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Agenda Reg 12-10-02City of Delray Beach Regular Commission Meeting Tuesday. December 10, 2002 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW let Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULE$ FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Be Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMI88ION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURE8 Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The Caty will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROLL C~T.T.. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: NONE PROCLAMATIONS: NONE PRESENTATIONS: A. Fire-Rescue Dive Team Recognitions CONSENT AGENDA: City Manager Recommends Approval. FINAL SUBDIVISION PLAT APPROVAL/PINEAPPLE GROVE VILLAGE: Approve the subdivision plat for Pineapple Grove Village, located on the east and west side of N.E. 3'd Avenue, between N.E. 2"d Street and N.E. 3*a Street. Bo DELRAY LAKES HOMEOWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT; Approve an agreement between the City and Delray Lakes Homeowners' Association allowing the Delray Beach Police Depatiment to enforce local and state traffic laws on its property. SERVICE AREA BOUNDARY AGREEMENT/PALM BEACH COUNTY: Approve an agreement between the City and Palm Beach County establishing the utility service area boundary for potable water, reclaimed water, and wastewater utility service. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/ SAN SEBASTIAN: Authorize the City to act as the utility permit applicant for the installation/construction of a water mare extension within the state right-of-way at the southeast comer of N.E. 1st Street and northbound Federal Highway and approve a Hold Harmless Agreement with the developer (Centex Homes, Inc.). DESIGNATION OF AUTHORITY/HOLD HARMLESS AGREEMENTS: Approve a request to allow the City Manager to approve, enter into, and execute standard hold harmless agreements on behalf of the City for work to be performed within the public fight-of-way. -2- 12-10-2002 Fo Go Ho Jo SPECIAL EVENT REOUEST/FOTOFUSION 2003: Approve a special event request by Palm Beach Photographic Center for Fotofusion 2003 to be held January 21 through January 25, 2003; including a waiver of rental fees for use of City facilities, waiving costs associated with constructing/installing event signs and banners (approximate cost $250.00), and staff assistance with constructing/installing signs and banners. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for January 23, 2003 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per I.DR Section 2.4.6(1-t) for the closure of Adandc Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control banner hanging and removal, barricade set-up/removal, trash removal and dean up, and use/set-up of City stages. MEMORANDUM OF AGREEMENT FOR PARTICIPATING AGENCIES: Approve an agreement between the City of Delray Beach and the City of Miami for the reimbursement of salaries of firefighters of participating agencies in the Urban Search and Rescue Response Task Force from the Federal Emergency Management Agency (F~.m). RATIFICATION OF AMENDMENT: Accept and ratify the extension to the Contract for Sale and Purchase between the Block 77 Development Group, L.L.C. and the Community Redevelopment Agency (CRA). REVIEW OF APPEAl.ABLE LAND DEVELOPMENT BOARD ACTIONS; Accept the actions and decisions made by the Land Development Boards for the period December 2, 2002 through December 6, 2002. AWARD OF BIDS AND CONTRACTS: Purchase award to Eimco Process Equipment Company in the mount of $60,000.00 for labor and equipment for the rehabilitation of the mechanical components of Clarifier No. 3 at the Water Treatment Plane Funding is available from 442-5178-536-64.90 (Other Machinery/Equipment). REGULAR AGENDA: Ao Bo APPEAL OF PLANNING AND ZONING BOARD DECISION/SABAL LAKES: Consider an appeal of a derision of the Planning and Zoning Board's action regarding the Master Development Plan Modification associated with the Sabal Lakes Phase IV Development. (Quasi-Judicial Hearing) ITEM REMOVED 12-10-2002 10. 11. 12. Co TRIPARTITE AGREEMENT; Consider approval of a tripartite agreement between City of Delray Beach, Community Redevelopment Agency (CRA), and Delray Crate and Freight, Inc. for the retail post office in Pineapple Grove. The City and the Community Redevelopment Agency will each contribute $8,972.00. Do DESIGNATION OF AUTHORITY/LICENSE AGREEMENTS: Consider approval of a request to allow the City Manager to approve, enter into, and execute standard license agreements on behalf of the City for ce~ain events to be held at the Tennis Center. FUNDING AGREEMENT/BUSINESS RECRUITMENT: Consider approval of an agreement between the City of Delray Beach, Community Redevelopment Agency (CRA), and the Greater Delmy Beach Chamber of Commerce for funding for a Executive Director of Business Recruitment position commencing January 1, 2003 for a two year period subject to budget. Fo POLICIES AND PROCEDURES/SPECIAL EVENTS: Consider approval of the policies and procedures for special events in the City of Delray Beach with an effective date of July 1, 2003. G0 REQUEST TO (;HANGE $,OARD LIAISON ASSIGNMENT: Consider a request to change the City Commission Board Liaison assignment regarding the Community Redevdopment Agency. PUBLIC HEARINGS: RESTATED LEASE AGREEMENT/BOYS & GIRLS CLUB: Consider approval of a restated lease agreement between the City of Delray Beach and the Boys & Girls Club of Palm Beach County for property in Lease Area Four. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ho ORDINANCE NO. {iQ-02: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. If passed, a public heating will be scheduled for January 7, 2003. -4- 12-10-2002 ORDINANCE NO. 59-02: An ordinance mending Chapter 33, "Police and Fire Depatunents", Subheading "Pensions", of the City Code of Ordinances to provide credit for police/ftrefighters with previous service as a general employee. If passed, a public hearing will be scheduled for January 7, 2003. ORDINANCE NO. 58-02: An ordinance amending Chapter 33, "Police and Fire Deparmxents", subheading "Pensions", of the City Code of Ordinances to allow police officers/firefighters credit for prior service as a police officer/firefighter with another employer. If passed, a public heating will be scheduled for January 7, 2003. Do ORDINANCE NO. 56-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to provide for the purchase of prior government service under the general pension plan. If passed, a public heating will be scheduled for January 7, 2003. ORDINANCE NO. 57-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to allow previously excluded employees to participate in the general pension plan. If passed, a public hearing will be scheduled for January 7, 2003. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: DECEMBER 6, 2002 -5- 12-10-2002 CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - DECEMBER 10~ 2002 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM TO: REGULAR AGENDA: RESOLUTION NO. 97-02: Consider approval of Resolution No. 97-02 authorizing the initiation of conflict resolution procedures between the City of Delray Beach and the Lake Worth Drainage District regarding the L-30 Canal. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. [ITY I]F I]ELAI:IY BEACH GITY ATTORNEY'S OFFIGE 1993 RECEIVED DEC 9 - 2002 CITY MANAGER 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct L~ne: 561/243-7091 MEMORANDUM DATE: December 9, 2002 TO: David Hard,,en, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Resolution Re.qardinR LWDD Canal Dred.qing Proiect Attached please find a proposed resolution regarding the canal dredging project t by LWDD on the L-30 canal. If you want to place this resolution on the Commission agenda it will need a resolution number. Please call if you have any questions. RESOLUTION NO. 97-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF, I.RAY BEACH, FLORIDA, STATING THE CITY'S INTENT TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, REGARDING A CONFLICT WITH THE LAKE WORTH DRAINAGE DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to initiate the conflict resolution procedures of Chapter 164, Florida Statutes, also known as the Florida Governmental Cooperation Act, with regard to a conflict with the Lake Worth Drainage District ("District") concerning the clearing of trees and vegetation and lack of erosion control standards from the L-30 Canal fight-of-way, specifically west of 1-95 to the western boundary of the City, in the City of Delray Beach; and WHEREAS, numerous City representatives, including the City Manager, and City residents who will be directly and/or indirectly affected by the actions of the District have addressed their concerns to the District without a satisfactory response or resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The Commission of the City of Delray Beach hereby declares its intent to initiate the conflict resolution procedures of Chapter 164, Florida Statutes with regard to a conflict with the District regarding the removal of trees and vegetation and lack of erosion control standards from the L-30 Canal, specifically west of 1-95 to the western boundary of the City, in the City of Delray Beach prior to initiating court proceedings to resolve the conflict; specifically the issues of conflict to be resolved are set forth in Section 2 of this resolution. Section 2. The issues of conflict with the District regarding removal of trees and vegetation and lack of erosion control standards from the L-30 Canal, specifically west of 1-95 to the western boundary of the City, sought to be resolved are: (a) the impact of such removal on wildlife habitat; (b) the impact of such removal on the character and aesthetics of the neighborhood; (c) the loss of green space; (d) the potential of removal to contribute to erosion of the banks of the L-30 Canal; (e) failure to obtain a permit and otherwise comply with Section 2.4.6(G) of the Land Development Regulations requiring a tree removal permit, if applicable; applicable; failure to comply with Section 4.6.17(C) regarding erosion control standards, if (g) failure to comply with Objective B-2 of the Comprehensive Plan of the Code of Ordinances regarding the protection of flora and fauna, if applicable; (la) failure to comply with Policy B-2.2 of the Comprehensive Plan of the Code of Ordinances regarding the requirement to submit plans for the protection of flora and fauna, if applicable; (i) failure to comply with Policy B-2.3 of the Comprehensive Plan of the Code of Ordinances regarding the requirement to obtain a tree permit for the removal or destruction of a tree that has a diameter of 4" or greater, if applicable; 0) Objective C-2 of the Comprehensive Plan of the Code of Ordinances providing that the City shall support and partidpate in regional efforts to protect and enhance the quality of waterways, including the drainage canal system, ff applicable. Section 3. The City Clerk is authorized and directed, within 5 days of the passage of this resolution, to provide a letter and a certified copy of this resolution by certified mail, return receipt, to the Manager of the District. Section 4. That this resolution shall be effective immediately upon adoption. PASSED AND ADOPTED in regular session on the day of ,2002. ATI'EST: MAYOR City Clerk 2 RES. NO. 97-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # - REGULAR MEETING OF DECEMBER 107 2002 FINAL PLAT APPROVAL/PINEAPPLE GROVE VII JL&GE DECEMBER 6, 2002 This is before the Commission to approve the final subdivision plat for Pineapple Grove Village. The property consists of 130 apatunents and 25 rental townhomes and is located on the east and west side of N.E. ya Avenue, between N.E. 2nd Street and N.E. ya Street. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Pineapple Grove Village. S:\Caty Clerk\chevelle folder\agenda memos\Final Plat. Pineapple Grove VRlage. 12.10.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: PROJECT: David T. Harden Randa, L. Krejcarek, P.E./~_.¢.~,~ 04 Dec 2002 Pineapple Grove Village Plat Request for Commission approval of the Pineapple Grove Village pi.at. The property is located on the east and west side of NE 3rd Avenue between NE 2n° Street and NE 3rd Street, This plat includes approximately 130 apartments and 24 rental townhomes. Planning and Zoning Board approved this plat on 18 Nov 2002. Attached is a location map and reduced copy of the plat. Please place this agenda request on the 10 Dec 2002 Commission Agenda. Thanks! enc cc TAC file file: S:\EngAdmin\TAC\Pineapple Grove Village\plat agenda memo 10dec2002.doc Printed: 12/4/2002 .N E 5TH ST N E 5TH' ST. LAKE I D A R 0 a D ~ N E ~TH ST " · -- N E 1ST ' -- z ATLANTIC AVENUE (5 ;D c,~ o, D~..AY.~AC. PINEAPPLE GROVE VILLAGE ~A~,*-~-O~ E~R~ME~AL 8ER~ES DEPA~ PLat pin~pplegro.,,ll ~~A~~Y~~A~ LOCA~ON MAP I OF I SUBDIVISION OF BLOCK 81 .--EJ-E. JRo StREEt ALE. JRfl STREET ALE. 2NO STREET i i i I I i I I I .4 'ri ,.i ?i I [ITY OF DELRFIY BEFI[H CITY ATTORNEY'S OFFICE 1993 300 W ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/'243-7823 · FACSIMILE 561/243-7815 POLICE LEGAL ADVISOR POLICE LEGAL ADVISOR MEMORANDUM To: Mr. David Harden, City Manager From: Catherine M. Kozol, Police Legal Advisor Date: December 2, 2002 Re: Delray Lakes Traffic Enforcement Agreement Attached for your review and insertion on the Consent Agenda are three originals of the traffic enforcement agreement with Delray Lakes. The Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of Delray Lakes. The Department feels that allowing enforcement of state and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. The Association will pay $1.00 per month to cover the costs of enforcement and will add the City as an additional insured on the liability insurance policy for $100,000.00. A copy of the Certificate of Insurance is enclosed. If this Agreement meets with your approval, would you kindly place this on the Consent Agenda at the next scheduled Commission meeting. When all of the agreements have been signed, I would appreciate it if you would return one original to me for forwarding to the Homeowner's Association. Thank you for your courtesy and attention. Ath/encs. cc: Susan Ruby, City Attorney DELRAY LAKES HOMEOWNERS ASSOCIATION, INC TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in Delray Lakes as effective as possible; and WHEREAS, the DELRAY LAKES HOMEOWNER ASSOCIATION, INC. (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the CITY Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of traffic control and traffic enforcement that occur on the ASSOCIATION'S property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. 5. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 6. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the DELRAY LAKES HOMEOWNER ASSOCIATION, INC. and shall continue in full force and effect until rescinded by either party. Under no circumstances may this agreement be renewed, amended, or extended except in writing. 7. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 8. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorney's fees. 9. The ASSOCIATION, by signing below, affirms that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. This agreement made and entered into on this November, 2002. day of City of Delray Beach, Florida By: City of Delray Beach by Mayor David Schmidt ray Lakes Homeowner Assn. by George M. Cominsky, President. ATTEST: City Clerk Approved as to form 0~, Y CERTIFICATE OF INSURANCE The c~any indicated below certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does no~ amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy numbered and described below. CER?IFJCATE HOLDER: THE CITY OF DELRAY BEACH 100 W ATLANTIC AVENUE DELRAY BEACH, FL 33444 INSURED: DELRAY LAKES HOHEOWN~RS ASSOCIATION. INC. DBA<DELRAY LAKES CUSTOM PROPERTY HGMT 232B S CONGRESS AVE STE 2A W£ST PALM BEACH, FL 33406 TYPE OF INSURANCE LIABILITY (X] Liability and Medical Expense Personal and Advertising Injury IX] Medical Expenses IX] Fire Legal Liability [ ] Other Liability POLICY NUMBER & ISSUING CO. 77-BP-395811-3001 NATIONWIDE MUTUAL INSURANCE CO. POLICY EFF. DATE 08-01-02 POLICY EXP. DATE 08-01-03 LIMITS OF LIABILITY (*LIMII~S AT INCEPTION) Any One Occurrence ........ $ 2.000,000 Included in Above - Any One Person or Organization ANY ONE PERSON ........... $ 5.000 Any One Fire or Explosion $ 50.000 General Aggregate* ....... $ 2.000.000 Prod/Comp Ops Aggregate* . $ 2.000.000 AUTOMOBILE LIABILITY [ ] BUSINESS ALrro Owned Hired Non-Owned Bodily Injury (Each Person) .......... $ (Each Accident) ........ Property Damage (Each Accident) ........ $ Combined Single Limit .... EXCESS LIABILITY [ ] Umbrella Form Each Occurrence .......... $ Prod/Comp Ops/Oisease Aggregate* ............. Workers' Compensation and Employers' k~ability STATUTORY LIMITS BODILY INJURY/ACCIDENT ... $ Bodily Injury by Disease EACH EMPLOYEE .......... Bodily Injury by Disease POLICY LIMIT ........... $ The above ik listed as Additional Effective Date of Certificate: 08-01-2002 Date Certificate Issued: 11-15-2002 Insured DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES/RESTRICTIONS/SPECIAL ITEMS ~NFI£LD CT,CANOE POINT ANCHOR POINT,DELRAY LAKES BLVD D[LRAY BEACH, FL 33444 Authorized Representative: Countersigned at: STEPHEN R SCIENZO 1172 SW 30TH ST SUITE 200 PALM CITY. FL 34990 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~*z]l/l AGENDA ITEM # '~ REGULAR MEETING OF DECEMBER 10, 2002 SERVI~E AREA BOUNDARY AGREEMENT/PALM BEACH COUNTY DECEMBER 6, 2002 This is before the Commission to approve a Service Area Boundary Agreement between the City of Delray Beach and Palm Beach County. The agreement establishes the utility service area boundary for potable water, reclaimed water, and wastewater utility service. The agreement has been reviewed and approved by the City Attorney's office. Recommend approval of the Service Area Boundary Agreement with Palm Beach County. S:\City Clerk\chevelle fokle~\agenda memos\Serwce Area Boundary Agreement\Palm Beach Cotmty. 12 10.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: DATE: SUBJECT: David T. Harden City Manager December 3, 2002 Utility Service Area Boundary U M www. mvdelrabeach, com Attached is an Agenda Request and a copy of the Service Area Boundary Agreement which formally establishes the Utility Service Boundary between the City of Delray Beach and Palm Beach County Water Utilities. We have reviewed the agreement as well as the Planning Department and City Attorney's office and determined that it is acceptable. The only major change to our existing Service Area Boundary is the removal of Country Club Acres West of Military Trail. The recent modifications to the Comprehensive Plan approved by City Commission on December 3, 2002, allow for the revision of the Utility Service Area Boundary without affecting our annexation ability. If acceptable, please place this item on the December 10, 2002 agenda for consideration by City Commission. CC.' Richard C. Hasko, P.E., Director of Environmental Services City Clerk Agenda File U'\wwdatahMemo\C~ty Manager\120302-Utihty Service Area.doc AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH ESTABLISHING BOUNDARIES FOR POTABLE WATER, RECLAIMED WATER AND WASTEWATER UTILITY SERVICE THIS AGREEMENT is made and entered into this day of ., 2002 by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as 'COUNTY', and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as 'CITY'. WITNESSETH WHEREAS, the COUNTY and the CITY have adjoining potable water, reclaimed water and wastewater utility service areas; and WHEREAS, it is mutually beneficial for the COUNTY and the CITY to plan and coordinate the provision of potable water, reclaimed water and wastewater within their respective service areas so as not to duplicate capital investments; and WHEREAS, utility service area boundaries must be established to assist the COUNTY and the CITY in effective planning and coordination; and WHEREAS, the COUNTY and the CITY desire to define their respective boundaries for providing potable water, reclaimed water and wastewater utility service. NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and the CiTY agree as follows: 1. -. The CITY shall be the provider of potable water, reclaimed water and wastewater utility service within the service area as noted on Exhibit A as CITY OF DELRAY BEACH POTABLE WATER, RECLAIMED WATER AND WASTEWATER SERVICE AREA (Sheets A-1 thru A-4) attached hereto and incorporated herein. 2. The COUNTY shall be the provider of potable water, reclaimed water and wastewater utility service within the service area as noted on Exhibit A as PALM BEACH COUNTY POTABLE WATER, RECLAIMED WATER AND WASTEWATER SERVICE AREA (Sheets A-1 thru A-4) attached hereto and incorporated herein. 3. The COUNTY AND CITY potable water, reclaimed water and wastewater utility service area boundaries are fully described in Exhibit B attached hereto and incorporated herein. 4. This Agreement shall be binding upon and shall insure to the benefit of the COUNTY and the CITY and their respective assigns and successors by merger, consolidation, conveyance or otherwise. 5. This water, reclaimed water and ~astewater service area agreement defines only the service areas for the utilities herein specified, and does not change statutory boundaries of the CITY, nor confer to the CITY, any development approval rights beyond existing statutory authority nor will the utilities herein named be provided except as set forth in state law and the applicable CITY/COUNTY ordinances. This agreement does not confer any rights to any third persons not a party to this agreement. 6. This Agreement supersedes all previous Agreements, if any, or representations, either verbal or wdtten, heretofore in effect between the COUNTY and CITY, made with respect to the matters herein contained, and when duly executed, constitutes the entire Agreement between the CITY and the COUNTY. No additions, alterations or variations of the terms of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations or waivers are expressed in writing and duly signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first above written. ATTEST: DOROTHY H. WILKEN PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By Deputy Clerk Warren H. Newell, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney A'I~rEST: CITY OF DELRAY BEACH, BY ITS CITY COUNCIL By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney APPROVED AS TO TERMS AND CONDITIONS By: EXHIBIT "A" POTABLE ~ASI_'EI{, I{ECLA. IMED ~A'ATER & B'ASTEBLX_TER SERVICE AREA MAP SHEET BEECHWOOD O2 1 OF DELRAY LEGEND CITY I~' ~EI.R~Y ~ PDTi~.E: W~'i"~, P~ ~ ~ ~T~ W~, ~ ~V~ ~ ~Y PAR K EXHIBIT "A" POTABLE '~'ATEI~, I~ECLAI2~IED ~'ATEI~ '~ ~VAS22E~:ATEI~ ~El~VICE AI~EA h'IAP ~HEET A-~ PraT4 LEGEND P~,..~ ~ C~ul~rrY P~T~ILE: :S:E]~VI~) ~Y I'1~ EXHIBIT "A" POSt'ABLE Vv'ATEI~., I~E('LAIi~IED VV'Aq_,Ei~) de W'AS[['EIVATER SERVICE AREA/¥iAP SHEEq? A-3 {~ONTEREY~ P~ WA*I*~R & WA~*I*~WA*t~R 9m~'V'f~ AREA 26 BOCAIRE COUNTRY CLUB PALIq ~ COUNTY F~TAgLE VATI~R, ~ ~Y ~ EXHIBIT "A" POTABLE ~,'ATEI~, I~E(;LAI~,IED IVATE/~ & ~VASTE~I'ATER SEI,~VI(~E AREA 5IAP SHEET A-4 Exhibit 'B' Palm Beach County - CiW of Delray Beach Service Bounda~_ Description 2002 POINT OF BEGINNING BEING THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 46, RANGE 42; THENCE SOUTHERLY ALONG THE SAID EAST LINE OF SECTION 11, TOWNSHIP 46, RANGE 42, UP TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH BOUNDARY OF THE PLAT OF "HIGH POINT OF DELRAY WEST SEC. 3 CONDO" AS RECORDED IN OFFlCIAL RECORD BOOK 3769, PAGE 1525; THENCE WESTERLY ALONG EASTERLY EXTENSION OF THE NORTH BOUNDARY TO THE NORTHEAST CORNER OF SAID PLAT, THENCE WESTERLY ALONG SAID NORTH BOUNDARY OF SAID PLAT TO THE NORTHWEST CORNER OF SAID PLAT; THENCE SOUTHERLY ALONG THE EAST R O W LINE OF THE LWDD E-3 CANAL TO THE INTERSECTION WITH THE NORTH R O.W LINE OF THE LWDD L-34 CANAL; THENCE EASTERLY ALONG THE NORTH R O.W. LINE OF THE LWDD L-34 CANAL TO THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST BOUNDARY OF LOT 215 OF PLAT OF "COUNTRY CLUB ACRES PLAT ,$" AS RECORDED IN PLAT BOOK 24 PAGE 35, THENCE SOUTHERLY ALONG THE NORTHERLY EXTENSION OF THE EAST BOUNDARY OF LOT 215 OF SAID PLAT TO THE NORTH EAST CORNER OF LOT 215 OF SAID PLAT; THENCE SOUTHERLY ALONG THE EAST BOUNDARY OF LOT 215 OF SAID PLAT, APPROX. 126 FEET, TO THE SOUTH EAST CORNER OF LOT 215 OF SAID PLAT, THENCE SOUTHERLY ALONG THE EAST R O W. OF POLK ROAD, APPROX. 355 FEET, TO THE NORTH EAST CORNER OF LOT 376 OF SAID PLAT, THENCE SOUTHERLY ALONG THE EAST BOUNDARY OF LOT 376 OF SAID PLAT, APPROX 130 FEET, TO THE SOUTH EAST CORNER OF LOT 376 OF SAID PLAT, BEING ALSO THE NORTH WEST CORNER OF LOT 125 OF THE PLAT OF "COUNTRY CLUB ACRES PLAT 3" AS RECORDED IN PLAT BOOK 24 PAGE 32, THENCE EASTERLY ALONG THE NORTH BOUNDARY OF SAID PLAT, APPROX. 280 FEET, TO THE NORTH EAST CORNER OF SAID PLAT; THENCE EASTERLY ALONG THE EXTENSION OF THE NORTH BOUNDARY OF SAID PLAT TO THE INTERSECTION WITH THE EAST LINE OF SECTION 23, TOWNSHIP 46, RANGE 42; THENCE SOUTHERLY ALONG THE EAST LINE OF SECTION 23, TOWNSHIP 46, RANGE 42, TO NORTHEAST CORNER OF SECTION 26, TOWNSHIP 46, RANGE 42, THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 26, TOWNSHIP 46. RANGE 42, TO THE EASTERLY R.O W LINE OF THE LWDD E-3 CANAL, THENCE SOUTHERLY ALONG THE EAST R O.W. LINE OF THE LWDD E-3 CANAL TO THE INTERSECTION WITH THE NORTH BOUNDARY OF THE PLAT OF "COUNTRY LAKE, A" AS RECORDED IN PLAT BOOK 45, PAGE 165, THENCE EASTERLY ALONG THE NORTH BOUNDARY LINE OF SAID PLAT TO THE NORTHEAST CORNER OF SAID PLAT; THENCE EASTERLY ALONG THE EASTERLY EXTENSION OF THE NORTH BOUNDARY LINE OF SAID PLAT TO THE INTERSECTION WITH THE EAST LINE OF SECTION 26, TOWNSHIP 46, RANGE 42; THENCE SOUTHERLY ALONG THE EAST LINE OF SECTION 26, TOWNSHIP 46, RANGE 42TO THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 46, RANGE 42, THENCE EASTERLY ALONG THE NORTH LINE OF SECTION 36, TOWNSHIP 46, RANGE 42, TO THE NORTHEAST CORNER OF SECTION 36, TOWNSHIP 46, RANGE 42, THENCE EASTERLY ALONG THE NORTH LINE OF SECTION 3 l, TOWNSHIP 46, RANGE 43, TO THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST BOUNDARY OF PLAT OF "MYKONOS COURT OF BOCA GOLF AND TENNIS CLUB", AS RECORDED IN PLAT BOOK 66 PAGE 123, THENCE SOUTHERLY ALONG THE NORTHERLY EXTENSION OF THE EAST BOUNDARY OF SAID PLAT TO THE POINT OF TERMINATION ALSO BEING THE SOUTHWEST CORNER OF THE INTERSECTION OF THE CANAL C-15 AND CANAL E-4 RIGHT-OF-WAYS, I:ITY DF DELRGY BEI:II:H CITY ATTORNEY'S OFFICE ~00 mw ~t ^w~,~. ~,~,,^.~ ~^~., ~o,,,~^..~ TELEPHONE 56~/243-7090 · FACSIMILE 561/278-4755 993 DATE: Wdter's Direct Line: 561/243-7091 MEMORANDUM December 4, 2002 TO: FROM: City Commission f Brian Shutt, Assistant City Attorney SUBJECT: Hold Harmless A,qreement with Centex Homes Centex Homes wishes to install/construct a water main extension in the State right of way at the southeast corner of NE 3rd Street and northbound Federal Highway. The State requires the City to act as the permit applicant on behalf of Centex Homes. Please see the attached memo from William Grieve. The City requires the developer, Centex Homes, to enter into a hold harmless agreement. The hold harmless agreement provides that Centex Homes shall defend, indemnify and hold harmless the City and the State for any claim filed against the City or the State as a result of the work performed in the State right-of- way. By copy of this memo to David Harden, our office requests that item be placed on the December 10, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: DATE: SUBJECT: Brian Shutt William A. Grieve, P.E. ~.,,~/~ November 6, 2002 Hold Harmless Agreement for FDOT Utility Permit for San Sebastian Please find attached a hold harmless agreement for work performed within the state right-of-way. San Sebastian, a proposed tQwnhouse community located at the Southeast corner of the intersection of NE3ra Street and Northbound Federal Highway, has been required to construct a water main extension within the State right-of-way. The Flarida Department of Transportation requires the City to act as the utility permit applicafit. The attached agreement holds the City harmless for the work performed under the permit. If the attached agreement is acceptable, please place it on the November 19, 2002 meeting for commission approval. Also enclosed is a location map for this project. enc cc Randal L Krejcarek, P.E. TAC file S'~.ngAdrnm~ TAC\$an Sebasban~hold harmless ag mernoO1 doc RECEIVED CITY A~-~ORNEY ATLANTIC AVENUE t~lt~~ I /i/ /m~~~~~l1111// / '- ES ~ C,~ Of DELRAY BEACH SAN SEBASTIAN E~R~ME~AL ~CES DEPA~E~ LOCATI ON MAP ~ ~ ~ A~ ~Y ~ ~A ~ 2002--200 1 0F 1 10/21/02 M0N 09:16 FAX 1 561 241 5182 SCHNARS ENGINEERING CORP ~002 HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD 0 c~-o,3£~. , 2002 0aereinai~er referred to as "CITY") and referred to as '~DEVELOPER"). HARMLESS AGREEMENT, is by and between the CITY OF entered into this ~2~,~ day of DELRAY BEACH, FLORIDA, (hereinafter WITNESSETH: DEVELOPER wishes to install/construct improvements in the right-of- way of the State of Florida; and Wl:[EREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WltEREAS, this Agreement shall pro,v/de that DEVELOPER shall hold harmless and defend the CITY and the State for the Work performed in the State right-of-war by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment ofTen Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of ~ction or any claim whatsoever made, and damages, including, but not limited to reasonable 10z21/02 NON 09:16 FAX 1 561 241 5182 SCRNARS ENGINEERING CORP ~003 attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as San Sebastian. 3. DEVELOPER warrants and guarantees to thc CITY that all work on the utility knprovement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shah subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shah be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved eng/neering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 10/21/02 MON 09'16 FAX 1 561 241 5182 SCHNARS ENGINEERING CORP ~004 6. This Agreement constitutes the entire agreemem and understanding of the parties, as h pertains to the construction or installation of the utility. There are no representations or understandings of any 'kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an mount required by law and general liability insurance in the mount of one million dollars ($1,000,000.00) governing bocl/ly injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide tiffs information to the CITY on a Certificate of Iusuranee, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the Oeneral Use Permit Application between the CITY and the State for this project and attached hereto as Exkibit "A". Clerk. Th/s agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By:. City Attorney CITY OF DELRAY BEACH, FLORIDA By: David Scbmidt, Mayor 3 10/21/02 MON 09:17 FAX 1 561 241 5182 SCHNARS ENGINEERING CORP ~005 WITNESSES DEVELOPER: (Print or Type Name) (Print or Type Name) (Prim or Type Nome) Address: %, ~% '~q ~ ~ ~2oo Phone: ('Sa ~ 5'3b-lo o o STATE OF FLOP, IDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of (~xr~tr- ,2002 by ~a.o~ ~[w-a~ (name of officer or agent, title of officer or agent) of ¢~1~o~ ~¢~& o..~'¥- (name of corporation acknowledging), a klevr,.r(a~ (state or place of incorporation) corporation, on behalf of the corporation. He/Fdic is personally known_~to, m~e or has produced (type of identification) as i-denfificadon and did (did not) take Signature ofN~-tary Pul~lic- State of Florida EXPIRES. June 19, 2006 Il 4 EXHIBIT "A" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT FORM 710-010.85 UTILITIES OGC - 01199 Page 1 of 2 PERMIT NO SECTION NO. 93010 STATE ROAD' 5 COUNTY Palm Beach FDOT construction ~s proposed or underway O Yes s No Financial Project ID' Is th~s work related to an approved Ut,hty Relocation Schedule'~ O Yes s No If yes, Document Number PERMITTEE' City of Delray Beach ADDRESS 434 South Swlnton Avenue, Delray Beach, FL 33444 TELEPHONE NUMBER' (561) 243 - 7322 The above PERMITTEE requests permission from the State of Florida Department of Transportabon, hereinafter called the FDOT, to construct, operate and maintain the follo~ng 12"x 8" Tapping sleeve and 8" Tapping valve, Connect to exlstmq 16" DI water mare 50 LF- 12" DI watermam. FROM: TO: Submitted for the PERMITTEE by James W Mahannah, P.E., V.P Schnars En,q Name and Title (Typed or Printed Legibly) S~gnature Date I The PERMITTEE declares that prior to filing this application, the location of all existing ubllbes that ~t owns or has an interest in, both aerial and underground, are accurately shown on the plans and a letter of not~ficabon was maded on see attached letters to the following utiht~es known to be involved or potenbally ~mpacted in the area of the proposed installation FPL, BellSouth, Ftonda Pubhc Utlhbes and C~ty of Delray Beach Uhht~es 2 The local Maintenance or Resident Engineer, hereafter referred to as the FDOT Engineer, shall be notified forty-eight (48) hours prior to starting work and again immediatetyupon complebon ofwork The FDOT's Engineer,s , located at , Telephone Number The PERMITTEE's employee responsible for Maintenance of Traffic ~s , Telephone Number (Th~s name may be provided at the time of the 48 hour nobce prior to sta~ng work). 3 All work, materials, and equipment shall be subject to Inspecbon and approval by the FDOT Engineer 4 All plans and mstallatmns shall conform to the requirements of the FDOT's Utihty Accommodation Manual m effect as of the date th~s permit ~s approved by FDOT, and shall be made a part of th~s permit This prows~on shall not limit the authority of the FDOT under Paragraph 8 of th~s Permit 5 Th~s PERMI%rEE shall commence actual construction ~n good faith w~th~n 90 days after ~ssuance of permit, and shall be completed w~thln 180 days after the permitted work has begun If the beginning date ~s more than 60 days from the date of permit approval, the PERMITTEE must rewew the permit w~th the FDOT Engineer to make sure no changes have occurred to the Transportabon Facd~ty that would affect the permitted construction. 6 The construction and maintenance of such utihty shall not interfere w~fh the property and rights of a prior PERMIT-f'EE 7 It ~s expressly sbpulated that th~s permit ~s a hcense for perm~sswe use only and that the placing of ubht~es upon pubhc property pursuant to th~s permit shall no1 operate to create or vest any property right m sa~d holder, except as provided m executed subordmabon and Radroad Ubhty Agreements 8 Pursuant to Section 337.403(1), Flonda Statues, any ubhty placed upon, under, over, or along any pubhc road or pubhcly owned rad corndor that ~s found by FDOT to be unreasonably mterfenng in any way w~th the convenient, safe, or oontlnuous use, or maintenance, ~mprovement, extension, or expansion, of such pubhc road or pubhcly owned rad corridor shall, upon 30 days' written nobce to the utdity or ~ts agent by FDOT, be removed or relocated by such ubhty at its own expense except as provided m paragraphs (a) and (b), and except for reimbursement nghts set forth ~n prewously executed subordmabon and Radroad Ubhty Agreements, and shall apply to all successors and assigns for the permitted facd~ty 9 It ~s agreed that ~n the event the relocabon of sa~d ubht~es are scheduled to be done s~multaneously w~th the FDOT's constructmn work, the PERMITTEE coordinate w~th the FDOT before proceeding and shall cooperate w~th the FDOT's contractor to arrange the sequence of work so as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the PERMITTEE's failure to comply w~th the approved schedule, and shall comply w~th afl prows~ons of the law and the FDOT's current Ubhty Accommodation Manual The PERMITTEE shall not be responsible for delay beyond ~ts control. 10 In the case of non-comphance w~th the FDOT's requirements ~n effect as of the date th~s permit Is approved, th~s permit ~s vo~d and the fac~hty w~ll have to be brought rote comphance or removed from the right of way at no cost to the FDOT, except for reimbursement rights set forth m previously executed subordmabon and Railroad Ubhty Agreements Th~s prows~on shall not hm~t the authority of the FDOT under Paragraph 8 of th~s Permit 11 It ~s understood and agreed that the rights and pnwleges here~n set out are granted only to the extent of the State's right, btle and ~nterest ~n the land to be entered upon and used by the PERMtTTEE, and the PERMITTEE wdl, at all bmes, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising m any manner on account of the exercise or attempted exercises by sa~d PERMITTEE of the aforesaid rights and pnwleges 12 Dunng construcbon, all safety regulabons of the FDOT shall be observed and the PERMITTEE must take measures, including placing and the d~sptay of safety devines that may be necessary m order to safely conduct the pubhc through the project area ~n accordance w~th the Federal Manual on Umform Trafhc Control Devices, as amended for h~ghways, the requirements of the Standard Apphcabon Package for railways, mctudmg flagging servmes and Railroad Protective Insurance or acceptable alternative, when apphcable, and the FDOT's latest Roadway and Traffic Design Standards and Standard Specifications for Road and Bridge Constructfon, as amended. When a Ubhty deems ~t necessary to conduct Traffic Control acbwbes and methods s~gmflcantly d~fferent from those addressed m the above references, the Utility must submit an alternative plan s~gned and sealed by a quahfied registered Florida professional engineer quahflec to develop Traffic Control Planmng ~n accordance w~th the prows~ons of the Ubhty Accommodabon Manual, Chapter 8 13 Should the PERMITTEE be desirous of keeping ~ts utfl~bes m place and out of serwce, the PERMITTEE, by execubon of th~s permit acknowledges ~ts present and continuing ownership of frs utd~bes located between and w~thm the FDOT's rights-of-way as set forth above Whenever the PERMITTEE removes ~ts faclhbes, it shall be at the Permlttee's sole cost and expense ThE PERMITTEE, at ~ts sole expense, shall promptly remove sa~d out of servme utd~bes whenever the FDOT determines sa~d removal ~s m the pubhc interest 14 In the event contaminated sod ~s encountered by the Ubhty or anyone within the permitted construction hm~ts, the Ubhty shall immed~ately cease work and not¢~ the FDOT The FDOT shall coordinate w~th the appropriate agencies and notCfy the PERMITTEE of any suspension or revocation of the permit unbt contam~nat~or assessment and remed~at~on, as appropnate under Rule Chapters 62-770 and 62-730 Florida Admm~strabve Code, has progressed 1o 3 state that environmental regulatory agencies having junsdIct~on have approved the s~te of the contammabon for resumption of work ' .~ Durmc exca,,gt~op cperat~cns an on-s~te representative of the OERMI .'TTEE ma,.., be .ec~u~red to perform the following act,vrt~es ,.¥ffh respec' 'c *h~fr own '3c!hh~s physically expose or d~rect exposure of underground facd~bes, provide any necessary support to facJlit~es and/or cover aenal facilities as deemed necessary to aka construcbon 16- Pursuant to Section 337 401(2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the ~ssuance of the permit · The ~e~artment may m~bate m)uncbve proceedings as prowded m s.120 69 to enforce provisions of this subsection or any rule or order ~ssued or entered rotc pursuant thereto. 17 Pursuant to Section 337 402, Florida Statutes, when any public road or publ~¢y owned ra~l corndor is damaged or ~mpa~red m any way because of the ~nstallation, inspection, or repair of a ubhty located on such road or pubhcly owned rod corndor, the owner of the utility shall, at h~s or her own expense, restore the road or publicly owned ra~l corridor to ~ts original condition before such damage If the owner fails to make such restoration, the authority ~s authorized to do so and charge the cost thereof against the owner under the prows:ohs of s.337 404 18. Special FDOT instructions 19 It is understood and agreed that commencement by the PERMITTEE is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instructions. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Utdity Permit form, as incorporated by reference into Rude 14- 46 001, for th~s Uhhty Permit has been made which has not been previously called to the attention of the FDOT (and sigmfied to by checking the appropriate box below) by a separate attached wntten document showing all changes and the wntten and dated approval of the FDOT Engineer Are there attachments reflecting change/s to the standard form? [] NO [] YES If Yes, pages are attached. PERMITTEE. Richard C Hasko P E, Director En.q Servfces Name & T~tle of Authonzed Perm~ttee or Agent (Typec or Printed Legibly) SIGNATURE. DATE: APPROVED BY' ISSUE DATE: D~stnct Maintenance Engineer or Des,ghee UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE DATE WORK STARTED. DATE WORK COMPLETED: INSPECTED BY: (Perm,ttee or Agent) REMARKS (Bnef summary of approved plans changes) CHANGE APPROVED BY. DATE: D~stnct Matntenance Engtneer of Designee I the undersigned PERMITTEE do ,~ereby CERTIFY that the util~b/ construction approved by the above numbered permit was ~nspected and installed ~n accordance w~th the approved plans made a part of th~s permit and m accordance wffh the FDOT's current Ubhty Accommodation Manual. All plan changes have been aporoved by the FDOT's Engineer and are attached to th~s permit. I also certify that the work area has been left ~n as good or better cond~bon than when the work was begun PERMITTEE SIGNATURE DATE Name & T~tle of Authorized Permit"tee or Agent (Typed or Printed Legibly) CC Dfstr~ct Permit Office Perm~ttee [ITY JIF DELRrI¥ BErlCH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: Writer's Direct Line: 5611243-7091 MEMORANDUM December 4, 2002 TO: FROM: City Commission----- Brian Shutt, Assistant City Attorney SUBJECT: Designation of Authority to City Manager to Execute Standard Form Hold Harmless Aqreements From time to time the City receives requests from developers to allow for the installation of landscaping, brick pavers, underground utilities or other similar items in the public right-of-way or public easements. Our office has a standard hold harmless form that we require the property owner to execute prior to allowing work to commence in the public right-of-way. The hold harmless agreement provides that the owner shall defend, indemnify and hold harmless the City for any claims that arise out of the placement of the item(s) in the public right-of-way or easement. The agreement further provides that if the City desires to perform work in the public right-of-way the owner shall hold harmless the City for any damage to the item placed in the public right-of-way. As this agreement is a standard form agreement our office requests that the Commission allow the City Manager to approve, enter into and execute these standard form agreements on behalf of the City. By copy of this memo to David Harden, our office requests that this item be placed on the December 10, 2002 City Commission agenda. Please call if you have any questions. Attachment cc: David Harden, City Manager Barbara Garito, City Clerk Richard Hasko, Director of Environmental Services Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS , 200_ by and between (hereinafter referred to as "CITY') and referred to as "O WNER'). AGREEMENT, is entered into this the CITY OF DELRAY BEACH, day of FLORIDA, , (hereinafter WITNESSETH: WHEREAS, OWNER owns property located at , Delray Beach, Florida, and has requested CITY to allow for the installation of in the public right-of-way; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the as a result of maintenance within the public right-of-way or any action brought against the CITY as a result of the in the public right-of-way. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A". area, as shown on Exhibit "B", Beach Code of Ordinances. 4. OWNER acknowledges maintenance for the That OWNER wishes to install a(n) in the in the public right-of-way pursuant to the City of Delray that the CITY shall assume no responsibility or and any improvements thereto, which OWNER places within the public right-of-way and that OWNER shall be responsible for the upkeep and maintenance of such and associated improvements in the public right-of-way in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the and improvements in the public right-of-way. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the and associated improvements OWNER places within the public right-of-way. It is understood that any cost for replacement or repair of the and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the and associated improvements as a result of any maintenance or construction within the public right-of-way by the CITY. 6. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: 2 CITY: OWNER: Environmental Services Director City of Delray Beach 434 South Swinton Agenue Delray Beach, FL 33444 7. This Agreemem shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall mn with the land. 8. This Agreement shall be govemed by and construed in accordance with the laws of the S~tate of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: (Prim or Type Name) CITY OF DELRAY BEACH, FLORIDA By: OWNER: By: (Print or Type Name) 3 (Print or Type Name) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,200_ by (name of officer or agent), of (name of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did/did not take an oath. Signature of Notary Public - State of (SEAL) [lTV' OF IDELRI:I¥ BER[H DELRAY BEACH ~ loo N.W 1st AVENUE NI-AmericaCity DELRAY BEACH, FLORIDA 33444 1993 TO: David T. Harden, City Manager 2001 FROM: Id~' Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 10~ 2002 APPROVAL SPECIAL EVENT - FOTOFUSION 2003 DATE: December 4, 2002 561/243-7000 Action City Commission is requested to endorse FotoFusion 2003 the 8th Annual Festival to be held January 21st through January 25th, 2003, to waive rental fees for use of City facilities, to authorize staff to make and install event signs and install banners, to waive any costs associated in making and installing the signs and banners, and provide staff assistance in hanging banners. Background Attached is a letter from Fatima NeJame, Executive Director of Palm Beach Photographic Center requesting the City to endorse the event, waive rental fees for use of facilities, to make and install signs waiving any charges for cost, and to hang banners. City facilities that will be used during the event include Commission Chambers, the Mahogany Room and Banyan Orchid Room at the Civic Community. The estimated rental charges for these facilities would be approximately $500.00. The request also includes event signage. Four (4) event signs 4'x4' for the event have been requested. The estimated material cost for these signs is $250.00. They have also requested that City staff install event banners at the intersections on Atlantic Avenue from Swinton to A-1-A and in the CRA parking lot between N.E. 1st and 2nd Avenues. Banners can be hung utilizing regular time. Prlt~ted on Recycled Paper THE EFFORT ALWAYS MATTERS Subject: Date: Page: AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 10~ 2002 APPROVAL SPECIAL EVENT - FOTOFUSION 2003 December 4, 2003 Two (2) I have included a copy of their proposed '03 budget and a copy of the event schedule. The City agreed to contribute $8,000.00 this year to the event. This is not an additional event and does not involve overtime. Recommendation Staff recommends approval of the request from Palm Beach Photographic Center to endorse the event, prepare signs, provide staff support for banner hanging, waive rental fees and costs to make requested signage. RAB:tas Attachments File u.sweeney/events Doc Fotofusion 2003 agenda Palm Beach Ph! graphic Centre t4tsston Statement The PaLm Beach Photographic Centre is a non-profit visual arts organization dedicated to the enrichment of Life through exhibitions, community programs, workshops & other educational activities that promote the arts of photography & digital imaging. Executive Director Fatima Ne.lame Managing Director Art Ne,lame Board of Directors Dr. ,lay Atpenn Todd Everett Fred FrankeL Michael Greene M~chae[ ,lones Michael Kravit Richard Machek Laurian McKenzm Janice McVay Fabma Ne,lame ,lira Norman Sandy (ALexander) Simon Board of Advisors Robert Branttey ArnoLd Drapkin Mark FoLey, Congressman Mary McCarty, Commissmner Marjorie MargoEs Dave Metz, Canon USA Timothy Morrissey Arthur Steinman Ke~th 1.hompson Dr. R~chard Zakia Museum Programs Photography Workshops Digital Imaging Workshops FOTObastcs FOTOcamp for Kids FOTOfunTours FOl'Oinsights Picture My WorLd FestivaLs FOTOfusion® FOTOde[ray e-ma~[: ~nfo@fotofusion.org www. fotofusion.org www. workshop.org November 15, 2002 RECEIVED DEC A - 2002 CITY MANAGER Mr. David T. Harden City M. ana. ger City al' Delray Beach 100 NW 1 '* Avenue Delray Beach, FL 33444 Dear David: As you know, the Palm Beach Photographic Centre will be presenting FOTO~usion® 2003, the 8~' annual international festival of photography and digital imaging. FOTOfusion,, the only international festival of its kind in the country, will transform downtown Delray into the nation s photography capital of the world from January 21to 25, 2003. For the continued success of presenting FOTOfusion throughout the City of Delray Beach, we respectfully request the following considerations: · Endorsement of the event · Waiving of rental fees for use of facilities. Including the Commission Chambers, the Mahogany Room and the Banyan/Orchid Room at the Community Center · Make andinstall 4 flx 4 ft event signs on Atlantic Avenue/Federal Highway. Artwork to be forwarded by_ the Centre as in previousyears · Install FOTOfusion banners, provided Dy the Centre, at all Atlantic Avenue intersections from Swinton to A1A, and at the parking lot across the street from the Centre. The banners can be picked up for installation when the Christmas Tree Celebration banners are taken down after the first of the year. Attached is a copy of the written request for $8,000, which was approved by the Delray Beach City Commission for special event funding.' We are very grateful to the City of Delray Beach for all its support in helping make FOTOfusion a great success. Sincerely, PALM BEACH PHOTOGRAHIC CENTRE Fatima NeJame Executive Director cc: Bob Barcinski FN/kal enclosure 55 Northeast 2nd Avenue Delray Beach Florida 33444 561.276.9797 fax 561.276.1932 FOTOfusion 2003 Revised Proposed Budget EXPENSES Guest photographers and picture editors (45) airfare hotel Exhibitions Rising Star Marketing curatorial matting and framing rental fees, shipping, insurance, etc Award print advertising direct mail brochure free events brochure postage T-shirts 10 billboards (production only) other Equipment/furniture rental Space Rental Refreshments hospitality suite Awards banquet other receptions Personnel administrative marketing Other festival expenses phone, electric, office supplies, insurance, rent 13,000 27,000 5,000 4,000 3,000 28,000 23,000 2,000 13,000 2,000 3,000 3,000 1,000 4,500 3,000 30,000 25,000 TOTAL EXPENSES 40,000 12,000 1,500 74,000 2,500 8,000 8,500 55,000 42,000 $243,500 INCOME Admissions Gala dinner Corporate Support and Grants Canon Print File Wacom Other Tourist Development Council City of Delray Beach Other Income TOTAL INCOME 10,000 2,500 4,000 5,000 21,500 30,000 8,000 17,500 165,000 1,500 77,000 $243,500 E ~.= 0 0 ~.- 0 0 I 0 ~.~ 0 [:: 0 0 ~ t-- I ~ ~ 0 0 0 ~×o E 0 C) 0 0 o E E E E Palm Beach Ph!i tgraphic Centre Mission Statement The PaLm Beach Photographic Centre is a non-profit v~sua[ arts organization dedicated to the enrichment of Life through exhibitions, community programs, workshops & other educat~onat activities that promote the arts of photography & digitat imaging. Executive Director Fatima Ne3ame Managing Director Art NeJame Board of Directors Or. Jay A[perin Todd Everett Fred Franke[ Michael Greene Hichaet Jones Michael Krav~t Richard Machek Laurian McKenz~e 3anice McVay Fatima Ne~ame Jim Norman Sandy (Atexander) Simon Board of Advisors Robert Branttey Arnotd Drapkin Mark Fotey, Congressman Man~ McCarty, Commissioner Madorie MargoUs Dave Met~, Canon USA Timothy Morrissey Arthur Steinman Kelth Thompson Dr. Richard Zak~a Museum Programs Photography Workshops Digital Imaging Workshop~ FOTObasics FOTOcamp for Kids FOTOfunTours FOTOins~ghts Picture My Wortd FestivaLs FOTOfusion® FOTOdeLray e-maiL: infoC.~fotofusion.org v~aw.fotofusion.org www. workshop.org November 15, 2002 Mr. David T. Harden City M. ana. ger Cily of Delroy Beach 100 NW 1" Avenue Delray Beach, FL 33444 Dear David: As you know, the Palm Beach Photographic Centre will be presenting FOTOfusion® 2003, the 8~ annual international festival of photography and digital imaging. FOTOfusion, the only international festival of its kind in the country,' will transfc;rm downtown Delray into the nation's photography capital of the wodd from January 21to 25, 2003. For the continued success of presenting FOTOfusion throughout the City of Delray Beach, we respectfully request $8,000 in special event funding For FOTOfusion 2003. We have already forwarded to you our application fc;r special event funding of FOTOfusion 2003. We are very grateful to the City of Delray Beach for all its support in helping make FOTOfusion a great success. Sincerely, PALM BEACH PHOTOGRAHIC CENTRE Fatima NeJame Executive Director FN/kal enclosure 55 Northeast 2nd Avenue Delray Beach Florida 33444 561.276.9797 fax 561.276.1932 Palm Beach Ph! !graphic Centre Mission Statement The Palm Beach Photographic Centre is a non-profit ~suaL arts organization dedicated to the enrichment of Ufe through exhibitions, community programs, workshops & other educational actMties that promote the arts of photography & digital imaging. ExecuUve Director Fatima Ne.~ame Managing Director Art Negame Board of Directors Dr. gay Alpedn Todd Everett Fred FrankeL Michaet Greene Michael gones Michaet Kravit Richard Machek Laurian McKenzie 3anice McVay Fatima Ne3ame ;im Norman Sandy (ALexander) Simon Board of Advisors Robert Brantley Arnold Drapk~n Mark Foley, Congressman Mary McCarty, Commissioner Madode Margolis Dave Metz, Canon USA Timothy Morrissey Arthur Steinman Keith Thompson Dr. Richard Zakfa Museum Programs Photography Workshops . Digital Imaging Workshops FOTObaslcs FOTOcamp for Kids. FOTOfunTours FOTOtnstghts flctu~e My World FesUvaLs FOTOfusion® FOTOdelray e-mail: info~fotofusion.org ~,~.fotofusion.orfl www. workshop.org Invoice: 6015-2002 Date: December 3, 2002 From: Palm Beach Photographic Centre 55 NE 2nd Avenue Delray Beach, Florida 33444 The City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Attention: Mr. David T. Harden City Manager Cash Donation for Palm Beach Photographic Cenfre's 5-day international festival exhibition site rentals for FOTOfusion 2003, January 21-25, 2003 $8,000 Total Due: $ 8,000 55 Northeast 2nd Avenue Delray Beach Flodda 33444 561.276.9797 fax 561.276.1932 [lTV OF OELRI:IY BEI:I[H DELRAY BEACH AII-AmedcaCity 1993 FROM: 2001 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 MEMORANDUM David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager DATE: December 4, 2002 561/243-7000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING DECEMBER 10, 2002 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for January 23, 2003 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7 Avenue to just past the Blue st nd Anchor Pub, Railroad Way from Atlantic Avenue to N.E. 1 Street, NE 2 Avenue from Atlantic Avenue to NE 2nd Street, and to authorize staff support for security and traffic control, banner hanging and removal, signage, barricade set up and removal, clean up, use and set up of City stages. B&CK(IROUND Attached is a request for approval and City assistance for this event from Marjorie Fetter. The estimated overtime cost for this event is $7,300. City Commission has capped the amount the City would pay for overtime at $6,500. Actual overtime costs for October's event were $6,911. A copy of the hold harmless agreement, insurance certificate and event budget is attached. This is not a new event. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting limit of $6,500 to be absorbed by the City with the Joint Venture paying the difference. RAB/tas CC: Lt. Geoff Williams Asst. Fire Chief John Tomaszewski Joe Weldon Rich Olson Ffle:u.sweeney/events Doc: Agenda Art and Jazz on the avenue 012303 Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS 12/04/2002 14:29 5612788555 DB CHANBER COMMERCE 03 December 4, 2002 Mr. Robert A. Ban;inski City of lm_,y Beach 100 N.W. 1' Avenue Delmy Beach, FL 33444 RE: AGENDA IT:EM -. CITY COMMISS~QN APPEOVAL SPECIAL EVENT REQ~E~ST - ART & JA7~,.7'~ON THE AVENUF Dear Mr. Baminski', PAGE I I City Commission Is requested to endorse the Art i& Jazz on the Avenue eve~ scheduled for Thumdly, January 23, 200'3 and to!grant a temporary use perr~!t per LDR'S section 2.4.6(H) for use of City property !and right of way. ! i We am requesting street closure on Atlantic Avende for the following areas on~y: o Atlantic Avenue from Swlnton to NF_J~E 7t~ Avenue o South side of Atlantic Avenue from 7~~ to just past the Blue AnchOr, Pub, I o Railroad Way from Atlantic Avenue th. N.E. I" Street I o NE 2ms Avenue from Atlantic Avenue ~ NE 2nd Street Closure will be from 6:00 p.m. to 10:00 p.m. We are requesting that the City provide staff support for barricade setup ah[l removal, trash removal and clean up, police securit~..'~ for traffic control, monitorih[)! the FEC railway crossing, stage use setup and.. removal, and banners a~.t signage setup and .removal. The City's support of this event, with no charge to the Joint Venture, is crucial our success. Your consideration and cooperation Is.very much appreciated. MARJORIE FERRER Downtown Coordin~ator lek I .. ! I I I I 'DEX.P, AY BEACH JOINT yI6NTLrRE- Community Redevelopment A~ncy · D¢lray B~ch !.'h~u'~ber of Comme~c~ · ~ DevelopnV. r~ Authority 64-A $.E. Frith Ave~iu~. Defray ]Beach, FL 33483 · 'lei- 561-279-19F,0 ~xt 16 - F~x: 56; -~Z?$.0535 - www.delraybeachvillagebyihesea.kt 12/04/2002 14:29 56~2780555 D~ CHAMI)ER COMMERCE PAr~ SPECIAL EVENT HOLD HARMLESS AGEEE[,AENT The Downtown Detrav Bee.ch_ Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged, agn~es to Indemnify, hold and defend the City of Delray Beach, Its agents and employees from all suits, and claims including attorney's fees and c~sts attendant to any claim, litigetioll~. administrative proceeding, appeal and judgment of eveL¥ name and description broug[~, against the City as a result of loss, damage or Injury to person or property arising fr0rl and in exchange fl3r the Downtown Delrav Beach Jot0t_Venture use of City facilities or (Name of Entity) 13roperty for Ne special event of *ART & ~JAZZ and he.;eby releases the City of Delra. Beach, its agertts and employees from all suits, action.~" and claims including attomey',~. fees and costs attendant to any claim, litigation, admini~:tratlve proceedings, aripeal an~t judgment of' every name and description brought against the City aa a result of damage or injury to person or property arising from the special, event of ART & JAZZ (Name of Entity~) * This Inderhnificatfon and Hbid Harmless and Defend ,Agreement is only to the exten: of insurance maintained by the Downto .wn Dalray Beach Joint Venture as covered unde;'~ Scottsdale Insurance Company Policy number CLS073T'02 ' (Name of Speclial Event) .,.)n~ //h4 Please name Detra.~ Beach Joint Venture Print Name 04 12/04/2002 14:2S 5612780555 PA~iE 05 D~ CHAM~ER COMMERCE 12/84/2802 14:25 5612788555 DB CHA~IBER COMMERCE: PAGE 86 . , . ~_ ,~ ,, ERTl, iCATE OF LIABILI~ ! ~ ~ .... ~~.~, ~~.~~ ~~, ~ -,--~ ._ / ,J ~ ~ ~ ' ,. , , , :LO0 It,R'. 3.a'~ [ITY OF DELRI:IY BEI:IEH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 993 DATE: Writer's Direct Line: 561/243-7091 MEMORANDUM December 5, 2002 TO: FROM: City Commission Brian Shut't, Assistant City Attorney SUBJECT: Agreement Between Delray Beach and the City of Miami Regarding Reimbursement of Funds from FEMA The Federal Emergency Management Agency (FEMA) has developed a National Disaster Response Program known as the Urban Search and Rescue Response System. The City of Miami has entered into an agreement with FEMA and has developed an Urban Search and Rescue Task Force. This task force is comprised of firefighters throughout the South Florida area from many local jurisdictions. The City of Miami is a Sponsoring Agency for this task force while other local jurisdictions, including the City of Delray Beach, are Participating Agencies. The attached "Memorandum of Agreement for Participating Agencies" provides for the reimbursement of the salary of employees of the Participating Agencies in the event that the Urban Search and Rescue Task Force deploys employees from a Participating Agency to a disaster site. Such reimbursement would come from FEMA, through the City of Miami as the Sponsoring Agency, and then to the Participating Agency. By copy of this memo to David Harden, our office requests that this item be placed on the December 10, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Russ Acardi, Fire Dept. WILLIAM W 8RYSON F~re Cboe( October 27, 2000 CARLOS A GIMENEZ · C~ty Manager Robert Rehr Fire Chief Delray Beach Fire Rescue 501 West Atlantic Avenue Delray Beach, FL 334~,4 Dear Chief Robert Rehr: I am taking this opportunity to thank you for your continued participation with our Federal Emergency Management Agency (FEMA), South Florida Urban Search_-and Rescue Task Force-(US&R), FL TF2 initiative· While the City of Miami is the sponsor of this program, our Department of Fire Rescue is the primary coordinator and has been since the inception in 1992. Since the beginning the task force has fully mobilized and deployed by FEMA three times utilizing 22 participating agencies and the team was placed on alert two additional times for various disaster situations. Ail this has successfully been accomplished without injury, accident or problem with us as the Sponsoring Agency, any Participating Agency or with FEMA. Since ! was appointed to the position of Fire Chief in September 2000 it has come to my attention the US&R Participating Agency agreements in place since 1994 are outdated. To rectify this situation and start the process to expedite getting new agreements in place, I am enclosing a draft proposal of our new Participating Agency Memorandum of Agreement (MOA) for your review. Additionally, In this package you will find a copy of the proposed of rules to be established under 44 CFR 208 of the Code of Federal Regulations, the FEMA Code of Code, Memorandum of Understanding with the Public Health Service, a list of participating agencies and a notice of recruitment. The new FEMA to City of Miami MOA will be drafted in the Spring of 2001 by FEMA after the Code of Federal Regulations is completed. Furthermore, I am proposing to conduct a meeting on December 5th with all the Participating Agencies Directors or their designee's invited to attend. This meeting is to M$OFFICE/1JSARDATA/~'OP-,D/LETTEiLS/FLRECHIEFSMEETING DEPARTMENT OF FIRE-RESCUE/444 S W. 2nd Avenue/Miami, FL 33130/(305) 416-1600 Malhn§ Address: P O Box 330708 M~arm, FL 33233-0706 update each and every organization on the status of the US&R Program and answer any questions concerning the proposed Participating Agency MOA. We would like to meet with you or your representative at the Sunrise Fire ~escue Municipal Building located at 10440 West Oakland Park Blvd, Sunrise. We intend to begin the meeting at 10:00 AM and be finished by 1:00 PM. For further information concerning these documents or any other concerns, please contact our coordinator Charles McDermott at 305-446-0722 at least 5 days prior to our meeting. Additionally, for planning purposes ! am asking for you to RSVP by E-mail to CHARLYMCD@AOL. COM or call 305-444-1857 and name who will be attending for your organization. Again, I would like to thank you for your assistance and support of this local, regional and national program. If you should have any additional questions, ! may be reached at 305-416-1601. Sincerel(/, William Bryson Fire Chief Pes/WB Attachments: Participating Agency MOA FEMA Code of Conduct Public Health Service Memorandum of Understanding Draffc of Proposed Code of Federal Regulations List of Participating Agencies Notice of Recruitment MSO FFIC E/U SARD ATATWO RD/L ETTERS/F [REC HIEF S MEETrNG MEMORANDUM OF AGREEMENT FOR PARTICIPATING.AGENCIES This Agreement is entered into this ~ day of ,2001, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and the City of Delray Beach Fire Rescue Department, (the "Participating Agency"). RECITALS WHEREAS, the Sponsoring Agency is the coordinating and sponsoring agent of the South Florida Urban Search and Rescue (US&R) Task Force, FL TF2 (the "Task Force"); ~nd - WHEREAS, as the Sponsoring Agency is responsible for mobilization of the Task Force, when the Task Force is activated by the Federal Emergency Management Agency ("FEMA"); and WHEREAS, the City Commission of the City of Miami, by Resolution No: 01- , adopted on ,2001, has authorized the City Manager to enter into this Agreement with each Participating Agency on behalf of the City of Miami; and WHEREAS, in executing this Agreement the City of Miami is acting in its capacity as Sponsoring Agent of the Task Force and not as a direct employer of the Participating Agency; and WHEREAS, the CITY wishes to engage the services of the Participating Agency to provide certain services to the Task Force; and Page 1 of 13 WHEREAS, the Participating Agency possesses the necessary knowledge, equipment, resources and expertise to perform the services herein required; NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. PURPOSE This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agency for Urban Search and Rescue activities under the search and rescue function delineated in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288, as amended, Sec. 403(A)(3)(b). B. This Agreement' serves as the Scope of'Work of the Cooperative Agreement between a Participating Agency and the Sponsoring Agency. II. SCOPE The provisions of this Agreement apply to National US&R Response System activities performed at the request of the Federal government, provided at the option of the Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a Presidential declaration of a major disaster or emergency. B. No provision in this Agreement limits the activities of the Task Force or its Sponsoring Agency in performing local and state functions. I!1. DEFINITIONS A. Activation: The status of a System asset placed at the direction, control, and funding of FEMA in response to, or in anticipation of, a Presidential declaration of a major disaster or emergency. Page 2 of 13 B. Activation Order: The FEMA notice that places a System asset onto activation status. C. Alert: A state of increased readiness initiated by an Alert Notice. D. Alert Notice: The FEMA notice that places a System asset onto alert status, or that an event has occurred or is expected to occur, such that System resources may be subject to activation. E. Deactivation: The removal of a System asset from activation status. Demobilization Order: The FEMA notice that disengages a System asset from an incident and specifies relevant information regarding activation status such as task force ~3ersonnel t:ehab time. - G. Deployment: Mobilization of a Task Force, IST or other System resource pursuant to an Activation Notice. H. Disaster Assistance Employee (DAE): An individual hired to augment permanent full-time FEMA personnel in disaster operations in the field. Disaster Medical Assistance Team (DMAT): A functional unit activated under the National Disaster Medical System (NDMS), a program of the United States Public Health Service (PHS), Office of Emergency Preparedness (OEP). The six-person Medical Team deployed as part of the Task Force is classified as a specialty DMAT. Emergency Information and Coordination Center (EICC): The facility used by the Emergency Support Team at FEMA Headquarters during or in anticipation of a Presidential Major Disaster or Emergency Declaration. Page 3 of 13 Emerqency Procurement: Upon Activation, the purchase by the Task Force of equipment, food and other consumables, med. icines, and pharmaceuticals, essential to the Urban Search and Rescue mission, under the authority of the Stafford Act, Sec. 306(b)(3). Lo Emergency Response Team (ERT): The interagency group that provides administrative, logistical, and operational support to the FEMA regional response activities in the field. The ERT includes an ESF-9 cell, which consists of the ESF-9 Leader and the IST, and supporting Federal agency representatives, as required. M. Emerqenc¥ Support Function (ESF): Pursuant to the Federal Response Plan, the primary mechanism through which Federal disaster assistance is provided to assist the State in meeting response requirements in an affected area. Each ESF is coordinated by ~ primary agency. FEMA is the primary agency for ESF #9 - Urban Search and Rescue. N. Emergency Sur)13ort Team (EST): Pursuant to the Federal Response Plan, an interagency group comprised of representatives from each of the primary agencies, select support agencies and FEMA Headquarters staff. It operates from the FEMA EICC. O. Equipment Cache: Equipment on the US&R Equipment Cache List that a Task Force is required by FEMA to possess. P. Equipment Cache List: The FEMA approved inventory list of equipment by type and quantity a Task Force is required to possess for operations. Q. Federal Emerqenc¥ Management Agency (FEMA): Pursuant to P.L. 93-288, as amended, the Federal agency responsible for coordinating Federal assistance to State(s) affected by disasters or emergencies, which includes the development and maintenance of the National Urban Search and Rescue Response System. Page 4 of 13 Ro FEMA Region: The geographical subdivision of the United States through which FEMA administers its programs; the FEMA administrative unit that is the primary contact for any disaster occurring within that geographical subdivision. S. FEMA Sanctioned Traininq or Exercise: A training session or exercise that has received FEMA sanction and is sponsored by an organization other than FEMA. T. FEMA Sponsored Traininq or Exercise: A training session or exercise arranged for and financed by FEMA, delivered either by FEMA or by another organization. U. Federal Coordinatinq Officer (FCO): The person appointed by the President to coordinate the Federal disaster assistance activities in each State in which a disaster or emergency has been declared. Mo F.ederal Response Plan (FRP): Pursuant to P.L. 93-288, and as amended, the document that establishes the framework for the provision of Federal assistance to a State and its affected local governments. W. Incident Commander: The person, usually from the local jurisdiction, who is responsible for overall management of an incident. Xo Incident Support Team {IST): An element of the ESF-9 cell of the ERT that is under the direction of the ESF-9 Leader (a FEMA Regional or Headquarters employee acting as the authorizing official for ESF-9 expenditures). The IST is responsible for the overall command and control of all National Urban Search and Rescue Response System assets deployed for the incident. Y. Mobilization: The movement of System assets to an incident. Z. National Disaster Medical System (NDMS): A cooperative effort of the Department of Health and Human Services (HHS), Department of Defense (DOD), Department Page 5 of 13 of Veterans Affairs (VA), FEMA, and State and local governments and the private sector that is designed to care for a large number of casualties resulting from either a domestic disaster or an overseas war. The Public Health Services (PHS) heads the program. AA. National Urban Search and Rescue Response System (System): The Task Forces, Incident Support Teams, Rapid Needs Assessment Team elements, and other personnel and technical teams that respond to disasters or emergencies under the direction and control of FEMA as Emergency Support Function 9 of the Federal Response Plan. BB. Participatin(3 Ac~ency: An entity with which the Sponsoring Agency has executed an agreement to satisfy, in part, the Sponsoring Agency's responsibilities under this Agredment. - CC. Point of Assembly (POA): Is the Miami Fire Rescue Training Center located at 3425 Jefferson Street, Miami, Florida 33133. However, this may change at the discretion of the Task Force Leader. DD. Point of Departure (POD): Is currently identified as the Homestead Air Reserve Station (HARS) located in Homestead, Florida. However, this is subject to change by FEMA or the Task Force Leader. EE. Presidential Maior Disaster or Emerqency Declaration: A determination of the President that Federal assistance is needed to supplement State and local efforts, and capabilities to save lives and protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. FF. Rapid Needs Assessment (RNA): A pre-designated team of technical experts from Federal, State and 'local emergency management agencies, alerted and employed Page 6 of 13 under the command and control of FEMA to augment or supplement State and local assessment capabilities. GG. System: See National Urban Search and Rescue Response System. HH. Task Force: An integrated collection of personnel and equipment meeting standardized capability criteria, defined by FEMA, for addressing the special needs of urban search and rescue. II. Urban Search and Rescue (US&R): The process of searching for, extricating and providing for the immediate medical treatment of victims trapped in collapsed structures, regardless of cause. THE SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: - A. Providing an administrative department, which shall be the City of Miami Fire- Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Recruiting, organizing, and coordinating trained members for the Task Force, according to guidelines prescribed by FEMA to the best of their ability. C. Registering and qualifying all medical personnel on the Task Force through U.S. Public Health Service (PHS). D. Implementing a system to maintain and account for the Task Force Equipment Cache. E. Providing administrative, financial, and personnel management for the Task Force to the extent that funding is available. Page 7 of 13 F. Assure all Task Force members have a FI:MA recognized employment status. G. Purchasing equipment with FEMA funding according to the latest Equipment Cache List or other equipment deemed necessary to perform day to day operations of the task force. H. Ensuring all personal task force equipment issued to Task Force members remains the property of the Sponsoring Agency. Notifying FEMA when there is a change in the deployment status of the Task Force. Jo Maintaining twenty-four (24) hour Task Force alert capabilities, including a 24-hour phone number and point-of-contact. This is identified as the City of Miami Fire Central Information Officer (FCIC)) contacted through 305-579-6245 voice and 305- 579-6277 fax. V. THE PARTICIPATING AGENCY SHALL BE RESPONSIBLE FOR: Implementing a written policy and practicing a reporting procedure for Participating Agency personnel, with the objective of notifying the Sponsoring Agency of individuals responding from their organization to the Miami Fire-Rescue Training Center when the Task Force is mobilized. Faxing a list identifying deploying and non-deploying personnel from the Participating Agency that are responding to the Miami Fire-Rescue Training Center. The fax number is: 305-445-5183. This list shall be faxed within thirty (30) minutes of the Task Force Activation and thereafter as changes are made. C. Assuring Participating Agency personnel meet FEMA position description general requirements and Sponsoring Agency specific minimum requirements prior to submitting application for Task Force membership. Page 8 of 13 D. Ensuring that Task Force personnel from their organization continue to participate in training opportunities provided by the Spons.oring Agency to meet the knowledge, skills and abilities for their primary position. E. Providing and maintaining a current labor contract on file with the Sponsoring Agency. Fo Providing a current benefit percentage calculation for regular and overtime and an acceptable written justification of this percentage on file with the Sponsoring Agency. G. Task Force personal equipment issued by the Sponsoring Agency to the Participating Agency team member lost, damaged, stolen or not returned when reque~sted, shall be replaced by and at the expense of the Participating Agency. - H. Within thirty (30) days after the completion of a mission, the Participating Agency shall provide payroll, time sheets and other administrative documentation identified by the Sponsoring Agency for activated Participating Agency team members to assure appropriate and timely reimbursement. Extending workers compensation protection to their personnel while participating in Sponsoring Agency sanctioned training or cache maintenance activities while on or off duty. J. Designating a primary coordinator and ensure this coordinator has an Electronic Mail (e-mail) address to expedite distribution of US&R related information. Ko Assuring that the following baseline medical screening/surveillance items are met by all rostered task force members: a) Annual physical exam (per 29 CFR 1910.134) b) Annual medical questionnaire with assessment by physician (per 29 CFR 1910) Page 9 of 13 Lo Notifying the Sponsoring Agency when a Task Force Member is unavailable for longer than twenty-one (21) days due to injury, illness, departmental disciplinary action or any other legal proceeding. VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the purchase of Task Force equipment and Task Force member training will be administered solely by the Sponsoring Agency. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel other than reimbursement from the Federal Emergency Management Agency. C. Sponsoring Agency and Participating Agency are state agencies or subdivisions as defined in Chapter 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. VII. FINANCIAL AGREEMENTS A. The Participating Agency shall pay their participating team members in accordance with their local payroll requirements, labor contracts or any other relevant ordinances or procedures of the Participating Agency. B. The Participating Agency will be eligible for reimbursement from FI=MA of personnel costs associated with the activation. This will include the straight time wages plus Page 10 of 13 benefits for all hours an activated team member is scheduled to work and overtime plus benefits for all hours an activated team member was off duty during the identified activation period. C. The Participating Agency is eligible to hire overtime personnel on a one-to-one basis to backfill for a deployed team member. Reimbursement shall be only for the overtime portion of the salary of personnel used to backfill for activated team members during the identified activation period. No benefit percentage shall be calculated for backfill personnel. D. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties. " VIII. CONDITIONS, AMENDMENTS, AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of this Agreement shall remain in full force and effect. C. This Agreement may be modified or amended only with the written agreement of each of the parties. D. This Agreement may be terminated by either party on thirty (30) days written notice to the other party. Page 11 of 13 E. This Agreement shall be considered the full and complete agreement between the undersigned parties, and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that hav, e not been fulfilled. Fo This Agreement may be executed in several parts, each of which shall be considered a valid Agreement, provided that each of the parties to this Agreement has executed at least one (1) original copy of this Agreement and has transmitted a copy of the signature page hereof to the other parties. G. This Agreement will end on December 31, 2005, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform with procedures, training and equipment standards as prescribed by FEMA. - IX. ATTACHMENTS A. Participating Agency's Labor Contract, Personnel Pay and Benefits Schedule. B. U.S. Public Health Service (PHS)/Specialized DMAT MOU. C. FEMA Memorandum of Agreement (When Completed) D. FEMA Code of Conduct E. US&R Team Member Disciplinary Procedures (When Completed). Page 12 of 13 ATTEST: SPONSORING AGENCY THE CITY OF MIAMI, a municipal corporation of the State of Florida. Walter J. Foeman City Clerk BY: Carlos A. Gimenez City Manager ATTEST: PARTICIPATING AGENCY Name: Title: NAME: BY: TITLE: PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: Assistant City Attorney Alejandro Vilarello City Attorney I:ITY OF DELRI:I¥ BEflI:H CITY IITORNEY'S OFFICE TELEPHONE 561/243-7090 o FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7091 MEMORANDUM December 5, 2002 City Commission David T. Harden, City Manager Susan A. Ruby, City Attorney Ratification of Amendment to Contract for Sale between CRA and Block 77 Development Group, LLC and Purchase The CRA previously approved an extension of the above contract until June, 2003 subject to the City's acceptance of the modification. That amendment has now been reduced to writing. The City is not a party to the contract, but as a third party beneficiary of the contract, has been requested to accept the modification. Our office requests that the acceptance of the attached extension until June, 2003 be placed on the City Commission agenda for December 10, 2002 for approval. Attachment CC: Barbara Garito, City Clerk Mitch Kirschner, Esq. Diane Colonna, CRA Director Robert W. Federspiel, Esq. 12~04/2002 17:12 FAX 5612765489 SDFD ~o2 AMeNDMEnT TO CONTRA~T FOI PURCHABE. AND DEVELOPMENT ~ THIS AMENDMENT TO CON77~ACT FOR SALE, PURCHASE, AND DEVELOPMENT AGREEMENT amending that certain Contract for Sale and Purchase dated January 11, 2000, between DELHAY BEACH COMM~HTT~ ~EDEVELOPMENT AGENCY, hereinafter referred to as "Seller," and BLOCK 77 DE~FELOP~ ~RO~, L. C., hereinafter re ferred to as "Buyer," is made and entered into this day of · 2002. W I TNE S SETH : WHEREAS, the parties have heretofore entered into that certain Contract for Sale, Purchase, and Development Agreement dated January 11, 2000, (the "Agreement"); and WHERY~S, the parties have acknowledged and agreed that it is in their best interests to amend the Contract to modify the provisions of Section L. of the Addendum to the Contract, in the manner set forth in this ~nendment. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereb~ agree as follows: 1. The parties hereby agree t~at Section L. of the Addendum to the Contract is hereby amended in its entirety to read as follows: "L. In the event the Closing of the transaction contemplated %under the Contract shall not have occurred as of the earlier of (i)the satisfaction of all of the conditions 12/04/02 ~'ED 16:08 [TX/RX NO 5738] 12/04/2002 17:12 FAX $612765459 SDFD ~03 precedent comtained in Section P. bereave, or (ii)June 30, 2003, either party may terminate this Contract upon ten {10) days prior notice to the other; whereupon (a)both parties as well as the City of Delray Beach shall be immediately released from all obligations under this Contract, (b)all deposit monies paid by or on behalf of Buyer together with all interest accruing thereon shall be returned to Buyer, (c)that certain Public Parking Facility Construction and Conveyance and Worthing Park Comtribution Agreement between the City of Delray Beach and the Buyer shall simultaneously immediately terminate, and (d)Buyer shall reimburse Seller for Seller's verified expenses incurred in the review of the market study and ~arking plans as contained in this Agreement up to the respective maximum amounts to follow: Market Study: Parking Plan: $2,500.00 $6,000.00 In add/tion, Buyer shall be required to have paid all of Buyer's consultants and advisors who have performed services for Buyer pursuant to this Contract who have any lien rights as to the Property as evidenced by obtaining paid receipts therefor and presenting same to Seller." In all other respects the Contract shall remain in full force and effect amended only to the extent above provided. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Contract for Sale, Purchase. and Development Agreement the day and year first above written. Witnesses: $~Z,Z,~: DELRAY BEACH COMMUNITY REDEVEIZ)PMENT AGENCY Printed Name- Title: 12/04/02 WED 16:08 [TX/RX NO 5738] 12/04/2002 17:12 FAX $612765489 SDPD ~04 By: Printed Name: Title:, ,, 3 12/04/02 WED 16:08 [TX/RX NO 5738] MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS . ^ FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~'--) - RE(jULA.R MEETING OF DECEMBER 10, 2002 REPORT OF APPEALABLE I_AND DEVELOPMENT BOARD ACTIONS DATE: DECEMBER 6, 2002 Attached is the Report of Appealable Land Use Items for the period December 2, 2002 through December 6, 2002. It informs the Commission of the various land use actions taken by the designated boards, that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. &\City Clerk\chevelle folder\agenda memo~\~12.10.02 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PAUL DORLING, <DIRECTOR OF PLANNING AND ZONING ALLEN, PLANNER MEETING OF DECEMBER 10, 2002 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 2, 2002 THRU DECEMBER 6, 2002 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of December 2, 2002 through December 6, 2002. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Approved (6 to 0, Bill Branning absent), a Certificate of Appropriateness associated with a Class V site plan, landscape plan and architectural elevation plan for Pineapple Podiatry, a proposed two-story mixed use building for located on the south side of NE 2nd Street, between Swinton Avenue and NE 1st Avenue (4 NE 2nd Street). Approved (6 to 0), a Certificate of Appropriateness and a Class II site plan modification associated with the conversion of an existing garage to retail use for Nanny's Attic, located on the west side of North Swinton Avenue, between Martin Luther King Jr. Drive (NW 2"d Street) and NW 1st Street (124 North Swinton Avenue). City Commission Documentation Appealable Items Meeting of December 10, 2002 Page 2 Approved (5 to 0, GaiI-Lee Mc Dermott left the meeting), a Certificate of Appropriateness associated with a Class II site plan modification for the construction of a parking lot on a vacant lot for St Paul's AME Church, located on the east and west sides of NW 5th Avenue, between Martin Luther King Jr. Drive (NW 2nd Street) and NW 1st Street (119 NW 5th Avenue). Approved (5 to 0), a Certificate of Appropriateness associated with a Class I site plan modification for the installation of arbors, fencing lattice and shiplap siding on the front fa(;;ade at 129 South Swinton Avenue, located on the east side of South Swinton Avenue, between SW 1st Street and SW 2nd Street. No Regular Meeting was held during this period. No Regular Meeting was held during this period. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- December 10, 2002 GULFSTREAM BLVD L.30 CANAL ~ ~ LAKE IDA ROAZ L - , . _ _ j ATLANTIC LOWSON BOULEVARD , LINTOH BOULEVARD I I ~' t,, ' ' L-31t CANAL ~' C-~5 CANAL rH.P.B.: A PINEAPPLE PODIATRY B. NANNY'S ATTIC C. ST, PAUL'S AME CHURCH D. 129 SOUTH SWINTON AVENUE CITY LIMITS ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, EL PLANNING & ZONING DEPARTMENT 2002 · -DIGtTAL BASE-MAPPING SYSTEM -. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM # %~ - REGULAR MEETING OF DECEMBER 10. AWARD OF BIDS AND CONTRACTS DECEMBER 6, 2002 2002 This is before the City Commission to approve the award of the following bid: Purchase award to Eimco Process Equipment Company in the amount of $60,000.00 for labor and equipment for the rehabilitation of the mechanical components of Clarifier No. 3 at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 (Other Machinery/Equipment). Recommend approval of the above bid and purchase. &\City Clerk\chevelle folder\agenda memo\B~d Memo IZ10.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.E. ~ Deputy Director of Pubri'c Utilities December 3, 2002 Rehabilitation of Clarifier No. 3 Water Treatment Plant Attached is an Agenda Request, location map and a quote for rehabilitation of Clarifier No. 3 at the Water Treatment Plant. Our operational records indicate a continued increase in torque as well as excessive wear on the bearings and other mechanical components of the Clarifier, which demonstrate the need for rehabilitation. Eimco Process Equipment Company is the sole source provider of our equipment. The total amount of this work is $60,000.00 and funding will be available from R&R Account # 442-5178-536-64.90, Other Machinery and Equipment. Please place this item on the December 10, 2002 Agenda for consideration by City Commission. CDB/pd CC: Richard Hasko, P.E., Director of Environmental Services John Bullard, Manager of Water Treatment Plant City Clerks Office Agenda File U \wwdatahMemo\C~ty ManagerLRehab of Clanfier 3.doc EIMCO P~oae88 Equlpmm~t Comply ~6~ West 2~ South Sa~ Lake CI~, O~h ~410~-1020 T~ F~ 801~2~2 September 23, 2002 City of Delray Beach w-rP 200 sw 6'h Street Delray beach, FL 33444 561-243-7318 561-243-7316 Fax Attention: Mr. Dan Beatty Subject' Revised proposal to rebuild one C541072 Eimco drive unit on site for a 65' dia. Reactor Clarifier #1. Eimco serial # 22695-01. Eimco Proposal No. Q009723. Dear Mr. Beatty, EIMCO Process Equipment Company is pleased to provide the following proposal to rebuild (1) C54/C72P Drive unit on site. This drive is for a 65' dia. Reactor Clarifier. Eimco will remove the existing drive, rebuild ~t and re-install the newly rebuilt drive. The drive and rake arms will be re-leveled Rebuilding C54/C72P Drive on site: Scope of rebuild: Disassemble and Insp.e. ct Includes: · Complete disassembly of drive into individual parts and components. · Customer to be provided an evaluation on major components that will be reused. If major components cannot be reused, new components will need to be purchase from Eimco and additional costs will apply. Standard Rebvil~ Includes: · Replace all wear items: bearings, bearing strip liners, bearing balls, seals, gaskets, keys, retaining dngs, grease fittings, gauges, piping and fasteners. · Replace Drive Control. Replacements to be the latest upgrades. · Assemble and inspect rebuilt drive. · Test run the drive after installation. · One-year warranty on parts and workmanship. ,,,PROPOSAL , P O Box 300 · 669 West 200 Sou~h · Salt LGke City, Utatt 84110-03130 · ? 801,526 2430 · F: ~01.526.2562 Rebuild C64/C72P Drive on site City of Deiray Beach, FL EIMCO Process September 23, 2002 Page 2 After all the parts are on site, we will remove the drive components during the rebuild: >', Bearings and seals ~' Fasteners and piping ~ Packing and gaskets >, Site Glasses ), Drive control and actuating pin and replace the following Does not include: , Any gears, pinions, worm and shafts or housings that require replacing. e Rebuilding or replacing of any component in the motor drive package. · Paint or Blast or drive components. · Torque transmitter. · New operation manual. Note: Gearmotors and/or motor drive components can be added as part of this rebuild. Prices are available upon request. Labor and Service: Eimco will supply supervision, labor, service and equipment necessary to complete this rebuild project. We will rebuild drive on site. We include' · Site mobilization and safety training for all personnel · Rebuilding of the drive · Support of superstructure as needed · Demobilization of personnel and equipment. · Crane, Mats, rigging and equipment as needed. · One shift, 10 hours a day. · One serviceman for five (5) days on site and two (2) days travel to perform check- out (start-up) and inspect component installation. · Lubrication for drive un[ts · Electrical connections or disconnection · Disposing of old debris & parts · Furn;sh and replace some corroded bolts on submerged steel We do not include: · Draining, cleaning and filling of tank · Over-time work hours PROPOSAL P O Box 300 · 6B9 West 200 South · Sail Lake City Utah $4110-0300 · T' 801 52e.2430. F' 801 526 2562 Rebuild C54/C72P Drive on site City of Delray Beach, FL EIMCO Process September 23, 2002 I EIMCO Process Equl~amefl~ Gompany Page 3 Rebuild C$4/C72P drive on site ................................... $80,000.00 Eimco anticipates 7 days to complete this project. Pricing includes all materials mentioned above, engineering, labor, check-out services and freight. Warranty and Conditions: EIMCO standard Terms and Conditions for Provision of Services and Products, QFORM 0115-02047-Rev. A and the EIMCO Warranty, QFORM 0115-02046-Rev. A are attached and made an essential part of this proposal. The terms and condibons and warranty replace and supersede any previous terms and conditions or warranty included in Buyer or Owner, Requests for Quotation or Specifications cannot be changed without written approval from an authorized EIMCO representative. Prices are firm for ninety (90) days. Terms of payment are net 30 days. Lead-time is 7 weeks after receipt of purchase order. Freight is prepaid. FOB shipping point. Freight allowed. We appreciate the opportunity to quote this project, and thank you for your interest in EIMCO OEM parts and services. If you have any questions please do not hesitate to call. Rebuiid Marketing Manage~ Aftermarket Phone: 801/526-2430 Fax: 801/526-2562 Attachments (2) Standard Terms & Conditions Warranty PROPOSAL P O Box 300,669 West 200 South * Salt Lake City, IJtah 8~,110-C300 · T: 801,526,2430 · F; 801,526,2552 WATER TRRATM~NT Pig_hiT gOO S.~'. §TI-I ST. (~ CITY of DELRAY BEACH WATER TREATMENT PLANT ENVIRONMENTAL SERVICE8 DEPARTMENT CLARIFIER #3 REHABILITATION TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGE~.~ ..__..),~, - MEETING OF DECEMBER 10, 2002. APPEAL OF THE PLANNING AND ZONING BOARD'S APPROVAL OF A MASTER DEVELOPMENT PLAN MODIFICATION ASSOCIATED WITH THE SABAL LAKES PHASE IV DEVELOPMENT. The action requested of the City Commission is that of consideration of an appeal of the Planning and Zoning Board's approval of a Master Development Plan modification to the Sabal Lakes subdivision to accommodate Sabal Lakes Phase IV (90 unit zero lot line development). The subject property is located at the southeast corner of Barwick Road and Sabal Lakes Road and contains approximately 18.94 acres. The Planning and Zoning Board's actions were taken on November 18, 2002. The actions were appealed on November 26, 2002 by the Sabal Lakes III Board of Directors. The appeal is being processed Pursuant to LDR Section 2.4.7(E) Appeals. The development proposal includes modification of the Master Development Plan and Narrative for Phase IV of Sabal Lakes. The modification involves conversion of the approved 114 multiple family residential units to 90 zero lot line units, addition of a 4.74 acre out parcel, reconfiguration of the existing loop road and requests for internal adjustments to front and side interior setbacks as well as a waiver to right-of-way widths where the proposed streets dead-end. A complete analysis of the proposal is found in the attached Planning and Zoning Board staff report. At its meeting of November 18, 2002, the Planning and Zoning Board approved the Master Development Plan modification and internal adjustments for Phase IV of the Sabal Lakes subdivision. The Board followed the established quasi-judicial procedures in considering the project. City Staff and the applicant offered testimony, which supported the development proposal. There was extensive public testimony in opposition to the request, the majority of which was from Sabal Lakes residents. The objections mainly related to the reconfiguration of the Sabal Lakes Road loop road, safety concerns for school children and traffic. The Board felt that it was appropriate to provide the second connection to Barwick Road as previously approved with the master plan in 1989 and to eliminate the portion of Sabal Lakes Road between the proposed roadway and Banyan Creek Elementary school due to traffic concerns/congestion associated with the school. The Board felt the proper findings relating to the associated internal adjustments, waiver and Master Development Plan City Commission Documentation Meeting of December 10, 2002 Appeal of Planning and Zoning Board Action - Sabal Lakes Phase IV Page 2 modification could be made. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Sowards absent and Krall abstaining) to approve with conditions the Master Development Plan modification based upon positive findings with respect Sections 3.1.1 (Required Findings), 2.4.5(F)(5)(Master Plan Findings), 3.2.3 (Standards for Site Plan Actions) and 4.4.7(H)(2) (Master Site Plan Findings) of the Land Development Regulations, and with Objective A-1 of the Comprehensive Plan. On November 26, 2002, the Planning and Zoning Board action was appealed by Sabal Lakes III Board of Directors. In the appeal letter the Sabal Lakes Phase III Board of Directors write: '~Ne plea for an appeal to the decision made by the Planning and Zoning Board before the City Commission, using the proper accurate information and tools necessary that were not made available by the developer at the Planning and Zoning meeting including but no limited to current road maps and existing communities." A copy of the appeal letter is attached. The following is additional background and information as it relates to concerns raised with reconfiguration of the loop road, traffic and notification. Loop Road: At its meeting of October 25, 1993, the Planning and Zoning Board reviewed a Master Development Plan Modification for the development of Sabal Lakes Phase III to allow for an increase in the total number of homes, a decrease in the number of conventionally sited homes, the addition of a recreational tract/facility, lake and reconfiguration of the private roads. The item was ultimately tabled due to concerns raised by the Sabal Lakes Phase I homeowners. Specifically, these concerns related to construction traffic and the location of the loop road. It was suggested by the Phase I homeowners, that the loop road be continued to Barwick Road instead of looping back to the existing road, in order to eliminate some of the traffic congestion at the school site. As this request affected the property owners of Phase IV, as well as the PRD (Planned Residential Development) the change could not be considered without the consent and input of all parties concerned. At its meeting of November 8, 1993, the Planning and Zoning Board approved the Master Development Plan Modification for Phase III. One of the attached conditions of approval was that the construction traffic be routed through the extended loop road through Phase IV. This condition was placed on the approval primarily to address the concerns of the homeowners of Phase I. With respect to the loop road it was built in its current configuration on the Phase IV parcel with its access entrance across from the school entrance. However, it is noted that the previously approved plans indicate that the loop road was to have a future access entrance connecting to Barwick Road which was to be determined with the development of Phase IV. With respect to the current Master Development Plan modification, an attached condition of approval is that a plat be processed and recorded. Additionally, in conjunction with the plat an abandonment application must be processed for the portion of the loop road which is to be eliminated. Traffic: A traffic study which was prepared on September 18, 2002 and submitted on September 30, 2002, indicates that the proposed 90 single family zero lot line units will generate a net total of 900 new average daily trips onto the surrounding roadway network. This is an increase over the previously approved 114 townhome units by 102 average daily trips. However, with the inclusion of the City Commission Documentation Meeting of December 10, 2002 Appeal of Planning and Zoning Board Action - Sabal Lakes Phase IV Page 3 additional 4.74 acres, 23 additional units would be possible for a total of 137 units which would generate 959 average daily trips. While, it is anticipated that there is adequate capacity on the surrounding roadway network to accommodate these trips, a condition of approval is that written verification be provided by Palm Beach County indicating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Notification: Master Development Plan and Master Development Plan Modification applications do not require that notices be sent to individual affected property owners within a 500' radius as is typically required by annexations, rezonings, etc. However, it has been the practice of the City to send Special Courtesy Notices to adjacent homeowners associations with new development applications. A Special Courtesy Notice was sent to Bruce Schumer, the current contact person for the Sabal Lakes Homeowners Association, which according to the information provided to the City includes Phases I, II and III. Uphold the Planning and Zoning Board's decision as follows: Internal Adiustments: A. Approve the internal adjustment to LDR Section 4.3.4(K), to reduce the required front setback from 20' to 15' to accommodate Model 319 for Lots 55-62, 65-69, and 71-86; B. Approve the internal adjustment to LDR Section 4.3.4(K), to reduce the required side interior setback from 15' to 10' throughout Phase IV. C. Approve a reduction in the required right-of-way width from 50' to 40' on the terminus of the private roadways. Master Plan Modification: Approve the Master Development Plan Modification for Sabal Lakes Phase IV, based upon positive findings with the respect to Section 3.1.1 (Required Findings) and Sections 2.4.5(F)(5)(Master Plan Findings), 3.2.3 (Standards for Site Plan Actions) and Section 4.4.7(H)(2) (Master Site Plan Findings) of the Land Development Regulations, and based upon consistency with Objective A-1 of the Comprehensive Plan, subject to the following conditions: 1. Address all Site Plan Technical Items. That a facility which is geared towards teens be provided such as a volleyball court or basketball court; 3. That a bike rack is provided at the cabana/pool area; That a site lighting and photometric plan be submitted indicating the locations and specific details of all lighting; 5. That a plat must be processed; City Commission Documentation Meeting of December 10, 2002 Appeal of Planning and Zoning Board Action - Sabal Lakes Phase IV Page 4 6. That an individual Homeowners Association be established for Phase IV; 7. That a Master Homeowners Association be established for the entire Sabal Lakes subdivision; 8. That Homeowners As§ociation documents for be provided for the individual Phase IV association and the Master Association; That a letter from the easement holder allowing the proposed trees to be installed in proposed easements must accompany the site/landscape plans. If they can not be co-located, the easements or street trees are to be relocated; and, 10. That a letter is submitted from the Palm Beach County Traffic Engineering Division that indicates compliance with the Palm Beach County Traffic Performance Standards Ordinance. Attachments: Appeal Letter Approved Master Plan Proposed Master Plan P&Z Board Staff Report November 25, 2002 Sabal Lakes 11I Home Owners Association C/O Century Management Consultants 2994 Jog Road Suite B Green Acres, Florida 33467 Dear City Commissioners, On behalf of the 138 Sabal Lakes III homeowners we appeal the final decision taken at the Plmming & Zoning meeting on Monday November 18, 2002. The basis of this appeal involves the following: 1.) After public comment was heard members of the Planning &Poning Board were under the impression that their decision was tbr recommendation to the City Commissioners. It was not until after the planning & zoning director closed public comment and dialogue when this point was revealed. Mr. Doffing informed the members of Planning & Zoning that this was a final decision not a recommendation. The members present made it known that they were under the impression this was only a recommendation to the City Commissioners. The homeoxvners feel that had the present members realized they were not merely making a recommendation they would have cross-examined and had dialogue with our very concerned homeowners. 2.) Most homeowners during their three minutes expressed their protest of closing the existing public section of Sabal Lakes Road, which was opened pre-construction of Phase III. A. There is no mention in the original master plan that calls for a closure of that road. However, the master plan does call for an altemate access if needed. We do not oppose of the new homes for Phase IV but we do oppose of closing our north & south access within our own community. B. Planning & Zoning members on 11/18/02 expressed their desire several times to seek an option to leave this existing part of Sabal Lakes Road open with an alternate access with an additional alternate access made by the developer of Phase IV. During the last seven minutes of the meeting during much t dialogue by the developer and the Planning & Zoning Board members questioned the homeowners with "now you want to bring up moving the new proposed entrance more to the south". Obviously, as was stated by several home owners this question had been addressed several times and the Planning & Zoning members had forgotten because they were confused and tired. If a site plan showing the existing road were presented at this meeting by the developer maybe the board would have understood. When_ you listen to the tapes from this meeting you will hear members admit to being "tired", "exhausted", "motioned out" and "unable to remember questions they wanted to ask due to being tired". There was great confusion several times about the understanding of the existing road and the proposed new roadways. 3.) This item on the agenda followed a lengthy discussion on a separate issue over two hours long. We understand members feeling exhausted at approximately 8:20pm yet this very serious issue concerning safety, traffic and convenience demands fully alert and prepared attention. Again, as you listen to the tapes there is much confusion and inaccurate information, crucial maps, and site plans that were not available or presented by the developer. 4.) The traffic study that this decision was based was from 1988 the same year the elementary school was opened. 5.) When the board and staffwere asked how many of the Planning & Zoning members visited the site to understand what was being discussed only one had been to the site leaving the rest of the board confused and only able to imagine what the severity of the concern is to us. 6.) The children's existing crosswalk for four schools is on the existing Sabal Lakes Road. The new crosswalk however is being routed between two houses. According to the site plan you can see the that the area is very small at the north end with a 4 foot sidewalk routed between two homes but the developer exaggerated generous distances "like 20 or so feet at the north end and around 40 feet at the south end with lights etc". He made it sound like this was an entity on its own. Please see attached site plan. Also, the crosswalk begins on a blind spot on the new proposed road and on a raised speed hump. Hopefully, the traffic coming around will see them. Our high school 7.) children will have to walk this route in the morning when it is still dark outside. The primary safety concern with the children walking to the elementary school is that their crossing comes out within feet of the main road very close to the Banyan Creek Elementary parent pick and drop off driveway. This is one of the many reasons why this north-south existing section of Sabal Lakes Road should remain where it is. On page 14 of the Planning and Zoning staff report under the heading of review by others and special courtesy notices it states notices were provided to the Sabal Lakes homeowners Phases I, II & III. Phase II and III never received any such notice as was declared at the 11/18/02 meeting. Mr. Dorling's response was that we must not have been on the list but yet we have received notices in the past mailed by the city. In conclusion, we plea for an appeal to the decision made by the Planning & Zoning Board before the City Commission, using the proper accurate information and tools necessary that were not made available by the developer at the Planning & Zoning meeting including but not limited to current road maps and existing communities. We know the consideration will be much greater to keep the existing roadway as is once all involved can make an educated decision. Mr. Walter Earley/President Mrs. Karen Newman/Vice President Gregory Butler/Treasurer Keith Kerstetter/Secretary Tracey Ferrell, Bryan Kluthe & Martin Goodman/Directors Please send any and all correspondence to: Mrs. Karen Newman 3905 Sea Grape Circle Dekay Beach, Florida 33445 APPROVED MASTER DEVELOPMENT PLAN PROPOSED MASTER DEVELOPMENT PLAN PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM' November 18, 2002 V.A. Master Plan Modification In Conjunction With the Construction of 90 Zero Lot-Line Single Family Units on 18.94 Acres Within Phase IV of the Sabal Lakes Subdivision. (Quasi-Judicial Hearing) GENERAL DATA: Owner ......................................... Coury Investments, Ltd. Applicant ..................................... Westbrooke Companies, inc Agent .......................................... Caulfield & Wheeler, Inc. Location ...................................... Located at the Southeast Corner of Barwick Road and Sabal Lakes Road. Property Size .............................. 18.013 Acres Future Land Use Map ................ LD (Low Dep. sity Residential, 0 - 5 Units/Acre) & MD (Medium Density Residential, 5 - 12 Units/Acre) Current Zoning ............................ PRD (Plann--~4~ Residential) Adjacent Zoning ................ North: PRD (Plann~-s~d Residential) & CF (Community Facilities) East: PRD (Planned Residential) South: R-l-AA (Sing~ Family Residential) West: R-l-AA & R-l-AAA (Single Family Residential) & County AR (Agriculu~,'-al) Existing Land Use ...................... Vacant Proposed Land Use ....................Construction of 90 zero iot- hne single family Units. Water Service ............................. Available connection wa an existing 8" w'a~er main, located with Sabal Lakes Phase III. Sewer Service ............................. Available connection via an 8" sewer main, located within Sabal Lakes Phase IIi. CAN AL L- 30 LAKE CANAL IDA The action before the Board is that of approval of a Master Development Plan modification to the Sabal Lakes subdivision to accommodate Sabal Lakes Phase IV (90 unit zero lot line development) pursuant to LDR Section 2.4.5(F). The subject property is located at the southeast comer of Barwick Road and Sabal Lakes Ddve and contains approximately 18.94 acres. Pursuant to LDR Section 2.2.2(E)(6), the Local Planning Agency (P&Z Board) has the authority to take final action on modifications to Master Development Plans. On April 26, 1988, the City Commission approved the Master DeveloPment Plan and Master Plan Narrative for Sabal Lakes, a planned residential development. The PRD was approved for a total of 462 residential units to be constructed in four phases: three single family phases (Phases I, II, & III) and one multi-family phase (Phase IV). Each phase is accessed from a public loop road system via individual private streets. A pedestrian circulation system is provided along the streets and via a pedestrian easement which provides connections between phases. Phase I contains conventionally sited homes while Phases II and Iii were approved for a mixture of conventionally sited homes and zero lot line homes. The Master Development Plan shows each Phase's private road system, individual lot lines, lakes and recreational tracts. Phase IV was designated as a multi-family phase, however a site plan layout for Phase IV was not depicted on the Master Development Plan. In addition to the Master Development Plan, a Master Plan Narrative was provided which describes the overall concept of the development including its function in a unified manner. The narrative also provided design guidelines for each phase and identifies responsibility for the following: continuation and completion of the loop road, off-site improvement obligations, pedestrian circulation system, recreational facilities, homeowner association responsibilities, maintenance of common landscape areas and lakes, infrastructure improvement obligations (waterlsewerldrainage/utilities), and development phasing and platting. The Narrative also sets forth specific design criteria for the single family and zero lot line homes, such as minimum lot sizes, width and length of minimum lots, minimum square footage of the units, setbacks, and a requirement for two car garages and landscaping. A preliminary plat was approved on July 18, 1988 for all four phases of Sabal Lakes. A final plat was approved for Phase I on August 23, 1988. Pulte Homes developed Phase I including the basic infrastructure improvements required by the Narrative. Phase I is built-out and contains 117 conventionally sited homes. A final plat was approved for Phase il on June 24, 1989. Phase II is built-out and contains 107 conventionally sited and zero lot line homes. Sabal Lakes Phase IV Master Plan Modification Page 2 The Planning and Zoning Board approved a Master Plan Modification on November 8, 1993 for Phase III. The approval allowed for an increase in the total number of homes, a decrease in the number of conventionally site homes, the addition of a recreational tract/facilities, lake and reconfiguration of the pdvate roads. The Phase III plat was approved on November 15, 1993 and 138 conventionally sited and zero lot line homes were subsequently built. Within the three existing phases of the Sabal Lakes Subdivision there are 161 conventionally sited homes and 201 zero lot line homes for a total of 362 homes. In September of this year, the Planning and Zoning Department received a request to modify the Master Development Plan and Narrative for Phase IV of Sabal Lakes. The modification includes a number of changes, many of which are quite significant. The development proposal includes conversion of the approved 108 multiple family residential units to 90 zero lot line units, addition of a 4.74 acre out parcel, reconfiguration of the existing loop road and requests for internal adjustments to interior side setbacks. The project involves construction of a 90-unit zero lot line development (Phase IV) on 18.94 acres within the Sabal Lake Subdivision planned residential redevelopment. The development proposal incorporates the following: I~ Incorporation of a 4.74 acre out parcel; ~ Construction of 90 one and two-story single family zero lot line homes; 1;I Reconfiguration of the main public right-of-way loop road (Sabal Lakes Drive); I~ Construction of private internal roadways; Q Construction of a cabana, pool, children's play area and associated parking; I~ Installation of pedestrian paths; I:1 Installation of a new lake feature, open space tracts and a 0.58 acre tree preserve area; and, Q Installation of landscaping throughout the site. The development proposal also involves requests for the following internal adjustments: · Reduction in the required front yard setbacks from 20' to 15' to accommodate Model 319 for Lots 55-62, 65-69, and 71-86; · Reduction in the required side setback from 15' to 10'; and, · Reduction in the required right-of-way from 6 0' to 40' on the terminus of the private roadways. Sabal Lakes Phase IV Master Plan Modification Page 3 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.4.7{F) {PRD - Development Standards): Pursuant to LDR Section 4.4.7(F)(2), the following standards apply to the overall development project (Phase I- IV): (a) At least 50% of the units must be in single family detached units where the overall density is six units per acre or less, or at least 40% where the overall density is greater than six units per acre: The entire proposal is for single family detached zero lot line homes. Therefore, this requirement does not apply. (b) 15% of the gross area of the site must be placed in common open space where the overall density is six units per acre or less, or at least 20% where the overall density is greater than six units per acre; The proposed density for Phase IV is 4.75 units per acre and the overall density for development (Phases I - IV) will be 3.66 units per acre. Therefore, a minimum of 15% open space is required for the overall Sabal Lakes subdivision. The Phase IV parcel will provide 18.8% of its site area (3.56 acres) in common open space. The overall master plan for Sabal Lakes (Phases I - IV) requires a total of 18.576 acres (15%) of open space and a total of 19.72 acres of open space (16%) is provided. (c) Minimum site area is five (5) acres The subject property is 18.94 acres of an overall 123.84 acre development, which exceeds the minimum required site area of 5 acres. LDR Section 4.4.7 (H) (PRD - Special Requlations): LDR Section 4.4.7(H)(1) (Density): The density for a PRD is established by a numerical suffix affixed to the designation and shown on the zoning map i.e. ~PRD-8 limits the density to eight units per acre. To seek a density greater than that shown in such a manner, it is necessary to rezone the property. If there is no density suffix, then the maximum density shall be as allowed by the Future Land Use Map. Sabal Lakes Phase IV Master Plan Modification Page 4 The underlying Future Land Use Map designation for these parcels is Low Density Residential (0-5 du/ac) and Medium Density Residential (5-12 du/ac). As there is no numerical suffix affixed to the zoning designation, the density range of the Low and Medium Density Residential land use designations apply. The proposed density for the Phase IV project is 4.75 units per acre and the overall density for Phases I - IV is 3.66 d.u./acre. With the original master plan approval, Phase IV contained 14.2 acres and was to be developed as multiple family residential (114 townhomes) with a density of 8.02 units per acre. Therefore, the proposed master plan modification for Phase IV provides for a reduction in overall density of 3.27 units per acre. The proposal is consistent with underlying land use designation as 4.75 d.u./acrb is proposed where 12 d.u./acre would be allowed. As outlined in the land use designation/zoning matrix, zoning districts of less than 5 units per acre are consistent with the Medium Density Land Use Designation. Thus, the proposed development is within the allowed density. Therefore, the intent of this requirement has been met and is consistent with the balance of the densities of the approved Sabal Lakes master plan. LDR Section 4.4.7(H)(2): prior to approving a Master Site Plan for a PRD, the Planning and Zoning Board must make findings that: (a) The development plan provides for an effectiye and unified treatment of the development potential of the site, making appropriate provisions for the preservation of scenic features and amenities of the site. A unified treatment for the Sabal Lakes Development was provided with the original Master Plan approval. With Phase IV development an environmental impact analysis was conducted which identified a 0.58 acre tract of trees and associated understory that was worthy of preservation. The applicant has set aside this parcel as a preservation area and will provide limited access via a mulch pathway. Additionally, several small groupings of pine trees will remain throughout the site. (b) The development plan fosters harmony with existing or proposed development in areas surrounding the site. The Phase IV development proposal is for single family zero lot line homes and Phases I - III of the Sabal Lakes subdivision contains a mixture of conventionally sited and zero lot line homes. The proposed zero lot line homes will be compatible with the existing development, which will have similar elevations and landscaping treatments. To the west of the subject property, across Barwick Road several single family homes exist and to the north across Sabal Lakes Drive, Banyan Creek Elementary School is located. The proposal includes the installation of trees and under story plantings within landscape buffers along the western and northern perimeters. While Barwick Road and Sabal Lakes Drive act as natural buffers, the landscaping will provide additional buffers between the proposed zero lot line homes and the adjacent single family homes and school. Sabal Lakes Phase IV Master Plan Modification Page 5 Further, the landscaping will provide an appropriate streetscape along Barwick Road and Sabal Lakes Drive. (c) Buildings in the layout shall be an integral part of the development and have convenient access to and from adjacent uses and blocks. The proposed homes will have safe and convenient vehicular and pedestrian access to Sabal Lakes Drive and Barwick Road. There is a concern with pedestrian safety of school age-children traversing the property to access Banyan Creek Elementary School to the north. To address this concern the applicant has proposed a pedestrian connection between Lots 84 and 85 which will connect to the existing sidewalk system on Sabal Lakes Ddve. Additionally, sidewalks are proposed throughout the development to continue and further encourage convenient pedestrian access to and from the existing Phases of Sabal Lakes. (d) In the multiple family portion, individual buildings shall be related to each other in design, masses, materials, placement, and connections so as to provide a visually and physically integrated development. Treatment of the sides and rear of buildings shall be comparable in amenity and appearance to the treatment given to the front. A multiple family component is not part of the development proposal. Therefore, this standard does not apply. (e) The landscape treatment for plazas, streets, paths, and service and parking areas shall be designed as an integral part of a coordinated landscape and street furniture design. The landscape plan provides for a street tree program throughout the development. A pedestrian path/sidewalk system is also proposed to connect the Phase IV development with Phases I - II1. The street trees and sidewalks will be consistent with the balance of the subdivision. Therefore, the intent of this standard has been met. (f) The location, shape, size, and character of the common open space must be suitable for the contemplated development in terms of density, population characteristics, and housing types; A centrally located recreation facility, which contains a pool, cabana and children's playground, has been provided adjacent to the proposed lake. Additionally, a mature stand of Pine trees and the associated understory will be preserved within the southwest comer of the property. A meaningful common open space area that can be utilized as a passive recreational area has also been provided across the street and adjacent to the recreation facility. Therefore, the intent of this standard has been met. Sabal Lakes Phase IV Master Plan Modification Page 6 (g) Common open space must be used for amenity or recreational purposes and must be suitably improved for its intended use. Natural features, worthy of preservation, shall be incorporated into the common open space system; (h) As previously stated a recreation facility has been provided adjacent to the proposed lake. The existing stand of Pine trees will be preserved and incorporated with the common open space system. A mulch pathway for passive recreational purposes will be provided. Therefore, the intent of this standard has been met. Roads, pedestrian ways, and open space shall be designed as an integral part of the overall design and shall be properly related to buildings and appropriately landscaped; The proposal includes the excavation of a lake in associatio'n with open space tracts in the center of the property and includes a recreational facility bordering the north side of the lake. A large open space area is proposed in the southwest comer of the site where a large stand of pines trees exist. Other smaller open space tracts are also proposed. As noted previously a streetscape program and a sidewalk system is also provided. It is noted that the streetscape program is required per Housing Element Policy A-12.2. The extension of the main loop road is designed in a manner so that there are no homes taking direct access from this road. All of the proposed units take access from the secondary private roads. The sidewalk system has been specifically designed to encourage pedestrians to connect to the adjacent phases as well as the elementary school to the north. Therefore, the intent of this standard has been met. (i) There shall be an adequate amount of pedestrian ways and landscape spaces to limit pedestrian use of vehicular ways, and to separate pedestrian ways and public transportation loading places from general vehicular circulation; As previously noted appropriate pedestrian and bicycle path links are being provided between the phases as required by the Master Plan. The proposed sidewalks are separated from the adjacent rights-of-way by landscaping. Therefore, the intent of this standard has been met. (J) The location and design of pedestrian ways should emphasize desirable views of new and existing development. The proposed pedestrian network primarily traverses along the proposed road network. A desirable view of the lake and recreation tract will be provided as a sidewalk is proposed immediately adjacent to these areas. Therefore, the intent of this standard has been met. Sabal Lakes Phase IV Master Plan Modification Page 7 (k) Tot lots and recreational areas shall be a feature of all developments which utilize PRD zone districts. (OSR A-3.3) new housing A children's play area is proposed adjacent to the proposed pool and cabana facility. A facility for teens has not been indicated on the site plan. However, the applicant has indicated that there is adequate space adjacent to the pool and cabana for a facility for teens. Provided a teen facility is proposed the intent of this standard will be met. LDR Section 4.3.4(K) Development Standards Matrix: Pursuant to LDR Section 4.3.4(K) the table below represents the minimum requirements for a zero lot line lot within the PRD zoning district: Required (I/C)* Provided Buildinq He{qht (max.) 35' 13'6" - 24'4" Building Setbacks (min.) - Front 20' 20'& 15' Side (Interior) 0'/15' 0/10' Side (Street) 15' 15' Rear 10' 10'-15' Open Space 25% 25% or greater Lot Width Frontage Lot Depth Lot Size- Sq. Ft. * Interior lot and comer lot 40'/60' 45'/60' 40'/60' 45'/60' 80' 105' or greater 4,500 sq. f. 4,725 sq. f. All_of the lots meet and exceed the minimum lot size, width, depth, frontage and open space requirements. The rear and side street building setbacks have been met and a majority of the front setbacks have been met. However, the applicant has requested internal adjustments for all side interior setback requirements and front setback requirement on several lots. Internal Adjustments: Pursuant to LDR Section 2.4.7(C), adjustments to site and development plans may be granted by the Board which is empowered to approve or deny the site and development plan. Pursuant to LDR Section 2.4.7(C)(5) Findinqs: the body granting an adjustment must find that the adjustment does not "diminish the practical application of the affected regulation, and that "by granting such relief a superior development project will result." The applicant has requested reductions for several of the zero lot line lots in the front yard setbacks from 20' to 15'. Home model #319 can potentially be built on Lots 55-62, Sabal Lakes Phase IV Master Plan Modification Page 8 65-69, and 71-86. However, it is noted that a restriction placed on this proposed development requires that no two home models be located immediately adjacent to one another. With this restriction the potential for home model #319 to be constructed with a reduced front setback could only occur on a maximum of 15 lots. Therefore, the request is theoretically for only 15 lots. It is noted that a minimum of 30' will be provided for driveways on this model and an increased rear yard setback can also be provided from 10'-15'. Also requested are reductions for the side intedor setbacks from 15' to 10'. With respect to the request for the reduced side yard, a 10' building separation will be maintained between units. A 10' building separation was granted for Phase III of the Sabal Lakes Subdivision as well as other PRDs such as Windy Creek, Clearbrook, Delray Lakes, Hammock Reserve and Old Palm Grove. It is noted that the lots exceed the minimum width and depth requirements as they are at least 45' wide and 105' deep. The decrease in the front yard setbacks from 20' to 15' will provide for a greater rear yard setback. The 15' setback is to a portion of the structure, while a 30' front setback will be maintained to the garage, thus, ensuring that adequate space will be provided for vehicles to park within the driveways. It shall also be noted that the master development plan modification is to change from multiple family residential to single family zero lot line residential. The conversion from multi-family to single family alone provides for a superior project, which is more consistent with the balance of the subdivision. The intemal adjustment will have no impact on surrounding properties and the reduced setbacks will allow adequate area to provide air, light and open space between units and the interior street. Consequently, a positive finding with respect to LDR Section 2.4.7(C)(5), Internal Adjustment Findings can be made. LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(2)(a), two spaces per dwelling unit is required and tandem parking may be utilized. The development proposal requires 180 parking spaces for the 90 zero lot line units. A total of 180 parking spaces have been provided within two car garages and additional parking is provided within the double loaded driveways. Based on the above, this requirement has been met. It is also noted that there are 5 parking spaces (4 standard and I handicap accessible spaces) proposed at the pool area. Bicycle Parkinq Pursuant to LDR Section 4.6.9(C)(1)(c), at private recreation facilities, bicycle parking areas shall be provided in a designated area and by a fixed or stationary bike rack. The proposal needs to provide a bike rack at the cabana/pool area, which is attached as a condition of approval. Sabal Lakes Phase IV Master Plan Modification Page 9 Site Lic~htinq: Pursuant to LDR Section 4.6.8 (Lighting), lighting is required on site for new development proposals. A site lighting and photometric plan has not been provided. However, site lighting locations have been indicated on the master plan. The applicant has indicated that the proposed lighting will match what was provided in the balance of the Sabal Lakes subdivision and will be residential in character. Attached as conditions of approval is that specific details for all lighting (wall mounted, street lighting, etc.) be provided and that a site lighting and photometric plan be submitted indicating the locations of all lighting. LDR Section 4.6.14 Visibility at Intersections: Pursuant to LDR Section 4.6.14(A)(2), when property abuts the intersection of 2 public rights-of-way, all landscaping within a 40' triangular area shall provide unobstructed cross-visibility at a level between 3' and 6' in height. Adequate site triangles have been provided which demonstrate that this requirement has been met. Other Items: Reduction in Right. of-Way Width: Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of-way width for local residential streets with curb and gutter is 50'. Additionally, pursuant to LDR Section 5.3.1(D)(4), a reduction in the required right-of-way width may be granted by the body having the approval authority of the associated development application in developments in which new streets are created. The proposal provides for 50' private and public rights-of-way except for the dead-end po_rtions of the private roads where 40' is provided. All roads have valley curbs and gutters. A total of 6 units in 3 separate terminuses take access from the dead-end roads having a 40' width. The reduction can be supported as the limited area is not typically traversed except for access to and from the individual units. Reduction in Pavement Width: Pursuant to LDR Section 6.1.2(B)(3), the required pavement width for a local street is 24'. The development proposal provides a 20' wide pavement width with 2' of valley curb and gutter on both sides of the pavement. The odginal Master Development Plan Narrative for Sabal Lakes Phases I - III, the pavement widths were reduced from 24' to 20' with a 2' valley curb on each side. In order to maintain consistency of the roads throughout the development it is appropriate to allow the reduction for Phase IV. It is also noted that a 20' wide access drive is Sabal Lakes Phase IV Master Plan Modification Page 10 provided to access Lots 51-54. Based on the above, staff supports the reduction in pavement width. Dead-End Streets and Cul-de-sacs: Pursuant to LDR Section 6.1.2(B)(4)(a), dead-end streets without the provision of a tumaround are prohibited. Generally, a cul-de-sac shall be required; however, in unique situations where a cul-de-sac cannot reasonably be accommodated either a 'q'" or "hammerhead" turn around may be accepted if approved by the Fire Marshal. There are three proposed dead-end street conditions, which are approximately 105', 110' and 120' in length. Each dead-end street has a q-" turn around. Therefore, this standard has been met. Sidewalks: Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along both sides of the street throughout the development. Pursuant to Section 6.1.3(D)(1)(b), where it is clear that the sidewalk will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. The original Master Development Plan Narrative included sidewalks on both sides of the main loop road (Sabal Lakes Drive) and sidewalks on one side of the pdvate interior roadway system. In order to maintain consistency the same has been proposed for Phase IV. Plat: The development proposal represents a major subdivision requiring both preliminary and final plat approvals. A plat has not been submitted to date, however if the Master Development Plan is approved, it can be anticipated that the plat will be submitted for processing. Homeowners Association: The odginal concept as described in the Master Plan Narrative involved a sharing of recreational facilities, the maintenance of common areas, roads, etc. This was to be accomplished by having individual Homeowners Associations for each Phase which would be govemed by a Master Homeowners Association for the entire Sabal Lakes subdivision. With the development of Phases III the Master Homeowners Association was to be established, however this did not occur. With the development of Phase IV an individual Homeowners Association must be established as well as a Master Homeowners Association to ensure the intent of the Master Plan Narrative will be met. The submittal of association homeowners association documents for each must be provided. These items are attached as conditions of approval. Sabal Lakes Phase IV Master Plan Modification Page 11 Site Plan Technical Items: The following are items that do not require specific action of the Board, however, the items must be addressed with the submittal of the site plan application. Provide a copy of the Lake Worth Drainage District permit, South Flodda Water Management permit, and HRS water and sewer permits be submitted prior to issuance of a building permit. 2. Parking layout and striping need to follow City of Delray Beach standards. 3. A detailed grading plan must be provided together with a tree preservation plan ovedaid in accordance with direction with the City Horticulturalist. 4. The applicant shall submit documentation regarding the maintenance responsibilities of the proposed preserve area on the subject property. Some of the proposed street trees are shown in proposed utility easements. A letter from the easement holder allowing the trees to be installed in proposed easements must accompany the site/landscape plans. If they can not be co-located, the easements or street trees are to be relocated. Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: With the master plan approval of April 26, 1988 for the Sabal Lakes single family subdivision, positive findings were made with respect to consistency with the Future Land Use Map, Concurrency, Consistency with the Comprehensive Plan and Compliance with the Land Development Regulations. The master plan approval was originally for 462 total units within the four phase subdivision. The current proposal is to construct 90 zero lot line units, which will bring the total number of units to 452, which is below what was originally approved. The following analysis pertains to the proposed 90 unit zero lot line development. Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map designation of Low Density Residential (0-5 du/ac) and Medium Density Residential (5-12 du/ac) and is currently zoned PRD (Planned Residential Development). The PRD zoning district is consistent with the Low and Medium Density Residential land use designations. Pursuant to LDR Section 4.4.7(B)(1), zero lot line residential structures are permitted within the PRD zone district. Based upon the Sabal Lakes Phase IV Master Plan Modification Page 12 above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. Section 3.1.1(B) - Concurrency:. As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste, providing the conditions of approval are addressed. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Regulations: As described under the Master Development Plan Modification Analysis of this report, a positive finding of compliance with the LDR's can be made, provided the conditions of approval are addressed. Comprehensive Plan Policies: A review of the goals, objectives and policies of the City's Comprehensive Plan was conducted and the applicable goals, objectives and policies were identified. Land Use Element Policy A-3.1 - Prior to recommending approval of any development land use application which comes before it, the Local Planning Agency (Planning and Zoning Board) must make a finding that the requested land use action is consistent with Objective A-3 which states that the development of remaining vacant land shall provide for the retention of open space and natural resources, as provided for under Policy B-2.5 of the conservation element and/or Policy B-1.4 of the Open Space and Recreation Element. Open Space and Recreation Element Policy B-1.4: New development shall provide central focal points at entries and landscape buffers along the external (arterial, collectors) streets which service them. Back-lofting of individual homes along such streets should be allowed only when special landscape buffers are provided between the rear yards, walls or fences and the right-of-way. As noted previously, the applicant provides a sufficient streetscape program, which includes existing trees and new landscaping. The applicant proposes to reconfigure Sabal Lakes Drive to provide for an additional entry point into the development. Currently, the main entrance to the development is located to the north of the proposed entrance. The new entrance will include landscape and wall treatments to enhance and compliment the existing entrance into the development. Thirty-two of the 90 proposed units will back-up to Barwick Road and Sabal Lakes Drive. The homes are separated from the adjacent rights-of-way by a 25' landscape buffer and 5' high black vinyl coated chain link fence. Therefore, the intent of this policy has been met. Sabal Lakes Phase IV Master Plan Modification Page 13 Conservation Element Policy B-2.2: Whenever and wherever significant or sensitive flora and fauna communities are identified pursuant to Policy B-2.1, they shall be preserved as if they were environmentally sensitive areas as identified in Objective B-1. As previously stated an environmental impact analysis was conducted which identified a 0.58 acres tract of tress and associated understory that was worthy of preservation. This 0.58 acre tract land will be designated a preserve area and will contain a mulch walking path and two benches. Therefore, the intent of this policy has been met. Future Land Use Element Objective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. With respect to physical conditions, the property has been disturbed as agricultural/farming uses existed on the property prior to the 1980's. With development of the Sabal Lakes subdivision such uses ceased. There are no physical conditions that would prevent development of the property. The use is complimentary to adjacent land uses as similar single family type uses exist adjacent to the property. This finding was previously noted the master development plan addressed this item with its original approval. Housinq Element Policy B-2.2, the development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Th~ provision of zero lot line homes rather than the previously approved multiple family residences will accommodate households having a range of ages. It is anticipated that given the projects close proximity to the elementary school that families with children will be attracted to this development. A variety of floor plans have been provided which include 3 and 4 bedroom units. ^ children's activity area has been proposed adjacent to the pool and cabana facility. While specific details have not been indicated for facilities which would be geared towards teens, the applicant has indicated that such facility would be provided (i.e. basketball or volleyball court). Other community oriented facilities are also provided on site such as the native tree preserve which contains a mulch walking path and benches and the open space tract which is adjacent to the proposed lake. Attached as a condition of approval is that a facility which is geared towards teens be provided. Sabal Lakes Phase IV Master Plan Modification Page 14 LDR Section 2.4.5(F){5) (Site Plan Findings): Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of Chapter Three, the approving body must make a finding that the development of the property pursuant to the site plan will be harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. This finding was made with the original approval of the Master Development Plan as the proposal related to those properties adjacent to the entire PRD. The finding now relates to the specific changes being made within Phase IV, and how it affects the adjacent properties in Phase III and the PRD in general. The most significant changes to the Master Development Plan involve the change in the type of units proposed. The original Master Development Plan approval was for 114 multiple family residential units on the Phase IV property. The proposal is for 90 zero lot line single family units which is a reduction in the overall impact on the surrounding area. The proposal will be harmonious with the balance of the subdivision as well as with the adjacent and nearby properties. An increase in property values may even be realized as a result of this proposal. The development proposal is not within a geographical area requiring review by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). Site Plan Review and Appearance Board: If approval of the Master Development Plan Modification is granted, a full site plan submittal will follow. Final action on the site plan submittal rests with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the master development plan modification, and address the listed conditions of approval. Special Courtesy Notices: Courtesy notices were provided to the following homeowner's and neighborhood associations: [] Sabal Lakes Homeowners Association [] Barwick Estates (Phases I - III) [] Chatelaine [] United Property Owners Association I~ Country Manor [] PROD [] Lake Forest Letters of support and objection, if any, will be presented at the SPRAB meeting. Sabal Lakes Phase IV Master Plan Modification Page 15 The development proposal consists of 90 single family zero lot line residential units. The proposed Master Development Plan Modification for Sabal Lakes Phase IV is consistent with the zoning and Future Land Use Map designations for the subject property. Positive findings can be made with regard to Concurrency and Comprehensive Plan consistency. The specific findings regarding compatibility and special regulations, required by LDR Sections 2.4.5(F)(5) and 4.4.7(H)(2) can also be made. The proposal includes three requests for internal adjustments. The adjustments such as reduction in side yard setbacks to accommodate a 10' building separation, front yard setbacks and reduced right-of-way widths are not uncommon for this type of development and have been approved for other such master planned projects. The internal adjustments are supportable as they will result in a superior product. There are several conditions of approval listed, which will be resolved by the Site Plan Review and Appearance Board. The scale and intensity of the development is consistent with the existing Sabal Lakes subdivision and the surrounding single family residences to the west. The proposal will enhance the neighborhood rather than be a detraction. Ao Co Continue with direction. Approve the Master Development Plan Modification for Sabal Lakes Phase IV, based upon positive findings with the respect to Section 3.1.1 (Required Findings) and Sections 2.4.5(F)(5)(Master Plan Findings), 3.2.3 (Standards for Site Plan Actions) and Section 4.4.7(H)(2) (Master Site Plan Findings) of the Land Development Regulations, and based upon consistency with Objective A-1 of the Comprehensive Plan subject to conditions. Deny the Master Development Plan Modification for Sabal Lakes Phase IV, based upon a failure to make positive findings with the respect to the Land Development Regulations; LDR Section 2.4.7(C)(5), in that the internal adjustments being requested diminish the practical application of the affected regulations and that a superior development project does not result. Sabal Lakes Phase IV Master Plan Modification Page 16 I By motion: Internal Adjustments: Approve the internal adjustment to LDR Section 4.3.4(K), to reduce the required front setback from 20' to 15' to accommodate Model 319 for Lots 55-62, 65-69, and 71-86; Approve the intemal adjustment to LDR Section 4.3.4(K), to reduce the required side interior setback from 15' to 10' throughout Phase IV. Approve a reduction in the required right-of-way width from 50' to 40' on the terminus of the private roadways. Master Plan Modification: Approve the Master Development Plan Modification for Sabal Lakes Phase IV, based upon positive findings with the respect to Section 3.1.1 (Required Findings) and Sections 2.4.5(F)(5)(Master Plan Findings), 3.2.3 (Standards for Site Plan Actions) and Section 4.4.7(H)(2) (Master Site Plan Findings) of the Land Development Regulations, and based upon consistency with Objective A-1 of the Comprehensive Plan, subject to the following conditions: 1. Address all Site Plan Technical Items. 2. That a facility which is geared towards teens be provided such as a volleyball court or basketball court; 3. That a bike rack is provided at the cabana/pool area; 4. That a site lighting and photometric plan be submitted indicating the locations and specific details of all lighting; 5. That a plat must be processed; 6. That an individual Homeowners Association be established for Phase IV; 7. That a Master Homeowners Association be established for the entire Sabal Lakes subdivision; 8. That Homeowners Association documents for be provided for the individual Phase IV association and the Master Association; Sabal Lakes Phase IV Master Plan Modification Page 17 That a letter from the easement holder allowing the proposed trees to be installed in proposed easements must accompany the site/landscape plans. If they can not be co-located, the easements or street trees are to be relocated; and, 10. That a letter is submitted from the Palm Beach County Traffic Engineering Division that indicates compliance with the Palm Beach County Traffic Performance Standards Ordinance. Attachments: El Appendix A El Appendix B El Phase IV Site Plan El Entire Subdivision Site Plan El Landscape Plan Report prepared by: Michelle E. Hoyland, Senior Planner Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: 1"1 Water service will be provided via extension of an existing 8" water main from the adjacent Phase III which is looped throughout the development_ ~ Sewer service is provided to the site via connection to the existing 4" force-main which connects to an 8" sewer main within Phase III. [] Adequate fire suppression is to be provided to the site via the existing and proposed fire hydrants. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out" Based upon the above, a positive finding can be made with respect to this level of service standard. Draina.qe: Drainage throughout the subdivision will be connected in valley and gutter drainage structures within the rights-of-way, the individual lots drain through swales which connect to valley and gutters which outfall to the lake. There should be no impact on drainage as it relates to this level of service standard. Streets and Traffic: A traffic study has been submitted indicating that the proposed 90 single family zero lot line units will generate a net total of 900 new average daily tdps onto the surrounding roadway network. This is an increase over the previously approved 114 townhome units by 102 average daily trips. While, it is anticipated that there is adequate capacity on the surrounding roadway network to accommodate these trips, a condition of approval is that written verification be provided by Palm Beach County indicating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Parks and Recreation Facilities: The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each structure. Thus, an in-lieu fee of $45,000.00 will be required of this development. Solid Waste: Trash generated each year by this development will be approximately 1.99 tons per unit (90 units) for a total of 179.91 tons/year. This increase can be accommodated by existing facilities and thus, will not be significant with respect to this level of service standard. Sabal Lakes Phase IV Master Plan Modification Page 19 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objective D-1 of the Traffic Element. Not applicable Meets intent of standard Does not meet intent X C. Open Space enhancements described in Open Space and Recreation Objective B-l, are appropriately addressed. Not applicable Meets intent of standard Does not meet intent X D. That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. Not applicable X Meets intent of standard Does not meet intent Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard Does not meet intent X Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent Sabal Lakes Phase IV Master Plan Modification Page 20 G. In order to provide for more balance demographic mix, the development of "large scale adult oriented communities" on the remaining vacant land is discouraged. Not applicable Meets intent of standard Does not meet intent X H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent Development shall not be approved if l:raffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard Does not meet intent X (Subject to the provision of a recreational facility for teena~,~ers) NY--Id [ 1J l ~- ..... 'Ix :asvHd NV-Id ~'vt [lTV OF DELRI:I¥ BEI:I[H CITY ITTORNEY'S OFFICE mw TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: Wdter's D~rect L~ne: 561/243-7091 MEMORANDUM December 5, 2002 TO: FROM: City Cor~i~ Brian Shutt, Assistant City Attorney SUBJECT: Tripartite A.qreement Between the City, CRA and Delray Crate and Frei.qht, Inc. The attached Agreement is between the City, CRA and Delray Crate and Freight, Inc., which is the entity that will be operating the retail post office in Pineapple Grove. The Commission discussed this item at its April 16 and November 5, 2002 City Commission meetings. The Agreement provides that the retail post office must be open for business by June 1, 2003 and that the maximum amount that the City would be requested to contribute is $8,972.00. The CRA is also responsible for a maximum payment of $8,972.00. If Delray Crate's return is such that it only requires a $10,000.00 payment from the City and CRA, then, such payment shall be split equally between the City and CRA. By copy of this memo to David Harden, our office requests that this item be placed on the December 10, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk TRIPARTITE AGREEMENT THIS TRIPARTITE AGREEMENT is rriade and entered into this ...... day of , 2002, by and between, the DELI:LAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA," the CITY OF DELRAY BEACH, hereinafter referred to as the "City," and the DELRAY CRATE AND FREIGHT, INC., hereinafter referred to as the "Contract Postal Unit." WlTNESSETH: WHEREAS, the Contract Postal Unit is entering into a Contract with the United States Postal Service to operate a contract postal unit at the current Pineapple Grove Post Office site upon the relocation of the United States Postal Services Distribution Center to a new location; and WHEREAS, the City and the CRA have determined that it is in the public's best interest that the contract postal unit services remain available in the existing Pineapple Grove site; and WHEREAS, the Contract Postal Unit has agreed to undertake the operation of the retail United States Postal Services at the existing Pineapple Grove site only if a certain reasonable rate of return on their investment is available to the Contract Postal Unit for its first year of operation and due to the lack of detailed financial information being made available by the United States Postal Service to the Contract Postal Unit such return cannot at this time reasonably be determined if it is feasible; and WHEREAS, the City and the CRA have agreed to each severally agree to pay an operating subsidy of up to Eight Thousand Nine Hundred Seventy-Two Dollars ($8,972.00) each subject to the terms and conditions set forth in this Tripartite Agreement to induce the Contract Postal Unit to enter into the Agreemerlt for the operation of the contract postal office with the United States Postal Service at the Pineapple Grove site. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The Contract Postal Unit agrees to operate a United States Postal Service Contract Postal Unit at the Southwest corner of N.E. 2nd Avenue and N.E. 4th Street, Delray Beach, Florida 33444, for a period of not less than twelve (12) months from the date they first open for business, provided however, that in the event they shall not open for business on or before June 1,2003, this Agreement shall become null and void. 2. The Contract Postal Unit agrees to maintain counter hours from at least 9:00 A.M. until 4:30 P.M. Monday through Friday and from at least 9:00 A.M. until 12:00 P.M. Saturday, and post office box hours from at least 9:00 A.M. until 4:30 P.M. Monday through Friday and from at least 9:00 A.M. until 12:00 P.M. Saturday. 3. Provided that the Contract Postal Unit shall have operated the said contract postal unit at the above location for a period of twelve (12) complete months on a full-time basis according to the hours specified above, they shall have the right to request from the CRA and the City the payment of the agreed upon subsidy of up to the maximum of Seventeen Thousand Nine Hundred Forty-Four Dollars ($17,944.00) ("Maximum Subsidy"), in the following manner: A. The amount of subsidy up to the said Maximum Subsidy shall be available in the event the net cash operating revenues received from the operation of the said contract postal unit after cash operating expenses shall be less than Fifty 2 Thousand Dollars ($50,000.00) during said twelve (12) month period exclusive of any compensation paid to the principal Ira Jacobson br Evan Keller. The subsidy shall be on a dollar-for-dollar basis up to the Maximum Subsidy to the extent that the said net cash operating revenues minus the cash operating expenses of the contract postal unit shall be less than Fifty Thousand Dollars ($50,000.00). By way of example, in the event the net cash operating revenues were Two Hundred Ten Thousand Dollars ($210,000.00) for the said twelve (12) month period, and the cash operating expenses were One Hundred Eighty Thousand Dollars ($180,000.00), the difference between the required return to the principals of Fifty Thousand Dollars ($50,000.00) and the return from operations of Thirty Thousand Dollars ($30,000.00) would yield a deficit of Twenty Thousand Dollars ($20,000.00). Accordingly, the entire subsidy would be available with the CRA and the City each paying to the Contract Postal Unit the sum of Eight Thousand Nine Hundred Seventy- Two Dollars ($8,972.00) each. However, in the event the net cash operating revenues were Two Hundred Forty Thousand Dollars ($240,000.00) and the cash operating expenses were Two Hundred Thousand Dollars ($200,000.00) there would be a deficit from the Fifty Thousand Dollars ($50,000.00) required earning of Ten Thousand Dollars ($10,000.00) and the subsidy would be available from the CRA in the amount of Five Thousand Dollars ($5,000.00) and from the City in the amount of Five Thousand Dollars ($5,ooo.oo). B. In order to obtain the subsidy, the Contract Postal Unit must have requested in wdting such subsidy within fourteen months from the date they shall have first opened for business or their right to request such subsidy shall terminate. At such time as they shall request in writing the said subsidy they shall provide copies either 3 in hard or soft media form of their accounting records the City and the CRA shall have the right to designate an individual or entity on their behalf to inspect the Contract Postal Unit's records, information, and rceports during normal business hours at the Contract Postal Unit's business location and the City and CRA shall have forty-five days (45) after receipt of the request for subsidy to conduct their review/audit of the Contract Postal Unit's records to determine the validity of the subsidy request. C. Under no circumstances shall any third party not a direct party to this Agreement be entitled to any third party beneficiary rights under this Agreement and the maximum total liability of the City and the CRA shall be Eight Thousand Nine Hundred Seventy-Two Dollars ($8,972.00) each. 4. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and contains all of the covenants and Agreements between the parties with respect to such relation in any manner whatsoever. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 6. No change, amendment, modification or alteration of this Agreement shall be binding upon either party unless it is in writing and signed by all parties. 7. The rights and benefits of this Agreement shall not be transferable. 4 IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. WITNESSES: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By:_ Printed Name: Title: ATTESTED BY: CITY OF DELRAY BEACH By:_ Printed Name: Title: ~finted Name:_ Title: WITNESSES: DELRAY CRATE AND FREIGHT, INC. By:. Pdnted Name: Title: 5 [lTV OF DELRI:I¥ BERTH CITY IITORNEY'S OFFICE mw., TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: Writer's Direct Line: 561/243-7091 MEMORANDUM December 4, 2002 TO: FROM: City Commission ------ Brian Shutt, Assistant City Attorney SUBJECT: Designation of Authority to City Manager to Execute Form License Aqreements for use of the Tennis Center The attached form license agreement is the standard agreement that the City has used for events, (i.e. boxing, sporting events, certain concerts) that are held at the Tennis Center and which use the Tennis Stadium for the event. I have left blanks in the agreement as it relates to the dates and time of the event as well as the fees that will be charged by the City for the use of the Tennis Center. As this agreement is a standard license agreement our office requests that the Commission allow the City Manager to approve, enter into and execute these standard license agreements on behalf of the City as it relates to certain events that may take place at the Tennis Center. By copy of this memo to David Harden, our office requests that this item be placed on the December 10, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Robert Barcinski, Asst. City Manager LICENSE AGREEMENT THIS AGREEMENT made this ~ day, of ,200_ by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of, Florida (hereinafter referred to as "City") and , (hereinafter referred to as "Licensee"). WITNESSETH: WHEREAS, City owns and controls certain land upon which is located the Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and WHEREAS, City has determined that it is in the public interest to enter into an agreement with Licensee for the event at the Tennis Center. NOW, THEREFORE, it is mutually agreed as follows: 1. License/Term. (a) Licensee has presented to the City. that it would like to use the Tennis Stadium and accessways thereto (Tennis Center) for the sole purpose of presenting the event known as (hereinafter referred to as the Event). (b) The License shall be for the exclusive use of the Tennis Center from until at to set up on premises by on and ending on after at on on Delray Beach Community Center Gymnasium, located at 50 N.W. 1st Avenue, Delray Beach, FL, on from until at which time Licensee shall remove all equipment and vacate the premises. (c) In the event that Licensee is unable to hold the Event on the date provided above due to inclement weather, the City and Licensee shall then mutually agree on another date for the Event. 2. Purpose. The parties agree that Licensee shall promote and produce the Event in a manner which complies with community standards and appeals to the interest of the general public, and use its best efforts to promote this Event at the Tennis Center. Licensee, at its sole cost and expense, shall provide management and personnel experienced in the promotion and for the event beginning at Licensee shall be allowed and shall remove all equipment and vacate the Licensee shall have the exclusive use of the City of production of the Event and for the purpose of supervising and directing Licensee's obligations under this agreement. 3. Licensee's Rights for the Event. Licensee shall have authority, subjeot to the provisions and limitations set forth in this agreement, to enter into contracts or agreements to put on the Event. All such contracts shall be negotiated and executed by Licensee in its name and shall not be contracts and obligations of City. All contracts entered into by Licensee shall specifically contain language which provides that City is not a party to such agreement and is not obligated in any manner by any of the terms therein. The Licensee's rights are subject to the fights and limitations and obligations that currently exist between the City and Coca-Cola of Florida. 4. Facilities and Services Provided by City. Unless otherwise herein specified, City shall be responsible for, or agrees to provide, the followigg facilities and production assistance in connection with the conduct of and staging of the Event: (a) (b) (c) (d) (e) (f) (g) (h) (i) use of a stadium court; television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Event; a public address system; parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers. (Licensee to implement, manage and staff parking, including reserved areas); all electrical, water and sewer utihties and one on-site electrician (all costs and expenses are Licensee's responsibility) for the duration of the Event (hook-ups not included); adequate space for and operation of concessions, retail booths, etc. (Licensee shall place and operate the concessions and retain all revenues fi:om its concessions and retail booths); restroom facilities and supplies; the use of areas for celebrities, press, press interview, volunteers, officials, ticket office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas should include tables, chairs, furniture and air conditioning, as mutually agreed; on and off-site directional signage; O) (k) all necessary permits; mutually agreed upon marketing support of the Event; (1) access to utilities to include but not be limited to water/sewer, electric/lighting; (m) reasonable use of the locker room at the Community Center; (n) reasonable use of the gymnasium at the Community Center; (o) maintenance personnel to maintain and clean the restrooms as well as garbage pickup during and post event (Licensee shall be responsible for cost of personnel); (p) personnel to assist with issues involving the Tennis Center during the Event (Licensee shall be responsible for cost of personnel); (q) garbage dumpsters (Licensee shall be responsible for cost of dumpsters). 5. Staging and Production of the Event. The organization, staging, and conduct of the Event will be the responsibility of the Licensee, which responsibilities shall include the following: (a) handling ticket and box office sales; (b) Obtaining an Event Director, all personnel involved in the Event, and the Event participants; (c) Administering the entire Event; (d) Setting up each Event on-site and handling all activities of the Event, including set up and tear down of the boxing ring, and lighting and sound systems; (e) Soliciting sponsorship sales and television rights sales for the Event; (f) Handling promotions, advertising, sales, public relations, and program production for the Event; (g) Liaising with the charity beneficiaries selected by Licensee for the Event; (ti) (i) Licensee is responsible for the cost of covering courts as set forth in Paragraph 7 if VIP tents are to be set up or if needed to cover courts used for contents; Licensee shall pay for all expenses relating to phone usage by Licensee, including, but not limited to, hook-up, dial tone, and usage charges; (J) Licensee shall handle and be responsible for all security measures concerning the Event, including but not limited to, the box office and ticket sales. 6. Ticketmaster. (a) City, or its designee, shall permit the use of the box office services on from ~ until and one (1) Ticketmaster ticketing machine. The City has entered into an exclusive agreement with Ticketmaster-Florida, Inc. which provides that all tickets must be purchased through Ticketmaster. Furthermore, nothing in this Agreement shall be contrary to any provision in the agreement between the City and Ticketmaster-Florida, if it is determined by a court of competent jurisdiction that any provision of this Agreement is contrary to any provision of the agreement between the City and Ticketmaster-Florida, then the provisions found in the agreement between the City and Ticketmaster-Florida shall govern. (b) In full payment for the ticket services, Licensee agrees to City imposing a three percent (3.0%) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. Licensee agrees to the City collecting a facility charge as set forth in Exhibit "A" per ticket sold for the Event. City acknowledges that no other amounts will be charged to Licensee (other than payment of state sales tax) for ticketing for the Event. (c) City shall pay one hundred percent (100%) of all amounts due to Licensee within 48 hours after the City receives a check from Ticketmaster-Florida, Inc. If Licensee fails to hold the Event as scheduled, Licensee shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus any additional credit card fees that may be imposed. 7. Installation of Flooring. The CITY shall provide, at Licensee's option, up to 10,000 square feet of temporary flooring for the Event. Licensee shall be responsible for paying all costs up to and not to exceed three thousand five hundred dollars (US$3,500), plus sales tax, for installation of the 10,000 square feet of flooring. The City shall be responsible for the actual installation of the floor. If more than 10,000 square feet of flooring is required by Licensee, then Licensee shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring and shall be responsible for having the flooring installed. 4 Licensee shall be liable for damage to the courts if such court covering is in place and if the courts are damaged by persons or events that Licensee has a duty to control. 8. Independent Contractor Status. It is understood between the parties that the relationship of City and Licensee is that of an independent contractor. Licensee shall have no authority to employ any person as an employee or agent on behalf of the City for any purpose. Neither Licensee or any person engaging in any work relating to Licensee's fights and obligations set forth herein at the request of or with the consent (whether actual or implied) of Licensee shall be deemed an employee or agent of City, nor shall any such person represent himself to others as an employee or agent of City. Should any person indicate to Licensee or any employee or agent of Licensee, by written or oral communication to Licensee, that the person believes Licensee or an employee or agent of Licensee to be an employee or agent of City, Licensee shall use its best efforts to correct or cause its employee or agent to correct that belief. 9. Compliance with Licensine Requirements. Licensee, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with applicable federal, state, county and City requirements, laws, rules and regulations and all licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. 10. Compliance with Laws. Licensee agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. 11. Concession Riehts. The Licensee has the sole and exclusive fight to sell or give away food and beverages and any and all other consumables, and to control the concessions referred to above and to approve the sale or give away of the above. Licensee shall not have the right and shall not offer for sale or give away any items reserved to Coca-Cola of Florida by Agreement with the City, nor shall this license confer any rights to revenues for public or private parking, except, as provided for in Paragraph 4(d). Licensee, its agents or assigns, shall have the limited right to engage in concessions with regard to merchandise. All concessions must be approved 48 hours in advance of scheduled Event by the City or its designee. The City reserves the right to reject the sale of any and all concessions 48 hours before the Event. However, in no event shall the sale of any facsimile of any weapon, silly string, poppers or any similar item be allowed. (This provision may also be enforced by the City Police Department). In addition, Licensee may provide temporary structures at its own expense, for the sale of concession items provided that the size, construction and location of such temporary structures shall not. impede the normal and safe flow of vehicular and pedestrian traffic and shall comply with all applicable laws and regulations. In providing the merchandise concession service, Licensee or any person, firm or corporation with whom a contract for such purpose (hereinafter referred as "Concessionaire") shall comply with the following provisions provided, however, that Licensee shall remain ultimately responsible to City for all obligations required of the Concessionaire: (a) Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. (b) Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause undue litter. (c) All food, confections, beverages and refreshments, etc. sold or kept for sale shall be first class and quality, wholesome and pure, and in accordance with Department of Health requirements and shall conform to all federal, state, county and municipal laws, ordinances, rules and regulations in all respects. (d) Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to City for approval at least one week prior to installation of any items. For the purpose of this agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. (e) The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. (f) Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by City. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. (g) Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. (h) If the concession is operated by a person, finn or corporation other than Licensee, such person, firm or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days 6 written notice to the Risk Manager of City and shall name City, and its designee, its officers, agents and employees as additional insureds. 12. Event Personnel and Equipment. Licensee shall provide all personnel, needed for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. Licensee shall be responsible for the installation or removal of any additional staging or sound and/or lighting which is to be utilized for the Event or any other equipment of any type or nature which is needed for the Event. Licensee shall designate a management representative in a timely manner who will coordinate the Event with the City and its designee. Licensee shall be responsible for the cost of all chair rentals that may be required and the cost of all staging, lighting and sound equipment, except as otherwise stated in this Agreement.. Licensee shall be responsible for the cost of all repairs needed to the tennis center when repairs are not the result of normal wear and tear. Licensee and the City's designee shall perform a "walk through" before and after the Event. 13. Police~ Security and Emergency Personnel. Licensee agrees to make an'angements with the City Police Department and City's designee to provide for City police personnel which the City determines, in its sole discretion, is necessary for the Event. Licensee shall pay the officers at a rate to be determined by the City based on an analysis of the number of officers available to work the event, the number of officers required by the event and other factors within the sole discretion of the City. Licensee shall, at least thirty (30) days prior to the Event, consult with the Chief of Police or his designee and the City's designee to determine the proper scheduling of security for the Event and the rate that will be applicable for the Event. Also, Licensee shall contact the City Fire Department and the City's designee to make arrangements for Emergency Medical Service personnel to be present at the Event at Licensee's expense. 14. City's Right to Control Premises. City or its designee at all times reserves the fight to eject or caused to be ejected fi.om the premises any person or persons violating (or to keep persons from violating) any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither the City, its designee nor of any its officers, agents or employees shall be liable in any manner to Licensee or its officers, agents or employees for any damages which may be sustained by Licensee through the exercise of this right by City or its designee. 7 15. Parkinu, Sienage and Traffic Control. The City shall provide parking spaces on City owned or controlled property for the Event which the City in its sole discretion determines it can make available without adversely impacting other public parking needs. Licensee shall be responsible for obtaining all additional parking that may be necessary to provide sufficient parking for the Event, including such additional parking as may be necessary in the opinion of the City, in order to ensure adequate parking is provided for the Event. City has a fight to parking revenue as determined by Paragraph 4(d), if collected. Licensee may provide onsite signage upon the prior approval of the City, which approval shall not be unreasonably withheld. City shall provide traffic control, barricades and signs, as it deems necessary, in its sole discretion, and Licensee shall pay for the entire cost of providing such traffic control, however, this amount shall not exceed $ .00. 16. Insurance. Licensee shall obtain insurance at its own cost and expense of the type, nature, and amount and pursuant to the terms which are set forth on Exhibit "B" which is attached hereto and incorporated herein by reference. The City and its designee shall be named additional insureds on all insurance certificates. 17. Ri~aht to Enter. City and its designee and authorized agents and employees shall have the right to enter upon the subject premises at any and all reasonable times for the purpose of inspection and observation of Licensee's operation to assure that requirements of this agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have occurred or are occurring. Said inspections may be made by persons identified to Licensee as City employees or City designees authorized for such inspection or may be made by independent contractors engaged by City or its designee. Nothing contained herein shall be deemed a waiver of Licensee's obligation to hold the Event as provided in this Agreement. 18. Conclusion of Performance. All performances shall end no later than 11:00 P.M. unless otherwise approved by the City, or its designee. 19. Alterations. Licensee shall not make any alterations, additions or improvements to the Tennis Center or any part thereof without the prior approval of City or its designee. 20. Notice of Defects. Licensee shall report safety deficiencies or any defects it notices on the premises immediately to City's Risk Manager and the City's designee and shall cooperate fully with City and its designee in the investigation of accidents incurring on the subject premises. 21. Indemnification. Licensee does hereby release and agree to indemnify, defend, save, and hold harmless the City, its designees, officers, agents and employees from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation, person, or governmental authority, whatsoever predicated upon injury or death of any person or loss over damaged property of whatsoever ownership, or copyright infringement arising out of or connected with, directly or indirectly, Licensee's operation pursuant to the terms of this agreement, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 22. Release. Licensee acknowledges and agrees that City, its designee, officers, agents and employees assume no responsibility whatsoever for any property placed in the premises provided for herein and City, its designee, officers, agents and employees are expressly released and discharged from any and all liabilit~ for any loss, injur~, damage, theft, vandalism or other v~rongful acts or acts of any kind or nature resulting in damage or loss to persons or propert~ which may sustained by Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished for the premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and discharges City, its designee, officers, agents and employees from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 23. Taxes. Licensee shall pay any and all taxes levied on the property by reason of Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property and improvements belonging to License located on the premises and all applicable sales, use, rental and other taxes which may be levied against its operation. 24. License; Fees. (a) Licensee shall pay to City, upon execution of this Agreement, for the rights and privileges granted herein Dollars ($__.00) plus state sales tax and 9 all taxes as referenced above for the use of the Tennis Center for the Event. This payment is nonrefundable, even if the Event is cancelled or this Agreement is terminated by either party for any reason other than the City terminating this Agreement without cause. The payment .shall be in the form of a cashiers check. This payment is in addition to any other fees or reimbursements of whatever nature required or provided under this Agreement. The license fees paid by Licensee to City shall be forfeited if the Event is cancelled by Licensee. The City shall reimburse the Licensee the deposited money in the instance where the City might cancel the Agreement prior to the date of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (b) Licensee shall pay to the City the costs as referred to in Sections 4(e), (o), (p), (q), 7 and 15. These costs shall not to exceed Dollars ($ .00). Licensee shall pay these costs to the City at least 72 hours prior to the start of the Event. ~If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (c) Licensee shall pay for all police and fire personnel provided by the City for the Event. The City shall provide an estimate of the cost to Licensee and Licensee shall pay one half of the estimated cost to the City at least 72 hours prior to the start of the Event. Licensee shall pay the remaining half of the estimated cost to the City within 48 hours of the conclusion of the Event. Within 5 business days of receiving the final bill from the City for such services Licensee shall pay any remaining balance to the City or the City shall refund any mount that was paid over the final cost. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (d) Licensee shall pay the facility charge as provided in Paragraph 6(b) and set forth in Exhibit "A", within 48 hours of the conclusion of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City or obtain the facility charge funds from the deposit as provided in Paragraph 30. 10 25. Tennis Center Capacity and Complimentary Tickets. Licensee shall not admit to the Tennis Center a larger number of persons than the approved capacity it will safely accommodate. City shall receive thirty (30) admission tickets at no charge. The location of the thirty (30) ticketed seats shall be mutually agreed upon and the tickets shall be received by the City prior to the public sale date. 26. Advertising Revenue. Licensee shall be entitled to retain all advertising and sponsorship revenues generated by advertisers or sponsors of the Event promoted by Licensee at the Tennis Center; provided, however that the City and its designee, jointly with Licensee, shall have the right to approve all advertising and its location. 27. Failure to Pay. Other than the payments referred to in Paragraph 24 which are to be paid as provided in Paragraph 24, if Licensee neglects to make any other payments to City within ten (10) business days after the day on which the payment is due and owing, Licensee shall pay to City for such privilege, an additional charge of Twenty-Five ($25.00) Dollars per day for each day's delay in payment, retroactive to and beginning with the first day of the delinquency or the City may assess interest at 12% whichever is greater. City's right to assess the penalties for payment made later than the day upon which payment is due and to keep all deposits in the event of cancellation, shall be in addition to its right to terminate the license and its rights to seek all other damages and compensation as permitted by law, upon written notice. 28. Accountine and Rieht to Audit. Licensee shall provide a complete accounting of all revenues that the City has rights to receive a portion of, in conjunction with the Event, in accordance with generally accepted accounting principals, when payment is tendered to the City. City shall have the right to audit and review Licensee's financial records as they relate to or pertain to the Event. 29. Waiver of Breach. Neither the waiver by City or its designee of any breach of the Agreement, condition or provision of this Agreement or the failure of City or its designee to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered a waiver of the Agreement, condition or provision, or any subsequent breach of any Agreement, condition or provision. No provision of this Agreement may be waived except by written agreement signed by the City and Licensee. 30. Security Deposit. Licensee shall deposit with the City some form of security acceptable to the City, in its sole discretion, to cover the cost of refunding tickets for Events or ll for payment of any other fee or charge as provided in this Agreement including, but not limited to all of the fees provided for in Paragraph 24. The security shall be a certified or cashier's check payable to City or a bond executed by a surety or sureties approved by City, naming.City as principal and City as obligee, or other security acceptable to the City. Such security shall be due 30 days prior to the start of the Event. If such security is not received 30 days prior to the start of the Event, the City, in its sole discretion, may terminate this Agreement and retain all fees or charges paid to the City up to the date of termination. 31. Controilin~ Law. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 32. Entire Aereement. This Agreement constitutes the entire agreement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. ~3. Force Maieure~ Strikes and Unavoidable Causes. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 34. Sublicense and Assignment. Licensee shall not sublicense the subject premises or any part thereof or allow the same to be used or occupied by any person or for any other use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of City. Neither this Agreement nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 35. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and 12 received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Licensee: Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 36. City's Name/Logo ,The City shall have its name/logo included in all print, radio, and television advertising created by Licensee to promote the Event. 37. Subtitles and Captions. Paragraph headings are for reference purposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. 38. Ci .ty's Designee. For the purpose of this Agreement, the City's designee shall be JCD Sports Group, Inc. or its designee, unless the City notifies Licensee to the contrary. 39. This Agreement is not effective until signed by the City Manager. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 13 WITNESSES: LICENSEE By: (Name primed or typed) (Name primed or typed) Fein No. (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200__, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Primed or Stamped 14 EXHIBIT "A" Facility Charge (Ticketmaster) Charge per ticket as follows: Ticket Price Charge $10 & under $ $11 -$15 $ $16 & over $ 15 [ITY OF OELRI:I¥ BEI:i[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 TO: MEMORANDUM December 5, 2002 City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Funding Agreement for Executive Director of Business Recruitment (Director) This agreement provides for funding for a position entitled Executive Director of Business Recruitment. The CRA shall pay $25,000 per year and the City will pay $50,000 per year in quarterly pro rata increments commencing January 1, 2003 or on a pro rated basis if hired thereafter. The agreement provides that the Director will be an employee of the Chamber and not the CRA or City. The duties of the Director are set forth on Page 2, in Paragraph 4. The agreement establishes a Cooperative as a condition of funding with one member each being appointed by the Chamber, the City, the CRA, the DDA and Council of 100 Economic Development Arm of the Chamber. The duties of the Cooperative, which shall meet at least monthly, are set forth on Page 4, in Paragraph 7, with the mission of enhancing economic development and business recruitment efforts in the City. The agreement commences January 1, 2003 and is for a two year period subject to budget. The agreement may be extended for an additional one year period if approved by the City and CRA Please place this agreement on the December 10, 2003 City Commission agenda. Attachment CC: Bill Wood, President, Chamber of Commerce Diane Colonna, CRA Director Robert Federspiel, Esq. FUNDING AGREEMENT BETWEEN 'I:HE CITY OF DELRAY BEACH, DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE GREATER DELRAY BEACH CHAMBER OF COMMERCE THIS AGREEMENT is made this day of ,2002, by and between the DELRAY BEACH CHAMBER OF COMMERCE (Chamber), the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA), and the CITY OF DELRAY BEACH (City). WITNESSETH: WHEREAS, increasing economic development within the City of Delray Beach is essential to maintain a vibrant and competitive'community; and WHEREAS, the parties desire to work to further the economic development within the City in a more cohesive collaborative and streamlined manner; and WHEREAS, F.S. §166.021(9) provides that the expenditure of public funds for economic development is a valid public purpose; and WHEREAS, the CRA and the City desire to participate together in funding a position dedicated to economic development within the City of Delray Beach. NOW, THEREFORE, in consideration of the promises and covenants herein contained, the parties agree as follows: Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Position. The CRA and the City desire to contribute money to establish a position entitled Executive Director of Business Recruitment (Director). The Director shall be employed by the Greater Delray Beach Chamber of Commerce (Chamber). 3. Employee of the Chamber. The Director shall report directly to the President of the Chamber and shall plan, organize, implement and direct an economic/business recruitment program, to bring new enterprises and new jobs to the City of Delray Beach. The City and the CRA are providing funding to the Chamber only and are not to be considered employers of the person hired by the Chamber. The Chamber, as the employer, shall pay for all employee benefits and direct all activities of CRA in funding the position shall not the Director. Participation of the City and constitute an employer/employee relationship. 4. Duties and Responsibilities. The duties and Director shall be to plan, organize, implement and direct a program to include the following goals: (a) (b) (c) (d) (e) responsibilities of the business recruitment The attraction of business to Delray Beach. The expansion and retention of existing business in Delray Beach. Business attraction shall be a specific responsibility of the Executive Director and a high percentage of the person's time shall be devoted to this effort. Work with Cooperative partners to design and recommend to the Chamber and its Council of 100, an annual "Program of Action" outlining specific goals and objectives to be accomplished. Measurement of the recruitment efforts by using quantitative and qualitative measures, which may include, but not be limited to measuring: (1) (2) (3) (4) (5) Success in filling targeted spaces with targeted business types Number of jobs created/retained Cost per job created/retained Vacancy rates for retail and office space Absorption rates for retail and office space 2 (f) (g) (h) (i) 0) (k) (6) Average salary of jobs created (7) Types and degrees of public-private interaction (8) Community engagement in the process Conduct a program of market research to identify specialty industries and clusters existing in Delray Beach, which provide the opportunity for target marketing and develop a marketing strategy to reach those industries. Based on identification of specific types of retail and businesses desired, initiate contact with prospects by telephone, mail and personal visits. Determine how they can be encouraged to consider Delray Beach for their expansion or relocation plans. Develop with the realtor community, a cooperative agreement or memorandum to protect and ensure fairness to: property owners, realtors and prospective clients. Maintain an active, current inventory of retail space, buildings and land for sale or lease by prospective companies. Prepare an annual report of accomplishments. Other responsibilities as may be assigned. 5. Payment to be Made Towards Fundin.q the Executive Director of Business Recruitment Position. The CRA shall pay to the Chamber Twenty-Five Thousand Dollars ($25,000.00) per year. The City shall pay to the Chamber Fifty Thousand Dollars ($50,000.00) per year. The monies shall be paid at the start of each quarter in pro rata increments. The first pro rata payment shall be due January 1, 2003 if a Director is hired by the Chamber. If a Director is not hired by January 1, 2003, the quarterly payments will commence on the first day of the month after the Director is hired on a pro rata basis. 6. Establishment of Cooperative; Membership; Meetings. As a condition of funding, a Cooperative will be established. The Cooperative shall contain one member appointed by the Chamber, one member appointed by the City, one member 3 appointed by the CRA, one member appointed by the Downtown Development Authority (DDA), and one member appointed by the Council of 100 Economic Development Arm of the Chamber of Commerce. The Cooperative shall meet monthly or more often as needed to carry out its duties. 7. Duties of the Cooperative. The Cooperative's objectives will be to: (a) (b) (c) (d) (e) (f) (g) Make recommendations to enhance economic development and business recruitment efforts. Utilize existing and new staff, analyze research data such as the downtown cluster study to determine appropriate business types within the downtown. Utilize existing and new staff, research and recommend business types for specific geographic areas outside of the downtown. Since downtown development/redevelopment, or development in other parts of the City affects many people, neighborhoods and businesses, this new cooperative will discuss proposed developments in relation to existing City plans, i.e. Downtown Master Plan, West Atlantic Avenue Redevelopment Plan, North Federal Highway Redevelopment Plan, City Master Plan and others to encourage business attraction efforts, projects and developments consistent with those plans. Identify, research and recommend to the Cooperative, infrastructure and/or other physical or service related needs that will improve opportunities to attract specific types of businesses, i.e., broadband availability in Delray Beach, specific bus stops necessary to accommodate employers needs for employees, etc. Develop a working relationship with county and state economic development agencies and personnel (Business Development Board, Enterprises Florida, Workforce Alliance, etc.) Perform functions as needed to increase the cooperative economic development within the City. 8. Reports. The Cooperative shall provide a report in writing or verbally each year to the separate Cooperative entities represented by the Cooperative membership. The Chamber shall direct the Director to prepare quarterly reports to the Cooperative. 4 10. Term of Aqreement. This Agreement shall be for a two year.period commencing January 1, 2003. The funding promised herein is subject to budget. The Agreement may be extended for one year pedods if approved by the City and the CRA. 11. Recording. This Agreement shall be filed pursuant to the requirements of Section 163.01 (11 ) of the Florida Statutes. 12. Entire Aqreement. No prior or present agreements or representation with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 13. Severabilit¥. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 14. Governin.q Laws; Venue. accordance with the Laws of Flodda. This Agreement shall be governed by and in The venue for any action arising from this Agreement shall in Palm Beach County, Florida. 15. Assignability. Neither the City, Chamber nor the CRA shall assign or transfer any rights or interest in this Agreement. 16. Validity of Agreement. This Agreement shall not be valid until signed by the Mayor of the City of Delray Beach and the City Clerk, the President of the Chamber, and the Chairman of the CRA. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor 5 Approved as to Form: City Attorney ATTEST: (SEAL) COMMUNITY REDEVELOPMENT AGENCY By:. Print Name: Title: (SEAL) ATTEST: GREATER DELRAY BEACH CHAMBER OF COMMERCE By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this , 2002 by of on behalf of the corporation. day of as corporation, He/She is personally known to me or has produced as identification. Notary Public - State of Florida STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ,2002 by day of as 6 of on behalf of the corporation. corp, oration, He/She is personally known to me or has produced as identification. Notary Public- State of Florida 7 DELRAY BEACH ~ 100 N.W lstAVENUE AII-AmericaCity DELRAY BEACH, FLORIDA 33444 561/243-7000 1993 TO: David T. Harden, City Manager 2001 ~¢~° FROM: bert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 10, 2002 APPROVAL POLICIES AND PROCEDURES/SPECIAL EVENTS DATE: December 5, 2002 Action City Commission is requested to approve Policies and Procedures for Special Events with an effective date of July 1, 2003. Back~round Attached is the proposed policies and procedures for special events. This item was originally reviewed with City Commission at your October 8th workshop. Some suggested changes were recommended at your meeting. I have also met again with the review committee to obtain their input for additional changes. The attached proposal contains some grammatical and organization changes. Other changes include: Increases in permit fees · Changes to submittal date requirements along with a required submittal time for new events · Definition of City costs · Definition of non-profit/charitable sponsor and private sponsor · Deletion of paragraph D Section IV (the review team felt this was redundant) · An additional section covering neighborhood block parties I did review event costs under the proposal versus what was paid to the City for last years events. In some cases costs went down in others costs went up. As we discussed at the workshop there is certain amount of flexibility built into the policies and procedures which can be amended in the future. I am suggesting an effective date of July 1, 2003 in order to give us time to get the word out to sponsors we now work with and potential new sponsors. Pnnted on Recycled Papot THE EFFORT ALWAYS MATTERS Subject: AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 10~ 2002 APPROVAL POLICIES AND PROCEDURES/SPECIAL EVENTS Date December 5, 2003 Page: Two (2) Recommendation Staff recommends approval of the proposed Policies and Procedures for Special Events with an effective date of July 1, 2003. RAB:tas Attachments File.u sweeney/events Doc Agenda Item for Special Events Policies and Procedures POLICIES & PROCEDURES SPECIAL EVENTS II. III. Definitions A) Special Event - A special event is a non-routine happening or social activity bringing a large number of people together in a defined area on City facilities, right of way, or private property which requires City services to ensure safety and coordination. Special events include activities such as festivals, concerts, sporting events, parades, walks and runs, etc. B) Purpose of Special Events - The purpose of special events is to fund-raise for non-profit or charitable organizations serving the citizens of Delray Beach, to enhance community and/or neighborhood relations and unity, to promote cultural and ethnic diversity to market and/or promote the City of Delray Beach, or the County, and/or to enhance and promote economic activity within the City. Types of Events A) Major Event - An event of one or more day duration with a cost of over $10,000 for City services, staff overtime and equipment use. B) Intermediate Event - An event of one or more day duration with a cost of between $1,000 and $10,000 for City services, staff overtime, and equipment use. C) Minor Event - An event of one day or less duration, with a cost of under $1,000 for City services, staff overtime and use of equipment. General Policies A) Events must meet defined purposes. B) Events must contribute financially to City residents, non-profit or charitable groups, neighborhood associations or must be of significant economic or marketing value to the City. C) Event sponsors are required to obtain all City, State, County and Health Department permits as may be needed. D) Event sponsors are responsible for submitting in writing permission as may be required from other governmental agencies, private property owners, and designated managers of City property i.e. Tennis Center and Old School Square. E) Event sponsors are primarily responsible for event promotion, marketing and advertising. City assistance will be provided through its Public Information Officer web page and other printed publications. File.u sweeney/events Doe-Special Evnet Policy and Procedure 12/4/2002 F) G) H) I) J) Only one major event will be allowed per month, unless otherwise approved by City Commission. A major and intermediate event will not be allowed on the same day or during the same week. No more than two (2) intermediate events will be allowed within the same week when total costs exceed $10,000. City staff will assist in obtaining parking lot use agreements from the County and CRA as may be needed. Event sponsors or their contractors are required to submit required certificates of insurance, to include liquor liability when applicable, hold harmless agreements, and any required cash bonds to the City at least one week before the event. Submittal Requirement: · Major Event - Initial requests must be submitted to the City Manager or his designee at least 90 days prior to the event. The permit including all back up material must be submitted at least 4-5 60 days before the event. · Intermediate Event - Initial request must be submitted to the City Manager or his designee at least 60 days before the event. The permit including all back up material submitted no later than 45 days prior to the event. · Minor Event - Initial requirements be submitted to the City Manager or his designee at least 30 45 days prior to the event. The permit and all back up materials must be submitted at least 30 30 days prior to the event. · Request for a new event must be submitted in writing at least 90 days before the event. · Event submittals may require (based on the type and the size of the event) · Site plan · Parking plan · Traffic plan · Private security plan · Alcohol control plan · Police security plan · Pyrotechnic permit Fire-Rescue Department at scheduled display. · Maintenance/clean up plan submittals shall be submitted to the least 30 days prior to the City staff will provide assistance in developing said plans. · Entertainment schedule · Load in and take down schedule File:u sweeney/events Doc:Special Evnet Pohcy and Procedure 12/4/2002 · Event Sponsors will be required to submit an event budget. L) Event staffing: Police - mandatory police or required for: · other trained non-swom personnel is Directing traffic for pedestrian safety whenever alcohol is served or sold by the event sponsor, event vendor, or other businesses within the event foot print. Mandatory staffing can be waived by the Police Chief in consultation with the City Manager or his designee if deemed appropriate based on the type of event. Fire - mandatory staffing may be required as determined by the Fire Chief in consultation with the City Manager or his designee normally when the total estimated crowd at anyone time in the venue area exceeds 2,500 people. However, staffing requirements must take into account venue risks, type of activity, and other safety considerations in addition to the size of the event. Mandatory staffing can be waived by the Fire Chief in consultation with the City Manager or his designee if deemed appropriate based on the type of event. M) Minor events will be approved or disapproved at the staff level. Exceptions to the above subject submittal requirements for events to be held at the Tennis Center may be waived by the City Manager. IV. 1. Event Payment for City Services Event sponsors will be required to pay for costs incurred by the City per the following schedule. For purposes of this section costs are defined as City staff overtime costs, stage use and set up costs, barricade rental charges and costs for signage. Non-profit and charitable organizations are defined as those with a 501c(3) or c(6) designation. All other sponsors not designated as the City or non- profit/charitable will be considered as private sponsors. A-) City sponsored or co-sponsored event - nc charges ....... ~ .... ~ ~*~"~;~ ~.. No ch~ges for City costs. B) Privately Sponsored Events File:u'swcaney/evcnts Doc:Special Evnet Policy and Procedure 12/4/2002 Mi E .... cvemm.e, .... ; .... * ~*"~ ~ -'~ '~ ~; ........... ~ *;~ m~d set up. 100% payment of all costs. Intermediate Event Years 1-2 After year 2 50% payment of costs over $1,000 payment of 100% of costs Major Event · Year 1-2 · Year 3 · Year 4 -5 * After Year 5 50% payment of total cost 60% payment of total cost 75%payment of total cost 100% payment of all costs C) Non-Profit/Charitable Organization Sponsor Events Minor Event · Years 1-2 no charges · Years 3-5 50% of cost · After year 5 100% of cost Intermediate Event ($1,000 - · Years 1-2 · Years 3-5 first $5,000 · After year 5 first $5,000 $10,000) no charges no charge, 25% charge for costs over $5,000 no charge, 50% charge for cost over $5,000 Major Event (over $10,000) · Years 1-2 · Years 3-5 first $10,000 · After year 5 first $10,000 no charges no charge, 50% charges for costs over $10,000 no charge, 75% of charge for costs over $10,000 up to a maximum payment to the City of $40,000 50°,4 4 File:u:sweeney/events Doc Special Evnct Policy and Procedure 12/5/2002 D) Permit Fees Event processing permit fees will be charged as follows: · Minor event e~< aa $50.00 · Intermediate Event ,~,,.,,,,e<n nn $100.00 · Major Event $199.99 $200.00 Above payment structure does not include charges that may be levied contracted for use of Old School Square si~ or ~.~+,_~, .~.-: .... ~,,,,~ .... ,~,,~..~,~,~,.*~n for at the Tennis Center. Charges specified in contracts for these sites which may be different from and/or in addition to the above schedule. Additional charges will be made for stage rental and barricade rental. Barricade rental charges will be levied when they City is required to rent additional barricades. Neighborhood Block Parties Requests for neighborhood block parties will be reviewed for approval on a case by case basis by the City Manager or his designee. Consideration of approval will be based upon the following policies: · Requests must be received in writing by the City Managers Office at least 30 days prior to the event. · Requests must be submitted by the Homeowners Association or by other individuals with a petition signed by 51% of the homeowners who live on the block. · Approvals will only be given for a one (1) block area. · Consumption or sale of alcohol on City rights-of-way will not be permitted. · Structures other than barricades are not allowed in the City rights-of- way. · Homeowners Association will be required to pay a, ll overtime costs that may be incurred. · Impact due to other events. File:u'sweeney/events Doc:Special Evnet Pohey and Procedure 12/4/2002 Harden, David From: Sent: To: Cc: Subject: Ruby, Susan Wednesday, December 04, 2002 1:29 PM Harden, David; Garito, Barbara 'delcommish@hotmail.com' FW: Request to change liaison assignment Dear David, I have received a request for a change in board liaison assignments. Perhaps you could include the request for change of assignment on the next agenda. Thanks. Susan ..... Original Message ..... From: Jeff Perlman [mailto:delcommish@hotmail.com] Sent: Wednesday, December 04, 2002 12:23 PM To: Ruby@ci.delray-beach.fl.us Subject: Request to change liaison assignment Dear Susan: I would like to resign from my assignment as the commission's liaison to the Community Redevelopment Agency. I believe Commissioner McCarthy may be the alternate. I will be happy to pick up any additional city boards or too swap with Commissioner McCarthy if she is amenable. Thanks for your consideration. Warmest regards, Jeff Perlman Vice Mayor MEMORANDUM TO: FROM: SUBJECT: Mayor and City Commissioners Garito, City Clerk~' Barbara APPROVED CITY COMMISSION LIAISON ASSIGNMENTS DATE: April 2, 2002 Board Downtown Development Authority. 35d Wednesday at 12 Noon at Chamber of Commerce Commissioner Levinson General Employees Retirement Committee Meets as needed Tom Lynch to continue as Commission appointee Parking_ Management Advisory. Board 4~ Tuesday at 5:30 p.m. in First Floor conference Room Commissioner Archer Police & Fire Board of Tnmtees 3'~ Wednesday from 2-4 p.m. in Training Room at Fire HQ or Police Chiefs Conference Room The Mayor is a sitting member (Section 33.65 of the City Code) Education Board Commissioner Perlman 1" & yd Mondays at 5:30 p.m. Meets in First Floor Conference Room on 1" Monday Meets at various school locations on 3,0 Monday, if possible Community. Redevelopment Agency (CRA) Commissioner Perlman Primary Member Commlasioner McCarthy Alternate Member In addition, Commissioners adopted a Dekay Beach Public School and sit on that School's Advisory Committee. The schools are: Banyan Creek Elementary School Spady Elementary School Plumosa Elementary School Pine Grove Elementary School of the Arts Commissioner Perhnan Commissioner McCarthy Mayor Schmldt Commissioner Pedman Appwved Liaison Assigmne~ts 3/28/02 Orchard View Elementary School Carver Middle School Athnt/c High School Village Academy Commissioner McCarthy Commissioner McCarthy Commissioner Levinson Commissioner Pacher Outside .A~_ency A_opointme~; (1) Palm Beach County. Le _ague of Cities. Inc. Governmental Center 301 North Olive Avenue P.O. Box 1989 West Palm Beach, FL 33402 Contact: Jamie Titcomb, Executive Director 561/355-4484 David T. Harden, City Manager Ad Hoc Committee on Annexation & Board of Directors Commissioner Levinson Alternate Member The Palm Beach County of Cities, Inc. was chartered in 1969 as a non-profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective interest of the municipalities of Palm Beach County, Florida; to study municipal issues and seek desired results through cooperative effort; to respect the principles of Home Rule, and to encourage and enhance the quality of life of the citizens of Palm Beach County. The General Membership meets once per month (normally the 4m Wednesday) at 10:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 2"~ Wednesday) at 10:00 a.m., 12m Floor Conference Room at the Governmental Center in West Palm Beach. Palm Beach County. Beaches & Shores Council PBC Planning, Zoning & Building Dept. 24 Floor Conference Room 100 Australian Avenue West Palm Beach, FL 33406 (561) 233-2400 Contact: Paul Dorling - 561/243-7040 Paul Dorling Planning Director Primary Member Dan Marfino Principal Planner Alternate Member The Beaches & Shores Council meets on the 2'~ Monday of each month at 1:30 p.m. It's purpose is to provide recommendations to the Florida Depaxuiient of Environmental Protection on all proposed construction east of the coastal construction line and to serve as a forum for discussion of coastal matters in Palm Beach County. Metrotmlita~ pl~nnin~ Or~nizafion of palm Beach County. 160 Australian Avenue, Suite 201 P.O. Box 21229 West Palm Beach, Fl 33416-1229 Contact: Randy M. Whitfield, P.E. Director 561/684-4170 or Paul Dorling (City staff) 561/243-7040 Commissioner Archer Pmnary Member Commissioner McCarthy Alternate Member Approved l.i~ison Assignments 3/28/02 The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. It's objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within and through urbanized areas of Palm Beach County while minimizing transportation-related fuel consumption and air pollution. The MPO is charged with the development of short-range (5 year) and long range (20 year) transportation plans and programs. MPO Board (elected official~) meets on the 34 Thursday of the month at 9:00 a.m., 122 Floor conference Room at the Governmental Center. Technical Advisory Committee (TAC, staff subcommittee) meets on the 1" Wednesday of the month at 9:00 a.m. at 160 Australian Avenue - 5~ Floor Conference Room. (4) South County. _Imy Trial Feasibility Committee Jay Alperin, DDS Constituent Group Representative Commissioner Levinson Elected Official (5) Liaison to State Representative William F. Andrews. District 87 Mayor Schm!dt Intergovernmental Coordination Issues Forum Lantana Council Chambers 500 Greynolds Circle Lantana, FL 33405 Contact: Anna Yeskey 9835-16 Lake Worth Road, Ste 223 Lake Worth, FL 33467 561/434-2575 Commissioner Archer Primary Member Commissioner Perlman Alternate Member Paul Dorllng, City Staff The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi-jurisdictional significance, such as school concurrency, countywide fire rescue services, and countywide library services. The intent is to have munidpalifies work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. The next meetings are scheduled for May 4~, August 34, and November 2~. The meetings are held at 9:30 a.m. in the Lantana Council Chambers. s/o~ Ck~/C~'rk/,'k,~v~d t~so~ ass~rn,~ ~-2~-02 Appzoved ! i~ison Assignments 3/28/02 I:IT¥ OF DELRI:I¥ BEFII:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7091 1993 DATE: TO: MEMORANDUM November 15, 2002 City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Lease of Land to Boys and Gids Club The Boys and Girls Club of Palm Beach County lease the Catherine Strong Center that is located in Lease Area 5. The Boys and Girls Club desires to enter into a restated lease of property for the land in Lease Area 4. The Boys and Girls Club plans to erect a building on premises. The lease is before you in legislative format to show the changes in the existing Lease. The lease shall be for 75 years from the original June 1, 1996 commencement date and will expire May 31, 2074. At the end of the lease, the Boys and Girls Club may exercise an option to purchase the land for $10. The deed shall contain a reverter. The land would revert to the City if the land is not used as a Boys and Girls Club. The Lessee shall have full maintenance responsibility for Lease Area 4. The City will maintain the property outside of Lease Area 4. Lessee shall pay all utilities. Lessee shall have the right to sublet the premises, but not full-time, for periodic uses consistent with the limitation of providing education or recreational services to youth. By copy of this memorandum to David Harden, City Manager, please place this matter on the December 10, 2002 City Commission agenda for a Public Hearing, pursuant to City Ordinance 36.35. Please~' have any questions. SAR:smk Attachment Cc: Mary O'Connor Paul Doffing, Director of Planning and Zoning Joe Weldon, Director of Parks and Recreation Robert Barcinski, Assistant City Manager / BOYS & GIRI CLUBS OF PALM BEACH COUNTY, INC. 'l'he Positive PIc ce for Kid5 OFFICERS Chairmc~n Juan C Cocuy Chairman Elect Dennis Wltkowsk~ Vtce Chairmen Christine D. Hanley Sharon Martinelli Lynn O~en Chr~tine Pitts Wallace Turner Secreta~ SyMa S James BOARD OF DIRECTORS Bob Bertisch Leonard H Bierer Re~d Boron John L Burns Barry B Byrd Wdliam K. Color, Jr ° Nelson Centavo James M Carman Don W Chester Barbara ClaggeYr Douglas Cooper Lynne Cross Thomas V DiBacco Kim E Fanseca Pamela O Gebauer Joan Greet Man/Hamngton James G Held Dan~elle A Hickox Juhe Kime John Lacy Troy Maschmeyer Alexis A Morrill Do~o Morris Pat Murphy M~chael Note* Joseph A Piegafl CoL John E. Roberts, Jr Henn/P Ruffolo Patncia J. Shed Thad Toothman Joseph A, Vassallo* Man/Lau Watchman Steve Weeks Thurlow West November 7, 2002 Ms. Susan Ruby City Attorney City of Delray Beach 100 N.W. 1st Ave. Delray Beach, FL 33444 Dear Ms. Ruby, As always, it was good speaking with you and I appreciate all of your work in the preparation of the proposed lease agreement between the City of Delray Beach and the Boys & Girls Clubs of Palm Beach County. The Boys & Gifts Clubs is eager to build a new 21,000 square foot facility to serve the youngsters of Delray Beach. Our existing facility has reached its capacity and we often find ourselves in the position of turning children away. I have attached a rendering of the facility along with some of the wonderful new amenities it will offer for your review. I have also attached the legal description referred to as Exhibit A in the lease. Should you have any questions or need any additional information, please give me a call at 561-683-3287. DIRECTORS FOR UFE Harnson Chauncey* k~_ rely, Barkley S. Henderson* J Carter Miller, Sr * Lee K Spencer* Mrs. Elmer C Warshaw Col, Alfred M Warden* onnor PRESIDENt & CHIEF EXECUTIVE OFFICER ,. J,., ,.°res:'~en~ & CEO Mary T O'Connor · Post President MTO:jaj SOYS & GIELS CLUBS OF AMERICA CJ-IILDR~'q 5 g RECEIVED NOV 2 2002 CiTY ATTORNEY GENERAL SERVICES CENTER · 800 NORTHPOINT PARKWAY, SUITE 204 * WEST PALM BEACH, FL 33407-1946 * 561-683-3287 · FAX 561-683-1618 WITH FACILITIES IN: WEST PALM BEACH * WELLINGTON * RIVIERA BEACH · DELRAY BEACH · BELLE GLADE * SOUTH BAY * CANAL POINT BOYS & GIHLS CLUB OF OELRAY BEACH Future Facility Specifications: · 20,671 square foot facility · 14,886 square foot parking · To include a learning center, computer lab, arts & crafts center, game room (6 to 12 year olds), teen center, kitchen/dining area, dance studio, gymnasium, and office spaces. · Capacity: 300 served daily Hours of Operation: The Club will be open 5 days a week and some Saturdays, 50 weeks a year. During the school year, the Club wdl be open between 2:00 and 8:00 p.m., Monday through Friday. During the summer, spring and winter breaks, and teacher planning days, the Club w~ll be open from 7'30 a.m. to 6:00 p.m. BOYS & GIRI~ CLUBS Proqramminq The Boys & G~rls Clubs of Palm Beach County is part of a nationwide affiliation of local autonomous orgamzations and Boys & Girls Clubs of America working to help youth of all backgrounds develop the qualities needed to become responsible citizens and leaders We offer daily access to a broad range of programs in five core program areas: character and leadership development; education and career development; health and hfe skdls; the arts; and sports, fitness and recreation RESTATED LEASE AGREEMENT BETWEEN CITY OF DELRAY BEACH, FLORIDA AND THE BOYS AND GIRLS CLUB OF PALM BEACH COUNTY, INC. ARTICLE I 1.01 1.02 1.03 ARTICLE II 2.01 ARTICLE III 3.01 3.02 3.03 3.04 ARTICLE IV 4.01 4.O2 ARTICLE V 5.01 ARTICLE VI 6.01 6.02 6.03 ARTICLE VII 7.01 TABLE OF CONTENTS BASIC LEASE PROVISIONS Premises Parking Length of Term and Commencement Date RENT Annual Rent CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE Use Conduct Alterations by Lessee Hazardous Substances REPAIRS AND MAINTENANCE OF PREMISES Responsibilities of Lessor and Lessee Lessor's Right to Inspect and Repair UTILITIES AND SERVICES Responsibilities of Lessor and Lessee INSURANCE Insurance by Lessee and Lessor Personal Property Indemnification DESTRUCTION OR CONDEMNATION OF PREMISES Damage or Destruction by Fire, War or Act of God PAGE 2 3 3 3 4 4 5 6 6 6 6 7 ARTICLE VIII 8.01 8.02 ARTICLE IX 9.01 ARTICLE X 10.01 10.02 ARTICLE Xl 11.01 11.02 11.03 11.04 11.05 11.06 11.07 11.08 11.09 Exhibit "A" Exhibit "B" TABLE OF CONTENTS DEFAULT Default by Lessee Default by Lessor QUIET ENJOYMENT Lesso¢s Covenant SURRENDER, HOLDOVER Surrender of Premises Holdover MISCELLANEOUS Notices and Consents Severability No Recording Venue Captions- Recitals No Representations - Entire Agreement Time of the Essence No Assignment or Subletting or Licensing of Premises Radon Benefit and Binding Effect Collectively referred to as the Premises Insurance Requirements PAGE 7 8 8 9 9 9 10 10 10 10 10 10 11 11 11 RESTATED LEASE AGREEMENT THIS RESTATED LEASE is made this ~ day of , 2002, by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as the "Lessor", and BOYS AND GIRLS CLUBS OF PALM BEACH COUNTY, INC., a not-for profit Florida corporation, hereinafter referred to as "Lessee". WlTNESSETH: WHEREAS, Lessor desires to lease the premises depicted in Exhibit A as Lease Area 4 to the Lessee to be used solely and exclusively for public park and recreational purposes or other public purposes, which may include educational purposes and all other purposes set forth in Lessee's Charter, provided that there is no conflict with the purposes set forth herein and the deed from Palm Beach County to the City as set forth in Exhibit "C". NOW, THEREFORE, it is hereby mutually covenanted and agreed by and between the parties hereto that this Lease is made upon the agreements, terms, covenants and conditions hereinafter set forth. ARTICLE I BASIC LEASE PROVISIONS 1.01 Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, the Lessor demises and leases to the Lessee, and Lessee rents from Lessor, land located within Lease Area 4 and as further described in Exhibit A, attached hereto and by reference made a part hereof, referred to as the "Premises". Lessor hereby grants Lessee a non-exclusive easement across the property for ingress and egress to the Premises during the term of this Lease. The non-exclusive easement across the property shall not interfere with Lessee's operations, or restrict access to the inside of the Club unless there is prior notice. 1.02 Parking Parking shall be located on the Premises. 1.03 Length of Term and Commencement Date The Term of this Lease shall be for a period of seventy-five (75) years commencing from June 1, 1996 (the original "Commencement Date") and expiring on the 31 st day of May, 2074. This Lease shall terminate upon Lessee's failure to comply with each and every requirement imposed upon Lessee under the terms of this Lease after any applicable grace period. Provided that Lessee has continually maintained the Premises for permitted uses as set forth in this Lease (The "B&G Club Use"), and provided that Lessee is not in default of any of the terms and conditions of this Lease, then Lessor grants to Lessee the option to purchase the Premises from Lessor at the expiration of the original or extended Lease Term, as set forth herein. The purchase price shall be equal to the sum of $10.00, together with payment of all transfer costs of the transaction. In the event that Lessee desires to exercise such option, Lessee shall provide Lessor written notice of such exercise within sixty (60) days prior to the expiration of the Lease Term (the "Purchase Notice"). Closing shall take place within sixty (60) days after the Purchase Notice. In the event that any restrictive covenant exists on the Premises as of the commencement date of the Lease that requires a third party approval for the conveyance, Lessee shall have the obligation to seek such approval or obtain a waiver of such approval. At closing, Lessor shall convey marketable title by warranty deed, free and clear of any encumbrances to Lessee, provided however, that the deed shall contain a reverter clause providing that if Lessee fails to use or maintain the Premises for the B&G Club Use, title shall revert back to Lessor. Lessee shall pay for any recording costs, survey expense, and any title insurance policy desired by Lessee. Lessee shall take the Premises in an AS IS condition. Any prorated expenses of the Premises such as taxes, assessments or otherwise, shall be prorated as of the closing date. ARTICLE II RENT 2.01 Annual Rent The Rent payable annually in advance by Lessee for the Term of this Lease for the use and occupancy of the Premises is One ($1.00) Dollar per annum. Lessee is a tax exempt entity as evidenced by tax exemption # No sales or use tax shall be included or charged with Rent or any other payment required of Lessee pursuant to this Lessee, unless required by law. If so required, the Lessee shall pay for such taxes for prior or future years, all as may be required by law. Payment of Rent will be mailed to Lessor as stated in Section 12.01 of this Lease. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.01 Use Lessee shall build a building and other improvements in accordance with a site plan that may be amended from time to time. Lessee shall use and occupy the Premises for the purpose of maintaining a recreational center and for providing recreational/educational programs and for other public purposes with attendant offices and meeting rooms necessary to provide recreational programs, and for no other purpose or use whatsoever, without the prior written consent of the Lessor. The Lessee is also bound by 501C(3) purposes and charters. The Lessee shall not use the premises for any purpose that conflicts with the purposes set forth herein and in the deed from Palm Beach County to the City, as shown in Exhibit "C". 3.02 Conduct Lessee shall not commit waste on the Premises, nor maintain, commit or permit the maintenance or commission of a nuisance thereon, or use the Premises for an unlawful purpose or unpermitted purpose. Lessee acknowledges that its employees and the Premises shall throughout the Term of this Lease be in full compliance with all Federal, State, County and local statutes, laws, rules and regulations including without limitation, Sections 402.301 to 402.319 inclusive, Florida Statutes, if applicable to Lessee and rules and regulations promulgated thereunder as may be amended from time to time and shall be properly licensed by all applicable authorities as may be required for the lawful operation of the Premises as a recreational facility serving children and as otherwise pertain to Lessee's use of the Premises. 3.03 Alterations by Lessee Lessee agrees to perform, at its own cost and expense, all work necessary to fully equip and maintain the Premises for Lessee's permitted use of the Premises as specified in Section 3.01 of the Lease. Any installation, alteration, addition, improvement or other physical change ("Alteration") requiring a building permit in or about the Premises by the Lessee shall require the prior written consent of Lessor whose consent shall not be unreasonably withheld. Lessee shall submit plans for Lessor's approval of all such alterations. Upon granting its consent, Lessor shall specify whether the Alteration is to be removed by Lessee, at Lessee's sole cost and expense, upon the expiration of the term of this Lease. In the event a construction lien is filed against the premises, Lessee shall comply with all applicable provisions of Florida Statutes, Chapter 713, Part I. Lessee, within thirty (30) days after notice from the Lessor, shall discharge, or shall have mechanics lien transferred to bond, any mechanic's liens for materials or labor claimed to have been furnished to the Premises on the Lessee's behalf and to indemnify, defend and save Lessor harmless from and against any damage or loss incurred by the Lessor as a result of any such construction lien. All buildings, alterations, additions, improvements, decorations or installations, including but not limited to, partitions, railings, (except movable furniture and fixtures put in at the expense of Lessee and removable without defacing or injuring the Building or the Premises), shall become the property of Lessor at the termination of the Lease Term. 3.04 Hazardous Substances Lessee shall not use, store or dispose of any "Hazardous Substances" on the Premises, any chemical, material or substance, including petroleum products, the handling, storage, transportation, disposal of or exposure to which is prohibited, limited, or regulated by any federal, state, county, regional or local authority. In the event of accident or discovery of such storage or disposal, Lessee shall immediately report such occurrence to Lessor, indicating what is being stored or disposed of, and what actions Lessee is undertaking to remove said hazardous substances or petroleum products. Lessee agrees to indemnify, defend and save harmless the Lessor from and against any claim, damage or loss incurred by Lessor as a result of the storage, disposal, exposure or transportation of the aforementioned hazardous substances and petroleum products. ARTICLE IV REPAIR AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and Lessee (a) Lessee at its sole cost and expense, agrees to repair and maintain the Premises and keep the building and appurtenances in good order and condition. Lessee's responsibility includes, but is not limited to the repair, maintenance, and if necessary, the replacement of the roof, roof drains, outside walls, foundation and structural portions of the building (both interior and exterior), the fire sprinkler and electrical systems of the Premises and the plumbing and sewage pipes servicing the Premises and located in the Premises. Throughout the term of this Lease, or any extension thereof, Lessee shall be responsible for all costs and expenses associated with the repair, maintenance, and replacement if necessary, of the HVAC systems of the Premises. Lessee shall be responsible for the painting of the building, and additions or alterations thereto (both interior and exterior) and any additional buildings both interior and exterior constructed on the Premises. Lessee shall paint the building(s) at least once every five years, unless Lessor agrees that it is reasonable to delay the painting thereof. The exterior building color shall be approved in advance by the Lessor. Lessee shall maintain, repair and/or replace if necessary all existing outdoor play structures including play equipment, basketball standards, backstops, etc. and any other such equipment which presently exists or is later installed by the Lessee on the Premises during the term of this Lease and shall keep the aforesaid in the same condition as it existed at time of Lease, normal wear and tear expected. Lessee shall maintain and repair all structures or appurtenances placed on the property by Lessee. Lessee shall also maintain, repair and replace if necessary all outdoor lighting and outdoor paved areas on the Premises, including, but not limited to, play areas and parking lots on the Premises. Lessee shall be responsible for repair and replacement of fencing and for the maintenance of irrigation and landscaping on Lease Area 4. (b) Lessor sha;', be responsible for perimeter fence maintenance/repair or replacement, for landscape and ground maintenance, and repair and replacement of the irrigation system located on the property that is situated outside of Lease Area § 4_. The Lessor shall be responsible for the repair and maintenance of the paved access road and parking area adjacent to the Premises. All other maintenance/repair and/or replacement not expressly reserved to Lessor shall be the responsibility of Lessee. (c) If the Lessor or Lessee shall fail to properly repair or maintain any item required to be repaired or maintained by Lessor or the Lessee under this Lease or fails to perform or pay for services or utilities as required by this Lease, within thirty (30) days of notice from the other party of the need for such repair, maintenance, performance or payment, the Lessee or Lessor, may complete such repairs, perform the necessary maintenance, or provide or pay for services or utilities and Lessor or Lessee shall reimburse the other party for all reasonable expenses incurred by Lessee or Lessor in doing so. If the Lessee fails to respond within thirty (30) days of notice from Lessor of the need for replacement of any item required to be replaced, by setting forth a reasonable schedule for replacement acceptable to Lessor, the Lessor at its sole discretion shall undertake the replacement thereof and the Lessee shall reimburse the Lessor for all expenses incurred by Lessor in doing so. 4.02 Lessor's Right to Inspect and Repair The Lessor or the Lessor's agents shall have the right upon reasonable prior notice to the Lessee (except that no notice need be given in case of emergency) to enter the Premises for the purposes stated in Paragraph 3.01 and for the purpose of inspection and maintenance of, or the making of repairs to the Premises or the Building, which are Lessor's responsibility hereunder or which Lessor has the right to perform pursuant to Paragraph 4.01, or for the purpose of complying with laws, regulations or other requirements of government authorities. Any such entrance into the Premises shall be conducted by Lessor in a manner calculated to minimize interference with or disruption of Lessee's operations within the Premises. ARTICLE V UTILITIES AND SERVICES 5.01 Responsibility of Lessor and Lessee Lessee shall supply at its cost and expense separate meters, if required, for measuring electricity and water used or consumed as a result of Lessee's use of the building and parking areas located on the Premises. Lessee agrees to pay all charges for electricity and water or any other utilities used or consumed as a result of the use of the building and parking areas located in or on the Premises, including the cost of outside lighting of the Premises, by contracting directly with the utility company furnishing such utilities to the Premises. The Lessee shall remove its refuse and rubbish from the Premises to any area on the Property to be designated by Lessor and from which it will be removed at the expense of Lessee. Lessee shall be responsible for all garbage and trash removal fees and charges including but not [imited to all fees and charges submitted by the Solid Waste Authority for solid waste generated from the Premises. The Lessee at its expense shall contract for all janitorial services in and about the Premises and shall cause all portions of the Premises to be regularly ARTICLE VI INSURANCE 6.01 Insurance by Lessee and Lessor During the entire Term of this Lease or any renewal thereof, Lessee shall provide insurance as shown in Exhibit B. 6.02 Personal Property All of Lessee's personal property placed or moved in or on the Premises shall be at the risk of the Lessee or owner thereof. Except as otherwise provided herein, Lessor shall not be liable for any damage to said personal property, except to the extent caused by the Lessor, its agents' or its employees' willful or negligent acts or omissions. 6.03 Indemnification Lessee shall indemnify and save harmless the Lessor, its officers, agents and employees, its officers, agents and employees from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease or any renewal thereof, for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the Lessee, its agents, employees, licensees and invitees and the general public and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabil- ities incurred in and about the defense of any such claim. Said indemnification by Lessee shall not include indemnification for claims, damages, loss, or liabilities which are judicially determined to arise out of the negligence or willful misconduct of the Lessor, its officers, employees or agents, its officers, employees or agents. In the event that the Lessor is made a party to any litigation commenced against the Lessee or by the Lessee against any party, then Lessee shall indemnify, protect, hold harmless and pay all costs and attorneys fees incurred by Lessor in connection with the litigation and any appeals thereof. Nothing herein shall constitute a waiver of sovereign immunity of the Lessor. ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War, or Act of God In the event the Premises shall be destroyed or so damaged or injured by fire, flood or other casualty during the term of this Lease or any extension thereof, whereby the same shall be rendered untenantable, in whole or in part then the Lessee at its sole option may terminate the lease or may commence and complete replacement or restoration thereof within two years of the aforementioned event. In the event of any such casualty and if Lessee fails to complete restoration or replacement within the two year period, the Lessor may, in its sole discretion grant an extension of time or terminate the Lease, and Lessor may complete the restoration or replacement or demolish the improvements and properly dispose of the demolished materials and Lessee shall reimburse the Lessor for all costs and expenses in doing so. In the event Lessee or Lessor elects to terminate this Lease, instead of replacing or restoring the premises, both parties shall be relieved of all further obligations hereunder, except as provided herein. The cancellation herein mentioned shall be evidenced in wdting. ARTICLE VIII DEFAULT 8.01 Default by Lessee The occurrence of any one or more of the following shall constitute an Event of Default by Lessee under this Lease: (i) Lessee shall fail to perform or observe any of the agreements, covenants or conditions contained in the Lease on Lessee's part to be performed or observed and such failure shall continue for more than thirty (30) days after notice; (ii) Lessee shall vacate or abandon the Premises; or (iii) Lessee's leasehold estate shall be taken by execution, attachment or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Lessor shall have the right, at its own option, to either cure the default and Lessee shall reimburse Lessor for all expenses incurred by Lessor in 7 doing so or may give Lessee notice that Lessor intends to terminate this Lease upon a specified date no less than three (3) days after the date the notice is received by Lessee, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the term of this Lease. If, however, the default is cured within the three (3) day period or the Lessee commences to cure the default within the three day period and thereafter diligently pursues such cure and the Lessor is so notified, this Lease will continue, provided the cure is perfected within a reasonable time or within the time as may be provided by the Lease. 8.02 Default by Lessor Lessor shall be in de;ault of this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on the Lessor's part to be observed or performed, and the Lessor shall fail to remedy same within thirty (30) days after notice from Lessee. In the event the default is of such nature that it cannot be reasonably cured within the foregoing thirty (30) day period, Lessor shall be entitled to a reasonable period of time under the circumstances in which to cure said default, provided that Lessor diligently proceeds with the curing of the default. In the event that the default is not cured by Lessor within the foregoing time period, Lessee, at Lessee's option, may cure either said default and Lessor shall reimburse Lessee for all expenses incurred by Lessee in doing so, or Lessee may give to the Lessor a three (3) day notice specifying that the Lessee intends to terminate this Lease. Upon receipt of said notice and expiration of the three (3) day time period, this Lease and all obligations of Lessee hereunder shall terminate and Lessee shall thereupon be relieved of all further obligations hereunder. ARTICLE IX QUIET ENJOYMENT 9.01 Lessor's Covenant Upon payment by the Lessee of the Rent and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on Lessee's part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption, subject to the terms of this Lease. ARTICLE X SURRENDER, HOLDOVER 10.01 Surrender of Premises Upon expiration of the term, the Lessee shall, subject to the provisions of Section 3.03 of this Lease, remove at its own cost and expense, its personal property, trade fixtures and equipment and shall deliver the Premises to Lessor in good repair and condition, excepting reasonable wear and tear arising from Lessee's permitted use of the Premises. 10.02 Holdover Any holdover by Lessee, with or without the consent of Lessor, at the expiration of this Lease, shall create a new tenancy from month-to-month between Lessor and Lessee which shall be subject to all terms and conditions hereof. This holding over shall not result in renewal or extension of this Lease. ARTICLE Xl MISCELLANEOUS 11.01 Notices and Consents Any consents, approvals and permissions by the Lessor shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail, return receipt requested addressed: (a) if to the Lessor at: City Manager 200 N.W. 1st Avenue Delray Beach, FL 33444 (b) if to the Lessee at: Boys and Gids Clubs of Palm Beach County, Inc. 2247 Palm Beach Lakes Boulevard Suite 212 West Palm Beach, FL 33409 with a copy to: Office of the City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 Or at such other addresses as the Lessor or the Lessee, respectively, may designate in writing. 9 11.02 Severability If any term of this Lease or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease, shall be valid and enforceable to the fullest extent permitted by law. 11.03 No Recording Lessor and Lessee agree that a Notice of Leasehold interest, in form agreeable to each party, shall be recorded in the public records to set forth the term of the Lease, identification of the parties, and notice that the Lessor's interest in the Premises is not subject to any lien. 11.04 Venue This Lease shall be governed by and interpreted according to the laws of the State of Florida. To the extent allowed by law, the venue for any action arising out of or from this Lease shall be in Palm Beach County, Florida. 11.05 Captions - Recitals The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. The Recitals contained on page one of the lease are hereby incorporated as if set forth fully herein. 11.06 No Representations - Entire Agreement This Lease constitutes all agreements, conditions and understanding between Lessor and Lessee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. 1.07 Time of the Essence Time is of the essence with respect to each provision of this Lease which requires that action be taken by either party within a stated time period, or upon a specified date. Any reference to a certain number of days shall be deemed to be calendar days. Any time period provided herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. EST of the next business day. 10 11.08 No Assignment or Subletting or Licensing of Premises Lessee shall not assign nor sublet or License the Premises without the prior written consent of the Lessor, which consent may be granted or withheld in the Lessor's sole discretion, unless such assignment is to any successor of the named Lessee which shall use the premises for the same permitted use, in which case Lessor shall not unreasonably withhold its consent. Notwithstanding the above, Lessee shall have the right, without requirement to seek approval of Lessor, to sublet the Premises for periodic, but not full- time, uses consistent with the defined uses in the Lease, in order to provide educational or recreational services to youth." 11.09 Radon Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient qualities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the public health unit. 11,10 Benefit and Binding Effect This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the date set forth below. ATTEST: LESSOR: CITY OF DELRAY BEACH By: By:. City Clerk David W. Schmidt, Mayor Approved as to form and legal sufficiency: City Attorney l! ATTEST: Deputy Clerk LESSEE: BOYS AND GIRLS CLUB OF PALM BEACH COUNTY, INC. By: Title: Rev. 4/23/02 Rev. 6/04/02 Rev. 6/21/02 Rev, 1115/02 EXHIBIT "A" THE PREMISES Leaal bescrimtion: The Premises consists of the following described land lying and being in Palm beach County, Florida, to-wit: West 1/2 of Lot 18, Section 20, Township 46 South, Range 43 East. (PCN: 12-43-46-20-01-018-0010) o//-oQ/o I0.00 oc CENTER 88. C0. PREMISES · '1:_. ~ I i ~mad to Catherine Strong Center /8-2. IO.OOa¢ 79-0030 / one ~ltui~ ~o~s I$l,O~O,OO~.OUl- COUNTY DEED PREPARED BY: R94 17620 &RTl(UR ~(LENBERG PROPERTY & REAL ESTATE M~AGEMENT 3323 BELVEDERE ROAD, BLDG. S03 WEST PALH flEACH, FLORIDA 3340g COUNTY DEED OfC 0 G ,, 1994, by TI{Ia DEED, made this .... day of PAW BEACH COUNTY, a political subdivision of the State of Flo=ida, party of the first part, and CITY OF OELRAY BEACH, FLORZDA, a municipal corporation, party of the second part, whose post office address is 100 'r.w. 1st Avenue, OeLray Beach, Florida 5]444, W Z T N E S S E T H: That said party of the first part, for and in consideration of the sum of Ten Dollars ($lO.O0) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his heirs and assigns forever, that following described real property situate in Palm Beach County, Florida: The West 1/2 of Lot 18, 8motion 20, Township 4~ South, Range 43 East, Palm Beach County, Florida. This Deed is made upon the express conditio~ that said real property shall be used solely and eKclusively for public park and recreational purposes, or other public purposes, and that in the event said ~roperty is used for any other purposes it shall automatically revert to the party of the first part. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice-Chair of said Board, the day and year aforesaid. ATTEST: DOROTHY H. WILKEN, Cler~ PALM 8EACH COUNTY, FLORIDA, BY By: ~"/ U Chair Deputy Ged, AND LEGAL SU~F~ENCY .~O1 COUNTY Exhibit C MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~lT~['-'xl AGENDA ITEM # Ic'-4 -~ - REGULAR MEETING OF DECEMBER 107 2002 ORDINANCE NO. 60-02 (EMERGENCY MEDICAL TRANSPORTATION FEES) DECEMBER 6, 2002 This ordinance is before Commission for first reading to amend Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. The following service changes or fees are levied for the provision of emergency transportation: Advanced Life Support (ALS-l) Transport fee $375.00 (2) Advanced Life Support (ALS-2) $4z01~ $475.00 Transport fee O) Skilled Care Transport fee $520.00 (4) Basic Life Support (BLS) Transportation fee .ann nn $325.00 (5) Mileage fee AH of the city emergency transport vehicles are Advanced Life Support units; therefore the Basic Life Support Transportation fee was never used. This ordinance shah become effective as of January 1, 2003. Recommend approval of Ordinance No. 60-02 on first reading. If passed, a public hearing will be scheduled for January 7, 2003. S:\City Clerk\chevelle folder\agenda memos\Ord 60-02.12-10-02 ORDINANCE NO. 60-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, AMENDING CHAFFER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5- 95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation fees; and WHEREAS, in accordance with the implementation of the National Ambulance Fee Schedule a new fee schedule is hereby established; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide IX, "General Regulations", Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: The following senrice charges or fees are levied for the provision of emergency medical transportation: (1) Advanced Life Support (ALS-I) Transport fee ~::n nn $375.00 (2) Advanced Life Support (ALS-2) .~A. ov.w~ an $475.00 Transport fee O) Skilled Care Transport fee $520.00 O) Basic Life Support (BLS) Transportation fee ~ann nn $325.00 (5) Mileage fee ,.~'*, .,--.,an/--:,~_~.. $7.50/mile Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective as of January 1, 2003. the PASSED AND ADOPTED in regul-r session on second and final reading on this __ day of ., 2003. ATTEST: MAYOR First Reading Second Reading £1T¥ (IF DELRR¥ BER£H FIRE DEPARTMENT DELRAY BEACH ~lI.Ameica Ci~ 1993 MEMORANDUM SERVING DELRAY BEACH · GULFSTREAM HIGHLAND BEACH TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Kerry B. Koen, Fire Chief December 4, 2002 E.M.S. Transport Fees Emergency medical service transport fees covered by re-imbursement through Medicare are being "standardized" on a National basis. Total implementation of a National Ambulance Service Fee Schedule will be completed within the next four years. Accordingly, agencies, similar to ours, are adjusting fees annually to be more in line with the anticipated approved rates as we move toward final implementation. The attached recommended rate adjustments are part of that process. As you will recall, we made the first such adjustment last year. In recommending these changes, we considered and evaluated the rates charged by both public and private providers in the immediate area. We request that this item be placed on the December 10, 2002 Agenda with an effective date of January 1, 2003, if approved by the City Commission. Fire Chief FIRE DEPARTMENT HEADQUARTERS o 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561)243-7461 Pnnted on Recycled Paper Skilled BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage AO429 A0427 A0433 A0434 Boynton Beach $260.00 $305.00 $445.00 $525.00 $5.50 Boca Raton $435.00 $425.00 $550.00 $570.00 $7.75 Palm Beach Co. $300.00 $340.00 $450.00 NA $7.50 Deerfield Beach $400.00 $480.00 NA $7.00 American Med. Res. $360.00 $420.00 $440.00 $7.70 AVERAGE $331.66 $366.00 $469.00 $511.66 $7.09 Current Fees IDelra¥ Beach $300.00 $330.00 $450.00 $520.00 $7.001 Recommended Fees IDelra¥ Beach $325.00 $375.00 $475.00 $520.00 $7.501 Change + $25.00 + $45.00 + $25.00 $0.00 + $0.50 Percentage change 8.30% 13.60% 5.50% 0.00% 7.10% £1TY aF UELlll3Y BEI:I£H CITY ATTORNEY'S OFFICE ~oo $~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7091 MEMORANDUM December 4, 2002 City Commission Susan A. Ruby, City Attorney Police/Firefighter Pension Plan Revisions Attached are revisions to the Police/Firefighter Pension Plan. Also attached is a memorandum summarizing these changes. By copy of this memorandum to David Harden, City Manager, we are requesting that these ordinances be placed on the December 10, 2002 City Commission agenda. If you have any questions, please feel free to contact me. SAR: Attachments cc: David Harden, City Manager Barbara Garito, City Clerk LONGMAN &WALKER, pA. ATTORNEYS AT LAW Helping Shape Florida's Future® REPLY TO: TALLAHASSEE Eric Ash Kristin Bennett W. O. Birchfield Jody Lane Brooks William G. Capko Beth Ann Carlson Miehelle Diffenderfer Robert P. Diffenderfer Kenneth W. Dodge Amy M. Dukes Brenna Malouf Durden [,aura ,Jacobs Feagin Roslynn M. Ferguson Wayne E. Flowers John W. Forehand Walter E. Fore~and Melissa Gross-Arnold Kewn S. Hennessy R. Steven Lewis Terry Eo Lewis .lames W. Linn Anne Longman G. Stephen Manning David E. Ramba Kenneth G. Spillias Edwin A. Steinmeyer Glenn E. Thomas Stephen A. Walker www.llw-law.com Jacksonville Office 9428 Baymeadows Road Suite 625 Jacksonville, Florida 32256 (904) 73%2020 Fax: (904) 737-3221 Tallahassee Office Post Office Box 10788 (3*.302) 125 South Gadsden Street Suite $00 Tallahassee, Florida $230 I (850) 222-5702 Fax: (850) 224-9242 West Pahn Beach Office 1700 Palm Beach Lakes Boulevard, Suite 1000 West Pahn Beach. Florida 33401 (56 I) 640-0820 Fax: (561) 640-8202 MEMORANDUM TO: Susan Ruby, City Attorney City of Delray Beach FROM: James W. Linn DATE: November 21, 2002 Ordinances Amending the Police Officers' and Firefighters' Retirement Plan This memo summarizes the attached ordinances amending the Police Officers' and Firefighters' Retirement Plan. 1. Credit for Prior Service in the U.S. Military or as a Police Officer or Firefighter--This ordinance allows a member of the police/fire plan who has at least five years of continuous service based on City employment and who has not entered the DROP to purchase up to three additional years of credited service, in years and tenths of a year, for a like period of previous active military service or full-time employment as a police officer or firefighter with another employer. The member would have to pay the full actuarial cost of such service and the cost of any required actuarial calculations. No service credit would be allowed if the participant will receive any other retirement benefit based on the prior service. Payment for the prior military or police/fire service could be made at any time, but must be made before retirement or entry into the DROP. Payment could be made in a lump sum, by a direct transfer or rollover fi.om a section 403(b) or 457 plan, or through installment payments deducted from the employees' pay over a maximum period of five years. The ordinance also amends section 33.70 to incorporate recent changes in federal law concerning rollovers, and provide for the purchase of service credit under the plan using transfer and rollovers fi.om other retirement plans. 2. Credit for Prior Service as a General Employee--Provides that service as a City general employee prior to employment as a police officer or firefighter will be credited under the Police/Fire Pension Plan for purposes of vesting and determining eligibility for normal retirement only (these are the only purposes allowed by the Division of Retirement). Also provides for coordination of pension benefits for members of the Police/Fire Pension Plan November 21, 2002 Page 2 who become eligible for normal retirement benefits under that plan, and have prior se~ice as a general employee of the City. Such member's retirement benefit would consist of two parts: (1) a benefit calculated in accordance with the police/fire plan but based on service under the general employees' pension plan, provided the member will not receive a benefit from the general plan, and further provided that the full actuarial cost of this benefit is funded by a transfer of an amount equal to the full actuarial value of the member's benefit under the general plan, and if additional payment is necessary, by payment from the member; and (2) the member's benefit determined in accordance with the Police/Fire Pension Plan. The member's payment could be made in a lump sum, by a direct transfer or rollover from a section 403(b) or 457 plan, or through installment payments deducted from the employees' pay over a maximum period of five years. The ordinance also amends section 33.70 to incorporate recent changes in federal law concerning rollovers, and provide for the purchase of service credit under the plan using transfer and rollovers from other retirement plans. Please call me if you have any questions concerning the attached ordinances. JWL/es Attacbaiaents ORDINANCE NO. 59-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", REVISING THE DEFINITION OF "CONTINUOUS SERVICE" FOR CERTAIN PURPOSES TO INLCUDE PREVIOUS SERVICE AS A GENERAL EMPLOYEE; CREATING A NEW SECTION 33.71, "COORDINATION OF RETIREMENT BENEFITS", PROVIDING FOR COORDINATION OF BENEFITS FOR MEMBERS WHO HAVE PREVIOUS SERVICE AS A GENERAL EMPLOYEE; AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELEIGIBLE ROLLOVER CONTRIBUTIONS", TO PROVIDE FOR ROLLOVERS OR TRANSFERS INTO THE FUND FOR THE PURCHASE OF CONTINUOUS SERVICE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTiVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.60, "Definitions", to read as follows: Section 33.60 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "ACTUARIAL EQUIVALENCE" or "ACTUARIALLY EQUIVALENT". This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using 7% interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five years in the case of disability retirees. "AGREEMENT". The written instrument setting forth the provisions of the retirement system. "AVERAGE MONTHLY EARNINGS". One thirty-sixth of the arithmetical average for the highest consecutive 36-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive 24-month period, as calculated prior to the effective date of this ordinance. "BENEFICIARY." The person entitled to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board of Trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. "BOARD." The Board of Trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. "CONTINUOUS SERVICE." (1) Uninterrupted service by a member (expressed as years and completed months) fi:om the date he last entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. (b) Any service, whether voluntary or involuntary, in the armed forces of the United States, provided the member is legally entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and any amendments thereto, or any law 2 ORD. NO. 59-02 applicable to such reemployment, and provided that a member shall apply for reemployment within three months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Act of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the plan. (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions to the Trust Fund, where the reemployed member repays into the Fund the contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within 90 days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the 90-day limit. (4) Continuous service shall also include, for purposes of vesting and determining eligibility for normal retirement only, the years and completed months of a member's full-time employment with the City in a position not eligible for membership in this plan, prior to the member's employment as a police officer or firefighter. Such service shall not be considered in determining the amount of a member's benefits under this plan. "EARNINGS." Basic wages paid to a member, excluding overtime, bonuses and any other non-regular payments. "EFFECTIVE DATE." April 22, 1974. "EMPLOYEE." All employees of the City classified as full-time sworn police officers, as defined on the effective date in F.S. Sec. 185.02, or classified as police officers in training, or classified as volunteer or regular full-time firefighters, as defined on the effective date in F.S. Sec. 175.032, but shall exclude all civilian members of the Police and Fire Departments, and the Police Chief and Fire Chief upon their written election not to participate in the system. "FUND." The Trust Fund established herein as part of the system. "MEMBER." An employee who fulfills the prescribed participation requirements. 3 ORD. NO. 59-02 "SPOUSE." The lawful wife or husband of a member at time of retirement and death. "SYSTEM." The City Police and Firefighters Retirement System as contained herein and all amendments thereto. Section 2. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by creating a new Section 33.71, "Coordination of Benefits", to read as follows: Section 33.71 COORDINATION OF RETIREMENT BENEFITS. (A) In the event a member of this plan who was employed by the City in a position covered by the City of Delray Beach General Employees' Retirement Plan prior to the member's employment as a police officer or firefighter, becomes eligible for normal retirement benefits under this plan, the member's benefit shall consist of the sum of the following benefits: (1) The member's benefit determined in accordance with Section 33.62 (A), but based on the member's credited service under the City of Delray Beach General Employees' Retirement Plan; provided the member has not and will not receive a benefit from the General Employees' Retirement Fund; and further provided that the full actuarial cost of the such benefit is paid by a transfer of an amount equal to the full actuarial value of such member's accrued benefit under the General Employees' Retirement Fund, but without regard to the member's vested percentage under said Fund, from the General Employees' Retirement Fund to the City Police and Firefighters Retirement System Trust Fund, and if additional payment is necessary, by payment from the member in accordance with subsection (B), below. (2) The member's benefit determined in accordance with Section 33.62 {A), based on the member's continuous service under this Plan. (B) A member may purchase continuous service under the plan, in years and tenths of a year, for all or a portion of the period of their full-time employment by the CiW in a position covered by the City of Delray Beach General Employees' Retirement Plan prior to the member's employment as a police officer or firefighter, by paying into the plan the full actuarial cost of such service, as determined by the plan actuary. Such payment must be made in full prior to entering the DROP or separation from City employment, whichever occurs earlier, and in the event full payment is not made prior to such date, the member shall receive only the amount of credited service, as determined by the actuary_, for which the payment made, excluding interest, is the full actuarial cost. A member purchasing such additional service must pay the full cost of any actuarial calculations required. Payment for the purchase of continuous service pursuant to this paragraph may be made using any one or a combination of the following options: Cash lump sum payment. 4 ORD. NO. 59-02 (2) (3) _ . Direct transfer or rollover of an eligible rollover distribution fi.om a qualified plan, in accordance with Sec. 33.70. · . Time payment plan. Under this option the member may elect to pay any remaining balance due for the purchase of credited service through payroll deduction on a time payment plan over a period of not more than five (5) years, as approved by the Retirement Committee. Interest on such payments shall be paid based on the assumed rate of return of the plan. Payments deducted fi.om an employee's pay shall be designated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code. Section 3. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.70, "Direct Transfers of Eligible Rollover Contributions", to read as follows: Section 33.70 DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS (A) General. This section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (B) Definitions. (1) Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. (2) Eligible retirement plan. An eligible retirement plan is an individual retirement account described in section 408(a) of the Internal Revenue Code, an individual retirement annuity described in section 408(b) of the Intemal Revenue Code, an annuity plan described in section 403(a) of the Internal Revenue Code, oi: a qualified trust described in section 401(a) of the Internal Revenue Code, an eligible deferred compensation plan described in section 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in section 403(b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. 5 ORD. NO. 59-02 (3) Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. (4) Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. (C) Rollovers or Transfers into the Fund. On or after the effective date of this ordinance, the fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of continuous service as authorized under the plan, as follows: the fund will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in section 403(a) of the Internal Revenue Code, from an annuity contract described in section 403(b) of the Internal Revenue Code, or from an eligible plan under section 457(b) of the Internal Revenue Code, which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. Section 4 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5 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 operate to invalidate the remainder hereof. Section 6 That this ordinance shall become effective immediately upon its passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this day of ,2002. ATTEST: MAYOR City Clerk First Reading. Second Reading 6 ORD. NO. 59-02 ORDINANCE NO. 58-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDENG CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", REVISING THE DEFINITION OF "CONTINUOUS SERVICE" TO PERMIT A FIREFIGHTER WITH AT LEAST FIVE YEARS OF CONTINUOUS SERVICE TO PURCHASE UP TO THREE ADDITIONAL YEARS OF SERVICE FOR PRIOR EMPLOYMENT AS A POLICE OFFICER OR FIREFIGHTER; AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER CONTRIBUTIONS", TO PROVIDE FOR ROLLOVERS OR TRANSFERS INTO THE FUND FOR THE PURCHASE OF CONTINUOUS SERVICE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.60, "Definitions", to read as follows: Section 33.60 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "ACTUARIAL EQUIVALENCE" or "ACTUARIALLY EQUIVALENT". This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using 7% interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five years in the case of disability retirees. "AGREEMENT". The written instrument setting forth the provisions of the retirement system. "AVERAGE MONTHLY EARNINGS". One thirty-sixth of the arithmetical average for the highest consecutive 36-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive 24-month period, as calculated prior to the effective date of this ordinance. "BENEFICIARY." The person entitled to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board of Trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. "BOARD." The Board of Trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. "CONTINUOUS SERVICE." (1) Uninterrupted service by a member (expressed as years and completed months) from the date he last entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. (b) Any service, whether voluntary or involuntary, in the armed forces of the United States, provided the member is legally entitled to reemployment under the provisions of the Uniformed Services Employment and 2 ORD. NO. 58-02 Reemployment Rights Act of 1994 and any amendments thereto, or any law applicable to such reemployment, and provided that a member shall apply for reemployment within three months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Act of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the plan. (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions to the Trust Fund, where the reemployed member repays into the Fund the contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within 90 days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the 90-day limit. (4) For members initially employed by the Ci_ty on or after the effective date of this ordinance who have five (5) or more years of continuous service based on City employment, continuous service shall also include up to three (3~ years of active service in the U.S. armed forces or full-time employment as a police officer or firefighter with another governmental entity prior to employment by the City, purchased by the member in accordance with this paragraph; provided the member has not received and will not receive a benefit from another retirement plan based on such prior employment. Such a member may purchase continuous service under the plan, in years and tenths of a year, for all or a portion of the period of their active service in the U.S. armed forces or full-time employment as a police officer or firefighter with another governmental entity prior to employment by the City, by paying into the plan the full actuarial cost of such continuous service, as determined by the plan actuary_. Such payment may be made at any time after employment by the City, and must be made in full prior to entering the DROP or separation from Ci_ty employment, whichever occurs earlier. In the event full payment is not made prior to such date, the member shall receive only the amount of continuous service, as determined by the actuary, for which the pawnent made, excluding interest, is the full actuarial cost. In the event a member makes payment for additional continuous service in accordance with this paragraph prior to attaining five years of continuous service based on City employment, and separates fi.om City employment before attaining five years of continuous service based on City employment, such member shall receive a full retired of all payments made, plus interest based on the assumed rate of return of the plan. A member purchasing such additional continuous service must pay the 3 ORD. NO. 58-02 full cost of any actuarial calculations required. Payment for the purchase of continuous service pursuant to this paragraph may be made using any one or a combination of the following options: Cash lump sum payment. Direct transfer or rollover of an eligible rollover distribution fi:om a qualified plan, in accordance with Sec. 33.70. Time payment plan. Under this option the member may elect to pay any remaining balance due for the purchase of continuous service through pa~oll deduction on a time payment plan over a period of not more than five (5) years, as approved by the Retirement Committee. Interest on such payments shall be paid based on the assumed rate of return of the plan. Payments deducted fi:om an employee's pay shall be designated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code. "EARNINGS." Basic wages paid to a member, excluding overtime, bonuses and any other non-regular payments. "EFFECTIVE DATE." April 22, 1974. "EMPLOYEE." All employees of the City classified as full-time sworn police officers, as defined on the effective date in F.S. Sec. 185.02, or classified as police officers in training, or classified as volunteer or regular full-time firefighters, as defined on the effective date in F.S. Sec. 175.032, but shall exclude all civilian members of the Police and Fire Departments, and the Police Chief and Fire Chief upon their written election not to participate in the system. "FUND." The Trust Fund established herein as part of the system. "MEMBER." An employee who fulfills the prescribed participation requirements. "SPOUSE." The lawful wife or husband of a member at time of retirement and death. "SYSTEM." The City Police and Firefighters Retirement System as contained herein and all amendments thereto. Section 2 That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by 4 ORD. NO. 58-02 amending Section 33.70, "Direct Transfers of Eligible Rollover Contributions", to read as follows: Section 33.70 DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS (A) General. This section applies to distributions made on or alter January 1, 1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (B) Definitions. (1) Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. (2) Eligible retirement plan. An eligible retirement plan is an individual retirement account described in section 408(a) of the Internal Revenue Code, an individual retirement annuity described in section 408(b) of the Internal Revenue Code, an annuity plan described in section 403(a) of the Internal Revenue Code, m: a qualified trust described in section 401(a) of the Internal Revenue Code, an eligible deferred compensation plan described in section 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in section 403(b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. (3) Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. (4) Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. (C) Rollovers or Transfers into the Fund. On or after the effective date of this ordinance, the fund will accept member rollover cash contributions and/or direct cash rollovers 5 ORD. NO. 58-02 of distributions for the purchase of continuous service as authorized under the plan, as follows: the fund will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in section 403(a) of the Internal Revenue Code, from an annuity contract described in section 403(b) of the Internal Revenue Code, or from an eligible plan under section 457(b) of the Internal Revenue Code, which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. Section 3 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4 That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. Section 5 That this ordinance shall become effective immediately upon its passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this day of ., 2002. MAYOR ATTEST: City Clerk First Reading Second Reading 6 ORD. NO. 58-02 £1T¥ UF DELRI:I¥ BEI:I£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: December 4, 2002 MEMORANDUM Wdter's Direct Line: 561/243-7091 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: General Employees' Pension Plan Revisions Attached are revisions to the General Employees' Pension Plan. Also attached is a memorandum summarizing these changes. By copy of this memorandum to David Harden, City Manager, we are requesting that these ordinances be placed on the December 10, 2002 City Commission agenda. If you have any questions, please feel free to contact me. SAR:j~ Attachments CC: David Harden, City Manager Barbara Garito, City Clerk LEWIS, LONGMAN WALKER, P.A. ATTORNEYS AT LAW Helping Shape Florida's Future® REPLY To: TALLAHASSEE Eric Ash Kristin Bennett W. O. Birchfield Jody Lane Brooks William G. Capko Beth Ann Carlson Michelle Diffenderfer Robert P. Diffenderfer Kenneth W. Dodge Amy M. Dukes Brenna Malouf Durden Laura Jacobs Feagin Roslynn M. Ferguson Wayne E. Flowers John ~,'v'. For%hand Walter E. Forehand Melissa Gross-Arnold Kevin S. Hennessy R. Steven Lewis Terry E. Lewis James W. Linn Anne Longman G. Stephen Manning David E. Ramba Kenneth G. Spillias Edwin A. Steinmeycr Glenn E. Thomas Stephen A. Walker www.llw-law.com Jac~onville Office 9428 Baymeadows Road Suite 625 Jackson¥ille, Flnrida 32256 (904) 737-2020 Fax: (904) 737-3221 Tallahassee Office Post Office Box 10788 {32302) 125 South Gadsden Street Suite 300 l'ailahassec, Florida 32301 (850} 222-5702 Fax: (850) 224-9242 ~'est Palm Beach Office 1700 Palm Beach Lakes Boulevard, Suite 1000 West Pahn Beach, Florida 33401 (561) 640-0820 Fax: (561) 640-8202 MEMORANDUM TO: Susan Ruby, City Attorney City of Delray Beach FROM: James W. Linn DATE: November 21, 2002 Ordinances Amending the General Employees' Retirement Plan This memo summarizes the attached draft ordinances amending the General Employees' Retirement Plan. 1. Purchase of Prior Government Service Under the General Pension Plan--Tkis ordinance creates a new Section 35.094 which would allow a participant in the General Employees' Retirement Plan who has at least five years of credited service based on City employment and who has not entered the DROP to purchase up to three additional years of credited service, in years and tenths of a year, for a like period of previous full-time employment with a federal, state or local government agency (other than the City of Delray Beach). The participant would have to pay the full actuarial cost of such credited service and the cost of any required actuarial calculations. No service credit would be allowed if the participant will receive any other retirement benefit based on the prior government service. Payment for the credited service could be made in a lump sum, by a direct transfer or rollover from a section 403(b) or 457 plan, or through installment payments deducted from the employees' pay over a maximum period of five years. 2. Participation in General Pension Plan of Previously Excluded Persons--Amends the General Employees' Retirement Plan to allow certain employees who were previously excluded from the plan to participate in the plan by making a written election to do so. The affected employees are the city manager (and assistants), city attorney (and assistants), and department heads who previously elected not to participate in the plan. An employee who wants to participate in the plan would have to submit a written election within 90 days following adoption of the ordinance, or within 90 days following their date of employment in one of these positions, whichever is later. The written election to participate in the plan is irrevocable. Any employee who does not November 21, 2002 Page 2 submit a timely written election to participate in the plan shall not participate in the plan for as long as he or she is employed by the City in one of the identified positions. The ordinance also allows previously excluded employees who join the plan to buy credited service under the plan, in years and tenths of a year, for some or all of their previous City employment. Employees choosing this option will be required to pay the full actuarial cost of the credited service and the cost of any required actuarial calculations. Payment could be made in a lump sum, by a direct transfer or rollover from a section 403(b) or 457 plan, or through installment payments deducted from the employees' pay over a maximum period of five years. Please call me if you have any questions concerning the attached ordinances. JWL/es Attachments ORDINANCE NO. 56-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION C, "CREDITED SERVICE", OF SECTION 35.089, "DEFINITIONS", AND CREATING A NEW SECTION 35.0934 TO ALLOW PARTICIPANTS WITH AT LEAST FIVE YEARS OF CREDITED SERVICE TO PURCHASE UP TO THREE YEARS OF CREDITED SERVICE BASED ON PRIOR GOVERNMENTAL SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending subsection (C), "Credited Service", of Section 35.089, "Definitions", to read as follows: Section 35.089 DEFINITIONS. (C) "Credited service" means the period of continuous City employment from the employee's most recent date of hire to the date of termination of City employment up to a maximum of thirty (30) years, except as otherwise provided in Sec. 35.093 or Sec. 35.094 of this subchapter, and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time to time. Credited service shall include all periods of paid leave, and unpaid leave up to and including thirty (30) days in any calendar year. Unpaid leave in excess of thirty (30) days in any calendar year shall be excluded from credited service, except as otherwise required by the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time to time. Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by creating a new Section 35.094, "Purchase of Additional Credited Service", to read as follows: Section 35.094 PURCHASE OF ADDITIONOAL CREDITED SERVICE FOR PRIOR MILITARY OR GOVERNMENT EMPLOYMENT. A participant with at least five (5) years of credited service based on City employment who has not entered the DROP may purchase up to three (3) additional years of credited service, in full years and tenths of a year, at any time before retirement for a like period of previous full- time emplo_wnent with the federal government, including military_ service, or any state, county, or ci_ty government other than the City of Delray Beach; provided the participant has paid into the plan the full actuarial cost of such credited service as determined by the plan actuary_. A participant purchasing such additional credited service must pay the full cost of any actuarial calculations required, and must provide proof of the prior government employment to the City. No additional service credit will be allowed if the participant is receiving or will receive any other retirement benefit based on the prior government service. Payment for the purchase of credited service for prior government employment pursuant to this section must be made in full prior to entering the DROP or separation from City employment, whichever occurs earlier. In the event full payment is not made prior to such date, the member shall receive only the amount of credited service, as determined by the actuary, for which the payment made, excluding interest, is the full actuarial cost. Payment for the purchase of credited service pursuant to this subsection may be made using any one or a combination of the following options: Cash lump sum payment. Direct transfer or rollover of an eligible rollover distribution from a qualified plan, in accordance with Sec. 35.097(L). Time payment plan. Under this option the member may elect to pay any remaining balance due for the purchase of credited service through payroll deduction on a time payment plan over a period of not more than five (5) years, as approved by the Retirement Committee. Interest on such payments shall be paid based on the assumed rate of return of the plan, and the credited service purchased shall not be credited until all installments are paid. Payments deducted from an employee's pay shall be designated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code. Section 3. That all ordinances or parts of ordihances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to employees who are covered by a collective bargaining agreement. This ordinance shall become effective as to the excluded employees 2 ORD. NO. 56-02 immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. the PASSED AND ADOPTED in regular session on second and final reading on this day of ., 2002. MAYOR ATTEST: City Clerk First Reading Second Reading 3 ORD. NO. 56-02 ORDINANCE NO. 57-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS", REVISING THE DEFINITION OF "EMPLOYEE" TO INCLUDE CERTAIN PREVIOUSLY EXCLUDED POSITIONS; AMENDING SECTION 35.093, "CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN", TO PROVIDE FOR CERTAIN PREVIOUSLY EXCLUDED EMPLOYEES TO PURCHASE CREDITED SERVICE UNDER THE PLAN; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUBSECTION (L), "DII~ECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS", TO ALLOW PARTICIPANTS WHO WERE PREVIOUSLY EXCLUDED FROM PARTICIPATION IN THE PLAN TO MAKE A DIRECT TRANSFER OF ELIGIBLE ROLLOVER DISTRIBUTIONS TO PURCHASE CREDITED SERVICE UNDER THE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend the General Employees' Retirement Plan to allow certain employees who were previously excluded from the Plan to participate in the Plan and purchase credited service under the plan for the period of their employment with the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Dekay Beach is hereby amended by amending Section 35.089, "DEFINITIONS", to read as follows: Section 35.089 DEFINITIONS. (A) "Actuarial (actuariall¥) equivalence (equivalent)" means equality in value of the aggregate amounts expected to be received under different forms of payment. Actuarial equivalent amounts under the plan will be determined utilizing the 1983 Group Annuity Mortality Table, blended for males and females, with interest at seven percent (7%), where the participant's age shall be set back one year and the beneficiary's age shall be set back four years regardless of gender. However, in the event of plan termination, actuarial equivalence will be based upon the interest and mortality assumptions prescribed by the Pension Benefit Guaranty Corporation for plan terminations in effect on the actual date of plan termination. (B) "Basic compensation" means the compensation actually paid to a participant by the City, including participant contributions picked up by the City in accordance with Sec. 35.095(A)(1) of this subchapter, and exclusive of overtime pay, commissions, bonuses, expense allowances, and all other extraordinary compensation. (C) "Credited service" means the period of continuous City employment from the employee's most recent date of hire to the date of termination of City employment up to a maximum of thirty (30) years, except as otherwise provided in Sec. 35.093 of this subchapter, and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time to time. Credited service shall include all periods of paid leave, and unpaid leave up to and including thirty (30) days in any calendar year. Unpaid leave in excess of thirty (30) days in any calendar year shall be excluded from credited service, except as otherwise required by the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time to time. (D) "Employee" means any regular full-time employee of the City, except as otherwise provided herein. (1_) The term "employee" shall not include: City Commissioners; the City Manager (and assistants); the City Attorney (and assistants); department heads upon their written election not to participate in the plan; former department heads who have elected not to participate in the plan; any person not classified by the City as a regular, full-time employee; any participant who retires and receives early or normal retirement benefits under the plan, is subsequently re-employed by the City, and elects to continue receiving retirement income during the period of employment pursuant to Sec. 35.090(E) of this subchapter; and firefighters and police officers employed by the City who participate in another retirement plan. ~l Effective upon the adoption of this ordinance, the term "employee" shall include the City Manager (and assistants) upon their written election to participate in the plan; the City Attorney (and assistants) upon their written election to participate in the plan; and department heads who previously elected not to participate in the plan, upon their written election to participate in the plan. An employee's written election to participate in the plan pursuant to this paragraph must be submitted to the Retirement Committee within ninety days following adoption of this ordinance or date of employment in a position identified in this paragraph, whichever is later. Such written election shall be irrevocable. Any such employee 2 ORD. NO. 57-02 who does not submit a timely written election to participate in the plan pursuant to this paragraph shall not participate in the plan for as long as he or she is employed by the City in a position identified in this paragraph. (E) "Employment" means regular, full-time employment as a City employee. (F) "Final monthly compensation" means the total basic compensation received by a participant during the highest paid twenty-four (24) consecutive months of the one hundred twenty (120) months immediately preceding the termination of employment, divided by twenty- four (24). In computing final monthly compensation for a participant who has returned to active city employment following an approved leave of absence, disability retirement or termination of employment with a vested benefit, the period of leave of absence, disability retirement, or following termination of employment shall be ignored in determining the highest paid 24 consecutive months of the 120 months immediately preceding the subsequent termination of employment. (G) "Normal retirement date" is the first day of the month coincident with or next following the date a participant attains the age of 60 and completes ten years of credited service, or the date on which a participant attains thirty (30) years of credited service, regardless of age, whichever occurs first. A participant may continue in the employ of the city and continue to participate in the plan beyond the normal retirement date. (H) "Participant" means an employee who is eligible to participate and who actually participates in the plan. (I) "Retirement" means either termination of City employment with immediate entitlement to receive normal, early or disability retirement income under the plan, or entry into the Deferred Retirement Option Plan ("DROP") with immediate entitlement to receive normal retirement income from the General Employees Retirement Plan to the DROP. (J) "Spouse" means the lawful husband or wife of an employee at the time of the employee's retirement or death, whichever is applicable. (K) "Terminated Participant" means a plan participant with at least five (5) years of credited service whose City employment is terminated for any reason other than death, early retirement or disability retirement prior to the normal retirement date. Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.093, "CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN", to read as follows: 3 ORD. NO. 57-02 Section 35.093 CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN. (A) Former plan participants who have not begun to receive benefits under the plan and who are re-employed by the city as eligible employees will be considered new employees with credited service for all purposes calculated as such unless the former participants elect to pay back to the plan the amount of any previous distribution received from the plan plus interest. The amount of interest required will be calculated based upon a seven percent (7%) per annum rate for the period from date of original distribution to the date of repayment. Former plan participants who elect to repay this amount will be granted the credited service awarded prior to their previous termination of service. (B) Current employees, or employees who left the employ of the city on or after January 1, 1984, who participated in the plan and who were excluded from further participation in the plan during employment due to being over the then-existing maximum age provisions, but who never received retirement income or withdrawal of participant contributions from the plan, shall have credited service for purposes of benefit calculation equal to the period of participation before exclusion plus one year, plus whatever time they elect to buy back under divisions (C) and (D) of this section, plus the time after September 25, 1984, during which they contributed to, and participated in the plan. If an employee who was excluded fi.om further participation in the plan received retirement income or a withdrawal of participant contributions, then credited service for purposes of benefit calculation shall be equal to the number of years the employee elects to buy back under divisions (C) and (D) of this section, plus one year, plus the time after September 25, 1984, during which the employee contributed to and participated in the plan. Employees in this category may buy back both those years for which they have received a withdrawal of participant contributions and the years during which they were excluded from the plan. In no event shall this credited service calculation exceed the total number of years of full-time employment with the city. (C) (1) Eligible employees who had previously been excluded fi.om plan participation due to being over the then-existing maximum allowable age for participation at hire, or were excluded from the plan due to being over the then-existing maximum age at any time during their employment with the city, will have their credited service calculated in accordance with division (B) of this section. Eligible employees who wish to buy back any time they were excluded from the plan shall be required to make payment in accordance with division (D), which payment shall be equal to an amount which represents the employee contributions they would have made to the plan had they always participated, plus interest. The amount of interest required will be calculated based upon a seven percent (7%) per annum rate for the period fi.om which the money would otherwise have been paid into the plan to the date of repayment. Those employees who elect to make this payment will be granted credited service for purposes of benefit calculation in accordance with division (B). Employees will be required to buy back the most recent years first. All new participants will receive credited service for the purpose of determining their normal retirement date whether or not the optional payment is made. 4 ORD. NO. 57-02 (2) The repayment provisions of division (C)(1) shall also be available to former employees who retired from the city on or after January 1, 1984, and who were excluded from the plan due to being over the then-existing maximum age, thereby being prevented from accruing ten years of credited service. (D) The repayment of a previous distribution plus interest under division (A) of this section or the payment of employee contributions plus interest under division (C) of this section will be payable in a lump sum within ninety (90) days after reemployment or on or before July 1, 1985, whichever is later. However, persons who are employees of the city as of January 16, 1985, at 5:01 p.m. may elect to pay the amount required in installments. If this option is used, $1,000 will be due on or before April 15, 1985, with subsequent payments of the lesser of $1,000 or the balance due payable every three months after the initial payment. If any type of benefit payment under the plan begins prior to the full payment of employee contributions or a previous distribution plus interest, the outstanding balance will be deducted from the benefit payments as they become due. The Retirement Committee shall have the authority to waive the repayment deadlines set forth herein, upon a finding by the Retirement Committee of extenuating circumstances upon individual request which shall be submitted not later than nine (9) months following the expiration of the applicable deadline. (E) Employees who were previously excluded fi:om the plan who elect to participate in the plan pursuant to Sec. 35.089(D)(2) shall earn credited service fi:om the date of their election to participate in the plan. Such employees may also purchase credited service under the plan, in years and tenths of a year, for all or a portion of the period of their prior emplo_wnent with the City, by paying into the plan the full actuarial cost of such credited service, as determined by the plan actuary_. Such payment must be made in full prior to entering the DROP or separation from City employment, whichever occurs earlier, and in the event full payment is not made prior to such date, the member shall receive only the amount of credited service, as determined by the actuary_, for which the payment made, excluding interest, is the full actuarial cost. A participant purchasing such additional credited service must pay the full cost of any actuarial calculations required. Payment for the purchase of credited service pursuant to this subsection may be made using any one or a combination of the following options: Cash lump sum payment. Direct transfer or rollover of an eligible rollover distribution from a qualified plan, in accordance with Sec. 35.097(L). Time payment plan. Under this option the member may elect to pay any remaining balance due for the purchase of credited service through payroll deduction on a time payment plan over a period of not more than five (5) years, as approved by the Retirement Committee. Interest on such payments shall be paid based on the assumed rate of return of the plan. Payments deducted from an employee's pay shall be designated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code. 5 ORD. NO. 57-02 Section 3. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", subsection (L), "Direct Transfers of Eligible Rollover Contributions", to read as follows: Section 35.097 RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT. (L) Direct Transfers of Eligible Rollover Contributions. (1) General. This section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (2) Definitions. (a) Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. (b) Eligible retirement plan. An eligible retirement plan is an individual retirement account described in section 408(a) of the Internal Revenue Code, an individual retirement annuity described in section 408(b) of the Intemal Revenue Code (other than an endowment contract), and annuity plan described in section 403(a) of the Internal Revenue Code, a qualified trust described in section 401(a) of the Internal Revenue Code, an eligible deferred compensation plan described in section 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in section 403(b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. (c) Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. 6 ORD. NO. 57-02 (d) Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. (3) Rollovers or Transfers into the Fund. On or after the effective date of this ordinance, the fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of credited service pursuant to Sec. 35.093(E), as follows: the plan will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in section 403(a) of the Internal Revenue Code, from an annuity contract described in section 403(b) of the Internal Revenue Code, or fi'om an eligible plan under section 457(b) of the Internal Revenue Code, which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 operate to invalidate the remainder hereof. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of ., 2002. MAYOR ATTEST: City Clerk First Reading Second Reading 7 ORD. NO. 57-02