc. , Post Office Box 1897 51 North Swinton .ANenue Delray Beach, Florida 33447 (407) 243-7922 ~ , ~ . , .. RESOLUTION OlD SCHOOl BY MAJORITY VOTE OF THE BOARD OF DIRECTORS OF ·SOUAß(· OLD SCHOOL SQUARE, INC. ON FEBRUARY 19.1990, IT IS HEREBY RESOLVED TO ESTABLISH A $500,000. LINE OF CREDIT, TO BE ALLOCATED IN $125,OOO. INCREMENTS CULTURALARTSCENTER BETWEEN SUNBANK, MIDLANTIC I BARNETT AND CARTERET. FEBRUARY 21, 1990 FEBRUARY 21, 1990 Ok! School Square. Inc. I Post Offtce Box 1897 51 North S\Waton r\.oenue Delray Beach. Florida 33447 (407) 243-7922 ¡ I ~ . ~ . - ... ..~; '. ~~!:~~.? ,.. '~~~.>\ [ITY OF DElRAY BER[H 100 NW, 1st AVENUE DELRAY BEACH, FLORIDA J3444 407/243.7000 . , C E R T I FIe A T ION I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of I tern 33. B., Old School Square, Inc. - Line 0 f Credit, from the minutes of the Commission Meeting held August 9, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 17th day of August, 1988. , iifr~_hZL Û~ EI abeth Arnau Ci y Clerk City of Delray Beach SEAL THE EFFORT ALWAYS MATTERS ¡ I I' . ~ . .. . . [IT' OF DELAR' BER[H . 100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243· 7000 , February 26, 1990 Ms. Marylou M. Strollo Executive Director Old School Square, Inc. 51 North Swinton Avenue Delray Beach, Florida 33444 Re: Line of Credit - Old School Square Agenda Request Dear Marylou: Your request dated February 23, 1990 was received late that afternoòn and was received too late to include on the February 27th Commission agenda. Agenda requests, with back-up, are due no later than the Wednesday before the Commission meeting in order to provide adequate staff and City Manager review and to obtain additional information needed to make a staff recom- mendation. Additional information is requested, some of which you were requested to provide when we met February 7th with Mr. Huddleston. Please respond to these questions and provide information requested. l. Can Old School Square, Inc., as a non-profit organization, take a vote by poll of its board without conducting an advertised meet- ing? 2. Provide a list of your board members and a copy of your by-laws. 3. Why do you propose to borrow the funds from five separate banks versus 'one? The paperwork this will generate seems to be un- necessary, and our staff thinks you could receive a better interest rate from one (1) bank for the full amount. 4. Outline the expenditure accounts and amounts for which the $500,000 letter of credit is to be utilized, i. e. , a. Architect/Engineer b. Construction by phase and description of work to be per- formed. c. Salaries and fringe benefits (provide % of salary and fringe benefit allocated to this project and copy of employee job description. As discussed with Mr. Huddles- ton, this mayor may not be an allowable bond expense. This will have to be ruled on by our bond counsel). THE EFFORT ALWAYS MATTERS ¡ I ~ . ~ . .,. Ms. Marylou M. Strollo February 26, 1990 Page two . 5. Indicate if any of the letter of credit funds intend to be utilized for operating expenses. As you know, operating expenses are not reimbursable from the bond funds. Mr. Huddleston did recommend that you borrow funds to offset your borrowing from State grant funds in order to keep you in compliance with grant regu- lations. His recommendation was in addition to the $125.000 you first brought up in our discussion. If you have a need to borrow monies to fund operating expenditures. please provide us with the funding and time frame for repayment. Please respond to these inquiries as soon as possible. Sincerely. ~~~,.6'~ Robert A. Barcinski Assistant City Manager/Community Services RAB:mld c: Malcolm T. Bird David M. Huddleston Francis F. Bourque I. ¡ I ~ . ~ . o~-- -.,~, M E M 0 RAN DUM ~m.., TO: BOB BARCINSKI, ASST. CITY MANAGER FROM: FRANCES BOURQUE, CHAIRMAN HE: LINE OF CREDIT AGENDA ITEM DATE: FEBRUARY 28, 1990 OlD --- SCHOOl PURSUANT TO YOUR LETTER OF FEBRUARY 26, 1990 IN WHICH YOU INDICATED OUR AGENDA REQUEST, WITH BACKUP ·SOUAR(· MATERIALS, MUST REACH YOUR OFFICE BY WEDNESDAY, WE WOULD LIKE TO ADDRESS THE FOLLOWING ADDITIONAL INFORMATION WHICH YOU HEQUESTED, OVER AND ABOVE THAT WHICH YOU INDICATED YOU NEEDED FROM MARYLOU DURING YOUR MEETING: 1 ) YES. 2 ) LIST OF BOARD MEMBERS & BY-LAWS ATTACHED. BY-LAWS ARE BEING REVISED AND REVIEWED BY MICHAEL LISTICK, ESQ. , TO BE VOTED ON AT THE JUNE BOARD MEETING. 3 ) OUR BOARD THINKS (JUST AS YOUR STAFF THINKS) WE CAN GET AS GOOD A RATE, ALONG WITH GOOD WILL BY GOING WITH SEVERAL BANKS. WE HAVE VARIOUS BANKS REPRESENTED THROUGH OUR BOARD AND THE REQUEST TO GO WITH THE DIFFERENT BANKS WAS THROUGH REQUESTS FROM OTHER OFFICERS OF OLD SCHOOL SQUARE. THE BANKS HAVE INDICATED TO MARYLOU THEY WILL OFFER VERY COMPETITIVE RATES. 4) A) CURRIE/SCHNEIDER ASSOCIATES, ARCHITECTURAL FEES COMPLETION ALL CONTRACT DOCUMENTS $100,000 B) STINSON HEAD, GENERAL CONTRACTOR, SITE WORK PHASE III MOVED INTO PHASE I $384,386.98 C) STAFF: (FEBRUARY/MARCH/APRIL) EXECUTIVE DIRECTOR, 70% $6222.84 PROJECT ADMINISTRATOR, 100% $9390.18 POSITION DESCRIPTIONS ATTACHED. THE EXECUTIVE DIRECTOR'S ALLOCATION INVOLVES HER DUTIES IN MAJOR FUND RAISING, GRANTS WRITING, LOBBYING, STAFF SUPERVISION, DESIGN DEVELOPMENT WITH ARCHITECTS AND DAILY INTERFACE WITH PROJECT CONSULTANTS. THE PROJECT ADMINISTRATOR IS TOTALLY INVOLVED WITH THE CONSTRUCTION OF THE PROJECT AND THIS POSITION WILL BE ELIMINATED ONCE THE PROJECT IS COMPLETED IN Ok! School Square. Inc. THE FALL OF 1991. Post Offlce Box 1897 51 North Swinton i\.Ienue Delray Beach, Florida 33447 (407) 243-7922 J I !' . ~ . 5. THE LINE OF CREDIT WILL NOT BE USED FOR OPERATING EXPENSES OUTSIDE OF THOSE STAFF SALARIES AS INDICATED IN 4(C) ABOVE. WE WERE ADVISED BY CITY STAFF (YOU AND DAVE HUDDLESTON) TO SEEK A LINE OF CREDIT TO AVOID A POSSIBLE CONFLICT BY "BORROWING" STATE FUNDS BEING HELD BY OLD SCHOOL SQUARE AND WHICH ARE ALLOCATED TO THE NEXT BUILDING. WE FOLLOWED PROPER PROTOCOL IN FIRST SEEKING OUR BOARD'S APPROVAL BEFORE APPROACHING ANY OF THE BANKS AND THEN SEEKING CITY COUNCIL'S APPROVAL. IT NOW APPEARS STAFF IS MAKING OLD SCHOOL SQUARE LOOK RATHER RIDICULOUS IN MAKING THIS REQUEST FOR APPROVAL FOR THE LINE OF CREDIT. PLEASE BEAR IN MIND A PRECEDENT WAS SET WHEN THE CITY APPROVED A LINE OF CREDIT FOR US TO INITIATE OUR PROJECT/PROGRAM AND THOSE FUNDS WERE FOR OPERATIONS. WE REQUEST THIS ACTION BE PLACED BEFORE CITY COUNCIL AS AN EMERGENCY ACTION ITEM ON TUESDAY, MARCH 6, 1990 AS WE WILL NEED TO DRAW FUNDS BEFORE THE 15TH FOR CONSTRUCTION/ARCHITECTURAL DRAWS. IF YOU HAVE·FURTHER QUESTIONS, PLEASE CONTACT MARYLOU STROLLO, OUR EXECUTIVE DIRECTOR. COPY: MAYOR CAMPBELL VICE MAYOR McCARTY COMMISSIONER WEATHERSPOON COMMISSIONER BRAINERD COMMISSIONER ANDREWS ,. ¡ , I ~ . f .. M E M 0 R k N DUM TO: Robert A. Barcinski , Assistant City Manager/Community Services FROM: David M. Huddleston ~ Director of Finance SUBJECT: Line of Credit/Financing for Old School Square, Inc. DATE: March 1, 1990 As per our discussions, the following items need to be addressed as they relate to a proposed line of credit/financing by Old School Square, Inc. : 1. A listing of the purpose/needs and dollar amounts of Old School Square (i.e.. do they relate to all capital improvements. grant replacements, . operating expenditures, etc.)? 2. The terms and conditions as they relate to Old School Square and their ability to repay. 3. The need for the City Attorney's Office and Bond Counsel to review closing documents which will be required by the lending institution(s). 4. The means for securing financing (Le. , competitive bid versus negotiated placement). The urgency of the need by Old School Square might influence which methodology should be used. For example, with competitive bid, all of the referenced factual information must be included in the documents for the prospective lender(s); whereas with negotiated sale, the details could be resÖlved during negotiations. The City could consider going out for proposal or directing staff and the Financial Advisor to negotiate with one or more agencies. However, it would be cost effective for an issue of this size ($500,000) to go to only one financing institution as the cost to prepare and review the closing documents and the administration of the borrowing would increase with more lenders. 5. What pledge or security the City would provide to the lender. This would need to be known prior to going out for competitive bid. Through a negotiated issue this item could be addressed during negotiations. The requested information from Old School Square needs to be received before the final determination of the type and amount of borrowing. For instance, if the entire amount of the financing is for the Decade of Excellence related expenditures, then the payback will occur as soon as proceeds from the Bond sale are received. If the proceeds are to payback ~ / ~ . , , . . Robert A; Barcinski, Assistant City MaRager/Community Services Page Two March 1, 1990 grant monies and/or pay for operating expenditures, then the avai'lability of funds by Old School Square to payback that portion of the loan determine the nature and extent of the borrowing. The City may wish to consider grant replacement and operating expenditure loans as an internal loan to Old School Square taken from the current cash reserves of the City. This option would need to be reviewed by the City Attorney's Office as to whether the City can loan money to Old School Square. A reciprocal grant or contribution could resolve this if it is a problem. The City will have meetings next week with our Financial Advisor, Public Financial Management (PFM) , to discuss the General Obligation Bond Issue schedule. I would recommend that we incorporate into that meeting a discussion of the financing for Old School Square and that representatives from Old School Square be in attendance to discuss their needs so that all of the information can be received and packaged by Bond Counsel to enable us to proceed as expeditiously as possible subject to City Commission approval. The reason for the request for as much information as possible relative to their needs is so that we can provide them with the most effective and expeditious way to meet these needs, if that is the Commission's desire. DMH/sam cc: Malcolm Bird, Interim City Manager Herbert W. A. Thiele, City Attorney Becky O'Connor, Treasurer ~ I ,. . , . . , - . BOARD OF DIRECTORS 1989-1990 . PAUL AHO 230 PALM TRAIL 732-7657 DELRAY BEACH, FLORIDA 33444 276-3175 RONALD BACKER 276-6055 (0) 425 N.W. 18TH STREET 276-7677 (H) DELRAY BEACH, FLORIDA 33444 FRANCES BOURQUE 243-7922 ( 0 ) 108 BASIN DRIVE DELRAY BEACH, FLORIDA 33483 278-5100 NANCY EARNHART 736-3538 (H) 4820 S. LAKE DRIVE BOYNTON BEACH, FLORIDA 33436 RANDEE GOLDER 1177 N.S. 8 ST. SUIT~ 407 265-2666 (w) DELRA Y BEF,CE, FLORIQA 33483 278-4675 (H) SKIP HARTZELL 145 S. CONGEESS AVENUE JELR1\Y BEACH, FLOEIDA 33445 27~':'-C)366 BILLIE LINVILLE 302 E, ATLANTIC AVENUE DELRAY BEACH, FLOEIDA 33444 243-6752 LAERY PAR!{,ER 368-6622 ( 0 ) 730 BLVD. CHATELAINE 498-7661 ( H ) DELEAY BEACH, FLORIDA 33445 BUCK PASSMORE 994-9006 5140 CONGRESS AVENUE BOCA RATON, FLORIDA 33432 DUDLEY REMUS 114 S.E, 2 ST, DELRAY BEACH, FLORIDA 33444 276-(-)~)14 KEN SIMBACK 401 W. LINTON BLVD. 265-0500 \ 0 ) DELRAY BEACH, FLORIDA 33444 392--9059 (1-:,\ RABBI SAMUEL SILVER 276-6161 ( 0 ) 2475 W, ATLANTIC AVENUE DELEAY BEACH, FLORIDA 33445 J. ¡ I t- . ~ . '. ~ SANDY SIMON 278-1989 (0 ) 777 E. ATLANTIC AVENUE DELRAY BEACH, FLOR I DÞ. 33444 LOUIS TYRRELL 659-0096 THEATRE CLUB OF PALM BEACHES BOX 024452 WEST PALM BEACH, FLORIDA 33402 FRANK WHEAT 278-2628 1008 E. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33483 ~ . I . ~ . , ; .. , , SCHEDULE D ---- POSITION DESCRIPTION The position of PROJECT ADMINISTRATOR and concurrent responsibilities will incl~de Clerk of the Works for Phase I construction (approximatelY' $1 million) of the 1913 classroom building located on the City of Delray Beach site known as the Old School Square Cultural Arts Center, doing business as Old School Square, Inc. ; facility supervision of the 1924 theatre/classroom building ~nd gymnasium and interfacing with the Board of Directors, Building Committee and Architects on the design of Phases II and I I 1. Clerk of the Works will extend into Phases II and III as they ~ome unde~ construction contract. The position reports directly to the Executive Director and/or the Chairman of the Board. . \ I. ~ , I . ~ . , .. - , , POSITION DESCRIPTION EXECUTIVE DIRECTOR OlD The position of EXECUTIVE DIRECTOR Of OLD SCHOOL SQUARE, INC. , is the chief executive salaried officer of the SCHOOl corporation: as such, is responsible for implementing and executing the policies and procedures of the Board of Directors and Officers of the Corporation, to interface with the Board and the members of the -SDUAR(- community and other governmental and quasi-governmental agencies in a prudent, .moral and responsible manner as the representative of the corporation and to meet the following obligations and responsibilities and set forth by the Corporation: 1 ) Serve as advisor to' the Board of Directors and Directors on such matters as budgets. contract negotiations, programming. fundraising, marketing public relations, promotion and avocacy and, following the Board's,directives, impløment such programs. 2 ) Develop and maintain through all reporting procedu.res, grant requests and proposals for all governmenta I , corporate and private foundations; develop and maintain a complete and current reference file for grants funding for both capital and operating support. 3 ) Supervise and maintain the day-to-day activities of th~ offices of the Corporation, including custody and control of the financial books and records of the corporation, reporting in a timely manner to the Board, as required. 4) Supervise, hire, discharge or otherwise manage all ancillary support staff for the Corporation; including facilitate selection and employment of Artistic Director(s) and other professionals needed as the Board requires. 5 ) Develop and coordinate a volunteer support group/guild from the community at large for office support and program involvement support. 6 ) With the Board of Directors, serve as the liaison Old School Square, Inc. to any and all civic and corporate~entities, at the Post OIIice Box 1897 Board's discretion. 51 North SuAnton .ANenue Delray Beach, Florida 33447 continued (407) 243·7922 - J I .. . . ~ . . . . , , Position Description Executive Director Page Two 7) Facilitate staff and Board involvement and participation with any and all outside consultants, advisors, professional and technical personnel of record in the reconstruction, construction and completion of the project "Old School Square, Delray Beach, Florida." 8) Develop and implement (with outside consultants at the Board's discreti0n) a prudent fundraisingjdevelopment proposal for individual contributors; both for capital campaigns and annual sustaining campaigns. 9) Advise and assist the Board in developing and implementing alternative program usage for the site, tnvolvjng all aspects of the cultural ~r~:~, 3.nd h1.lmanities. 10) Establish an Endowment Fund for the Corporation to provide ongoing operating funds. I. ~ ¡ I '. t . ; , , . . . [ITY OF DELAR' BER[H CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DURAY ßEACII, FLORIDA 33483 407/243- 7090 TELECOPIER 407/2784755 MEf10RANDUM Date~ March 6, 1990 To: Malcolm T. Bird, Interim City Manager From: Susan A. Ruby, Assistant City Attorney Subject: Management Agreement - Old School Square The attached copy of the Management Agreement for Old School Square is underscored to reflect the new changes, for your. information. (]¡JL/ SAR:ci Attachment CHANGES ARE THE UNDERLINED PORTIONS OF: PARA 5, PAGE 4; PARA 8(b), PAGE 4; PARA 8(b), PAGE 5; PARA 9, PARA 12(h), PAGE 9. ':sEt +'fPO on (?å' 10 - Add' \ c.-hHn(j F_ {+f (eX~)) ChHII~'é.. teom to 10 !fa ~.s I, Hi\NA8EMF..NT AGREEMENT _ OLD SCHOOL SQUÞ.RE THIS AGREEMENT, made and entered into at Delray Beach; Florida. on the day of , 1990, by and between the City of Delray Beach, Florida, a Florida municipal corporation, hereinafter referred to as the "City" and Old School Square, I nc. , a Florida corporation, not for profit, herei.nafter referred to as "Old School Square, Inc.". WHEREAS, the City has fee simple ownership of the,old Delray Beach Element.ary School site, which is to be restored and converted into a cultural center to provide educational, cultural, scientific and certain governmental activities; and, WHEREAS, Old School Square, Inc., was organized under the la'flS of the State of Inorida, as a not-for-profit corporation for the purpose. of leasing, restorin.g, developing and operating the cultural center; and, WHERE}.S, the City has adopted a resolution dated September 13, 1988 which among other things, states that Old School Square, Inc. shall serve as project administrator for the purposes of facility management and' programming; and, WHEREAS, the City and Old School Square, Inc. entered into a leased<ïted July 31, 1989; and, WHERE.Þ.S , the City and Old School Square, Inc. desire to confirm and clarify the organizational, operational and oversight procedures as t,o Old School Sq".lare I nc. ' s J, rcspon.:Übility for operation 0$ the facility, including, bu.t .¡;; not limited to the est,ablishment of budgets, the submission, of state andf ede t- a 1 gra.n~s, the solicitation of private grants and donations, the determination and establishment of programs by Old School Square, Inc. and the maintenance of the interior improvements by Old School Square, I nc . ; and to clarify the procedures regarding maintenance of the exterior site by the City, pursuant to the lease. Nrn~ , THEREFORE, IN CONSIDERATION. OF THE . MUTUAL COVENANTS, STIPULATIONS, AND AGREElŒNTS HEREm, CONTAINED, THE PARTIES AGREE AS FOLLOW.S: 1. The above WHERF..AS clauses are true and correct and are in.corporated' herein by reference'. 2. Board of Directors - Old School Square, Inc. shall be governed by the voting members of the Board of Directors. The Board of Directors shall be selected and perform all duties and responsibilities pursuant, to the 1\.rticles of ,Incorporation and By-laws of Old School Square, Inc. , as they now exist or as they may be amended from time to time. (a) Old School Square, I nc . , shall submit to the City Commission on an annual basis the names or those nominated for membership on the Board of Directors, for the purpose of ratification of t.he nominees by the City Commission. ( b) All meetin.gs of the Board of Directors shall be duly advertised and open to the public in aêcordance with the 2 State of Florida Open Meetings La..". A re:co.rd of all meetings shall be kept 3.nd forwarded to t.he City of Delray Beach on a regular basis. The Ci t.y representative shall be notified in wr i t.ing one "'leek prior to all meetings. 3. Subcommittees. Th.e Board of Directors of Old School Square, Inc. sha.11 be empowered to establish such committees as deemed necessa,ry per the Articles of Incorpora- tion and By-laws of Old School. Square, I nc . , as they now· exist or as they may be amended from time to time. 4. Director. Old. School Squa,re, Inc. shall have an Executive Director (hereinafter called "Director") . The Director shall manage. and. administer the operation of the facilities.. All activities of th.eDirector shall be subject to the review, policies., prooedw:es and approval, of the Board of Direct.ors of Old School Square, Inc., (hereinafter referred to as "Board of Diredto,rs"). 5. Personnel and Services. Old School Square, Ino. thI'ough its Board of Directors' shall have sole discretion over the employment of full and part-time staff, including the employ·ment of the Executive Director and all ancillary staff. Old School Square, Inc. shall be responsible for providing all personnel required to carry out its activities, except as may be voluntarily provided. by the' City. Old School Square, Inc. will will provide the City \'lÌ th adequate not,ice of need for City assistan.ce to carry out their responsibilities. The City shall have, the right, upon reasonable pl' lor written notice.;:, to 3 schedule meetings or eVt~nts 3.S space is available at no rental charge to the City. The City' will assume set up and c lean. up responsibilities for said ev·ents· or meetings. 6. City Representative. The City shall designate a representative of the City who shall be given· notice of all meetings of the Board of Directors and who shall be encouraged to attend all meetings as a non-voting member. Old School Square, Inc. shall be given writte~ notic~ of the name of the City Representative. 7. Contact Person. Old, School Square, Inc. shall designate the Director and aboard member to serve as a liaison between Old Schaal Square, Inc. and the. City. The City shall designate an Assistant City Manager, or other such designee of the City Manager as the City's contact person.. The City Manager shall notify Old School Square, Inc. , in writing, of such appointment. 8. Management. The Board of Directors, either itself or through variauscornmittees, shall be responsible for: (a) Financial affairs which shall include, but not be limited to, propose.d budgets, expenses, membership income, donations, grants, and subsidies and City financial support. (b) Property t.-tanagement which shall include, but rLot be limited to, matters relating to upkeep, repairs, capital improvements, security, interior maintenance, altera- tions, restoration and renovation or any o~her such changes to 4 the build~:..ngs. Property Management. matters constituting' major repairs, capital improv"ernents , restorations and. renovations must have prior approval of the City.. (c) Progr~~ing matters, including exhibits as well as coordinat.ing and scheduling the use· of the facilities by other artistic and cultural organizations, community or civic groups and governmental bodies, etc. Old School Square, Inc. shall present to the City a list of projected program uses of the facilities each year along with a copy of Old. School Square, Inc.' s budget. for each fiscal year. ( d) Fund raising from both public and private sources. (e) Submission of applications of grants. (f) Management, main,tenan.ce, and operation of the property to the extent required under the. lease with the City. ( g) Employment: of all personnel. 9. Progra.-n Execution. The proj ected program uses approved by the Board of Directors and ratified by the City shall be executed by the Director or by the Staff of the Old School Square, Inc. under the supervision of the Director. 10. Proj ect. Administration. ( a) By resolution of the City Commission of the City of Delray Beach, Florida, dated September 13, 1989, Old School Square, Inc. is named as project administrator for the historic restoration of the Old Delray Beach~Elementary School 5 -- si te into the Old School Squaloe ,Cultural Arts Center. As such, Old School Square, Inc. shall have the following au.thority: ( 1. ) Act: as owner between all consult.ants, architects, engineers, and contractors for the project; ( 2) Develop and manage all fund-raising campaigns for the capital campaign and ar~ualsustaining funds; ( 3 ) Develop and manage all grant proposals (City, COtL.1.ty, State, Corporate and Foundations) with annual reporting to the City for the capital campa i. gn and, annual sustaining funds; (4) Develop all design documents in conjunction with the architects of record; ( 5) Develop site landscaping design with the landscape archi teet of record;. (6) Have contractual, authority to use outside independent consultants for design development (i.e. theatre consultants); (b) Old School Square, Inc. shall abide by all applicable Florida, State and Municipal laws, ordinances, rules and regulations. 11. Grounds and Building Operations. Old School Square, Inc. shall perform its portion of grounds and building operat ions t.o the extent set forth in the lp-ase. Pursuant to the lease, Old School Square, Inc. shall be responsible for heat;ing and air-conditioning equipment (climate control), installation and maintenance of exterior !Lighting, and all 6 other aspects of property manq,gement and maintenance· except that the City shall be responsible for the exterior walls, par.king lo't, exteri.or I and s.caping and, irrigation. It. is explicitly agreed that among. other things, that the; duty of Old School Square, Inc. shall include furnishing all necessary janitorial and cleaning services, pest control service, care and maintenance of the structures located on the property, any int.er ior renovation or redecoration not involving major structural changes, and that Old School Square, Inc. shall pay all charges for telephone; water, sewer., gas, electricity and any and all other such utilities as may be used in connection wit.h the property', including. utilities necessary for the operation of exterior lighting. In addition, the Old School Square, Inc. , pursuant to the Lease, shall pay any ad valorem taxes imposed upon the property and improvements: located thereon during the term of the· ·lease. Old School Square, Inc. shall pay any t.axes for personal property improvements owned by Old School. Square, Inc. T11e City's sole maintenance responsibility shall be for the maintenance and upkeep of the exterior of t.he buildings, including the roof, the grounds of the cultural center, and irrigation system. Old School Square, Inc. shall be responsible for all interior maintenance, including janitorial service. and annual termite protecti.on of the buildings. 12. Budget. The Director, in consultation with the Board of Directors and in any established financial committee, 7 shall be responsible for recom.T£le?ding a proposed budget to the Board of Directors which will set forth, in a detailed form, all ant,icipated income and expenses. ( a) Prior to final approval and adoption of the budget, by the Board of Directors, the proposed budget shall, be submitted to the City for their review and recommendations. The Director shall be responsible for the administration of the budget subject to oversight by the appropriate committees. (b) A copy of the approved annual budget (both capi tal and operating) shall be submitted to the' City by May 1st of each year. The budge.t shall delineate sources· of revenues and expense items and shall, show prior year actual expenses and revenues· as of, April 1st of each year. (c) Old School Squ.are, Inc. shall provide to the City, an Annual Financial Report audited by a certified public accountant with an opinion based upon the audit. This audited repor.t shall be furnished each year within one hundred and twenty (1.20) days of the close of Old School Square fiscal year. (d} Old School Square, Inc. shall make all requests for funding of money from the City, or for a contribu- tion of services or materials from the City within the: City's budget deadlines, except· for unforeseen and unanticipated matt,ers. (e) There shall be no commitment as to City furlds or assistance until the annual budget!. of the City has 8 been approved by the city Commission' of the City of Delray Beach. ( f) Old School Square, Inc. shall have pr.ime :responsibili ty for obtaining funds for th~ budget from members, fund raising events, private grants, private donat'ions, and local and state and federal, government sources. The City agrees t.o cooperate and reasonably assist Old School Square, Inc. in obtaining, funds' in the form of grants and subsidies by reasonably prompt' execution: of doCT.1It1ents required' to obtain grants and subsidies. ( g) Old School Square, Inc. shall provide the Ci ty quarterly accounting:, of the revenues. and disbursements of any and all funds including. grant funds, received' or disbursed by Old School Square, Inc. (h) In addi.tion to the certified audit reqllire- ments above, Old School Square, Inc., shall provide to the City of Delray Be~.ch , a.n annual compliance audi.t of any and all grant funds r~ceived expressly for the cultural center. (i) Old School Square shall make available 'to the City cCìpies of all Grant related documentation, to include., but not be limited to: applications, approvals; agreements, audits and related correspondence. 13. Financial Provisions. (a) Fiscal year. Old School Square, I nc . , shall establish a fiscal year which coincides with its by-laws and articles of incorporation. J, 9 ( b) OJ.d 5,.:110·:)1 Square, II1C. shall not have pO'.ver t.o sper.d any funds derived from the sale of bonds by the City unless specifically authorized by the City Commission of the City Delray Beach. Old School Square, Inc. shall be permi tted to ask the City to effectuat.e the issuance of bonds or to borrow money, by submitting' to ·the City Commission, a resolution of the Board of Directors. The City Commission shall be under no obligation to approve such requests. However, if the City approves expenditure of bond funds, or any other funds, then Old School Square, Inc. shall. submit copies of invoi.ces and bills to the City for reimbursement. Old School Square shall make other documentation to include cancelled checks and bank· reconciliations available. upon request. (c) General Finan.cial Provision. (1) Old School Square¡ Inc. shall have' the authority to establ,ish necessary banking accounts in its own name a.nd to make cash disbursements. ( 2) That Old School Square, Inc. shall make an annual report and an audited accounting to the City Commissioners of the City of Delray Beach, for all receipts and disbursements of City funds, all bond proceeds, grants, subsidies and privat.e donations of any kind or sort whatsoever. Such reports and accounting shall be furnished no later than /dO sixty (60} days subsequent to the close of Old School Square, Ine.'s fiscal year. ¡, 10 · ( d.) The Cit.y sh,all, at all time::;, have the right. to audit all records of Old School Square, Inc. Old School Square 'will comply with the same records retenti.on regulations as prescribed by' the state of Florida. 14. Admissions and, Charges. Subject to the approval of the City Manager and ratification of the City Commission as to admissions policies, the Board of Directors shall be ernpo\<lered to establish and collect admission prices and charges. 15. Ter-roof Agreement. The term of this Agre~--ne'nt shall be until such time as the lease· shall terminate. However, this Management' Agreement shall be reviewed annually by the parties hereto. 16. Modification. No amendment or modification to this Agreement sha~l be effective unless in writing and signed by each of the parties hereto. 17. Conflicts. Pursuant to Paragraph 18 of the Lease, this M~nagement Agreement is hereby incorporated within the Lease Agreement and, to the' extent that there may be any express conflicts with the terms and conditions of the Lease Agreement" the terms and conditi,ons of the Management Þ..greement. shall prevail. 18. Liability. No contract executed by Old School Square, Inc. for any obligation incurred by Old School Square, Inc. , shall be binding upon the City, unless specifically approved by the City Commi.ssi.on of the City ¡'of Delray Beach. 11 w11enever City funds appropriated,to Old School Square, Inc. for the cultural center are to be expended, the Board of Directors shall comply with the forr.Ial bid requi1:ements of the City. 19. Encumbrances. Old School Square, Inc. shall not be authoriz.ed to mortgage, or otherwise impair or encumber the title to the Old School Square property as such is described in the Lease Agreement. 20. Assignment. This agreement may not be assigned wi.thout the written consent of the paJ:ties hereto. CITY OF DELRAY BEACH, FLORIDA By: Doak S. Campbell, III Attest: Mayor City Clerk Approved as to Form: City Attorney OLD SCHOOL SQUARE, INC. , By: \.¡ri t.ness Witness State of County of I HEREBY CERTI¡'''Y that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , J, known to me to be the persons described in and who executed the 12 foregoing instrume;Tt as and , respectively, of " a. co!."pora.tJ.on organized unde.r the laws of the state of . They acknowledged before me that they executed the foregoing instru- ment as such officers in the name and on behalf of the corporation, and that they also af fixed thereto the official seal of the corporation. SWORN TO AND SUBSCRIBED before me this day of , 1990. Notary Public My Commission Expires: I. 13 [ITY OF DELAR' BER£H 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243- 7000 , MEMORANDUM r TO: MALCOLM T. BIRD, INTERIM CITY MANAGER FROM: f!!f7ROBERT A. BARCINSKI, ASST. CITY MANAGER/COMMUNITY SERVICES SUBJECT: MANAGEMENT AGREEMENT/CITY OF DELRAY BEACH AND OLD SCHOOL SQUARE, INC. DATE: MARCH 2, 1990 The lease agreement between Old School Square, Inc. and the City of Delray Beach required that a management agreement be entered into to confirm and clarify the organizational, operational and oversight responsibilities for the property and project. Both Old School Square, Inc. and City responsibilities are so delineated in the attached agreement. This agreement was prepared with input from the Executive Director of Old School Square. Old School Square subcommittee for the agreement, the Assistant City Attorney, Finance Director, and myself. The Old School Square Board will vote on this item at a regular meeting, Tuesday, March 6, 1990. City Commission is requested to approve this agreement. RAB:kwg J. , THE EFFORT ALWAYS MATTERS ~ I ~ . 9 6P 3·ß. . - . !:'\1~7'_~~¿'~3~~m h~::\.'Sr::t~;::~1'::' 8:.:) :C:H~O~ SQ"]i\~E , :'HIS A·:'':;.EE£;I£.:.'r: , H1a.J8 and en·:er~d inc.0 aL De:.td:! Btctch, F3.orida; C,{l the: .:lay of , 1990, by and bet'..;een +:he Ci~y af Delray B'~3.ch , Florida.. a Florida municipal ,~orpoI.·ation , hereinafter referred to as the II Ci ty" and Old School Square, Inc. , a Florida corpOI'a tion, no:: for profit, hereinafter referred to as "Old Schoal Sq',1d.re, Inc. ., . ',-l'HEREAS , Ule City has fee simple ownership of the old Delray Beach Elem~;ntary School site, which is to be restored , . and converted into a cultural ce:1ter to provide edu.:ational, cul tù.l'a}., scientific and certain governmental activities; and, WHEREAS, O~d School Sq~are, Inc. , was Qrganized under the laws of the State of Florida, as a not-for-profit corporation for the purpose of leasing, restoring, developing and operating the cultural center; and, WHEREAS, the City has adopted a resolution dated September 13, 1988 which among other things states that old School Square, Inc. shall serve as project adrninistrator for the purposes of facility management and programming; and, \VHEREAS , the City and Old School Square, Inc. entered into a lease dated Ju~y 31, 1989; and, WHEREAS, t.he City and Old School Square, Ir.l.c. desire to ~. and clar.i,ry the organizational, operatio:1al and con.l.lrm oversight prQc,=dures a'~ to 011 School Sq·.lare :nc. 's ' .;> ~ I ~ . , . . . rt:;.:;.:;pons':'bilily £:>1' OfJe.r d ti ...,)fl of th·.:; facility, including, but not l.imi ted t,o th0 pstabli.shment of bu.dgets, the s1....bmis.sion of state and federal grants. the so iici tat. ion of ' ~ grants prl.va"e and donations, the determination and establishment of programs by Old School Square, Inc. <3.nd the mai,ntenance ;)f the interior improvements by Old School Square, In~ . ; and to clarify the procedures regarding maintenance of the exterior site by the City¡ pursuant to the lease. NOW¡ THEREFORE, IN CONSIDERA'TION OF THE MU~ÀL COVENANTS, STIPULATIONS AND AGREEMENTS HEREIN CONTAINED, TrlE PARTIES AGREE AS FOLLOWS: 1. The above WHEREAS clauses are true and correct and are incorporated herein by reference. 2. Board of Directors - Old Schol1l Square¡ Inc. shall be governed by the voting members of the Board of Directors. The Board of Di.rectors shall be selected dnd perform all dut:Les and responsibilities pursuant to the Articles o~ Incorporation dnd By-la;.¡s of Old S;::':1.001 Squar'e, , ~ Inc. , as they now exist or as th~y may be amended from time to t i¡¡¡e . ( a) Old Sc':1.oo1 Sq"~a.rE:~ , Inc. , ",,,,'t... ...., , s~rnit ..~ the .;)...",,_1.~.1.. ---'...J Clty Commisslun on an annual basis the names of those nominated for membership on th02 Board of Directors, for the pur pose. of ratification of the nominees by the City Commission. (b) All meetings of the Board of Ðirectors shall be duly advertised and open to t,he public in accordance with the 2 ~ I ,. . 9 . . ~~ld.t..: oS: Flollda Open MeeLinys Law. A ree;'Jrd .:.)£ d......!. m~et~ngs 5('-3.3..1 be kEpt and f ,~,(w.'i ided tG ,-' City of De~.ray BEciC:l (In. Q. _[.8 regt¡lar basis. The City :;:·ep.r2senta":.ive shan. be no<:ified ir¡ writing one week prior to all meetings. 3. Subcommitt:ees. 'I' h \.~ Board of Directors of Old School Square, Inc. shall be empowered to establish such cormnittees as deemed necessary per the Articles of Incorpora- tion and By-laws of Old Schoal Square, Inc. , as they now exist or as they may be amended from time to time. 4. Director. Old School Square, Inc. shall have an Exe.::u ti 'Ie Director (hereinafter called "Director"). The Director shall manage and adrninister the operation of the facilities.. All activities of the Director shall be subject to U',e review, policies, procedllres and approval of the Board of Directors of Old Scho0l Square, 1nc. , (hereinafter referred to as "Board of Directors'!). 5 . Personnel and Services. Old School Square, Inc. thro~lgh i t:s Board of Directors shall have sole ,jiscretion over the employment of full and part-time stafÍ, including the employment of the Executive Director and all ancillary staff. Old school Square, Inc. shall be responsible for providing all personnel required to carry out its activities, except as may be voluntarily provided by the City. Old School Square, Inc. will will provide the City with adequate no":. ice of need for Cl ty dssist.ance to carry out their responsibilities. The City shall have th~ right, upon reasonable prior written not:"ce, to 3 ¡ I .. . J , . . s(;l1~dule meetings Ol. e''''-''c-~.~_s :olS spa.:::e 1;;; availa:;:;::"e at no ~hét.l. ge to the City. c: City Re~resentative. The City sha~l designate a ,J ., representative of th<3 city who shall be given notice of all meetings of the Board or Directors and who shall be encouraged to attend all meetings a~ a non-voting member. Old School .:> Square, Inc. shall be given written notice of the name of the City Representative. 7. Contact Person. Old School Square, Inc. shall designate the Director and a board member to serve as a liaison bet.ween Old School Squd,re, Inc. and the City. The City shall designate an Assistant Ci~.y Manager, or ot~er such designee of the City Manager as the City's contac't person. The City Manager shall notify Old School Square, r nc . , in writing, of such appointment. 8. r>1anagement. The BO.3.rd of Directors, either itself or through various committees, shall be responsible for: (a} Financial affairs I,vh ich shall include, but not be limited to, proposed budgets, expenses, membership income, donations, grants, and subsidies and City financial support. (b) Property Management shall include, but not be limited to, matters relating to upkeep, repairs, capital improvements, security, i.nterior maintenance, alterations, restoration and renovation or any other such changes to the buildings. The af<.nementioned Property Management matters must. have prior approval of the City. 4 ~ , I .. ~ . , ~ . ( (' \ I": -).]::::ur,mj.r.g ma ttc:-s, ir~cl'lè.in~ exhjb:'ts as wf-;ll as coordinaL.ng ar.J. sC:leduling the use of the fa..:l1itiE::s b:l út:her ¿Gtí stic ari.d ~;u::,tül'al organizations, comrm,èn i ty or civic groups and gove=ru~ental bodies, etc. Olj Scheol S~lare, Inc:. shall present to the City a list of projected program uses of the fac.L Ii ties each y..::ar along with a copy of Old School Square, Inc. 's budget fo:" each :Eiscal year. (d) Fund raising f rom both public and private sources. ( e) Submiss:'on of applications of grants. ( f) Mc"\.nagement, maintenance, and operation of the p,l'operty to the ext,ent requil"ed under the lease with the City. (g) Employment of all personnel. 9. Program Execu":ion. The programs approved by the Board of Di~ectors and ratified by the City shall be executed by the Director or by the Staff .::>f the Old School Square, Inc. under the supervision of the Director. 10. Project Ad.'lIinist,ration. ( a) By resolution 0f the Cìty Commission of the City of Delray Beach, FIa:r: i¿a, dated Septembe.r 13, 1989, Olj School Squa:r.e, Inc. is named as project ad..,Ünist,rato:r for the historic restoration of the Old Delray Beach Elementary School site into the Old Sc~ool Square Cultural Arts Center. As such, Old School Sq'.lare, Inc. shall have the following authority: S ~ I . . þo , .. . . I . , .,., -.\.. â£ ..::M:"I e r 'beL'we.en all ;.::'C'D.5U 1 ta,l>':;:;, . 11.-' J-.,.t !._ architects, engineers, ~nd contractors for the project; , (2) De'Je lop and manage all fund-raising campaigns for the capité\l campaign and annual sustaining funds; ( , , DevRlop and manage all grant proposals \....J .1 (City, County, State, Corporate and Foundations) with annual reporting to the City for the capital campaign and annual sustaining funds; { (~ ) Develop all design documents in conjunction with tile architects of record; ( ::. ) De?elop '"- landscaping design with Sl,-e the landscape architect of record; ( 6 ; Have c'_m~_ractual authority to use out.side independent consultants for design development ( i. e. theatre consultants); (b) Old School Square, Inc. shall abide by all applicable Florida, State and Municipal ,laws, ordinances, rules and regulations. ll. Grounds and Building Operations. Old Schoül Square, Inc. shall perform its portion of grounds and building operations to the extent set forth in the lease. Pursuant to the lease, Old School Squ,ar E' , Inc. shall be responsible for heating and air-conditioning equipment (climate control) , inst.allation and malntenance of exterior lighting, and all other a~;pec:ts of property management and mai.ntenance except that the City shall be responsible far the exterior 'Nalls I 6 ~ ~ . f . . pë\rkiDg let, e}:ter 3,('"'( J.¡:,_r1d:~cap:. t".g dnd irri;atior~. 1t. is . expJtcitly agreed that aIT.8ng ~ther things, that the duty of Old School Sq\lare, in,:; . shall include furnishing all necessary janitoria.l and cleë.ning sCl"vices, pest control service, care and maintenance of the structures located on the property, any interior renovation or redecoration not involving major structural changes, and that Old School Square, Inc. shall pay all charges for telephone, water, sewer, gas, electricity and any and all other such utilities as may be used in connection wit.h t.he property, including utilities necessary for t.he operation of exterior lighting. In addition, the Old School Square, I nc . , pU.J:suant to the Lease, shall pay any ad valorem taxes impos"3d upon the property and improvements located thereon during the term of the lease. Old School Square, Inc. shall pay any taxes for personal property improvements owned by Old School Square, Inc. The Cit.y's sole maintenance re3ponsibilit.y shall be for the maintenance and upkeep of the exterior of the buildings, including the roof, the grounds of the cultural center, and irrigation system. Old School Square, Inc. shall be responsible for all interior maintenance, including janitorial service and annual termite protection of the buildings. 1 'j Budget. The Director, in ccnsultation with the .J,. <::.. . Board of Directors and in any establIshed financial committee, shall be responsible for recommending a proposed budget to the Boòrd of Directors which will set forth, in a detailed form, all anticipated income and expenses. .., I ¡ I ~ . ~ . ( d. 1.. Prior tc final appr~val and adoption af the bUdget by the Board of Direct,ors f the proposed budget shall be submitted to the ;:ity for [hei.r :c:e·./iew and recommendations. The budget request, '",ill be prepared on official City Budget Forms. The Director shall be responsible for the admin.istration of the budget subject to oversight by the appropriate committees. ( b) A copy of th,~ àpprov~d annual budget (both capital and operating) sl-.all. be submitted to the City by May 1st of ea.::h year. The b11dget shall delineate sou.rces of revenues and expense items and shall show prior ~'ear actual expenses and revenues as of Þ.pril 1st of each year. (c) Old School Square, Inc. shall provide to the City, an Annual F'ina.ncial Report audited by a certified public; account,ant with an opinion based upon t.he audit. This audited report shall be furnished each year within one hundred and t"..¡en t y (120) days of 'the close of Old School Square fiscal year. (d) Old School Square, Inc. shall make all requests for funding of money from the City, or for a contribu- tion of se,rvices Qr materials friJm the Cit.y within the City's b~~get deadlines, except for unforeseen and unant:icipated matters. (s· ) ~.11-tr; t"t::t. shall be no cornr:d. tment as to City funds or ëi.,sS istance t,¡,~1 ti.l the annual budget of ths City [laS been approved by the City Commission of the City of Delray Beach. 8 ¡ I ~ . f .. í f ) O' l .. '. ., Square, Inc. sha.ll ha'le prime >.'-' .:>C.100.>- responsLbil.ity f01 obtaining funds for the budget from membprs, fund raising events, pr i 'v·a":.e grants, private donations and local and state and federal government sources. The City agrees to cooperate =md reasonably assist Old School Square, Inc. in obtaining funds in the form of grants and subsidies by reasonably prompt execution of documents required to obtain grants and subsidies. (g) Old School Square, Inc. shall provide the City quarterly accounting of the revenues and disbursements of any and all funds including grant funds, received or disbursed by Old School Square, Inc. (h) In addition to the certified audit require- ments above, Old School Square, Inc. I shall provide to the City 0'\= Delray Beach, and annual compliance audit of any and all I...i. grant funds received expressly for the cultural center. ( i) Old School Sq'i.lare shall make available to the City copies of all Grant related documentation, to include, but not be limited to: applications, approvals, agreements, audits and related correspondence. 13. Financial Provisions. ( a.) Ftscal year. Old School Square, Inc. , shall establish a fiscal year which coincides with its by-laws arJ.d articles of incorporation. ( b) Old School Square, Inc. shall not have power to spend any funds derived from the sale of bonds by the 9 ( . I '. . ~ i : ; ~ I i City unless specifically d'uthorlzed by the CiL.Y Commission of the City De 11 ay Beach. Old. School Square, Inc. sh~ll be permitted to ask the City t.o effectuate the issuance ùf bonds or to borrow money, by submitting to the City Commission, a resolution of the Board of Directors. The City Commission shall be under no obligation to approve such requests. However, if the City approves expenditure of bond funds or any other funds, then Old School Square, Inc. shall submit copies of invoices and bills to the City for reimbursement. Old School Square shall make other doctunentatio!l to include cancelled chet~ks and bank reconciliations available upon request. ( c) General Financial Provision. (J) Old School Square, Inc.' shall have the authority to establish necessary banking accounts in its own name and to make cash disbursements. ( 2 ) That Old School Square, Inc. shall make an annual report and an audited accounting to the City Commissioners of the City of Delray Beach, for all receipts and disbursements of City funds, all bond proceeds, grants, subsidies and private donations of any kind or sort whatsoever. Such reports and accounting shall be furnished no later than s:.Lxty (60) days subsequent to the close of Old School Square, Inc.'s fiscal year. , ( d) The City shall, at a:l times, have the right to audit all records of Old School Square, IflC. Old 10 ¡ I . ~ . ; . . . . School Square will comply with the same records retention regulations as prescribed by the State of Florida. , 14. Admissions and Charges. Subject to the approval of the City Manager and ratification of the City Commission as to admissions po 11. c i E: S , the Board of Directors shall be empowered to establish and collect admission prices and charges. 15. Term of Agreement. The term of this Agreement shall be until such t, ime as the lease shall terminate. . However, this I>1anagement Agreement shall be reviewed annually by the parties hereto. 16. Modification. No amendment or modification to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 17. Conflicts. Pursuant to Paragraph 18 of the Lease, this Management Agreement is hereby incorporated within the Ledse Agreement and t.O the extent -that there may be any express conflicts with the term.s and condit.ions of the Lease Agreement, the terms and conditions of the Management Agreement shall prevail. 18. Liability. No contract executed by Old School Square, Inc. for any obligation incurred by Old School Square, Inc. , shall be binding upon the City, unless specifically approved by the City Commission of the City of De lr ay Beach. Whenever City funds appropriated to Old School Square, Inc. for the cultural center are to be expended, the Board of Directors shall comply with the formal bid requirements of the City. 11 ~ . I . ~ . : , ; ~ . . l~. Encljrnb!:"aüc(~s . Old School SqJare, Ini~ . shall no+, be ~uthorized to mortgage, c,t" otherwise impair or encumber the title to the Old School Square property as such is described in the Lease Agreement. 20. AssigrL.-nent. This agreement may not be assigned without the written consent of the parties hereto. CITY OF DELRAY BEACH, FLORIDA By: Doak S. Campbell, III At,test: r1ayor Ci ty Clel'k Approved as t,o Form: City Attorney OI·D SCHOO:' SQUARE, INC. By: Witness \'li t ness Stat.e of County of I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknow~edgments, personally appeared , known ~o me to be the persons described in and who executed the foregoing instrument:. as and , respectively, of , a corpora+:ion orge.nized under t.he laws of the stat.e of . They 12 J ~ . q . acknowledged before me that they executed the foregoing instru- ment as such officers in the name and on beha.lf of the corporation, and that they also affixed thereto the official seal of the corporation. SWORN TO AND SUBSCRIBED before me this day of , 1990. Notary Public My Commission Expires: 13 ~ , I . ~ . , ~ - .- M E M 0 RAN DUM : TO: Malcolm T. Bird, Interim City Manager THRU: Alison J. MacGregor, City Clerk~~ FROM: Anita Barba, Board Secretary DATE: March 2, 1990 SUBJECT: VACANCIES ON CITY BOARDS The following is a list of the vacancies for the Community Appearance Board and the Board of Adjustment: Community Appearance Board (CAB) - Two (2) vacancies occurring March 8, 1990, for alternate members (laypersons) one year terms: Ann Pearson Norman Radin Mrs. Pearson and Mr. Radin are the incumbents. Both would like and are eligible for reappointment. According to the Rules of Procedure - Delray Beach City Commission (Revised 8/14/89), any member of the City Commission may reappoint an eligible current member or alternate member without the maker of the motion losing his/her turn in the rotation procedure. One (1) vacancy exists on the board as of March 1, 1990 for a regular position of architect (two -year term): Kimberly Ridge no longer resides in the city, has moved her business out of the city, and is not eligible to serve out her term. Darrel Rippeteau has submitted his application. Section 152.38B states, "Two of the regular members of the board shall be registered architects." Mr. Rippeteau is nationally registered; however, he spends three summer months in New York each year. Copy of resume attached. Richard Brautigan is presently serving on the Human Relations Committee; however, he is willing to serve on CAB as an architect. Mr. Brautigan is registered and is owner and founder of Group Architecture South, (GAS). Copy of resume attached. Based on the rotation system, this appointment would be made by Mayor Campbell. Appointment will be for a two-year term (3/6/90 through 3/6/92). . J I ~ . 6P 4 J 5 . . Memorandum: Vacancies on Boards March 2, 1990 Page 2 Board of Adjustment (BOA) - Two (2) vacancies occurring on March 15, 1990, for regular members/three year terms: Robin Smith Sam Portnay Mr. Portnay is not eligible to serve again. Based upon the rotation system, the nomination of a new appointee to fill Mr. Portnay's seat would fall to the Mayor. Mark David, currently serving as an alternate member. would like to be appointed as a regular member. Other individuals who have submitted their resumes for consideration are as follows: Scott Bechtle. Anita Deutsch. Randee Golder (currently serving on HRC. but wishes to be considered for other boards), Jon Levinson and Ben Warren. Copies of their resumes are attached. Mr. Smith would like to be reappointed. He was originally appointed as an alternate member in April of 1986. and was appointed as a regular member on March 10, 1987 to the term ending March IS, 1990. Mr. Smith is eligible to serve another term. This would be a reappointment; therefore, the motion would be open to any member of the Commission. AJM/amb/sm Attachment !. J I :- . ~ . . . C I T Y COM MIS S I 0 N- DOC U MEN TAT ION . TO: (0L LEVERETT, ADMINISTRATIVE ASSISTANT III , .. ~ll,J Vð ¡;(l~--oL- FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: BACKGROUND FOR CITY COMMISSION WORKSESSION OF MARCH 6TH STATUS OF ZONING ALONG GEORGE BUSH BOULEVARD (8TH ST.) ITEM BEFORE THE COMMISSION: This is a two part item. The first deals with the disposition of Ordinance '~, a correcting ordinance affecting the 8th Street Market. The second item deals with the type of zoning which should be along George Bush Boulevard between Federal Highway and the ICW. BACKGROUND AND RECOMMENDED DISPOSITION: Item #1: Ordinance 50-90: This ordinance is for the purpose of correcting an error on the zoning map. As such, it did not go through the Planning and Zoning Board or have adjacent property owner notice. As you will note on the attached exhibit, all other property fronting on George Bush Boulevard is zoned GC. It appears that a drafting error occurred subsequent to the initial zoning of this property to the GC designation. Thus, it is not appropriate to apply a different zoning' through this process. Accordingly, Ordinance 50-90 should be re-advertised with GC zoning. Item #2: Change from GC to other designations: A question was raised at the February 27th Commission meeting as to whether LC or NC zoning would be more appropriate. The following is provided in response to that query: * The predominant uses along this stretch of George Bush Boulevard involve restaurants, gasoline stations, and convenience food stores -- these uses are allowed in the NC and LC districts in the same manner as they are allowed in the GC District. * However, if you desire that consideration be given to a change in zoning it can be accommodated by either: a) a site specific change which will involve formal processing by the Planning and Zoning Board with notice to all property owners and the owners of property within 500' of the property which is to be considered for rezoning; or b) direction to the Planning and Zoning Board to pay specific attention to this area and see if NC zoning is appropriate at the time that they create the new zoning map (currently in process). * LC zoning should not be considered since the LC zone district is being removed from the Zoning Code in the LDR rewrite which is now underway; removal of the LC district is pursuant to specific policies found within the Land Use Element of the Plan. \ßS3 . . * There is concern with the general character of the area -- this situation would best be addressed through enactment of the proposed landscape ordinance which requires compliance with perimeter and parking lot landscaping within a three year period. That ordinance is in draft form and is ready for review at the Commission's convenience. Disposition of this item is at the Commission's discretion. Attachment: - portion of zoning map REF/DJK#58/CCBUSH.TXT - ! -'-_ 1["- 1 ~$C;' · S ~ ..c I ( Kí H.,¿ ...' : : ~: 'i. - /M.1 ,.. -..,.,..:A D, . ~.. ' I@ j ~. ~,. ~ 'II ..;L ,A ) ¡!. t-I .. I T . , . "'"'t,/; '.. CIIf .".:~ I. ,'" ~ I.. ' I'" t ~ .;"' - ... I..... í " · ;- I"....,. :...a...: " 11 'I 11 'IS 11" :-;; .It . , 0 __ _ . 'ell' , t ¡ U I It I~ t't I&~ ,~!o I (j - ~ _,r CIIf J .,1.1...,.. rr ...JI¡ I I A ,,"'064I6"Ç1"~.:;'..r:. '".. ro:' ,tpYA4; LIJ \I'/:: ,.. '-' J .:) ~ _ 1"- -n- ~ · - ~ IV C ,. YON., 'CIIf J!' I .... ~.: _, ~ .' l~:LI FT,¡. I ~ \-':;"-. M "l~ ., ~., I..~-· '''.. '~I J ' ~ , ~ -= r.... .. .... ~ 'ft ,.. - . ._-'. I 10 . IV t ".·~'II . J -. T"'1""' ... · . ~ I.... _~.o... 3 ''- :t::Il I · · t n/~7"'1 T' .'.Ilì ~ J, (~f I, · L~ - · · ..... I · , . ~ ¡..,: .., L--" ,'- A \1'£ N, " ...., , ,., .. 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L AM _ ...A r-;- "I~ II' H" -~ ~....,. l~r I rOIl ~ ~ e'¡ ~ '7 .' ~ " · .. 0 -- ~ . . ... ,. . III .." ~ ' .' J -:To: 1.11 JI ~ . ..., - , · · " ".. III' ï; - L. '.15 .. -" i I¡" ,/I , ". 1- ~ ,~, ," · ""~("Jii-1"- t: . , " , · · lirI ,=, "tU .;,,-11 ŒP" " ,~, . . , . .... .. Iv .. -:.. ',. ,~, II. , .. . ~ ..-.J.- ~ tØ II .' ", 1__' , . I~ ' ~ .Â , ~ -j;- , . . .. .' ~,W'v . ::t: '. Ii- I ",I:.J ,. r~ "',. : .:..¡.~ t :".. ,.,~ ~~\ _~ . . ~~ . ..'" . f6 _-~t-'. . ij .. I. ' nl"~ ,,. . . t"~' ~ a- t!::;¡ , 111 , 1_" L- I..!..! 4r"1) ~ .... -r ' , . "I' , ,,~aT -....,¡;;;; -. ~ ~ I r I ~. t.', t! · -ill! / g§3[J ß.f~t: ::h .. õlr', ( " ~. . - '") '::-1 - ~"'L r¡ \ , r - " , .., " '..:¡ 1 r \1 . - L-,j ¡J ..J .....-' \~- C' P [' I r-.! c\ N C~. ~': \: . AN ORDINANCF OF 1'~F. CITY cnl\,!ì\qf'SION OF TPE CITY OF DELRA Y BF.ACP, FL(1P' IDA, M~H::þ'DINr, TITLF. XIII, "GENERAL OFFENf1ES", OF TPE CODE OF OPDIKANCEf. CF Tf-tE CITY ('IF DELRA Y BEACH, -¡;'T,ORIDA; BY A\ŒNDING CPAPTER 132, "OFFENSES AGAINST PTJBI,IC PEA CF, A r-,TD SAFETY", R Y EN ACTI!-JG A NEW SECTION 132.09, "~KA TE~OARDn-!G A NT) THE LIKE PROHIBITED", PROVIDING FOR RESTRICTIONS IN CERTAIN AREAS; PROVIDING FOR A GENERAL REPEALER CLAUSE: PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE, WHEREAS, the area in the vicinity of th'e Central Business District, especially along Atlantic A venue, is freq uently cong-ested with pedestrians and vehicular traffic, and skateboarding, roller-skates, and the like, create a11 e,dditiona] ha7.ard; an", WHEP.EAS, such activities in City parking' lots anò on public rights-of-way increases the likelihood of damap'e to parked cars find of injury to individuals. NOW, THEFEFOPE, FE IT ORDAINED ~Y TPE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOPIDA, AS FOT:T.OWS: Section 1. That TitJe }:III, "(;enerAl Offenf::es", Chapter 132, "Offensps AgRinst Public Peacp and Safet:r", of the Code of Orciinnnces of the City of Delray BpRch, Florida, be, And the SIlme is hereby, amencieè to enact a new f¡ection 132.09, "Skatebonrding and the Like Prohibited", to read as folloy's: n 32.09 SkaV'eboarcìÜ,1;?' and the r,i:kf' Prohibited. I It E;hflll be unlawful for nny perE;nT'! upon roJler ¡::;}rat"'R, ::;kateboards, bicycles, or rÌ<iinP.' in or by any mPAns of aw' 0,('If)stl?r, toy vphìcle, plll~! vp.hicll?, or similar c1 ~'rice : &-~ (A) \','jt~e e:-:cp.ntion O. f hk"cles, to r"0 11!10n RnV rnRè.wav nesip:ne0 for vehicle trnffic ¢ent whUe crossirg 811iè l'0D(h.'p" at A crM~wlJ!k. (R) T~ 8~~; in {lrW cHv-nwnetÌ PQrkirH'''' l0t. (C) To go upon 8T':V sic1e\'!aJk .Ql' st:r<;,~t 11") th? rcntTfil Buainr;ss Zoning Pistrkt ('f ð0wnto".'r:1 Dr.Jra~: PI"(1Cr.. Ð""Ò Ala,,!! AtJn.ntic Avenue between A-I-A on the PMt nnd 1-95 nn the west. (D) To opprf!te said èe,ricef. in :'! r(>ckless mEn'npr on any puhlic sidewaJk. No person sha1l ridp P. skateboarcì 01' rol1f'\r-~)\flte on p. Sic:1P'\.'7p.1k wÌtpout exercising- due carl') for the safety of 0thers usin?' the sic1ew::tlk.. - Section 2. That 1l1l nrdinp.ncp.s or PfJ.l'tP, of 0rdinflnces which arp. in conflict herewith are hereb~T repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any parallraph, ßentence, ('Ir word he declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to he invalid. Section 4. That this ordinance shall become effective ten (10) days after its passa!?'e on second and final reac1Ìn¡;r. u.)S\ , - , PASSED AND ADOPTED in rE'(?'u]ar session on sp.cond and finRl readinp,- on this the day of , 1990. ~iTAYO~ ATTEST: Cit~r Clp.rk First Heading- ~econd ReDdinp: . .I I I I, ~ ('PD. NO. --- CITY OF DELRAY BEA[H' . CITY ATTORNEY'S OFFICE 3ìO S.I, 1st STREET, SCITE ~ DURAY BEACH, FLORI0A 33483 ~1J7/143· 7090 TFLECOPI[R 407(178-4755 YEt\~ORANDUl\1 Date: February 22. 1990 To: City Commissicl1 From: Herbert W. A. Thjelr;>, Citv Þ. HI")f!H~" Subject: Proposed Draft Or(linnT'cP R~P.'u]nti!"! g' Skntpbol\rds. RoHer Skates. Poller Skis. Picycles, I':nd PIa:' VE'nkI~~ / Pursuant to yourl direction Rt n recent Citv Commi8sion worksl1nr meetin~ . attl'lched he7'eto rlease fine' n drl\ft or f1 '07'oposeè or(1inance re~ulating skateboard!:; . roller skatf!s. rolJer skis. hicycles. and play vehicles. This ordinance should now he reschpduled for another workshop meetin~ setting' it ror further consideration and direction ns to areas of applicability. We also have 0htained e}:amples of other local r:oVf~rnments' orrlinances on tnis suhject which we will send to you upon request. Please can me if you have any questionR. tf¡, P. :Jw Attachment cc: Malcolm Birr.. Interim Cit~T l\~ana~er David Kovacs. Direct0r of Planning & Zonin rr Chief Charles .Kilf!ore. Delre.y Reach Police Departmf'nt Gates Castle. City EnginAPr Cheryl Leverett. Administrative A ssistant III !, ¡ I ~ . ~ . , - . . PLANNING AND ZONING DEPARTMENT MEMORANDUM . TO: Q THIELE. CITY ATTORNEY FROM: Ig-fAJJ~.U~R DEPARTMENT OF PLANNING AND ZONING DATE: FEBRUARY 23, 1990 SUBJECT: DRAFT ORDINANCE RE REGULATION SKATEBOARDS, ETC Thank you for the advance copy of this draft ordinance (your memo of February 22nd). Please consider the following: Re: (C) prohibition on streets in the CBD: * the-boundaries of the CBD are to be expanded to include the Pineapple Grove Area and the LC area east of the Intracoastal; thus, the area of applicability will expand. * as written, a bicyclist will not be able to get from A-1-A to the west except via the George Bush Boulevard bridge or the Linton Boulevard' bridge. * the concept of not allowing bicyclists (except by "Walking~ their bikes) to enter the downtown area is contrary general thoughts which tend to de-emphasize dependence on the automobile for 'getting around and for having the bicycle be an alternate form of circulation. Re: (B) prohibition on bicycles in city parking lots: * again this is contrary to general thought which would encourage folks, especially children, to visit a facility'like-the-public library while using bicycles as their means of transportation. * assuming the use of bicycles is not prohibited entirely in the CBD, it is appropriate that a bicyclist (who is to obey all rules pertinent to automobile driving) should be able to navigate within a parking lot to reach a destination. ~ I ~ . í . . To: Herb Thiele, City Attorney . -Re: Draft Ordinance Re Regulation Skateboards, Etc February 23, 1990 Page 2 Say, would you like to go for a ride someday? DJK/dlm c: Malcolm T. Bird, Interim City Manager Chief Charles Kilgore, Delray Beach Police Department Gates eastle, City Engineer Cheryl Leverett, Administrative Assistant III DJK/#58/CASKATE.TXT . .- J I ~ . . 'r . . c '-' . -- ..- . ...-- ,- - - ,-, -::!J~:~·7}\~¡~:: ~C:. 7-90 , .ì , Àl'1 OP.DINANCE ',)F THE CITY COMMISSI'JN OF THE CITY OF I DELRAY BEACH, FLORIDA, AMENDING TITLE IV, " PUBLIC WORKS" , CHAPTER 51, GARBAGE Þ.ND TRASH" "COLLECTION SERVICES, REQUIREMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.18, "TYPES OF SERVICES FOR PICKING UP GÞ.RBAGE AND TRASH", BY mtAcTING A NEW SUBSECTION I 51.18(F), TO provide THAT THE CITY SHALL ISSUE , RECYCLING CONTAINERS TO ALL RESIDENTS, INCLUDING , CONDOMINIUMS AND COMPLEXES CONTAINING THIRTY (30) OR \ ¡ MORE DWELLING UNITS i TO PROVIDE THAT PJ1.RTICIPATION I IN THE RECYCLING PROGRAM IS MXNDATORY WITH FEES TO ! BE PAID PURSUA..~ TO SECTION 51.10, TO PROVIDE THE TIMES OF COLLECTION, TO PROVIDE FOR THE HANDLING OF I UNACCEPTABLE RECYCLING MATERIALS, TO PROVIDE FOR THE I REPLACEMENT OF RECYCLING CONTAINERS IN THE EVENT THE CONTAINERS ARE LOST OR STOLEN OR DAMAGED; PROVIDING A SAVING CLAUSE; PROVIDING A GENERll REPEALER " CLAUSE; PROVIDING AN EFFECTIVE DATE. 'i I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ! CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I 'I Section 1. That Title V, "Public Works", Fhapter 51, "Garbage and Trash", "Collection Services, Requirements", SFctiort 51.18, "Types 'I of Services Provided for Picking Up Garbage and Trash", of the Code of I Ordinances of the Ci ty of Delray Beach, Florida, be, and the same is " I hereby amended by enacting a new subsection 51.18(F) to read as follows: (F) Recycling Program. I (1") Each residence of the City shall be provided one recycling container for the accumulation of mixed I paper glass, plastic and aluminum. I ( 2) All condominiums and apartment complexes containing thirty (30) or more dwelling units shall be provided i recycling containers to collect mixed paper I recyclables. ¡¡ II " ( 3 ) The containers referred to in paragraph one shall be ,¡ " brought to curb-side and recyclables shall be I I collected at least once per week. For each I residence referred to in subparagraph one above, such collection shall be made on one of the regular refuse collection days. For condominiums and apartment referred to in paragraph two above, collection shall be made once per week. ¡I ( 4 ) In the event the . recycling containers contain :1 unacceptable materials, the materials will not be :1 collected and an explanatory notice will be placed I in the container. I il ( 5 ) In the event that the recycling containers are lost, II damaged, or stolen, the residence or condominium or :1 !I II i i I vJ5~ I :1 '!-. ........ .- .... -~ ,I " :.;.; .. ~ . .. ,I t:' I ., II . : I ..~.- ............... .,....~tÞtt/>4. "'.._.......... . .__ "_0' .~ ;o.~-:,,:~:Æi.v2: ü ,- ", f . \..-J .. -" _. -- - --~. ~ --- - .__.. - -. ,- - - Ii ---- . I apartment shall pay the contractor directly for \ replacement containers. I ( 6 ) Participation in the recycling program shall be ! :·1 mandatory, and service charges shall be levied pursuant to Section 51.70. 'i Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a ,I whole or part thereof other than the part declared to be invalid. iI I Section 3. That all ordinances or parts of ordinances in I conflict herewith be and the same are hereby repea~ed. Section 4. That this ordinance shall become effective immedi- ately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 1990. MAY 0 R ATTEST: I I City Clerk First Reading Second Reading \ ! ! " il , 1 I I. , , , I 2 .1 I ORD. NO. 7-90 I i ,~. ~ 1\ .. '. ........... it,....', "'{~'"ti~' j ; ¡\ -- ..._~ - '-'-" "" - ..... ;·....4't#~V'V··:i~ CITY DF DELli ~.~, ~ BEAtH .... .., ' .., H ~í~ CITY .üTTORNEY'S OFF1:' ~ . ~':~~'10R\Nr,TJ~1 l~¡CI t~, FC:Jl ud;:Y 1.2, '1 r.· ..... _./_ v Tr-.> : Malcolm T, Bin;¡ In~erim City Manager Gd to::; Ca~ \' :"c I :-.1. ty Engineer From; Susan A. Ruby, Azsistan~ City Attorney SubjE::ct: Draft: Letter from Gates Castle to Mrs. Et.tore Morç·tti of Janua~y 16, .1.990 - Re::ycling The Clty's Code of ~rdinances No. 54-89 provides that charges for garbage and trash pick-up service shall include a charge for recycling service and such charges shall continue monthly unless service is discontinu.ed in accordance with Sect.ion 51.72. Florida Statutes Section 403.701 - 403.73, "Florida Resource Recovery and Hanageffient Act" in its public purpose section, subsection 403.702(c) states that the purpose of the act is to "provide the authority, and require counties and municipalities, to adequately plan and provide for efficient environmentally acceptable resource recovery and management..." Section 403.702(g) seeks to "promote the recycling, reuse, or treatment of solid waste, specifically including hazardous ',.¡aste, in lieu of disposal of such wastes". Florida Statutes Section 403.704(3) mandates that the Department of Environmental Regulation "promote the planning and application of recycling. . . " Florida Statutes Section 403.706 states that there shall be local resource recovery program implemented by special act or inter local agreement which shall adequately provide for recycling. Florida Statutes Section 403.706(3) permits municipalities, by ordinance, to adopt more stringent standards than those imposed by the state. The interlocal agreement between the City and the solid waste authority does not indicate whether recycling is mandatory as to the participation of each resident. The agreement between the Ci.ty and Waste Management states that by October 1, 1989, Waste Management shall ini-ciate a City-wide recycling program with each resident to receive a recycling container. I, ~ I ~ . f . . Ma'.c01m T Bird, Interim rity Manage~ Gates Castle, City Engin.eer FCDruary 12, 1990 Page 2 It is my opinion tha-c t ClC State requires mu:Ücipall t.~ics to implement recyclin9 pr'ograms. It, is my opinion that the intent Ot c·rdinance 54-89 i;:; tha.t tjarbage. and trash customer shall also be required to pay 3 recycling fee whether they decide to utilize the recycl ir~g contain~r or not. There.fore, I believe the letter of January 16, 1990 to Mrs. Morotti is essentially a ~orrect statement of the law and its intent. However, it is also my opinion that the City's (~ode of Ordinances should be amended to clarify and expressly provide that the recycling fee is mandatory. Therefore, I have attached for your review, an ordinance amending the City's Code of Ordinances which mandates recycling as well as the lett.er from Mrs. Marotti for your information. ~. Attachment cc Malcolm T. Bird, Interim City Manager Robert Barcinski, Assistant City Attorney David M. Huddleston, Director of Finance Jan Williams, Director of Utility Billing I, ~ . I ~ . ~ . . . WOR./(s HoP -" ..- JTE M 4- lJPD~í£j) )/~/90 , CITY OF DELRAY BEACH REFURBISHMENT OF MISCELLANEOUS CITY PROPERTIES INCLUDING CITY HALL, COMMUNITY DEVELOPMENT BUILDING, PUBLIC WORKS DEPT AND THE LAKE IDA COMPLEX APPROXIMATE ESTIMATE DIGBY BRIDGES, MARSH & ASSOCIATES FEBRUARY, 1990. . . . APPROXIMATE ESTIMATE City Hall - Ground Floor ; South Wing $95,560 Second Floor . Central Area $20,000 , Council Chamber and Rer.eption Area $42,226 * Furniture and UPS hookup to generator $70,000 Demolition of Community Development Building and beautification of area $37,200 Public Works Complex ; Attorney's Office $25,880 Engineering Inspector's Dept. $15,730 Sanitation Building $25,000 Electronic Gate $10,000 $76,610 Lake Ida Complex $10,000 Moving Expenses $10,000 $ 361,,596 Voice/data cabling to City Buildings - Estimate by MIS IOO,OOO $:461,596 ADD:- Contingency Amount 10% $ 46,160 $ " 507 , 756 Add:- G.Cs Overheads and Profit $ 76,163 $ 583,919 ADD:- Architect's Fees 8% $46,714 Constuction Manager - 6m. @ $3000 $18,000 $ 64,714 ESTIMATE TOTAL $ 64ö,633 * Includes Changes recommended by Commissioner Andrews . EN~lHEEEINº-DEPAR-IMEHI M E M 0 RAN DUM TO: MALCOLM T. BIRD INTERIM CITY MANAGER FROM: J:1 ~t GATES D. CASTLE, P. E. CITY ENGINEER/DIRECTOR OF PUBLIC WORKS DATE: MARCH 2 , 1990 SUBJECT: REFURBISHING OF CITY FACILITIES Attached is a copy of Digby Bridges' transmittal letter with cost estimate to refurbish various City facilities in conjunction with the move into the new wing and resulting relocations. By copy of this memo to Dave Huddleston, it is requested that a funding source for the estimated $ 500,000.00 cost (not including computer work) be identi- fied, if possible. Direction is requested regarding whether to negotiate a change order with the City Hall Expansion contractor or bid the work. GDC:kt cc: Dave Huddleston Attachment ¡ I ~ . ; ~4 .. .", Digby Bridges, Marsh & Associates, P.A. . ~ 124 N.E. 5TH AVENUE, DELRAY BEACH, FL 33483 i 407-278-1388 ! ¡ I I i I -- --- .---------..-- ---~_.~- --- ,-)..JYvr --~-~----~-~-- --- - --_._~- -----~-- - --- .-- - - -. ---~--_.------- - - - --.--- ------- -- ------ -- - ---- ----- ~~ -------- - --- -- --- - .-- ----- ~(.. ..,~ ------------. - _.~.- --------- ~?f<.- , -------- ~- --- ----,---~_.- --. 28 February 1990 City of Delray Beach Attn: Gates Castle Engineering Department 101 N. W. 1st Street Delray Beach, FL 33444 Re: City of Delray Beach/Cost Estimate Dear Gates: Vole are pleased to forward to you the approximate estimate for work to be carried out at the City Hall, Public Works Complex, Lake Ida Complex, Demolition of the Community Development Building, and other items. We must point out the following that we have allowed for no work to the roof over the commission chambers. This roof, we have always felt is in a reasonable state of repair and is worth leaving for the moment. We also have not included the Voice/data cabling to the city buildings, as this estimate will be forth coming separately. If you require any further information, please contact me. Kind regards, Yours sincerely, DIGBY BRIDGES, ~~RSH & ASSOCIATES, P .A. ~~ Digby Bridges, A.I.A., H.LB.A. , A.A. Dipl. Hons. DB/jl Enclosure CHAR;~.7::__:' ' :_-¡'~ '::T'~ ,'~",,' - _:~ .. :.:.,,:' _ _~~" "..:.~...._:~r(;..? _)[:~'~"(_'~'.' ¡':'~'\'~~ ~ . . t . . . . , CITY OF DELRAY BEACH REFURBISHMENT OF MISCELLANEOUS CITY PROPERTIES INCLUDING CITY HALL, COMMUNITY DEVELOPMENT BUILDING, PUBLIC WORKS DEPT AND THE LAKE IDA COMPLEX APPROXIMATE ESTIMATE DIGBY BRIDGES, MARSH & ASSOCIATES FEBRUARY, 1990. J ~ . ; . , . APPROXIMATE ESTIMATE City Hall - Ground Floor ; South Wing $95,560 S~cond Floor ; Central Area $20,000 Council Chamber and Re~eption Area $28,226 Furniture and UPS hookup to generator $70,000 Demolition of Community Development Building and beautification of area $37,200 Public Works Complex ; Attorney's Office $25,880 Engineering Inspector's Dept. $15,730 Sanitation Building $25,000 Electronic Gate $10,000 $76,610 Lake Ida Complex $10,000 Moving Expenses $10,000 $34.7,596 Voice/data cabling to City Buildings - Estimate by MIS - $34.7,596 ADD:- Contingency Amount 10% $34.,760 $382,356 Add:- G.Cs Overheads and Profit $57,353 $4.39,709 ADD:- Architect's Fees 8% $35,177 Constuction Manager - 6m. @ $3000 $18,000 $53,177 ESTIMATE TOTAL $4.92,886 ¡ I ~ . , .