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11-19-13 Regular Meeting
City of Delray Beach Regular Commission Meeting Tuesday, November 19, 2013 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: 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, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing 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. B. Public Hearings /Quasi - Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission 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. 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 COMMISSION: 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 PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, 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 City 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 the City Manager at 243 -7010, 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. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. NONE 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 48 -13 (TAX EXEMPTION REOUEST FOR ELIGIBLE IMPROVEMENTS /290 S.E. 6th AVENUE): Approve a tax exemption request for eligible improvements to the individually designated property located at 290 SE 6th Avenue, Adams Auto Dealership; and approve Resolution No. 48 -13. B. HOLD HARMLESS AGREEMENT /982 MCCLEARY STREET: Approve a Hold Harmless Agreement with Henry Shefet to install and construct two electric gates in the City right -of -way for the property located at 982 McCleary Street. C. FINAL SUBDIVISION PLAT APPROVAL/ DELRAY BEACH FAIRFIELD INN: Approve a final plat for the Delray Beach Fairfield Inn located on the south side of West Atlantic Avenue, between S.W. 91h- Avenue and S.W. 101h- Avenue. 1. RESOLUTION NO. 53 -13: ABANDONMENT OF AN ALLEY RIGHT -OF- WAY/ DELRAY BEACH FAIRFIELD INN: Approve Resolution No. 53 -13 to abandon the alley right -of -way located adjacent to the proposed Delray Beach Fairfield Inn project. 2. RESOLUTION NO. 54 -13: EASEMENT ABANDONMENT /DELRAY BEACH FAIRFIELD INN: Approve Resolution No. 54 -13 to abandon a general utility easement located within the proposed Delray Beach Fairfield Inn project. 3. TEMPORARY UTILITY EASEMENT AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) /DELRAY BEACH FAIRFIELD INN: Approve a Temporary Utility Easement Agreement with the Community Redevelopment Agency (CRA) to provide over an existing alley right -of -way and general utility easement which are being abandoned to accommodate the development of the Delray Beach Fairfield Inn project, located in the 900 Block of West Atlantic Avenue. D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1 /FINAL)/ LANZO CONSTRUCTION COMPANY, FLORIDA: Approve Contract Closeout (C.O. No. 1 /Final) in the amount of $216,812.90 decrease and final payment in the amount of $38,007.86 to Lanzo Construction Company, Florida, for completion of the Reclaimed Water, Area 12A Phase I Project. Funding is available from 441- 5161 -536- 68.73 (Water and Sewer Fund: Improvements Other/ Reclaim Water, Area 12A), 448-. 5461-538-68.67 (Storm Water Utility Fund: Other ImprovementBay Street Pump Station Improvement) and 442 - 5178 - 536 -63.50 (Water and Sewer: Improvements Other/Water Mains). E. MODIFICATION NO. 5 OF THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) -1 GRANT AGREEMENT: Approve Modification No. 5 of the Neighborhood Stabilization Program (NSP) -1 Grant Agreement IODB- 4X410- 60 -02 -F 10 to extend contract ending date to June 30, 2014. F. RESOLUTION NO. 52 -13 /GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013: Consider approval of Resolution No. 52 -13 authorizing the issuance of not to exceed $9,000,000 in Delray Beach Bond General Obligation (GO) Refunding Bonds, Series 2013, for the purpose of currently refunding or refinancing, in part, the City's outstanding General Obligation Bonds, Series 2004. G. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Approve ratification of appointments to the Kids and Cops Committee for two (2) year terms ending November 30, 2015. H. PROCLAMATIONS: 1. None I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 4, 2013 through November 15, 2013. J. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Coastal Contracting & Development Incorporated in the amount of $58,422.50 for the construction of sidewalks. Funding is available from 118 -1965- 554 -63.11 (Neighborhood Services: Improvements — Other /Bike Paths /Sidewalks). REGULAR AGENDA: A. DISCUSSION OF FRANCHISE AND GARBAGE CART FEE ANALYSIS: B. BID AWARD TO OCEANSIDE BEACH SERVICE, INC.: Consider approval of a bid award to Oceanside Beach Services, Inc. for the rental of Beach Cabanas and Beach Equipment at the City of Delray Municipal Beach; subject to the termination of the current Beach Eauipment Rental Concession Contract. 1. TERMINATION OF AGREEMENT / OCEANSIDE BEACH SERVICES, INC.: Consider approval to terminate an agreement with Oceanside Beach Services, Inc., for the beach equipment rental concession on the City's municipal beach. C. RESOLUTION NO. 50 -13/ BUDGET AMENDMENT: Consider approval of Resolution No. 50 -13 amending Resolution No. 49 -12 adopted September 20, 2012, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2012/2013, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2012/2013. D. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to serve an unexpired term ending January 14, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 28 -13: Consider a citv initiated rezoninLy for Pelican Pointe Condominium to change the zoning district map from RM (Medium Density Residential) District in part and GC (,General Commercial, ) in part to RM (Medium Density Residential) District for the property located east of South Federal Highway between Tropic Isle Drive and Bosun Way. B. ORDINANCE NO. 29 -13: Consider approval to repeal Chapter 36, "Finance; City Property Transactions ", and replacing it with a new Chapter 36, "Acquisition of Goods and Services and Disposal of City Property C. ORDINANCE NO. 30 -13: Consider an amendment to Chapter 99, "Noise Control ", of the Code of Ordinances, by amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", to amend allowable times for devices and construction noise. 11. FIRST READINGS: A. ORDINANCE NO. 31 -13: Consider an amendment to Chapter 113, "Alcoholic Beverages ", of the Code of Ordinances by amending Section 113.15, "Hours of Sale and Consumption; Exemption ", to remove the restriction of selling alcoholic beverages on Sunday morning. If passed, a public hearing will be held on December 3, 2013. B. ORDINANCE NO. 32 -13: Provide for Charter revisions by amending Section 3.12, "Procedure ", to provide clarification re$!ardin$! the voting procedure; providing for a referendum on March 11, 2014. If passed, a public hearing will be held on December 3, 2013. C. ORDINANCE NO. 33 -13: Consider an amendment to the Code of Ordinances by repealing Chapter 119, "Vehicles for Hire ", in its entirety and enacting a new Chapter 119 in its place, in order to adopt, by reference, the Palm Beach County provisions regarding the same. If passed, a public hearing will be held on December 3, 2013. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, LEED GA, DIRECTOR OF PLANNING AND ZONING THROUGH: LOUIS CHAPMAN, JR., CITY MANAGER DATE: November 12, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 RESOLUTION NO. 48-13 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS /290 S.E. 6TH AVENUE) ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 290 SE 6th Avenue, an individually designated property. BACKGROUND The subject property is located at the northwest corner of SE 6th Avenue (Federal Highway) and SE 3rd Street, and contains a 7,707 square foot building constructed in 1950. The building was originally developed and used for automotive repair. On August 21, 2012, the City Commission approved Ordinance 24 -12 which individually listed the subject property as "Adams Auto Dealership" on the Local Register of Historic Places. In 2012, site plan modifications were approved for the adaptive reuse of the subject property to convert the site to office, retail, and personal services uses, including associated site improvements. ANALYSIS The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was issued on July 26, 2013. The applicant is now applying for tax exemption status for those improvements. The HPB considered the tax exemption request at their November 6, 2013 meeting and recommended approval of the Ad Valorem Tax Exemption Application. The tax exemption will apply only to the difference in assessed value after the eligible property improvements. The applicant is now before the City Commission for final approval of the exemption request. If approved, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. The request contains qualifying improvements under LDR Section 4.5.1(1) and is compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1(J)(7)(d)b., upon approval of the Historic Property Tax Exemption Application by the Historic Preservation Board, the application shall be placed by resolution on the agenda of the City Commission for approval. The expenditures associated with the qualifying improvements total approximately $1,100,000. The tax exemption will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in an abatement of taxes on the City and County portions for a period of ten years from the date of approval. RECOMMENDATION Approve the tax exemption request for site improvements to the property located at 290 SE 6th Avenue, based upon positive findings with respect to LDR Section 4.5.1(1). RESOLUTION NO. 48 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO 290 SE 6`t' AVENUE, LLC. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 290 SE 6TH AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.I T; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City "), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and /or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and /or improvement of historic properties (Ordinance No. 50 -96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50 -96 provides that on completion of the review of a Final Application /Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Historic Property Ad Valorem Tax Exemption Application for review by the Historic Preservation Board on November 6, 2013, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 290 SE 6ffi Avenue, and the Historic Preservation Board determined that the completed improvements were consistent with LDR Section 4.5.1 U) and recommended approval to grant an ad valorem City tax exemption to 290 SE 6`h Avenue, LLC. for the restoration, renovation, and improvement to the property located at 290 SE 6ffi Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 290 SE 6th Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.5.1 U). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, 290 SE 6"' Avenue, for a ten year period, commencing on 1/1/15, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/15 — 12/31/24, resulting from the renovation, restoration, and rehabilitation of the property located at 290 SE 6th Avenue, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2012 -176: Lot 30 and 31, Block 111, Re- subdivision of Block 111, Delray Beach, Florida Section 3. Prior to the ad valorem tax exemption described herein being effective, 290 SE 6ffi Avenue, LLC, shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 2013. MAYOR ATTEST: City Clerk Res No. 48 -13 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant: 290 SE 6th Avenue, LLC Property Address: 290 SE 6th Avenue, Adams Auto Dealership, Individually Designated HPB Meeting Date; November 6, 2013 File No.: 2013 -242 ITEM BEFORE THE BOARD The action requested of the Board is to approve the final Tax Exemption application for improvements on an individually designated property located at 290 SE 6th Avenue, Adams Auto Dealership, pursuant to Land Development Regulations (LDR) Section 4.5.1(J). BACKGROUNDIPROJECT DESCRIPTION The subject property consists of Lots 30 and 31, Block 111, Town of Delray, and is located at the northwest corner of SE 6th Avenue (Federal Highway) and SE 3rd Street. The property contains a 7,707 square foot building constructed in 1950, and previously included 7 back -out parking spaces onto SE 3" Street. The building was originally developed and used for automotive repair. On August 21, 2012, the City Commission approved Ordinance 24 -12 which individually listed the subject property as "Adams Auto Dealership" on the Local Register of Historic Places. At its meeting of July 11, 2012, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan Modification (2012 -162) for a change of use from auto repair to retail and office, as well as associated site improvements and elevation changes. The following waivers associated with the Class III were approved by the City Commission at its August 7, 2012 meeting: • A waiver to LDR Section 4.6.9(D)(4)(d), which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking, allowing 22' instead. • A waiver to LDR Section 6.1.3(B)(1)(f), which requires an 8 -foot sidewalk along SE 3rd Street, allowing 5' instead. • A waiver to LDR Section 4.6,16(H)(3)(d), which requires a 5 -foot wide perimeter landscape strip along the north and west sides of the property, instead allowing 1.33' on the north side and 2' on the west side. Upon designation of the site, the purview of site plan review and any site and building modifications shifted from SPRAB to HPB. SPRAB approved the initial site plan change of use because it was submitted for SPRAB approval prior to the site being individually designated. Due to minor revisions to the building's exterior, and in order to be eligible for the subject tax exemption, the HPB needed to approve all components of the development, regardless of prior approval by SPRAB. Therefore, the applicant submitted a Class I Site Plan Modification which was approved at the HPB meeting of September 19, 2012. The Class I Site Plan Modification consisted of the following; + Elimination of the 7 back -out parking spaces and construction of 4 parallel parking spaces along SE 3rd Street. Construction of 10 standard parking spaces and 1 handicap accessible parking space on the north side of the building. Elevation Changes as follows: e Stucco over brick veneer on north "cube "; o Replace 12 -light picture window in "cube" with aluminum, impact rated fixed windows; a Add entry door and transom with eyebrow on north elevation of "cube "; 290 SE 6"' Avenue, Tax Exemption Application 2013 -242 HPB Meeting November 5, 2013, Page 2 of 5 • Replace all windows on east elevation to match existing configuration of single light, fixed windows; • Replace main entry door and sidelights with double entry doors and transom lights; • Add angled corner window on southeast corner of building to match existing corner window on front (east) elevation and as illustrated in original building plans; • Replace entry doors on south elevation with two single light, fixed windows to match others; • Replace existing garage door on south elevation and recreate two additional openings of same width and height as illustrated on original plans; • Install single entry door flanked by two fixed, single light windows of same measurements within each "garage door opening;" • Remove shed roof on south elevation; • Add eyebrow above each entry on south elevation with wing wall support walls and angled vertical support posts; • Stucco over brick veneer on south elevation; • Add glass block within original window openings on north elevation; • Change color scheme from brick and white paint to: ■ "Cube ": Light Blue ■ Walls: White Wing Walls: Yellow -Green Posts and Eyebrows: Melon The applicant is now before the Board to request review of the Tax Exemption Application for the aforenoted site and building improvements. Landscaping associated with this project is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement," pursuant to the Florida Administrative Code 1A -38. Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project before, during, or after it has been undertaken. The applicant therefore requests consideration of the ad valorem tax exemption as the project is complete. AD VALOREM TAX EXEMPTION LDR Section 4.5.1(J), Tax Exemption for Historic Properties Pursuant to LDR Section 4.5.1(J), a tax exemption is available for improvements to qualifying contributing properties in a designated historic district or individually designated properties, as listed in Section 4.5.9(1). Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on one hundred percent (100 %) of the increase in assessed value resulting from any HPB approved renovation, restoration, rehabilitation, or other improvements of the qualifying property made on or after the effective date of the original passing of Ordinance 50 -96 on !November 19, 1996. LDR Section 4.5.1(J)(1), clarifies that the exemption does not apply to the following: (a) Taxes levied for payment of bonds; (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property, LDR Section 4.5.1(J)(2), explains the exemption period shall be for ten (10) years, unless a lesser term is set by the City Commission. (a) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to authorize such exemption or change in ownership of the property. 280 SE 6`' Avenue, Tax Exemption Application 2013 -242 HPB Meeting November 6, 20313; Page 3 of 5 (b) To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was authorized. LDR Section 4.5.1(J)(4) provides the parameters for qualifying properties and improvements. The subject property qualifies as it is listed on the Local Register of Historic Places, LDR Section 4.5.1(J)(5) requires that for an improvement to a historic property to qualify the property for an exemption, the improvement must: (a) be consistent with the United States Secretary of the Interior`s Standards for Rehabilitation, as amended; and (b) be a constructed and /or installed improvement as approved by the Historic Preservation Board and as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A -38, as amended which defines real property improvements as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (i.e. a garage, cabana, guest cottage, storage /utility structures, swimming pools), whether existing or new. The exemption does not apply to improvements made to non - contributing principal buildings, existing non - contributing accessory structures., or undesignated structures and /or properties; and, (c) be consistent with Section 4.5.1(E), "Development Standards'; of the City's Land Development Regulations; and (d) include, as part of the overall project, visible improvements to the exterior of the structure. STAFF COMMENT: The project meets the above criteria through previous approval by the Board of the associated improvements outlined above which constituted its compliance with the Secretary of the Interior's Standards for Rehabilitation, as well as the rules of Florida Administrative Code 1A -38, promulgated by the Florida Department of State, Division of Historical Resources. The development project meets criterion (c) per the COA approval which applied the LDR Development Standards in the assessment of the proposal, Finally, the project meets criterion (d) as the project encompasses visible improvements to the exterior of the building and related property. LDR Section 4.5.1(J)(7), Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must submit a Historic Property Tax Exemption Application to the Planning and Zoning Department upon completion of the qualifying improvements. (a) The application shall indicate the estimated cost of the total project, the estimated cost attributed solely to the historic structure, and project completion date as determined by the Certificate of Occupancy issued by the Building Department. (b) The Historic Property Tax Exemption Application shall be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property, a new property survey illustrating the improvements, a copy of the building permit application indicating estimated project cost; a copy of the Certificate of Occupancy /Final Inspection; and photographs illustrating the before and after of each improvement, including both the interior, exterior, and all new construction. The photographs shall be identified with a date and description indicating the impact of the improvement. (c) The application must be submitted within three (3) months from the date of issuance of a Certificate of Occupancy. (d) The Historic Preservation Planner will inspect the completed work to verify such compliance prior to Historic Preservation Board review. a. If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the approved plans and the review standards contained in Section 4.5.1(E), the Board shall recommend that the City Commission grant the Historic Property Tax .Exemption Application. 290 SE 6 °i Avenue, Tax Exemption Application 2013 -242 HPB Meeting November 6, 2013; Page 4 of 5 b. Upon a recommendation of approval of a Historic Property Tax Exemption Application by the Historic Preservation Board, the application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. c. If the Historic Preservation Board determines that the work as completed is either not consistent with the approved plans or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant shall be advised that the request has been denied STAFF COMMENT: The qualifying improvements were completed and submitted within three months of the Certificate of Occupancy which was issued on July 26, 2013, LDR Section 4.5.1(J)(8), Historic Preservation Exemption Covenant, explains the covenant required in order to qualify for the exemption: (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application /Request for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 292.12(3), Florida Statutes. LDR Section 4.5.1(J)(10), Revocation Proceedings, provides guidelines to revocation of the tax exemption upon violation of the recorded covenant. (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5.9 (M)(90), and make a recommendation to the City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked, Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. 296 5E 6 "' Avenue, Tax Exemption Application 2013 -242 HPB Meeting November 6, 2013; Page 5 of 5 The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings" are provided to demonstrate that the tax exemption is binding, and if violated, the property owner would have to comply with the consequences. ANALYSIS The tax exemption request complies with the criteria contained in LDR Section 4.5.1(J) as the Historic Preservation Board approved the associated improvements by making positive findings with respect to the applicable LDR Sections, Delray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's Standards for Rehabilitation. Therefore, positive findings can be made with respect to LDR Section 4.5.1(J). ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application for improvements to the property at 290 SE 6th Avenue, Adams Auto Dealership, Individually Designated, based upon positive findings with respect to LDR Section 4.5.1(J). C. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption Application for improvements to the property at 290 SE 6th Avenue, Adams Auto Dealership, Individually Designated, based upon a failure to make positive findings with respect to LDR Section 4.5.1(J). Motion to be hrased in the affirmative. See above. RECOMMENDATION Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application (2012 -063) for improvements to the property at 290 SE 6th Avenue, Adams Auto Dealership, Individually Designated, based upon positive findings with respect to LDR Section 4.5.1(J). Report Prepared by: Amy E. Alvarez, Historic Preservation Planner HISTORIC PROPERTY V'SER AD VALOREM TAX la °u EXEMPTION APPLICATION �rAMERICAgc ore and Enjoy KIM- HISTORIC PRESERVATION BOARD Submittal Date: 0 o Properky Address- 2- 1'0 s F (c � A-u-e- . -t_ Historic District/Site: INSTRUCTIONS FOR COMPLETING AND FILING THE TAX EXEMPTION APPLICATION Applications may be submitted to the Planning and Zoning Department at any time between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday. Please submit application and all required materials at the same time. Incomplete applications will not be accepted. The Historic Preservation Board (HPB) will act on a tax exemption application at the next available meeting upon confirmation by the Historic Preservation Planner that the application is complete and satisfies the requirements of LDR Section 4.5.1(M)(4)(a) and is therefore eligible for review by the Historic Preservation Board. This review period takes approximately sixty (60) days. The application must be accompanied by the $65.00 processing fee (make checks payable to the City of Delray Beach). Please print or type all of the required information and ensure that the application is complete and accurate. It is necessary that an owner, or an authorized agent, be present at the Board meeting when the application is reviewed. If a property owner wishes to designate a representative /agent, please execute the "Owner's Consent and Designation of Agency" form found in this application. It is recommended that the Tax Exemption Application be filed with the Certificate of Appropriateness (COA), receiving approval prior to the start of any work to be done. However, the Tax Exemption Application may also be submitted during or after construction provided that a COA was previously issued. Pursuant to the City's Land Development Regulations' Section 2.4.6(J)(2)(b) no application for a COA will be accepted by the HPB unless it contains all required and pertinent information. A_ pre - application conference with a member of the Planninq Staff is strongly recommended, and can be scheduled at your convenience. We will be glad to assist you in any way possible. All projects will be reviewed and evaluated for conformance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatin Historic Buildin s. The Standards for Rehabilitation are broadly worded to guide the improvement of all types of historic properties. The underlying concern expressed in the referenced Standards and Guidelines is the preservation of significant historic materials and features of a building or archaeological site in the process of restoration, rehabilitation or renovation. Evaluation is based on whether or not the overall project is consistent with the Standards and Guidelines. Proposed work that does not appear to be consistent with the Standards and Guidelines will be identified, and advice will be given to assist property owners, architects, or builders in bringing the project into conformance. 07111 CITY OF DELRAY BEACH PLANNING AND ZONING DEPARTMENT PROPERTY TAX EXEMPTION APPLICATION Project NamelAddress: Z "-P- PART ONE - APPLICANT INFORMATION: APPLICANT Name Mailing Address: -0, is VC_ 3 `r 3 Telephone Number: 574 ( " Z[ 3 - ( (v 35' AGENT Name: Mailing Address: Telephone Number: OWNER (if other than applicant Name: Mailing Address: Telephone Number: Applicant is: Owner [ -f Lessee [ ] Other E -Mail: r( �' -( a-r-il 1" s_cd-1— E -Mail: E -Mail: PART TWO - PROPERTY INFORMATION: Property Control Number: I z `t r a I << r 3 8 Legal Description (attach separate sheet if necessary): Zoning Designation: 3 -P Property is: in a Local Historic District % Individually Listed on Local Register L� 5 s R-/ Gti? / R L Fe i f I in a National Register District Individually Listed on National Register Use of Property Prior to Improvements: Use of Property After to Improvements: f2-.e-T& ` ( I dpi e- -e- Original Date of Construction Dates of Previous Alterations: f-i'5--a Has the building ever been moved or relocated? ( )Yes ( *0 If so, when? From Where? Description of Physical Appearance Prior to Improvements: Provide information about the major exterior and interior features of the building. Describe the building in its existing condition (before improvement) — not as it was when first built (unless unchanged) or as it will be after improvement. Dote the architectural style, exterior construction materials (wood, brick, etc.), type of roof (fiat, gable, hipped, etc.), number of stories, basic plan (rectangular, irregular, L- shaped, etc.) , and distinguishing architectural features (placement and type of windows, chimneys, porches, decorative interior features or spaces). Describe any changes that have been made to the building since its original construction (i.e., additions, porch enclosures, new storefronts, relocation of doors and windows, and alterations to the interior). Other buildings on the property such as carriage houses, barns and sheds should also be described. Finally, discuss the way in which the building relates to others in the district in terms of siting, scale, material, construction, and date of construction. 1-4 a �� r e�.-� (�-e- s q A- . s S A-sI-q u 5 dL c- o r' i 15 a-r- ��.�.� w� -Q al v r S V`b �-� i—vk �•-�� 1-4 a �� r e�.-� (�-e- s q A- . s S A-sI-q Statement of Significance: Summarize how the building contributes to the significance of the district. This summary should relate to the significance of the district (including the district's period of significance) as identified in the National Register nomination or district designation documentation. Is it similar to other buildings in the district in scale, building materials, style, and period of construction? Note important persons from the past associated with the building, former uses of the property and the name of the architect or builder, if known. s ¢'�7 (-e- rF C& 1.4 C- e-4 a F--<- . X-„_4` r-t v tR Gu ti-s { 't t "A-� by PART THREE — PROJECT INFORMATION Type of request: (� Exemption under 196.1997, F.S. (standard exemption) ( ) Exemption under 196.1998, F.S. (exemption for properties occupied by non - profit organizations or government agencies and regularly open to the pubic) Project Start Date: S Zo t Z Project Completion Date: -7 1 2-0 ` 3 _ (Certificate of Occupancy Issued by Building Department) Total Estimated Project Costs: `J Z, a-_b b I t ^-c� °L"`J I °`" %L Total Project Cost Attributed Solely to the Historic Structure: _k ( t r 0--en L;-" PART FOUR: APPLICATION REQUIREMENTS Please provide one complete of all applicable items noted below. ❑ Survey — Provide a copy of a survey from both before and after the improvements when the building footprint(s) has changed. d Site Plan, Exterior Elevations, Floor Plans — As approved by the HPB. ❑ Other Plans - i.e. Demolition Plan • Engineering or Other Reports • Attachment Sheets — When necessary. C�r-Photographs — Provide a before and after photo of each exterior elevation, all new construction, and all interior improvements. Each page should contain a before and after photo of the same item; provide a corresponding description of the photos and the improvements. Photographs are not returnable. Polaroid photographs are not acceptable. Such documentation is necessary for evaluation of the effect of the improvements on the historic structure. Where such documentation is not provided, review and evaluation cannot be completed. This shall result in a recommendation for denial of the request for exemption. NOTE: All features should be identified with the approximate date, a description, and impact of work on existing feature. All pages should include the property address. EY Most Recent Tax Bill Er Applicable Fee, payable to the City of Delray Beach - See cover sheet. [d' Executed Agent Authorization Form PART FIVE; APPLICATION REVIEW For Historic Preservation Planner Use Only. The Historic Preservation Planner has reviewed the Historic Preservation Property Tax Exemption Application for the subject property and hereby: (" Certifies that the above referenced property ualifies as a historic property consistent with the provisions of S. 196.1997 (11), F.S. ( ) Certifies that the above referenced property does not qualify as a historic rope consistent with the provisions of s. 196.1997 (11) , F.S. ( ) Certifies that the above referenced property qualifies for the special exemption provided under x._196.1998, F.S., for properties occupied by non - profit organizations or government agencies and regularly open to the public. ( ) Certifies that the above referenced property does not qualify for the special exemption provided under s.196.1998, F.S. The Historic Preservation Planner has reviewed the Historic Preservation Property Tax Exemption Application for the subject property and hereby: (A Determines that improvements to the above referenced property are consistent with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic _Buildings, and the criteria set forth in Chapter 1A -38, F.A.C. ( ) Determines that improvements to the above referenced property are not consistent with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the criteria set forth in Chapter 1A -38, F.A.C. All work not consistent with the referenced Standards, Guidelines and criteria are identified in the Review Comments. Recommendations to assist the applicant in bringing the proposed work into compliance with the referenced Standards, Guidelines and criteria are provided in the Review Comments. The Historic Preservation Planner has reviewed the Historic Preservation Property Tax Exemption Application for the subject property and hereby: (kA,.,— Determines that the completed improvements to the property are consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating im Buildings, and other criteria set forth in Chapter 1A -38, F.A.C., and, therefore, recommends approval of the requested historic - preservation tax exemption. ( ) Determines that the completed improvements to the above referenced property are not consistent with the Secretary of the interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter 1A -38, F.A.C., and, therefore, recommends denial of the requested historic preservation tax exemption for the reasons stated in the Review Comments below. Review Comments: 1 PART SIX: OWNER ATTESTATION I hereby attest that the information I have provided is, to the best of my knowledge, correct, and that l own the property described above or that I am legally the authority in charge of the property. Further, by submission of this Application, I agree to allow access to the property by the Historic Preservation Planner of the City of Delray Beach, Planning and Zoning Department, and appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of information provided in this Application. I also understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the quay ing improvements for the term of the exemption. (I G fJ Name 5ignatur 6M� Date Complete the following if signing for an organization or multiple owners: Title Organization name I hereby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation work as approved by the Historic Preservation Board. I attest that the information provided is, to the best of my knowledge, correct, and that in my opinion the completed project conforms to The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and is consistent with the work approved by the Historic Preservation Board. I also attest that I am the owner of the property described above or, if the property is not owned by an individual, that I am the duly authorized representative of the owner. Further, by submission of this Application, I agree to allow access to the property by Historic Preservation Planner of the City of Delray Beach, Planning and Zoning Department, where such office exists, and appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of information provided in the Application and this Request. I understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the qualifying improvements for the term of the exemption. I also understand that falsification of factual representations in this Application or Request is subject to criminal sanctions pursuant to the Laws of Florida. Name Signature Date Complete the following if signing for an organization or multiple owners: "I r]crna .c , �O90 �E (r ,"'ALA-- LLB Title Organization name PART SEVEN: OWNER'S CONSENT AND DESIGNATION OF AGENCY (This form must be completed by ALL property owners) the fee simple owner of the following described (Owner's Name) property (give legal description): hereby petition to the City of Delray Beach for approval of a Tax Exemption Application for the property located at and affirm that is hereby designated (Applicants /Agent's Name) to act as agent on my behalf to accomplish the above. I certify that I have examined the application and that all statements and diagrams submitted are true and accurate to the best of my knowledge. Further, I understand that this application, attachments and fees become part of the Official Records of the City of Delray Beach, Florida, and are not returnable. 4i�6- (Owner's Signature) The foregoing instrument was acknowledged before me this 2 day of 1_ 20 1 _ a by Ocv C4 e r who is personally known to me or has produced (type of identification) as identification and who did take an oath, (Printed Name of Notary Public) 'Ll.i� . - (Signature of Notary Public) Commission # GL- qq bq —,My Commission Expires NOVC ro V-3CK 1q, 2-01 (x (NOTARY'S SEAL) „ CHRISTI FRENCH Notary PubliC - State o1 Florida .? My Comm. 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Pt-operty Address Subdivision Name Legal Description . Property Zoning Owner . . . . Contractor Description of Work . . Valuation . . . Construction 'type . . . Occu ancy Typ F'e loog Zone - . . . DESIGN OCCUPANT I.,0A.17 Building Code Edition , NOTES: 12- 00140617 000 000 7/26/13 12 43 46 16 01 112 02.6..0 290 SE GTH AVE DELRAY BEACH FL 33483 DELRPY TOWN OF TOWN OF DELRAY LTS 30 & 31 /LESS RD R /W/ BLS€ 1I.1 SPECIRLIZED COMMERCIAL 290 SE 6TH AVE LLC 290 SE GTH AVE DELRAY BEACH FL 33483.5 >227 BIEBER CONSTRUCTION INC ALTERATION -- INTERIOR & EXTERIOR - COMMERCTA 1,805,318 KNOWN UNKN0?-T I UNKNOWN /SBC: 1994, 1997, 2001., 20.44, 2007�201o'` WELLFIELD ZONE 3 INTERIOR & EXTERIOR CONIC' L ALTERATION OF AN EXISTING BUILDING. Euilding Official . . _ . 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So$N and rj s i�'�`,`t` r •. i � ®F g Fo � y— °w— `� �i life § w �� IS w�� q 0 yy�sa og 1 I Rx Mg wsm INS n I� i1JV7f1 3f1NTAV Ii.L9 aN 86C �=Svo Ui71 Fm 3AV T9 aS 06z JM(1'71[lumiid0 EdO'Hf E Z } Z F', $ Il ;9 z 0 0 �a w Z G4 Q Q Pi i °s E86EEZi V1119 IN �7[1N:ixtl 1119 4al 86E if316d3 xolx e � fix" r a 9 g� A I� EE ('� 9 � ��E;n � q9 9pE� � � � O 7Atlg193506Z �hII47E[19 gDT.410 Rd(18Q IZ Z G4 Q Q Pi i °s 5 e � 3 3s` 9 g� A I� EE WIN �Q5y jdd"y, i3 9 ,g„ MEW o Z G4 Q Q Pi i ��n.�.� -A�TH��� s���� cr-a -vvr P4 C> -r-a F °-� 3[11v3AV F €.LP Hhl BtiC � f3 % p oil- ❑hIQ'ifS1H 33i330 31101[R 17 O W 0 rrl 0 a� W C H R € �a Ir .o a� W i 4 ii �a 0 il €� f3 i oil- Ir .o a� W i 4 ii �a MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Randal Krejcarek, P.E, Director of Environmental Services Department THROUGH: Louis Chapman Jr., City Manager DATE: September 6, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 HOLD HARMLESS AGREEMENT /982 MCCLEARY STREET ITEM BEFORE COMMISSION The item before Commission is to approve a Hold Harmless agreement with Henry Shefet to install and construct two electric entrance gates in the City right -of -way. The property is located at 982 McCleary Street. BACKGROUND The subject property is 0.33 acres and contains a single family residence. It is located on the south side of McCleary Street, south of Linton Boulevard and east of Spanish Trail. The property is zoned Single Family Residential (R- 1 -AAB). The location map is attached for your review. The Owner submitted a building permit application to install two entrance gates within the City right - of -way and along the frontage of their property along McCleary Street. The Hold Harmless agreement provides that theowner agrees to hold the City harmless for any damage to the gates which might occur as a result of maintenance or construction within the public right -of -way. The owner also agrees to remove the gates from the public right -of -way at any time at the City's request. RECOMMENDATION Staff recommends approval of the Hold Harmless Agreement with Henry Shefet for the property located at 982 McCleary Street. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N, W. 1st Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of 20 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY ") and Henry Shefet (hereinafter referred to as "OWNER "). WITNESSETH: WHEREAS, OWNER owns property located at 982 McCleary Street , Delray Beach, Florida, and has requested CITY to allow for the installation of removable gates in the public fight-of-way; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the removable gates as a result of maintenance within the public right-of-way or any action brought against the CITY as a result of the removable gates 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 ". 3. That OWNER wishes to install a(n) removable gates in the area, as shown on Exhibit B ", in the public right-of-way pursuant to the City of Delray Beach Code of Ordinances. No structure or any portion of such structure shall be within 10 feet of the City's underground utilities. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the removable gates 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 removable ,gates 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 removable gates 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 removable gates_ and associated improvements OWNER places within the public right -of -way. It is understood that any cost for replacement or repair of the removable gates and associated improvements shall be the OWNER'S responsibility, and the CITY will not beheld liable for any damage to the removable gates and associated improvements as a result of any maintenance or construction within the public right -of -way by the CITY. 6. The CITY may at any time and in its sole discretion request that OWNER remove the removable gates from the public right -of -way and OWNER agrees to immediately remove the removable gates from the public right -of -way. 2 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: 1-lepa Shefet 982 McCleary. Street Delray Beach, Florida 33483 8. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Pal Beach County and shall run with the land, 9. This Agreement shall be governed by and construed in accordance with the laws of the State 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. I ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: OWNER: By: 74 V17 h� (Print or Type Name) (Print or Type Name) (Print or Type Name) (SEAL) ESTRER L. SPELLER Notary Pubic, State of Florida My Comm. Expires Jan 03, 2016 No. EE 156936 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20by C, ( (name of officer or agent), of (name of core ration), a (State or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced b -- ,'� �, (type of ides ' .cation} as identifica 'on and did /slid not take an oath. 4 dJ9 If l State of *= �- 4 ESTHER L. SPELLER Notary Public, State of Florida My Comm. Expires .tan. 03, 2018 No. EE 156936 �a z ol c�4t 0 J 11 2 1 t , .1 rt , - r •T 7 A M1 Aa r ZTl :fir '30 h� Oita% r w i, -! yy � + i i # ■r i . 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The subject property is located on the south side of West Atlantic Avenue, between SW 9th and SW 10th Avenues. BACKGROUND The 1.78 acre subject property is a replat of Lots 1, 2, 7, 17, 18, 19 and 20 and a portion of the 16' alley, all in Block 1, Belair Heights, as recorded in Plat Book 20, Page 45 of the public records of Palm Beach County, Florida and a replat of Tracts B and C, Belair Heights Replat, as recorded in Plat Book 73, Page 17 of the public records of Palm Beach County, Florida. On February 27, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan and Landscape Plan to construct a new four -story 95 -room hotel on the property. The Architectural Elevations for the project were deferred and later approved by SPRAB on March 13, 2013. The replat will subdivide the subject property into five (5) parcels. Parcel "A" is the development parcel which will contain the new hotel, parking lot and amenities. Parcel "B" is a dedication parcel consisting of 2 feet by 80 feet of additional right -of -way for West Atlantic Avenue and Parcel "C" is a dedication parcel consisting of a corner clip at the intersection of West Atlantic Avenue and SW 9th Avenue. Parcels "D" and "E" are being dedicated to the property owner by the plat for storm water retention. With the exception of a 16' general utility easement being abandoned by Resolution No. 54 -13, which is also being considered at this meeting, all existing easements on the property are being abandoned by this plat. All new easements for drainage, FPL and gas are being dedicated by special instruments and the recording information will be noted on the plat. Plat Anal, City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of July 15, 2013, and recommended approval by a vote of 4 to 0. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizens Coalition • Atlantic Park Garden • Gateway • Lincoln Park To date, no letters of objection or support for the Plat have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION Move approval of the Delray Beach Fairfield Inn Plat, by adopting the findings of fact and law contained in the staff report, and fording that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: July 15, 2013 ITEM: VI. B. Delray Beach Fairfield Inn Plat — a plat to accommodate development of a four - story 95 -room hotel, located on the south side of West Atlantic Avenue between SW 9th Avenue and SW 10th Avenues. GENERAL DATA: Applicant . ............................... Prime Delray Hotel, LLC Property Owner ........................ Delray Beach Community Redevelopment Agency Agent...... ............................... Location ..................................... Property Size ............................. Existing FLUM ........................... Current Zoning ........................... Adjacent Zoning ............... North East South Keith M. Chee -A -Tow, Avirom & Associates, Inc. On the South side of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue 1.78 acres CC (Commercial Core) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) RM (Multiple Family Residential - Medium Density) West: CBD (Central Business District) Existing Land Use ...................... Vacant lot Proposed Land Use .................... Delray Beach Fairfield Inn hotel with 95 rooms. Water Service ........................ Available via connection to an 8" water main located on the south side of West Atlantic Avenue, a second 8" water main located along SW 10th Avenue and a third one along SW 9th Avenue r -o -w. Sewer Service ........................ Available via connection to an 8" sewer main located along SW 10th Avenue and a second 8" sewer main located along SW 9th Avenue r -o -w. MI MIN lllllll 1111111 �1� Inl ■11�`�I is ��- IIIIIIII 111111111111�I� i������ IIIIIIIII ■� �� �n �0, S ■ �_ IN =m INE ■o OEM m� ME ■� �� IIIIIIIIIIIIIN� ■ � ME M1 IN IN IN ■� ME ININ VI. B. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a hotel development to be platted as Delray Beach Fairfield Inn Plat. The subject property is located on the south side of West Atlantic Avenue, between SW 91h and SW 10th Avenues. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 1.78 acre subject property is a replat of Lots 1, 2, 7, 17, 18, 19 and 20 and a portion of the 16' alley, all in Block 1, Belair Heights, as recorded in Plat Book 20, Page 45 of the public records of Palm Beach County, Florida and a replat of Tracts B and C, Belair Heights Replat, as recorded in Plat Book 73, Page 17 of the public records of Palm Beach County, Florida. On February 27, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan and Landscape Plan to construct a new four -story 95 -room hotel on the property. The Architectural Elevations for the project were deferred and later approved by SPRAB on March 13, 2013. PLAT DESCRIPTION The replat will subdivide the subject property into four (4) parcels. Parcel "A" is the development parcel which will contain the new hotel, parking lot and amenities. Parcel "B" is a dedication parcel consisting of 2 feet by 80 feet of additional right -of -way for West Atlantic Avenue and Parcel "C" is a dedication parcel consisting of a corner clip at the intersection of West Atlantic Avenue and SW 91h Avenue. Both of these dedications are being provided by this plat. Parcel "D" is being dedicated to the property owner by the plat for storm water retention. All existing easements on the property are being abandoned by this plat and by special instruments. All new easements for drainage, FPL and gas are being dedicated by special instruments and the recording information will be noted on the plat. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of Central Business District (CBD), which are consistent with one another. Pursuant to LDR Section 4.4.13(D)(16), hotels, motels, and residential -type inns on P &Z Board Staff Report, Meeting of July 15, 2013: Delray Beach Fairfield Inn Plat Paqe 2 property located within the West Atlantic Neighborhood are permitted through the conditional use approval process, thus, positive findings can be made with respect to FLUM consistency. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B -2 of the Future 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: Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via floor drains on the ground floor of the parking lot area which will then connect to an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on -site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The 95 -room hotel 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(C), Impact Fee Required, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee of $500.00 per dwelling unit (including hotel rooms) will be collected prior to issuance of building permits for each unit. Thus, an impact fee of $47,500 will be required of this development. Solid Waste: Trash generated each year by the 44,808 sq. ft. hotel, will equate to 105.29 tons per year (44,808 sq. ft. x 4.7 = 210,598/2,000 = 105.29 tons per year). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2046, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA was established in December, 1995 to aid in the revitalization of downtown, with a purpose of reducing the adverse impacts of transportation concurrency requirements on urban infill development and redevelopment. These revitalization efforts are achieved by exempting development within the TCEA from the requirements of traffic concurrency. Thus, the TCEA exempts the above - described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement was submitted noting the generation of 762 Average Daily Trips with 58 AM peak hour trips and 60 PM peak hour trips to the roadway network. Therefore, a positive finding can be made with respect to traffic concurrency. Water and Sewer: Water service is available via connection to an 8" water main located on the south side of West Atlantic Avenue, to a second 8" water main located along SW 10th Avenue and to a third water main located along SW 9th Avenue r -o -w. Two (2) fire hydrants presently exist along West Atlantic Avenue: one at the northeast side of the subject property and a second one at the northwest corner of West Atlantic Avenue and SW 10th Avenue r -o -w. A third fire hydrant is located on the east side of SW 9th Avenue r -o -w. Sewer service is available via connection to an 8" sewer main located along SW 10th Avenue and a second 8" sewer main located along SW 9th Avenue r -o -w. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. P &Z Board Staff Report, Meeting of July 15, 2013: Delray Beach Fairfield Inn Plat Paqe 3 Schools: School concurrency findings do not apply for non - residential uses. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project to subdivide the property into four parcels. • LDR Section 4.3.4(K) (Development Standards Matrix): The development standards for the CBD (Central Business District) zoning district, including building frontage, open space, building setbacks and building height were addressed with approval of the site plan for the project. The design guidelines for the CBD District included in Section 4.4.13(F), "Development Standards ", were also addressed by SPRAB. • LDR Section 5.3.1 (Right -of -Way Dedication): 2 feet by 80 feet of additional right -of -way for West Atlantic Avenue and a corner clip at the intersection of West Atlantic Avenue and SW 9t" Avenue are required. The dedications are being made by this plat. A complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C ". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B ", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: Neighborhood Advisory Council P &Z Board Staff Report, Meeting of July 15, 2013: Delray Beach Fairfield Inn Plat Paqe 4 • Delray Citizens Coalition • Atlantic Park Garden • Gateway • Lincoln Park Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Delray Beach Fairfield Inn Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Delray Beach Fairfield Inn Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B ") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Reduced Plat P &Z Board Staff Report, Meeting of July 15, 2013: Delray Beach Fairfield Inn Plat Paqe 5 APPENDIX - A STANDARDS FOR PLAT ACTIONS 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. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of July 15, 2013: Delray Beach Fairfield Inn Plat Paqe 6 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent 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 I. Development shall not be approved if traffic 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 X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of July 15, 2013: Delray Beach Fairfield Inn Plat Paqe 7 APPENDIX - B TECHNICAL COMMENTS The following plat comments must be addressed prior to scheduling the plat for City Commission: 1. Please coordinate location of easements on plat, civil, landscape, and composite utility plans. Existing and proposed easement location and labeling needs to be consistent on all plans. 2. The existing 16' utility easement to be abandonment on the east side of the property over the east half of the abandoned east -west alley is not shown. 3. Show the 10' general utility easements, which were dedicated by the Belair Heights Replat, and are being vacated by this plat. 4. A ten foot (10') General Utility Easement is shown on the west side of the property where the alley is to be abandoned. An eight foot general utility easement will be provided with the abandonment resolution —not 10'. Additionally, this easement needs to extend through Parcel D. If 10' is required, an additional 2' must be dedicated and General Utility Easement dedication language to match City of Delray Beach Standard dedication language included on the plat. 5. Replacement easements for all relocated utilities need to be shown on plat. 6. Update Notes to match City of Delray Beach Surveyor's Notes as found on sheet P -11 of the City's latest version of the Construction Standards and Specifications. This can be found on the City's webpage at http: / /www.mydelraybeach.com, go to Departments, Environmental Services, then Standards and Details 2011. 7. Prior to approval of plat, provide South Florida Water Management District (SFWMD) permit, permit modification or Letter of "No Notice" in accordance with LDR Section 2.4.6(J). 8. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 9. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. 10. The Composite Utility Plan (or Composite Overlay Plan) needs to include all existing and proposed overhead and underground utilities; all existing and proposed light poles; all existing and proposed easements; all existing and proposed improvements to hardscape and landscape. The Composite Utility Plan is also used to ensure physical features and existing or proposed utilities do not conflict with each other. 11. Provide Preliminary Engineering Plans in accordance with LDR Section 2.4.3 (D) and indicate all existing and proposed improvements and easements, finish floor elevations P &Z Board Staff Report, Meeting of July 15, 2013: Delray Beach Fairfield Inn Plat Paqe 8 include adjacent properties, elevations at least 10 -feet into adjacent properties, drainage calculations, and pavement widths. 12. Provide a response letter with a detailed description of how each of these comments has been addressed with next submittal of revised plans. In addition, please ensure a complete set is provided for the City of Delray Beach Engineering Division. 13. Additional comments may follow after review of revised plat. P &Z Board Staff Report, Meeting of July 15, 2013: Delray Beach Fairfield Inn Plat Paqe 9 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed hotel development. The development will be complimentary with the surrounding residential and commercial developments in the area and will provide a customer base for the businesses on a year -round basis, which in turn will provide economic stability and growth for the downtown area. The guests of the hotel will provide a unique tourist customer base for the surrounding businesses. These guests will provide economic stability for businesses in the area, particularly with respect to the restaurant and entertainment sectors. Transportation Element Policy D -2.2 — Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. A bicycle parking facility has been provided in close proximity to the main entrance to the hotel, and thus, this LDR requirement has been met. Future Land Use Element Objective C -3: The Central Business District (CBD) and surrounding neighborhoods, including A -1 -A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea ". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policy C -3.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1 -95 and A -1 -A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village by- the -sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing /economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The development proposal will provide a total of 95 additional hotel rooms within the downtown area. The tourist guests of this hotel will be able to walk to shops, restaurants, cultural areas and parks. They will interact with storekeepers and restaurant's employees, and their neighbors. They will play a major role as participants, in and contributors to, the downtown area business community. The Delray Beach Fairfield Inn Hotel development proposal is consistent with Future Land Use Element Objective C -3 and Policy C -3.2 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. P &Z Board Staff Report, Meeting of July 15, 2013: Delray Beach Fairfield Inn Plat Paqe 10 The Southwest Area Neighborhood Redevelopment Plan: The Southwest Area Neighborhood Redevelopment Plan was part of an effort by community leaders and the City of Delray Beach to revitalize the City's neighborhoods and commercial districts. The plan seeks to identify the assets that will move the Southwest neighborhoods towards stability and stimulate private sector investment in the area. The area of the Southwest Neighborhood Redevelopment Plan is bounded by West Atlantic Avenue at the north. The western limit is Interstate 95 and the eastern limit is Swinton Avenue. The southern limit roughly corresponds with SW 10th Street and begins at the intersection of 1 -95 and W 10th Street. The plan highlights in its key findings the following issues: 1. The needed effort to redevelop the West Atlantic Avenue business district in order to improve existing economic conditions and overall livability conditions in the adjacent neighborhoods; 2. A substantial number of vacant parcels exist in the study area, including several properties owned by the CRA creating opportunities for infill re- development; 3. The proximity of the area to the downtown business district, major transit corridors, and the beach are extremely positive factors as a potential to attract economic investment. Creating a proper transition between the intense commercial activity proposed for West Atlantic Avenue and the surrounding residential neighborhoods is extremely important; The proposed used of this site as a home for the future Delray Beach Fairfield Inn Hotel development along West Atlantic Avenue responds to the key findings of the redevelopment plan because: It will Improve the existing economic conditions and overall livability conditions in the adjacent southwest area neighborhoods; 2. It will stimulate the demand for further economic commercial and retail investment creating more opportunities for infill re- development; 3. All lots contained in the subject property are owned by the CRA which is taking the initiative in creating an opportunity for infill re- development; 4. The proposed accessory parking use located to the rear of the hotel will create the proper transition between the intense commercial activity proposed for West Atlantic Avenue and the surrounding residential neighborhoods of the southwest area. The subject property (which contains all lots owned by the CRA), is located within what is known as the Northwest Quadrant of the Southwest Area Neighborhood Redevelopment Plan. The northwest Quadrant is bounded by Atlantic Avenue on the north, SW 3rd Street on the south, Interstate 95 on the west and SW 8th Avenue on the east. The plan for this area calls for substantial redevelopment of property north of SW 2nd Street to include neighborhood- oriented retail and office uses, multi - family apartment buildings and a mix of courtyard apartments, townhomes development. Traditional features of town design, such as buildings at the street line, parking areas at the rear of the structures, and prominent public spaces, are introduced in the plan to enhance neighborhood character and help create a sense of place. The hotel building will be located in close proximity to West Atlantic Avenue and the hotel parking will be located to the rear of the hotel structure which will generate a vibrant pedestrian flow along the West Atlantic Avenue corridor. The hotel will be a transitional use into the P &Z Board Staff Report, Meeting of July 15, 2013: Delray Beach Fairfield Inn Plat Paqe 11 residential areas located to the south of the subject property. In addition, a hotel development at this location will enhance the southwest neighborhood character and help create a sense of place. It will also generate stability and sustainability by the creation of new jobs and stimulation of the private sector investment in retail and commercial activity along the West Atlantic Avenue Corridor. All of the above arguments indicate that the proposed Delray Beach Fairfield Inn Hotel is in compliance with the goals, findings, and recommendations of the Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Objective C -3: The Central Business district (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea" The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida" The following policies and activities shall be pursued in the achievement of this objective: Policy C -3.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ❑ Deletion of inappropriate uses; ❑ Incentives for locating retail on the ground floor with office and residential use on upper floors; ❑ Accommodating parking needs through innovative actions; ❑ Incentives for dinner theaters, playhouses, and other family oriented activities; ❑ Allowing and facilitating outdoor cafes, ❑ Incentives for mixed use development and rehabilitation; ❑ Elimination of side yard setback requirements; and ❑ Allow structural overhang encroachments into required yard areas. The development proposal will locate 95 hotel rooms within the downtown area. The tourist and visitors of the proposed Fairfield Inn Hotel will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees. They will get to know the downtown area intimately and interact with Delray residents. They will play a major role as participants and contributors to, the downtown area community. The Fairfield Inn Hotel development proposal is consistent with Future Land Use Element Policy C -3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. N. W. 1ST ILI TFJ- N O Ol Z z z z w Q A T L A N T I C w Q w SUBJECT PROPERTY DELRAY BEACH FAIRFIELD INN PLAT w D LOCATION MAP DEPARTMENT 00 Q Q w w Q ST. r c~o z z A V E N U E CT S W 2ND �I I� ST. S. W. 2 D CT Lv Q SUBJECT PROPERTY DELRAY BEACH FAIRFIELD INN PLAT O D LOCATION MAP DEPARTMENT 00 S W 2ND �I I� ST. S. W. 2 D CT Lv Q -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn SUBJECT PROPERTY DELRAY BEACH FAIRFIELD INN PLAT PLANNING AND ZONING D LOCATION MAP DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn o cv _ "a- I I ono wmw uj d a Ia iom \ W r t oa z O — Q t7 wiz /aa w - ° zl � -- U }wcn 0 A =gym m °o o ir€ ui ui W 0) F�ac ° v On 0 ° ° ° Z ° � r� a� .� 2 0 z oo Vo zo rc o„ 0 � O -0 r sz� - 6 §�8° oowpgmaffiprw8� �o�a LL� o_ga o�am� lu CL s9 Wed qd- 40. F z - �m8n;8�gwF` a °� c �Io4� N €sqa� og2QOG?oW�W=am °ayq °° < N y o8 F Z h b SCL�a8< - og <2 F Qj b N i 3 8 o 3 =d =Cn °��aw o �A A €.gNowp� a�w w€ Y ao ow=w - = €=w a NN - p o _W 0306= 2= - so S `z gff,°a 8`yn— m a gum �o o wWn 3LL a ° p 'a mo � o �a€ CFO ma Z dam a U°8 ao �Op �s�aw ���'�^ �U 8a Al. 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W. 2 D CT Lv Q -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn SUBJECT PROPERTY DELRAY BEACH FAIRFIELD INN PLAT PLANNING AND ZONING D LOCATION MAP DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn F LL a c w z � � J - e iaoon- ag 2/ ga m - a o.. " xp _ W W he - lit - n a - LU � p F a E =�g� Wpm a z a� w feel° �..3 a O = . _ w F - j w n I „ w wo A w a z � � J - e iaoon- ag 2/ ga a -s W LU Iz no IN m d u 8osa mia 0_' N ~r ?L d c = w'm a o.. " xp _ W W he - lit - n a LU p F E =�g� Wpm a z Fa un w �..3 a -s W LU Iz no IN m d u 8osa mia 0_' N ~r ?L d c = w'm a o.. 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OQ� o ^a°o 1-Zv ) ��Q ° m O O ti O O N ° a 0 7. 0 N W (n Z a�Qa� Wawa " a iV e S'N� 2 zg�2 T4 Q _=e K -N ee73 11 11 I I i I I IW I I I _a000� offId ^In 5 LEE a=oo��wo�m��am m�am_T�oo °aLLm��LLOm z_ e m m m o ATLANTIC AVENUE (S.R. 806) ��rersroA�,.,E a�rs owarsawrre,� a�P. T sure ,. l m„ o d^ o oa- w m. ° 2' ADDITIONAL R/W sovTH rely �mc "u�i m �� �: E+ 80.05' /� vu� irons se. vrem rc a - - -. - -. 1 S 88'1 }'20" F r `PARCEL B L L/0' c a. 2' ADDITIONAL R/W AB DOMED BY THIS PLAT 1B ALLEY 1 16 Gea. re of E ` lars /0 F.P.L. ESMT J ,0 ss PARCEL E (I" AC) IZ N w — Q Cum m >owI 0 r J — m w` — N J I I I I I I I � — II� e v /0 IF.PL ESMe �ma� any w 84.98 � I z I Je I IQ'I w o 81 I I a� I Ism I � y 13z I of l a a I o1 I a o I_I 1 N I I 3.P.00 °o I Ieo ijP P °�a � aloml Imo¢/ pl \I D 8 Uo� a W `I U4 a" al a,12ow� I I 1 w :7 w Q � r s � I I II _ I N 89'07'58 W 145.35 da aoo m. I5-.E v EnEmrw m LOT 21 N no rere w z 0 BLOCK I m 6EL.. HEIGHTS o iNm :o a' s veca) IIF 16' ALLEY — �----- - - - - -- -- -- - -� I l.a so. va <s vaca I I I w 0 ®o I I I I I I � — II� e v /0 IF.PL ESMe �ma� any w 84.98 � I z I Je I IQ'I w o 81 I I a� I Ism I � y 13z I of l a a I o1 I a o I_I 1 N I I 3.P.00 °o I Ieo ijP P °�a � aloml Imo¢/ pl \I D 8 Uo� a W `I U4 a" al a,12ow� I I 1 w :7 w Q � r s � I I II _ I N 89'07'58 W 145.35 da aoo m. I5-.E v EnEmrw m LOT 21 N no rere w z 0 BLOCK I m 6EL.. HEIGHTS o iNm :o a' s veca) IIF 16' ALLEY — �----- - - - - -- -- -- - -� I l.a so. va <s vaca I I I w 0 ®o D 8 Uo� a W `I U4 a" al a,12ow� I I 1 w :7 w Q � r s � I I II _ I N 89'07'58 W 145.35 da aoo m. I5-.E v EnEmrw m LOT 21 N no rere w z 0 BLOCK I m 6EL.. HEIGHTS o iNm :o a' s veca) IIF 16' ALLEY — �----- - - - - -- -- -- - -� I l.a so. va <s vaca I I I w 0 ®o MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED GA, Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: November 13, 2013 SUBJECT: AGENDA ITEM 8.C.1 - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 RESOLUTION NO. 53-13/ ABANDONMENT OF AN ALLEY RIGHT OF WAY/ DELRAY BEACH FAIRFIELD INN ITEM BEFORE COMMISSION The item before the Commission is consideration of the abandonment of the alley right -of -way located adjacent to the proposed Delray Beach Fairfield Inn project, pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The abandonment is to accommodate development of the Delray Beach Fairfield Inn, a 4 -story 95 -room hotel that was approved by the Site Plan Review and Appearance Board on February 27, 2013. Portions of the abandoned alley will be incorporated into the project. The alley is located in the South 900 Block West Atlantic Avenue. The alley right -of -way was dedicated by the plat of Belair Heights, which was recorded in Plat Book 20, Page 45, on February 28, 1945. The area to be abandoned is 16 feet wide by approximately 464 feet long and consists of the west half of the east/west portion of the alley and that portion of the north/south alley adjacent to Lots 7 through 12. It is noted that the east half of the east /west alley was already abandoned by the City in 1984. The alley right -of -way to the south of the abandonment area is being retained to provide access within a proposed CRA parking lot at 46 SW 9th Avenue, which was approved by SPRAB on March 27, 2013. While the alley contains existing utilities, it is unimproved, so it does not provide service access to the adjacent properties. To accommodate the existing utilities that will remain, a general utility easement will be retained over the southern 250' of the abandonment area (the portion of the alley lying east of and adjacent to Lots 8 through 12). To accommodate existing utilities that will be relocated with redevelopment of the property, the proposed abandonment is in concert with the City Commission's acceptance of a "Temporary Utility Easement Agreement ", which is also being considered at this meeting. Under this agreement, a temporary utility easement will remain in force over the entire abandoned area to accommodate existing utilities until they are relocated with the redevelopment of the property. Replacement easements, which are being dedicated by Special Instruments, are depicted on the replat of the property, which is also being considered at this meeting. To protect the City's interests, the abandonment shall not be effective until both the Resolution and the Temporary Utility Easement Agreement have been recorded in the Public Records of Palm Beach County, Florida; and a reverter clause has been included in the Resolution to give the City the right to revert the abandoned roadways back to public rights -of -way if the construction of the hotel is not "substantially completed" within two (2) years of the adoption of the Resolution. REVIEW BY OTHERS Planning and Zoning Board: On May 20, 2013 abandonment and recommended approval (6 -0), by the staff report, and finding that the request Comprehensive Plan and met criteria set forth i Regulations. the Planning and Zoning Board reviewed the adopting the findings of fact and law contained in and approval thereof was consistent with the k Section 2.4.6(M)(5) of the Land Development A full analysis of the proposed abandonment, including the required findings is provided in the attached Planning and Zoning Board staff report. Community Redevelopment Agency CRA): The CRA is the current owner of the Fairfield Inn property which is being redeveloped subject to an RFP (request for proposals) issued by the CRA. Since the owner's consent form was signed by the Director of the CRA, no further review by the CRA is required. West Atlantic Redevelopment Coalition (WARC: The WARC Board reviewed the abandonment proposal at its meeting of May 8, 2013 and recommended approval on a vote of 8 to 0. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Atlantic Park Garden • Gateway • Lincoln Park Pnhlic Notice- Formal public notice has been provided to property owners within a 500' radius of the subject property. As of this date, the Planning Department has not received any letters of opposition to the abandonment. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION By motion, approve Resolution No. 53 -13 to abandon the alley as described therein, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5), of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH - -- STAFF REPORT-- - MEETING DATE: May 20, 2013 ITEM; IV. B. Abandonment of the remaining east -west alleyway and a portion of the north -south alleyway lying within Block 1 Belair Heights, in conjunction with the Delray Beach Fairfield Inn, located on the south side of West Atlantic Avenue, between SW 9th Avenue and SW 10th Avenue. I GENERAL DATA: II Applicant..... ... .......................... Prime Delray Hotel, LLC. Agent ........... ............................... Keith M. Chee -A -Tow, Avirom & Associates, Inc. Location ....... ............................... On the South side of West Atlantic Avenue between SW 10th Avenue and SW 91h Avenue Property Size .............................. 0.15 acres (6,627 sq. ft.) Future Land Use Map .................. CC (Commercial Core) Current Zoning ............................ CBD (Central Business District) Adjacent Zoning ............... North: CBD (Central Business District) East: CBD (Central Business District) South: RM (Multiple Family Residential - Medium Density) West: CBD (Central Business District) Existing Land Use ...................... Unimproved Alleyway Proposed Land Use .................... Part of Delray Beach Fairfield Inn hotel and other adjacent properties. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the alley right -of -way located adjacent to the proposed Delray Beach Fairfield Inn project. This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BAG KGROV N'D The abandonment is to accommodate development of the Delray Beach Fairfield Inn, a 4 -story 95- room hotel that was approved by the Site Plan Review and Appearance Board on February 27, 2013. Portions of the abandoned alley will be incorporated into the project. The alley is located in the South 900 Block West Atlantic Avenue. The alley right -of -way was dedicated by the plat of Belair Heights, which was recorded in Plat Book 20, Page 45, on February 28, 1945. The area to be abandoned is 16 feet wide by approximately 464 feet long and consists of the west half of the east/west portion of the alley and that portion of the north /south alley adjacent to Lots 7 through 12. It is noted that the east half of the east/west alley was already abandoned by the City in 1984. The alley right -of -way to the south of the abandonment area is being retained to provide access within a proposed CRA parking lot at 46 SW 9`" Avenue, which was approved by SPRAB on March 27, 2013. While the alley contains existing utilities, it is unimproved, so it does not provide service access to the adjacent properties. To accommodate the existing utilities that will remain, a general utility easement will be retained over the southern 250' of the abandonment area (the portion of the alley lying east of and adjacent to Lots 8 through 12). To accommodate existing utilities that will be relocated with redevelopment of the property, temporary easements will be established that will be replaced by permanent replacement easements dedicated with a replat of the property. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject alley right -of way was dedicated by the plat of Belair Heights and the owners of the adjacent properties (each side shall receive 8 feet) are entitled to the abandoned area. The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided utility easements are retained or dedicated to accommodate existing and proposed utilities. Likewise, with the retained easement over the southern portion of the abandonment area and new easement dedications with the replat, the provision of utilities by Florida Public Utilities, AT &T, Comcast and FP &L will not be affected. The utility companies will be required to sign -off an the composite utility plan which will indicate all replacement easements prior to the replat. Planning and Zoning Board Meeting of May 20, 2013 Abandonment of Alley Right -of -Way adjacent to Delray Beach Fairfield Inn Page 2 REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(5), prior to any right -of -way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right -of -way for any public purpose. The unimproved existing alley right -of -way does not provide access to the adjacent properties. All of these properties front directly on SW 9th Avenue or SW 10th Avenue. Since the utilities will be accommodated in the retained or replacement easements, there will be no further public purpose for the existing right -of -way. Therefore, a positive finding can be made. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, the unimproved existing alley right -of -way does not provide access to the adjacent properties which all front directly on SW 9th or SW 10th Avenue. Therefore, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. The existing alley is unimproved and does not provide access to the adjacent properties. The utilities will be accommodated in the retained or replacement easements. There fore, the abandonment will not result in detriment to the provision of access or utility services, and a positive finding can be made. Community Redevelopment Agency (CRA): The CRA is the current owner of the Fairfield Inn property which is being redeveloped subject to an RFP (request for proposals) issued by the CRA. Since the owner's consent form was signed by the Director of the CRA, no further review by the CRA is required. West Atlantic Redevelopment Coalition (WARC): The WARC Board reviewed the abandonment proposal at its meeting of May 8, 2103 and recommended approval on a vote of 8 to 0. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Atlantic Park Garden • Gateway • Lincoln Park Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. The Planning Department has not received any fetters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The existing unimproved alley right -of -way within the South 900 Block of West Atlantic Avenue does not provide access to the adjacent properties in the Block. The purpose of the abandonment is to accommodate the Delray Beach Fairfield Inn project. A general utility easement will be retained over the southern portion of the abandonment area to accommodate existing utilities in the alley and replacement easements will be established by a replat of the property to accommodate relocated utilities. Since the alley is not used as a means of secondary access to the adjacent properties and the utilities will be accommodated in the retained easement or replacement easements, there is no further public purpose for the existing right -of -way. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. 1. Continue with direction. 2. Move a recommendation of approval of the request for the abandonment of a portion of the alley right -of -way located within the South 900 Block of West Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. 3. Move a recommendation of denial of the request for the abandonment of a portion of the alley right -of -way located within the South 900 Block of West Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and that the required findings of LDR Section 2.4.6(M)(5) cannot be made. Move a recommendation of approval of the request for the abandonment of a portion of the alley right -of -way located within the South 900 Block of West Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Attachments: Location Map Sketch and Legal of Abandonment Area 7 W Q z z F- F- r o z z A V E N U E w U S. W, �IVu L6 ST. F1 F1 m Ln Uj ST, S. W. 2 D CT w x Ul 0 SUBJECT PROPERTY DEL RAY BEACH FA I RF I E L D INN PLANNING AND ZONING LOCATION MAP DEPARTMENT U) S. W, �IVu L6 ST. F1 F1 m Ln Uj ST, S. W. 2 D CT w x Ul -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001- 1500 \LM1365_Delray Beach Fairfield Inn SUBJECT PROPERTY DEL RAY BEACH FA I RF I E L D INN PLANNING AND ZONING LOCATION MAP DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001- 1500 \LM1365_Delray Beach Fairfield Inn A T L A N T I C A v E N u E 11 LL3 Q ST. N ALLEYWAY ABANDONMENT ALLEYWAY ABANDONMENT PLANNING AND ZONING DEPARTMENT LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning do Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Oalray Beach Fairfield Inn- Ileyway Abandonment SKETCH & DESCRIPTION 16' Platted Alley, Part of Block 1 BELAIR HEIGHTS (P.B. 20, PG. 45, P.B.C.R.) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are assumed based on the east line of the 16' Alley in Block 1, BELAIR HEIGHTS having a bearing of S 00'02'01" W. 5. This map is intended to be displayed at a scale of 1:600 (1 " =50'). 6. Units of measurement ore in U.S. Survey Feet and decimal parts thereof. 7. Abbreviation Legend: (L = Centerline; L.B. = Licensed Business; P.B.= Plat Book; P.B.C.R.= Palm Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.0.8.= Point of Beginning; R/W = Right —of —Way. LAND DESCRIPTION; The platted 16' Alley north of and adjacent to Lot 7, Block 1, BELAIR HEIGHTS, according to the Plat thereof, as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The platted 16' Alley west of and adjacent to Tract "C ", BELAIR HEIGHTS REPLAT, according to the Plat thereof, as recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The platted 16' Alley west of and adjacent to Lots 17, 18, 19, 20 and 21, Block 1, BELAIR HEIGHTS, according to the Plat thereof, as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida. ALSO DESCRIBED AS: BEGINNING at the northwest corner of said Lot 7, Block 1, BELAIR HEIGHTS; thence N 00'04'01" E along the east right —of —way line of Southwest 10th Avenue, 16.01 feet; thence S 88'13'20" E along the south line of Lots 1 & 2, Block 1 according to said plat of BELAIR HEIGHTS and the south line of Tract "B" according to said plat of BELAIR HEIGHTS REPLAT, 153.25 feet; thence S 00'02'01" W along the west line of Tract "C" according to said plot of BELAIR HEIGHTS REPLAT and the west line of Lots 17 through 21, inclusive, Block 1 according to said plat of BELAIR HEIGHTS, 326.85 feet to the southwest corner of Lot 21; thence N 89'07'58" W, 16.00 feet to the southeast corner of Lot 12, Block 1 according to said plat of BELAIR HEIGHTS; thence N 00'02'01" E along the east line of Lots 7 through 12, inclusive Block 1 according to said plot of BELAIR HEIGHTS, 311.10 feet to the northeast corner of said Lot 7; thence N 68'13'20" W along the north line of said Lot 7, a distance of 137.25 feet to the Point of Beginning. Said lands lying and situate in the City of Delray Beach, Palm Beach County, Florida, containing 7,428 square feet (0.171 acres), more or less. CERTIFICATION: HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J- 17.050 through 5J- 17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: ---------------- KEITH M. CHEE —A —TOW, P.L.S._ - -- Florida Registration No_ 5328 AIAROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM & ASSOCIATES, INC. JOB #: 7752 -5 A N —W -13 ACDITIONAL ALLEY O� a AS$pc' SURVEYING & MAPPING SCALE: 1' =30' 50 S.W. 2nd AVENUE, SUITE 102 DATE: 430 -2013 Q in BOCA RATON, FLORIDA 33432 BY: K.M.C. TEL. (561) 392 -2594, FAX (561) 394 -7125 CHECKED: M,D.A. w ww.AVIROMSURVEY.com r4eISHEDyya+ Q2012AVI ROM BASSRROyyCIAMS,IWC.abigtonmermd. F.B. NIA PG. NIA anddshlauunoteepremprod a mPedwi7hautawrafCe�pem�7sson SHEET: 1 OF 2 1 I N 89'07'58 ", W SKETCH & DESCRIPTION 50 25 0 50 REVISIONS AVIROM & ASSOCIATES, INC & ASSO� SURVEYING & MAPPING 50 S. W. 2nd AVENUE, SUITE 102 d kn BOCA BATON, FLORIDA 33432 TEL (561) 392 -2594 FAX (561) 3947125 www.AYI ROMSURVEY. com SHED AVIR0M &ASS0LYA7M1NC.e9dgRtsm"Nsd This$Wch Is Vrft pedyyof A-VIR &ASSt�CJATE$ INC. and should not 8e reR'oduudw led wHhord wdRen pe!hHSShn. 16' Platted Alley, Part of Block 'I 04 -30 -13 AnomoNAL ALLEY SCE: 1'=W BELAIR HEIGHTS SCALE IN FEET BY: K.M.C. (P.B. 20, PG. 45, RB.C.R.) ' F.B. NIA PG. NIA CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA �" — 50 Lu N LOT 1 LOT 2 TRACT "B" I O tl z I BLOCK i SEL AIR HEIGHTS REPLAT I ,HEIGHTS (P.B. 73, PC, b T O RELAIR 17,, o (P.B. 20. PG. 45, P.R.C.R.) o h SOUTH LINE Z TRACT "8" S 8813'20" E 153.25' I . _ :; :N::$8-1:3'20":;W :::::137.25' x� �a = i W RTHKEST " °ROT i NE TRACT "C" C CORN LOT 7 LOT 7 CORNER La 7 9ELAIR HEIGHTS RLPLAT ABANDONMENT (P. R. 73 PG. 17• P_6:C.R.) 16' ALLEY 8LOCK 1 UTILITY EASEMENT Q RELAIR HEIGHTS l TO BE RETAINED I (P.8 20, PG. 45, P.G.C.R.) 000 �, OVER THIS AREA I 0. LOT 8 ;, l) LOT 17 1 I N 89'07'58 ", W I I REVISIONS AVIROM & ASSOCIATES, INC & ASSO� SURVEYING & MAPPING 50 S. W. 2nd AVENUE, SUITE 102 d kn BOCA BATON, FLORIDA 33432 TEL (561) 392 -2594 FAX (561) 3947125 www.AYI ROMSURVEY. com SHED AVIR0M &ASS0LYA7M1NC.e9dgRtsm"Nsd This$Wch Is Vrft pedyyof A-VIR &ASSt�CJATE$ INC. and should not 8e reR'oduudw led wHhord wdRen pe!hHSShn. JOB #: 7752 -5 A 04 -30 -13 AnomoNAL ALLEY SCE: 1'=W DATE 4430 -2013 BY: K.M.C. CHECKED: M.D.A. F.B. NIA PG. NIA _...... SHEET: 2 OF 2 A T L A N T I C A V E N U E S T. .. z w Q I-A -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn — Alleyway Abandonment N ALLEYWAY ABANDONMENT LEGEND: ALLEYWAY PROPOSED DELRAY BEACH PLANNING AND ZONING ABANDONMENT FAIRFIELD INN DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn — Alleyway Abandonment RESOLUTION NO. 53 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT -OF -WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A GENERAL, UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER A PORTION OF THE ABANDONMENT AREA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for the abandonment of a portion of the existing 16' alley right -of -way as set forth on the plat for Belair Heights (PB 20, Page 45), being more fully described in the sketch and legal description attached hereto as Exhibit "B "; and WHEREAS, the Delray Beach Community Redevelopment Agency is the fee simple owner of land within the CITY as more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property "); and WHEREAS, Prime Delray Hotel, LLC has entered into an agreement to lease the Property from the Delray Beach Community Redevelopment Agency for the development of a Fairfield hotel on the Property (the "Project "); and WHEREAS, Prime Delray Hotel LLC, the applicant for the abandonment, intends to remove and /or relocate the existing utilities within the alley right -of -way in order to develop the Project; and WHEREAS, Prime Delray Hotel, LLC, intends to dedicate, via recorded instruments, new utility easement locations to serve the Project; and WHEREAS, the application for abandonment of said alley right -of -way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights -of- Way ", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on May 20, 2013. and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5), subject to the condition that a general utility easement be retained over the southern 250 foot portion of the alley; and WHEREAS, prior to the abandonment, a temporary utility easement will be provided over the entire alley right -of -way to accommodate existing utilities specified in the agreement until they are removed; and WHEREAS, pursuant to LDR Section 2.4.6(M), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right of way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon and retains and reserves unto itself a general utility easement over the southern 250 foot portion of the alley for the purpose of emergency access and constructing and /or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the City of Delray Beach Commission to vacate and abandon all rights and interests it holds to the real property described in Exhibit `B" except as provided for in Section 3 of this Resolution. Section 3. The City of Delray Beach Commission does not abandon and retains and reserves unto itself a general utility easement for the purpose of emergency access and constructing and /or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, over the southern 250 feet of the abandonment area, more particularly described in Exhibit "C ". Section 4. That should the construction of the Project not be "substantially completed" within two (2) years of the adoption of this Resolution, the City shall reserve the right to elect to have the abandonment of the alley as more fully described on the attached Exhibit `B" revert back to public right -of -way and this Resolution be deemed null and void. For purposes of this Resolution, the term "substantially completed" shall have the same meaning as set forth in City of Delray Beach Land Development Regulation Section 2.4.4(D), "Establishment of Project." Section 5. The abandonment shall not be effective until both this Resolution and a Temporary Utility Easement Agreement have been recorded in the Public Records of Palm Beach County, Florida. 2 RES. NO. 53 -13 PASSED AND ADOPTED in regular session on this the day of 2013. MAYOR ATTEST: CITY CLERK RES. NO. 53 -13 Exhibit "A" Legal Description Delray Beach Fairfield Inn Hotel Page 1 of 2 A PARCEL OF LAND IN PALM BEACH COUNTY, FLORIDA, SITUATE IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS: LOTS 1, 2, 7, 17, 18, 19 AND 20, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACTS "B" AND "C ", BELAIR HEIGHTS REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 73, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. FORMERLY KNOWN AS: LOTS 3, 5, 6 AND 16 AND THE VACATED ALLEY NORTH OF AND ADJACENT TO SAID LOT 16, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 20 FEET OF SAID LOTS 3, 5, AND 6 AND THE EXTERNAL ARC AREA FORMED BY THE 25.00 FOOT RADIUS AT THE NORTHEAST CORNER OF SAID LOT 6. TOGETHER WITH: THE VACATED ALLEY NORTH OF AND ADJACENT TO SAID LOT 7, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE VACATED ALLEY WEST OF AND ADJACENT TO TRACT "C ", BELAIR HEIGHTS REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 73, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE EAST ONE -HALF OF THE VACATED ALLEY WEST OF AND ADJACENT TO SAID LOTS 17, 18, 19 AND 20, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Exhibit "A" Legal Description Delray Beach Fairfield Inn Hotel Page 2 of 2 ALSO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 20, BLOCK 1, BELAIR HEIGHTS; THENCE N 89 °07'58" W ALONG THE SOUTH LINE OF SAID LOT AND ITS WESTERLY EXTENSION, 145.35 FEET; THENCE N 00 °02'01" E, 200.11 FEET; THENCE N 89 00758" W ALONG THE SOUTH LINE OF SAID LOT 7 AND ITS EASTERLY EXTENSION, 145.24 FEET TO THE EAST RIGHT -OF -WAY LINE OF SOUTHWEST 10TH AVENUE. THENCE N 00 004'01" E ALONG SAID RIGHT -OF -WAY LINE, 151.15 FEET; THENCE N 45 055'21" E, 27.86 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 806 (ATLANTIC AVENUE) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR SECTION 93550 -2601, SHEET 6 OF 8; THENCE S 88 013'20" E ALONG SAID SOUTH RIGHT -OF -WAY LINE 80.05 FEET; THENCE ALONG THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 806 AS DEDICATED AND DESCRIBED AS TRACT "A" ON SAID PLAT OF BELAIR HEIGHTS REPLAT FOR THE NEXT TWO COURSES AND DISTANCES; THENCE S 00 005'07" W, 2.00 FEET; THENCE S 88 013'20" E, 175.83 FEET TO THE POINT OF A NON - TANGENITAL CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE FROM SAID POINT BEARS S 24 051'06" W); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 65 008'54" AND AN ARC DISTANCE OF 28.43 FEET; THENCE S 00 000'00" E ALONG THE WEST RIGHT -OF- WAY LINE OF SOUTHWEST 9TH AVENUE, 342.41 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 77,422 SQUARE FEET (1.777 ACRES), MORE OR LESS. Exhibit "B" SKETCH & DESCRIPTION 16' Platted Alley, Part of Block 1 BELAIR HEIGHTS (P.B. 20, PG. 45, P.B.C.R.) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are assumed based on the east line of the 16' Alley in Block 1, BELAIR HEIGHTS having a bearing of S 00'02'01 " W. 5. This map is intended to be displayed at a scale of 1:600 (1 " =50'). 6. Units of measurement are in U.S. Survey Feet and decimal parts thereof. 7. Abbreviation Legend: � = Centerline; L.B. = Licensed Business; P.B.= Plat Book; P.B.C.R.= Palm Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B.= Point of Beginning; R/W = Right —of —Way. LAND DESCRIPTION: The platted 16' Alley north of and adjacent to Lot 7, Block 1, BELAIR HEIGHTS, according to the Plat thereof, as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The platted 16' Alley west of and adjacent to Tract "C ", BELAIR HEIGHTS REPLAT, according to the Plat thereof, as recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The platted 16' Alley west of and adjacent to Lots 17, 18, 19, 20 and 21, Block 1, BELAIR HEIGHTS, according to the Plat thereof, as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida. ALSO DESCRIBED AS: BEGINNING at the northwest corner of said Lot 7, Block 1, BELAIR HEIGHTS; thence N 00'04'01" E along the east right —of —way line of Southwest 10th Avenue, 16.01 feet; thence S 88'13'20" E along the south line of Lots 1 & 2, Block 1 according to said plat of BELAIR HEIGHTS and the south line of Tract "B" according to said plat of BELAIR HEIGHTS REPLAT, 153.25 feet; thence S 00'02'01" W along the west line of Tract "C" according to said plat of BELAIR HEIGHTS REPLAT and the west line of Lots 17 through 21, inclusive, Block 1 according to said plat of BELAIR HEIGHTS, 326.85 feet to the southwest corner of Lot 21; thence N 89'07'58" W, 16.00 feet to the southeast corner of Lot 12, Block 1 according to said plat of BELAIR HEIGHTS; thence N 00'02'01" E along the east line of Lots 7 through 12, inclusive Block 1 according to said plat of BELAIR HEIGHTS, 311.10 feet to the northeast corner of said Lot 7; thence N 88'13'20" W along the north line of said Lot 7, a distance of 137.25 feet to the Point of Beginning. Said lands lying and situate in the City of Delray Beach, Palm Beach County, Florida, containing 7,428 square feet (0.171 acres), more or less. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J- 17.050 through 5J- 17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date:--------------- - - - - -- -------------------- - - - - -- KEITH M. CHEE —A —TOW, P.L.S. Florida Registration No. 5328 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM & ASSOCIATES, INC. JOB #: 7752 -5 A 04 -30 -13 ADDITIONAL ALLEY �01� 8 ASSO �Y+► SURVEYING & MAPPING SCALE: 1" = 30' '''' 50 S. W. 2nd AVENUE, SUITE 102 DATE: 4-30 -2013 wm BOCA RATON, FLORIDA 33432 BY: K.M.C. TEL. (561) 392 -2594, FAX (561) 394 -7125 CHECKED: M.D.A. www.AVIROMSURVEY.com �ST'OBL /SHED �g$� ©2012 AVIROM &ASSOCIATES, INC. all dghts/esaved. F.B. NIA PG. N/A This sketch is the prop��rttyy Of AVIROM & ASSOCIATES, INC. and should not 6a reprodu0ad orcopred wilhout wnHen p-- Isslon. SHEET: 1 OF 2 ti Exhibit "B" SKETCH & DESCRIPTION 16' Platted Alley, Part of Block 1 BELAIR HEIGHTS (P.B. 20, PG. 45, P.B.C.R.) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA 50 25 0 50 SCALE IN FEET 1" - 50 LOT 1 LOT 2 TRACT "B" O BLOCK I BELAIR HEIGHTS REPLA T BELAIR 1HEIGHTS (p"" 73' PG' 17' P-13-C-R-) (P. B. 20, PG. 45, P.B.C.R.) SOUTH LINE TRACT "B" S 88-13'20- E 153.25' ...................................................................... .................................................................. ............................................. N 88*13'20" W 1 137.25' ........ P. 0. B. NORTH LINE NORTHWEST LOT 7 TRA C T '"C" CORNER NORTHEAST-1 BELAIR HEIGHTS REPLAT LOT 7 LOT 7 CORNER LOT 7 ........ (P.B. 73, PG. 17, P.B.C.R.) ABANDONMENT ........ 16' ALLEY ........ BLOCK 1 . . ........ BELAIR HEIGHTS LO (P.B. 20, PG. 45, P.B.C.R.) ....... 00 tD LOT 8 04 LOT 17 0. N N LOT 9 o LOT 18 � La cs V3 'z QL br:: 3 S Z LOT 10 m -C14 0 LOT 19 P 0 0 V) ui LOT 11 C*4.::::::: LOT 20 0 0 Z........ LOT 12 ....... LOT 21 SOUTHEAST ....... SOUTHWEST CORNER LOT 1�2 ... CORNER LOT 21 LOT 11 16.00' LOT 22 N 89'07'58" W REVISIONS A VIROM & ASSOCIATES, INC. JOB 7752-5 A 04-30-13 ADDITIONAL ALLEY & ASSO SURVEYING & MAPPING SCALE: 1. = 50' 0 50 S. W- 2nd AVENUE, SUITE 102 DATE: 04-30-2013 m BOCA RATON, FLORIDA 33432 BY: K.M.C. TEL. (561) 392-2594, FAX (561) 394-7125 www.AVIROMSURVEY.com CHECKED: M.D.A. 2012 AVIROM & ASSOCIATES, INC. all rights -s-, F.B. N/A PG. N/A ,A,,;d This sketch is boro=y ofA VIROM & ASSOC and should repro ce or copied without written permlsabn. SHEET: 2 OF 2 Exhibit "C" DESCRIPTION: A PORTION OF THAT CERTAIN 16 FOOT WIDE ALLEY ADJOINING LOTS 8 THROUGH 12, BLOCK 1 AND LOTS 17 THROUGH 21, BLOCK 1, BELAIR HEIGHTS, AS RECORDED IN PLAT BOOK 20, PAGE 45 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 17, BLOCK 1; THENCE S.00 °02'01 "W. ALONG THE WEST LINE OF SAID LOTS 17 THROUGH 21, BLOCK 1, A DISTANCE OF 250.13 FEET TO THE SOUTHWEST CORNER OF SAID LOT 21, BLOCK 1; THENCE N.89 °07'58 "W., A DISTANCE OF 16.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 12, BLOCK 1; THENCE N.00 °02'01 "E. ALONG THE EAST LINE OF SAID LOTS 7 THROUGH 12, BLOCK 1, A DISTANCE OF 250.13 FEET TO THE NORTHEAST CORNER OF SAID LOT 7, BLOCK 1; THENCE S.89 °07'58 "E., A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS -OF -WAY OF RECORD. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF S.00 °02'01 "W ALONG THE WEST LINE OF LOTS 17 THROUGH 21, BLOCK 1, BELAIR HEIGHTS. 4. ALL FIELD MEASURED ANGLES AND DISTANCES ARE CONSISTENT WITH THE INSTRUMENTS OF RECORD. 5. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JUNE 10, 2013. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J -17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. CAULFIELD & WHEELER, INC. 0 CIVIL ENGINEERING - LAND SURVEYING Q 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 DELRAY FAIRFIELD EASEMENT SKETCH OF DESCRIPTION AVID P. LINDLEY EGISTERED LAND URVEYOR NO. 5005 TATE OF FLORIDA 3# 3591 SHEET 1 OF 2 DATE 6/10/13 DRAWN BY JC F.B./ PG. N/A SCALE AS SHOWN JOB N0.6488-ESMT LOT 7 N.E. CORNER OF LOT 8 LOT 8 EAST LINE OF LOTS 8 -12 Exhibit "C" TRACT "C" BELAIR HEIGHTS REPLAT S89'07'58 "E (PLAT BOOK 73, PAGE 17) LOT 9 7 7 N N LOT 10 BLOCK 1 J� BELAIR HEIGHTS (PLAT BOOK 20, PAGE 45) ¢N Y O O m ~ 3 W J A a O p LOT 11 0 cq O p O p Z cn LOT 12 S.E. CORNER OF LOT 12 N89'07' 8 "W 16.00 NORTH 40 20 0 20 40 GRAPHIC SCALE (IN FEET) POINT OF BEGINNING N.W. CORNER OF LOT 17 LOT 17 WEST LINE OF LOTS 17 -21 (BEARING BASIS) LOT 18 LOT 19 BLOCK 1 BELAIR HEIGHTS (PLAT BOOK 20, PAGE 45) LOT 20 LOT 21 S.W. CORNER OF LOT 21 CAULFIELD & WHEELER, INC. gre C IVIL ENGINEERING - LAND SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 DELRAY FAIRFIELD EASEMENT SKETCH OF DESCRIPTION LOT 22 W �w WZW�Q >�w 0 Q N 0o E0 m 3�Q (n J d u SHEET 2 OF 2 DATE 6/10/1 3 DRAWN BY JC F.B./ PG. N/A SCALE AS SHOWN JOB N0.6488—ESMT MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED GA, Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: November 13, 2013 SUBJECT: AGENDA ITEM 8.C.2 - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 RESOLUTION NO. 54- 13/EASEMENT ABANDONMENT/DELRAY BEACH FAIRFIELD INN ITEM BEFORE COMMISSION The item before the Commission is consideration of the abandonment of a general utility easement located within the proposed Delray Beach Fairfield Inn project, pursuant to LDR Section 2.4.6(N), Abandonment of Public Easements. BACKGROUND The abandonment is to accommodate development of the Delray Beach Fairfield Inn, a 4 -story 95 -room hotel located within the South 900 Block of West Atlantic Avenue that was approved by the Site Plan Review and Appearance Board on February 27, 2013. The general utility easement was dedicated both by the plat for Belair Heights Replat (PB 73, Page 17) and again by Easement Deed, as recorded in Official Records Book 4372, Page 616 of the Public Records of Palm Beach County, Florida. The easement consists of a 16 foot by 137 foot area that was originally the east half of the platted east/west alley right -of -way in the block, prior to this portion of the alley being abandoned. Abandonment of the remaining alley right -of -way adjacent to the hotel project is also being considered at this meeting. The easement contains existing utilities that are in the process of being removed. To accommodate these utilities until the removal is completed, the proposed abandonment is in concert with the City Commission's acceptance of a "Temporary Utility Easement Agreement ", which is also being considered at this meeting. Under this agreement, a temporary utility easement will remain in force over the entire abandoned area to accommodate existing utilities until they are relocated with the redevelopment of the property. Replacement easements, which are being dedicated by Special Instruments, are depicted on the replat of the property, which is also being considered at this meeting. To protect the City's interests, the abandonment shall not be effective until both the Resolution and the Temporary Utility Easement Agreement have been recorded in the Public Records of Palm Beach County, Florida. Required Findings Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area. Since the utilities in the existing easement are being relocated on the property, the abandonment of the easement will not be detrimental to the provision of utility services on adjacent properties or the general area. Pursuant to the above, a positive finding with respect to LDR Section 2.4.6(N)(5) can be made. REVIEW BY OTHERS The developer has coordinated plans with the utility companies to provide replacement easements for the utilities which are being relocated to accommodate the development of the hotel. The City Engineer has reviewed the abandonment request and has no objection to the abandonment provided the existing utilities are accommodated. A temporary easement is being provided to cover the existing utilities until they are removed. RECOMMENDATION By motion, approve Resolution No. 54 -13 to abandon the easement as described therein, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5), of the Land Development Regulations. RESOLUTION NO. 54 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A GENERAL UTILITY EASEMENT LOCATED ON A WEST ATLANTIC AVENUE REDEVELOPMENT SITE OWNED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for the abandonment of a general utility easement as set forth on the plat for Belair Heights Replat (PB 73, Page 17) and also dedicated by Easement Deed, as recorded in Official Records Book 4372, Page 616 of the Public Records of Palm Beach County, Florida, being more fully described in the sketch and legal description attached hereto as Exhibit "B "; and WHEREAS, the Delray Beach Community Redevelopment Agency is the fee simple owner of land within the CITY as more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property "); and WHEREAS, Prime Delray Hotel, LLC has entered into an agreement to lease the Property from the Delray Beach Community Redevelopment Agency for the development of a Fairfield hotel on the Property (the "Project "); and WHEREAS, Prime Delray Hotel LLC, the applicant for the abandonment, intends to remove and /or relocate the existing utilities within the easement in order to develop the Project; and WHEREAS, Prime Delray Hotel, LLC, intends to dedicate, via recorded instruments, new easement locations to serve the Project; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements ", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, prior to the abandonment, a temporary utility easement will be provided over the existing easement area to accommodate existing utilities specified in the agreement until they are removed; and WHEREAS, pursuant to LDR Section 2.4.6 (N) (3) (c), the application was forwarded to the City Commission with the staff recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area; that its interest in the described property is no longer needed for the public good; and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "B ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "B" Section 3. The abandonment shall not be effective until both this Resolution and a Temporary Utility Easement Agreement have been recorded in the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the day of 2013. ATTEST: CITY CLERK MAYOR 2 RES. NO. 54 -13 Exhibit "A" Legal Description Delray Beach Fairfield Inn Hotel Page 1 of 2 A PARCEL OF LAND IN PALM BEACH COUNTY, FLORIDA, SITUATE IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS: LOTS 1, 2, 7, 17, 18, 19 AND 20, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACTS "B" AND "C ", BELAIR HEIGHTS REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 73, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. FORMERLY KNOWN AS: LOTS 3, 5, 6 AND 16 AND THE VACATED ALLEY NORTH OF AND ADJACENT TO SAID LOT 16, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 20 FEET OF SAID LOTS 3, 5, AND 6 AND THE EXTERNAL ARC AREA FORMED BY THE 25.00 FOOT RADIUS AT THE NORTHEAST CORNER OF SAID LOT 6. TOGETHER WITH: THE VACATED ALLEY NORTH OF AND ADJACENT TO SAID LOT 7, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE VACATED ALLEY WEST OF AND ADJACENT TO TRACT "C ", BELAIR HEIGHTS REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 73, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE EAST ONE -HALF OF THE VACATED ALLEY WEST OF AND ADJACENT TO SAID LOTS 17, 18, 19 AND 20, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Exhibit "A" Legal Description Delray Beach Fairfield Inn Hotel Page 2 of 2 ALSO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 20, BLOCK 1, BELAIR HEIGHTS; THENCE N 89 °07'58" W ALONG THE SOUTH LINE OF SAID LOT AND ITS WESTERLY EXTENSION, 145.35 FEET; THENCE N 00 °02'01" E, 200.11 FEET; THENCE N 89 00758" W ALONG THE SOUTH LINE OF SAID LOT 7 AND ITS EASTERLY EXTENSION, 145.24 FEET TO THE EAST RIGHT -OF -WAY LINE OF SOUTHWEST 10TH AVENUE. THENCE N 00 004'01" E ALONG SAID RIGHT -OF -WAY LINE, 151.15 FEET; THENCE N 45 055'21" E, 27.86 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 806 (ATLANTIC AVENUE) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR SECTION 93550 -2601, SHEET 6 OF 8; THENCE S 88 013'20" E ALONG SAID SOUTH RIGHT -OF -WAY LINE 80.05 FEET; THENCE ALONG THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 806 AS DEDICATED AND DESCRIBED AS TRACT "A" ON SAID PLAT OF BELAIR HEIGHTS REPLAT FOR THE NEXT TWO COURSES AND DISTANCES; THENCE S 00 005'07" W, 2.00 FEET; THENCE S 88 013'20" E, 175.83 FEET TO THE POINT OF A NON - TANGENITAL CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE FROM SAID POINT BEARS S 24 051'06" W); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 65 008'54" AND AN ARC DISTANCE OF 28.43 FEET; THENCE S 00 000'00" E ALONG THE WEST RIGHT -OF- WAY LINE OF SOUTHWEST 9TH AVENUE, 342.41 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 77,422 SQUARE FEET (1.777 ACRES), MORE OR LESS. Exhibit "B" SKETCH & DESCRIPTION 16' Platted General Utility Easement, Part of Tract "C" BELAIR HEIGHTS REPLAT (P.B. 73, PG. 17, P.B.C.R.) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are assumed based on the west right —of —way line of Southwest 9th Avenue, BELAIR HEIGHTS REPLAT having a bearing of S 00'00'00" W. 5. This map is intended to be displayed at a scale of 1:360 (1 " =30'). 6. Units of measurement are in U.S. Survey Feet and decimal parts thereof. 7. Abbreviation Legend: � = Centerline; L.B. = Licensed Business; P.B.= Plat Book; P.B.C.R.= Palm Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B.= Point of Beginning; R/W = Right —of —Way. LAND DESCRIPTION. The platted 16' General Utility Easement being a portion of Tract "C ", BELAIR HEIGHTS REPLAT, according to the Plat thereof, as recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County, Florida. ALSO DESCRIBED AS: BEGINNING at the northeast corner of said Tract "C ", BELAIR HEIGHTS REPLAT; thence S 00'00'00" W along the west right —of —way line of Southwest 9th Avenue, 16.01 feet; thence N 88'13'20" W along a line 16 feet south of and parallel with the north line of said Tract "C ", 137.25 feet; thence N 00'02'01" E along the west line of said Tract "C ", 16.01 feet to the northwest corner of said Tract "C "; thence S 88'13'20" E along the north line of said Tract "C ", 137.24 feet to the Point of Beginning. Said lands lying and situate in the City of Delray Beach, Palm Beach County, Florida, containing 2,196 square feet (0.050 acres), more or less. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J- 17.050 through 5J- 17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date:--------------- - - - - -- -------------------- - - - - -- KEITH M. CHEE —A —TOW, P.L.S. Florida Registration No. 5328 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM & ASSOCIATES, INC. JOB #: 7752 -5 E IoM $ ASSO, �� SURVEYING & MAPPING SCALE: 1"= 30' 50 S. W. 2nd AVENUE, SUITE 102 DATE: 12 -05 -2012 R m BOCA RATON, FLORIDA 33432 BY: K.M.C. TEL. (561) 392 -2594, FAX (561) 394 -7125 www.AVIROMSURVEY.com CHECKED: M.D.A. FsTAB[ISHEL) ©2012 AVIROM &ASSOCIATES, INC. all ngMSreserved. F.B. N/A PG. N/A This sketch is nre propsrty of A VIROM & ASSOCIATES, INC. and should not be reproduced or cepled without wrden permission. SHEET: 1 O F 2 Exhibit "B" SKETCH & DESCRIPTION 16' Platted General Utility Easement, Part of Tract "C" BELAIR HEIGHTS REPLAT (P.B. 73, PG. 17, P.B.C.R.) CITY OF DELRAY BEACH; PALM BEACH COUNTY, FLORIDA West Atlantic Avenue i 16' ALLEY BELAIR HEIGHTS (P.B. 20, PG. 45, P.B.C.R.) i TRACT "B" BELAIR HEIGHTS REPLAT (P.B. 73, PG. 17, P. B. C. R.) ABANDONMENT 16' General Utility Easement BELAIR HEIGHTS REPLAT (P.8. 73, PG. 17, P. B. C. R.) NORTHWEST W I� J I� P. O. B. NORTHEAST 0 z 25' T �y nC W LOT 7 CORNER TRACT "C" NORTH LINE CORNER z BLOCK 1 TRACT "C" TRACT "C° BELAIR HEIGHTS (3 � Q R (P.B. 20, PG. 45, P.B.C.R.) S 88'13'20" E 137.24' 1 1" =30' -j ........................... .............................. ............................... W w 7752 -5 E ...2,196 Squlr Fet (0.50 c s ASSO, o m SCALE: 1"= 30' ........ IoM 2 50 S. W. 2nd AVENUE, SUITE 102 ........................................ ............................... � O BLOCK 1 ROCA BATON, FLORIDA 33432 BY: BELAIR HEIGHTS 0 CA (P.B. 20, PG. 45, P. B. C. R.) N 88 °13'20" W 137.25' i N m P �sT'IBLISHED www AVIROMSURVEY com CHECKED: �o O LINE 16' SOUTH OF 19 Z i NORTH LINE OF TRACT "C" PG. WA LOT 7 z BLOCK 1 J BELAIR HEIGHTS (3 � Q R (P.B. 20, PG. 45, P.B.C.R.) to _ 1" =30' -j REVISIONS AVIROM & ASSOCIATES, INC. JOB #: 7752 -5 E s ASSO, m N SCALE: 1"= 30' IoM 50 S. W. 2nd AVENUE, SUITE 102 DATE: LOT 8 R BLOCK 1 ROCA BATON, FLORIDA 33432 BY: BELAIR HEIGHTS (P.B. 20, PG. 45, P. B. C. R.) TEL. (561) 392 -2594, FAX (561) 394 -7125 i TRACT "C" BELAIR HEIGHTS REPLAT (P.B. 73, PG. 17, P. B. C. R.) LOT 17 BLOCK 1 BELAIR HEIGHTS (P.B. 20, PG. 45, P.B.C.R.) K-4h, s 0) nN W Z .4.0 10 -- 25' V/ I I 30 0 30 60 GRAPHIC SCALE IN FEET 1" =30' REVISIONS AVIROM & ASSOCIATES, INC. JOB #: 7752 -5 E s ASSO, SURVEYING & MAPPING SCALE: 1"= 30' IoM 50 S. W. 2nd AVENUE, SUITE 102 DATE: 12 -05-2012 R m ROCA BATON, FLORIDA 33432 BY: K.M.C. TEL. (561) 392 -2594, FAX (561) 394 -7125 �sT'IBLISHED www AVIROMSURVEY com CHECKED: M.D.A. 19 ©2012 AVIROM 8 ASSOCIATES, INC. all rights reserved. F.B. WA PG. WA This sketch is the property of AVIROM 8 ASSOCIATES, INC. and should not be reproduced or copied without written permission. SHEET' 2 0 F 2 A T L A N T I C A V E N U E S T. .. z w Q I-A -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn—Easement Abandonment N EASEMENT ABANDONDMENT PLANNING AND ZONING EASEMENT ABANDONMENT PROPOSED DELRAY BEACH FAIRFIELD INN DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn—Easement Abandonment Sim 0. .1 A, i� I ii ` El MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED GA, Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: November 13, 2013 SUBJECT: AGENDA ITEM 8.C.3 - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 TEMPORARY UTILITY EASEMENT AGREEMENT/ CRA/ DELRAY BEACH FAIRFIELD INN ITEM BEFORE COMMISSION The item before the Commission is acceptance of a "Temporary Utility Easement Agreement" between the City and the CRA which will be provided over an existing alley right -of -way and general utility easement which are being abandoned to accommodate the development of the Delray Beach Fairfield Inn project, located in the 900 Block of West Atlantic Avenue. BACKGROUND This agreement is in concert with the abandonment of the alley right -of -way and general utility easement, which are also being considered at this meeting (Resolutions 53 -13 and 54 -13). The alley and easement contain existing utilities that are in the process of being removed. Under the agreement, the temporary utility easement will remain in force over the abandoned areas to accommodate the existing utilities until they are relocated with the redevelopment of the property. Replacement easements, which are being dedicated by Special Instrument, are depicted on the replat of the property being considered at this meeting. The Agreement will automatically terminate upon the issuance of a letter by the City Engineer providing that all utilities located within the abandoned areas have been removed (said letter will not be issued until approved documentation, as determined by the City Engineer, has been submitted from each utility company indicating that its utilities have been removed). RECOMMENDATION By motion, accept the "Temporary Utility Easement Agreement" between the City and the Community Redevelopment Agency. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 TEMPORARY UTILITY EASEMENT AGREEMENT THIS TEMPORARY UTILITY EASEMENT AGREEMENT (the "Agreement "), made this day of , 2013, by and between DELRAY BEACH CRA, a Florida public agency created pursuant to Chapter 163, Florida Statutes, with a mailing address of 20 N Swinton Avenue, Delray Beach, Florida 33444, ( "OWNER "), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, ( "CITY "): WHEREAS, OWNER is the fee simple owner of land within the CITY as more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property "); and WHEREAS, OWNER has entered into an agreement to lease the Property to Prime Delray Hotel, LLC. for the development of a Fairfield hotel on the Property (the "Project "); and WHEREAS, OWNER is in the process of obtaining approval from CITY to abandon 1.) the existing alley right -of -way described in the sketch and legal attached hereto as Exhibit `B ", and 2.) the existing General Utility Easement (G.U.) described in the sketch and legal attached hereto as Exhibit "C ", in order to allow Prime Delray Hotel, LLC, to develop the Project; and WHEREAS, Prime Delray Hotel, LLC, intends to remove and /or relocate the existing utilities within the alley right -of -way and G.U. in order to develop the Project; and WHEREAS, Prime Delray Hotel, LLC, intends to dedicate, via recorded instrument, new utility easement locations to serve the Project; and WHEREAS, as a condition of CITY's approval of the Abandonment, CITY has required OWNER to enter into this Agreement; and NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. OWNER hereby grants to the owners of the existing utilities in the property described in Exhibit "B" and Exhibit "C ", attached hereto ( "together the Easement Property "), a non - exclusive easement for ingress and egress to enter upon, across, over and under said property, for the purpose of repair and maintenance of any existing utilities. The parties hereby agree that the OWNER shall be responsible for the maintenance, replacement and repair of the Easement Property herein until termination occurs as set forth in Paragraph 3. 2. The parties agree that this Agreement shall be recorded in the Public Records of Palm Beach County, Florida. The rights and obligations granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the Property described in Exhibit "A ". Temporary Utility Easement Agreement Page 2 of 2 3. This Agreement shall automatically terminate upon the issuance of a letter by the City Engineer providing the east -west overhead lines located within the alley right -of -way and G.U. have been removed; the gas line located within the G.U. has been removed; and new permanent easements are provided. (Said letter will not be issued until approved documentation, as determined by the City Engineer, has been submitted from each utility company indicating that its utilities have been removed, and new permanent easements are provided). IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered DELRAY BEACH CRA in the presence of By: (Name printed or typed) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this by or who has produced ATTEST: City Clerk Approved as to Form: City Attorney as identification. day of , 2013 who is personally known to me Signature of Notary Public — State of Florida CITY OF DELRAY BEACH, FLORIDA M. CARY GLICKSTEIN, MAYOR Fxh;h;t "A" Legal Description Delray Beach Fairfield Inn Hotel Page 1 of 2 A PARCEL OF LAND IN PALM BEACH COUNTY, FLORIDA, SITUATE IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS: LOTS 1, 2, 7, 17, 18, 19 AND 20, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACTS "B" AND "C ", BELAIR HEIGHTS REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 73, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. FORMERLY KNOWN AS: LOTS 3, 5, 6 AND 16 AND THE VACATED ALLEY NORTH OF AND ADJACENT TO SAID LOT 16, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 20 FEET OF SAID LOTS 3, 5, AND 6 AND THE EXTERNAL ARC AREA FORMED BY THE 25.00 FOOT RADIUS AT THE NORTHEAST CORNER OF SAID LOT 6. TOGETHER WITH: THE VACATED ALLEY NORTH OF AND ADJACENT TO SAID LOT 7, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE VACATED ALLEY WEST OF AND ADJACENT TO TRACT "C ", BELAIR HEIGHTS REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 73, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE EAST ONE -HALF OF THE VACATED ALLEY WEST OF AND ADJACENT TO SAID LOTS 17, 18, 19 AND 20, BLOCK 1, BELAIR HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 45,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Fxh;h;t "A" Legal Description Delray Beach Fairfield Inn Hotel Page 2 of 2 ALSO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 20, BLOCK 1, BELAIR HEIGHTS; THENCE N 89 °07'58" W ALONG THE SOUTH LINE OF SAID LOT AND ITS WESTERLY EXTENSION, 145.35 FEET; THENCE N 00 °02'01" E, 200.11 FEET; THENCE N 89 00758" W ALONG THE SOUTH LINE OF SAID LOT 7 AND ITS EASTERLY EXTENSION, 145.24 FEET TO THE EAST RIGHT -OF -WAY LINE OF SOUTHWEST 10TH AVENUE; THENCE N 00 004'01" E ALONG SAID RIGHT -OF -WAY LINE, 151.15 FEET; THENCE N 45 055'21" E, 27.86 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 806 (ATLANTIC AVENUE) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR SECTION 93550 -2601, SHEET 6 OF 8; THENCE S 88013'20" E ALONG SAID SOUTH RIGHT -OF -WAY LINE 80.05 FEET; THENCE ALONG THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 806 AS DEDICATED AND DESCRIBED AS TRACT "A" ON SAID PLAT OF BELAIR HEIGHTS REPLAT FOR THE NEXT TWO COURSES AND DISTANCES; THENCE S 00 005'07" W, 2.00 FEET; THENCE S 88013'20" E, 175.83 FEET TO THE POINT OF A NON - TANGENITAL CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE FROM SAID POINT BEARS S 24 051'06" W); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 65 008'54" AND AN ARC DISTANCE OF 28.43 FEET; THENCE S 00 000'00" E ALONG THE WEST RIGHT -OF- WAY LINE OF SOUTHWEST 9TH AVENUE, 342.41 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 77,422 SQUARE FEET (1.777 ACRES), MORE OR LESS. Exhibit "B" SKETCH & DESCRIPTION 16' Platted Alley, Part of Block 1 BELAIR HEIGHTS (P.B. 20, PG. 45, P.B.C.R.) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are assumed based on the east line of the 16' Alley in Block 1, BELAIR HEIGHTS having a bearing of S 00'02'01" W. 5. This map is intended to be displayed at a scale of 1:600 (1 " =50'). 6. Units of measurement are in U.S. Survey Feet and decimal parts thereof. 7. Abbreviation Legend: GL = Centerline; L.B. = Licensed Business; P.B.= Plat Book; P.B.C.R.= Palm Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B.= Point of Beginning; R/W = Right —of —Way. LAND DESCRIPTION: The platted 16' Alley north of and adjacent to Lot 7, Block 1, BELAIR HEIGHTS, according to the Plat thereof, as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The platted 16' Alley west of and adjacent to Tract "C ", BELAIR HEIGHTS REPLAT, according to the Plat thereof, as recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The platted 16' Alley west of and adjacent to Lots 17, 18, 19, 20 and 21, Block 1, BELAIR HEIGHTS, according to the Plat thereof, as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida. ALSO DESCRIBED AS: BEGINNING at the northwest corner of said Lot 7, Block 1, BELAIR HEIGHTS; thence N 00'04'01" E along the east right —of —way line of Southwest 10th Avenue, 16.01 feet; thence S 88'13'20" E along the south line of Lots 1 & 2, Block 1 according to said plat of BELAIR HEIGHTS and the south line of Tract "B" according to said plat of BELAIR HEIGHTS REPLAT, 153.25 feet; thence S 00'02'01" W along the west line of Tract "C" according to said plat of BELAIR HEIGHTS REPLAT and the west line of Lots 17 through 21, inclusive, Block 1 according to said plat of BELAIR HEIGHTS, 326.85 feet to the southwest corner of Lot 21; thence N 89'07'58" W, 16.00 feet to the southeast corner of Lot 12, Block 1 according to said plat of BELAIR HEIGHTS; thence N 00'02'01" E along the east line of Lots 7 through 12, inclusive Block 1 according to said plat of BELAIR HEIGHTS, 311.10 feet to the northeast corner of said Lot 7; thence N 88'13'20" W along the north line of said Lot 7, a distance of 137.25 feet to the Point of Beginning. Said lands lying and situate in the City of Delray Beach, Palm Beach County, Florida, containing 7,428 square feet (0.171 acres), more or less. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J- 17.050 through 5J- 17.052. Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — KEITH M. CHEE —A —TOW, P.L.S. Florida Registration No. 5328 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM & ASSOCIATES, INC. JOB # 7752 -5 A 04 -30 -13 ADDITIONAL ALLEY g ASS SCALE: 1" = 30' o SURVEYING &MAPPING 50 S. W. 2nd AVENUE, SUITE 102 DATE: 4 -30 -2013 a mm BOCA RATON, FLORIDA 33432 BY: K.M.C. TEL. (561) 392 -2594, FAX (561) 394 -7125 CHECKED: M.D.A. www.AVI ROMSURVEY. com LISHED j9� ©2012 A VIROM B ASSOCIATES, INC. aN rights reserved. F.B. NIA PG. N/A This sketch Is the pro of AVIROM 8 ASSOCIATES, INC. and should not, re aced o'c' w. , wntten permission. SHEET: 1 O F 2 ti O z Exhibit "E" SKETCH & DESCRIPTION 16' Platted Alley, Part of Block 1 BELAIR HEIGHTS (P.B. 20, PG. 45, P.B.C.R.) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA w 50 25 0 50 SCALE IN FEET 1" = 50 o I Z N LOT 1 LOT 2 TRACT "B" O BLOCK 1 BELAIR HEIGHTS REPLAT ti - BELAIR (HEIGHTS (P.B. 73, PG. 17, P.B.C.R.) O S ti ' O o o (P. B. 20, PG. 45, P. B. C. R.) i SOUTH LINE Z 1 / TRACT 'B" \ S 88'13'20" E 1/ 153.25' I z W N 88'13 20� W 137.25' I a 0 O.B.T NORTH LINE 3 TRACT "C" CORNER NORTHEAST BELAIR HEIGHTS REPLAT \ LOT 7 LOT 7 CORNER LOT 7 (P,B. 73, PG. 17, P.B.C.R.) I ABANDONMENT Lo > I 16' LEY BLOCK BELAIR HEIGHTS LO (P. B. 20, PG. 45, P.B.C.R.) 00 tp LOT 8 M LOT 17 b -- N r LOT 9 Q o w : �, LOT 18 �~ I U 2v Y w — W m Ja p N � 3 J 4 Q m: j m w o I LOT 10 m o z LOT 19 a °m O I � LOT 11 N LOT 20 0 I I LOT LOT 12 SOUTHEAST CORNER LOT 12 13 16.00' — N 89'07'58" W LOT 21 SOUTHWEST CORNER LOT 21 LOT 22 REVISIONS BASS o m �Sr'aQUSHED t9g1 AVIROM & ASSOCIATES, INC. SURVEYING &MAPPING 50 S. W. 2nd AVENUE, SUITE 102 BOCA BATON, FLORIDA 33432 TEL. (561) 392 -2594, FAX (561) 394 -7125 www.AVIROMSURVEY.com ©2012 AVIROM&ASSOCIATES, INC. a# rights reserved. This sketch is the propsrry of AVIROM 8 ASSOCIATES, INC. and should not be reproduced orcopled wdhout wrlCen pemdssron. JOB #: 7752 -5 A 04 -30 -13 ADDITIONAL ALLEY SCALE: 1 " =50' DATE: 04-30 -2013 BY: K.M.C. CHECKED: M.D.A. F.B. NIA PG. WA SHEET' 2 OF 2 Exhibit "C" SKETCH & DESCRIPTION 16' Platted General Utility Easement, Part of Tract "C" BELAIR HEIGHTS REPLAT (P.B. 73, PG. 17, P.B.C.R.) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are assumed based on the west right —of —way line of Southwest 9th Avenue, BELAIR HEIGHTS REPLAT having a bearing of S 00'00'00" W. 5. This map is intended to be displayed at a scale of 1:360 (1 " =30'). 6. Units of measurement are in U.S. Survey Feet and decimal parts thereof. 7. Abbreviation Legend: CL = Centerline; L.B. = Licensed Business; P.B.= Plat Book; P.B.C.R.= Palm Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B.= Point of Beginning; R/W = Right —of —Way. LAND DESCRIPTION: The platted 16' General Utility Easement being a portion of Tract "C ", BELAIR HEIGHTS REPLAT, according to the Plat thereof, as recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County, Florida. ALSO DESCRIBED AS: BEGINNING at the northeast corner of said Tract "C ", BELAIR HEIGHTS REPLAT; thence S 00'00'00" W along the west right —of —way line of Southwest 9th Avenue, 16.01 feet; thence N 88'13'20" W along a line 16 feet south of and parallel with the north line of said Tract "C ", 137.25 feet; thence N 00'02'01" E along the west line of said Tract "C ", 16.01 feet to the northwest corner of said Tract "C "; thence S 88'13'20" E along the north line of said Tract "C ", 137.24 feet to the Point of Beginning. Said lands lying and situate in the City of Delray Beach, Palm Beach County, Florida, containing 2,196 square feet (0.050 acres), more or less. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J- 17.050 through 5J- 17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — KEITH M. CHEE —A —TOW, P.L.S. Florida Registration No. 5328 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM & ASSOCIATES, INC. JOB #: 7752 -5 E A &SO, SURVEYING & MAPPING SCALE: 1"= 30' 50 S. W. 2nd AVENUE, SUITE 102 DATE: 12 -05 -2012 R m BOCA RATON, FLORIDA 33432 BY K.M.C. TEL. (561) 392 -2594, FAX (561) 394 -7125 www.AVIROMSURVEY.aom CHECKED: M.D.A. �sr'9B[ISHED j9a1 ©2012 AVIROM& ASSOCIA TES, INC. all rights reserved. F.B. NIA PG. N/A This sketch is the pro rtv of AVIRO &ASSOCIATES,INc. SHEET: 1 OF 2 and should not be rep uced or copied without written permission. Exhibit "C" SKETCH & DESCRIPTION 16' Platted General Utility Easement, Part of Tract "C" BELAIR HEIGHTS REPLAT (P.B. 73, PG. 17, P.B.C.R.) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA West Atlantic Avenue TRACT "8u BELAIR HEIGHTS REPLAT (P.B. 73, PG 17, P.B. C.R.) 0 z 25 LOT 7 0 30 60 GRAPHIC SCALE IN FEET 1" =30' z BLOCK 1 REVISIONS IoM 0 & ASSO�,9� a m Fr'AS ,9a USHED BELAIR HEIGHTS ABANDONMENT IJ (P.B. 20, PG. 45, P. B. C. R.) tia LAJ 11"= 30' 16' General Utility Easement J2v i BELAIR HEIGHTS REPLAT K.M.C. CHECKED: (P.B. 73, PG. 17, P.B.C.R.) A 0 B. NOR THEEST NORTHEAST CORNER TRACT °C "' NORTH LINE CORNER F.B. NSA PG. WA TRACT " "C "" TRACT "C" I SHEET: 2 OF 2 - - - - - - S 88'13'20" E 137.24' 16 ALLEY BELAIR HEIGHTS W BELAIR HEIGHTS (P. B. W Z, 196 Squtaro Feet (0.050 acre 11 .. oQ o 'oo m 20, PG 45, P.B.CR.) / .. .. U -- - -� _ O --------------------------------------------------- - - - - -- ------ - - - - -- ...137.25' ..... E6 2 p Q oN 8813'20" W .��. �o U) O LINE 16' SOUTH OF Z NORTH LINE OF TRACT "C" LOT 7 0 30 60 GRAPHIC SCALE IN FEET 1" =30' z BLOCK 1 REVISIONS IoM 0 & ASSO�,9� a m Fr'AS ,9a USHED BELAIR HEIGHTS tiu m ~ (P.B. 20, PG. 45, P. B. C. R.) tia LAJ 11"= 30' J2v 12 -05 -2012 BY: K.M.C. CHECKED: M.D.A. F.B. NSA PG. WA I SHEET: 2 OF 2 LOT 8 BLOCK 1 BELAIR HEIGHTS (P. B. 20, PG 45, P. B. C. R.) TRACT "C" BELAIR HEIGHTS REPLAT (P.B. 73, PG. 17, P. B. C. R.) LOT 17 BLOCK 1 BELAIR HEIGHTS (P.B. 20, PG. 45, P. a c. R.) I I - - 25 I I I N Q 0) T ^N W 3 O 30 0 30 60 GRAPHIC SCALE IN FEET 1" =30' REVISIONS IoM 0 & ASSO�,9� a m Fr'AS ,9a USHED AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 50 S. W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL (561) 392 -2594, FAX (561) 394 -7125 www.AVIROMSURVEY.com ©2012 AVIROM & ASSOCIATES, INC. all rights reserved. This sketch Is the property of AVIROM & ASSOCIA TES, INC. and should not be reproduced or copied without written permisslon. JOB #: 7752 -5 E SCALE: 11"= 30' DATE: 12 -05 -2012 BY: K.M.C. CHECKED: M.D.A. F.B. NSA PG. WA I SHEET: 2 OF 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E, Director of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: November 7, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 CONTRACT CLOSEOUT (C.O. NO. 1 /FINAL)/LANZO CONSTRUCTION COMPANY, FLORIDA ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($216,812.90) and a final payment amount of $38,007.86 to Lanzo Construction Company, Florida, for completion of the Reclaimed Water, Area 12A Phase I Project #11 -036. BACKGROUND On February 5, 2013, Commission approved a contract award in the amount of $1,470,000 to Lanzo Construction Company, Florida. The scope of the project involved continuing construction of the reclaimed transmission and distribution system on the barrier island, from Atlantic Avenue south to Casuarina Road, and from Gleason Street east to AlA. The project included the installation of 10 ", 6" and 4" PVC pipe throughout the residential neighborhoods. To date, the following changes have been approved from the contract's Undefined Underground Allowance: $7,448.53 to maintain a fire hydrant at Nassau St. and Gleason St., the installation of a new city supplied hydrant and the removal of approximately 110 linear feet of 6" water main (no longer needed). City Manager approved, May 15, 2013. $14,300.00 for the installation of 14 additional water services. Commission approved, June 18, 2013. $14,971.00 for 400 gallons of roadway crack seal and a fire hydrant relocation. Commission approved, July 9, 2013. Change Order No. 1 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A ". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated, as stated below, from Purchase Order #689110 to funding accounts: $164,799.48 to account #441 - 5161 - 536 -68.73 (Water /Sewer Fund/Improv Other/Reclaimed Water, Area 12A) $ 17,453.44 to account #448 - 5461 -538 -68.67 (Storm Water Utility Fund/Other ImprovBay St. Pump Sta. Imprv.) $ 34,559.98 to account #442 - 5178 - 536 -63.50 (Water /Sewer Renewal & Rplmt Fund/Improv Other/Water Mains) $216,812.90 Total Amount of Residual Funds RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($216,812.90) and a final payment amount of $38,007.86 to Lanzo Construction Company, Florida, for completion of the Reclaimed Water, Area 12A Phase I Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 11 Final (Contract Closeout) PROJECT NO. 11 -036 DATE: PROJECT TITLE: Reclaimed water, Area 12A TO CONTRACTOR: Lanzo Construction Company, Florida YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A ". SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT $1,470,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,470,000.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($216.812.90) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,253,187.10 PERCENT DECREASE THIS CHANGE ORDER - 14.74% TOTAL PERCENT DECREASE TO DATE - 14.74% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Lanzo Construction Company, Florida (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA DEPARTMENT I: 9 •► Wld►D APPROVED: Environmental Services City Attorney FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA By: Mayor ATTEST: By: City Clerk S 7TngAdmm\Pmjeets1201 111 1 -036 file made i 20l210FFIC1AL1C01 Final Lanza Area 12AReclaimed GC 111413.docx SCHEDULE "A" TO CHANGE ORDER NO. I / FINAL (CONTRACT CLOSEOUT) LANZO CONSTRUCTION COMPANY, FLORIDA RECLAIMED WATER, AREA I2A PHASE I PROJECT ##11-036 ITEM NO. DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE EST. QTY. UNIT PRICE TOTAL ACTUA L QTY UNIT PRICE EXTENDED TOTAL PRICE QUANT ADJ. + I - GENERAL CONAITJONS 1 Site Mobilization/Demohilization LS 1 $ 33,000,00 $ 33,00000 1 $ 33,000.00 $ 33,000.()0 $ 2 Maintenance of Traffic LS 1 $ 4,000.00 $ 4,000.00 1 $ 4,000.00 $ 4,000.00 $ 3 As -Built Record Drawings LS 1 $ 5,000.00 $ 5,000.00 1 $ 5,000.00 $ 5,000.00 $ 4A NPDES Permit LS 1 $ 800.00 $ 800.00 1 $ 800.00 $ 800.00 $ 4B Erosion Protection Measures LS 1 $ 3,000.00 $ 3,000.00 1 $ 3,000.00 $ 3,000.00 $ 5 Project Identification Sign EA 1 $ 1,000.00 $ 1,000.00 1 $ 1,000.00 $ 1,000.00 $ 6 Professional Video & Construction Photagxaphs LS 1 $ 2,500.00 $ 2,500.00 1 $ 2,500.00 $ 2,500.00 $ 7 Indemnification LS 1 $ 10.00 $ 10.00 1 $ 10.D0 $ 10.00 $ RECLAIMED WATER ]MAIN 8 4" PVC C900 (DRIB ) RWM Restrained Joint LF 860 $ 32.00 $ 27,520.00 829 $ 32.00 $ 26,528.00 $ (992.00) 9 4" PVC C900 LDRI 8 RWM Push -On LF 2,400 $ 32.00 $ 76,800.00 2,370 $ 32.00 $ 75,840.00 $ 960.00 9A 4" DIP (CL51 ) RWM (Restrained Joint ) LF 150 $ 50.00 $ 7,500.00 145 $ 50.00 $ 7,250.00 $ 250.00) 9B 4" DIP (CL51) RWM (Push -On) LF 430 $ 50.00 $ 21,5Dp 00 428 $ 50.06 $ 21,400.00 $ (1D0,00) 10 6" PVC C90021118) RWM Restrained Joint LF 150 $ 39.00 $ 5,850.04 120 $ 39.00 $ 4,680.00 $ 1,170.00 1 I O" PVC C900 (DR18) RWM (Restrained Joint ) LF 1,500 $ 51.00 $ 76,500.00 1.442 $ 51.00 $ 73,542.00 $ (2,958.00) 12 10" PVC C900 (2RI S RWM (Push -On ) LF 1,500 $ 45.00 $ 67,500.00 1,495 $ 45.00 $ 67,275.00 $ (225.00 13 4" HDPE DR I1 TIPS) Directional Drill RWM LF 225 $ 43.00 $ 9,675.00 0 $ 43.00 $ - $ 9,675.00 14 Directional Drill Pit RWM EA 2 $ 2,600.00 $ 5,200.00 0 $ 2,600.00 $ - $ (5,200 00) 15 Connect to Existing 10" PVC RWM @ Sta. 508 +37 (Dwg C-41) EA 1 $ 2,300.00 $ 2,300.00 1 $ 2,300.00 $ 2,300.00 $ 16 4" Gate Valve RWM EA 20 $ 870.00 $ 17,400.00 20 $ 870.00 $ 17,400.00 $ 17 6" Gate Valve RWM EA 2 $ 1,100.00 $ 2,200.00 2 $ 1,100.00 $ 2,200.00 $ 18 10 "Gate Valve RWM EA 9 $ 1,900.00 $ 17,10100 9 $ 1,900.00 $ 17,100.00 $ 19 DIP Compact Fittin sRWM(CementLined) TON 5 $ 7,300.00 $ 36,500.00 5.1409 $ 7,300.00 $ 37,528.57 $ 1,028.57 20 2" Terminal Blow -off Assembly RWM FA 8 $ 79000 $ 6,32000 8 $ 790.00 $ 6 32000 $ - 21 1 112^ Reclaimed Water Service Residential Sin le EA 58 $ 950.00 $ 55,100.00 58 $ 950.00 $ 55,100.00 $ 22 2" Reclaimed Water Service (Residential) (Sin &) EA 7 $ 1,100.00 $ 7,70000 7 $ 1,100.00 $ 7,700.00 $ 23 Open Cm Pave ent Trench Repair RWM (City Roads ) LF 6,500 $ 23.00 $ 149,500.00 6,275 $ 23.00 $ 144,325.00 $ (5,17500) 24 Open Cut Pavement Trench Repair RWM (FDOT Roads) LF 650 $ 36.00 $ 23,400.00 498 $ 36.00 $ 17,928.00 $ (5,472.00) 25 Paver Brick Driveway Restoration SF 200 $ 5.00 $ 1,000.00 0 $ 5.00 $ - $ (1,000.00) 26 Concrete Sidewalk Restoration SF 125 $ 8.00 $ 1,000.00 0 $ 8.00 $ - $ (1,000.00) 27 Concrete Header Curb Restoration LF 60 $ 16.00 $ 960.00 59 $ 16.00 $ 944.00 $ 16.00 28 Concrete "F" Curb Restoration LF 20 $ 18.00 $ 360.00 0 $ 18.00 $ $ (360.00) 29 Concrete "D" Curb Restoration LF 50 $ 15.00 $ 800.00 0 $ 16.00 $ - $ (800.00) POTABLE WATER MAIN 30 6" PVC C900 (DR] 8) WM Restrained Joint LF 150 $ 38.00 $ 5,700,00 90 $ 38.00 $ 3,420,00 $ (2,280.00) 31 6" PVC C900 (DR] 9) WM Push -On LF 300 $ 35.00 $ 10,800.00 335 Is 36.00 $ 12,060.00 $ 1,260.00 32 8" PVC C900 (DR18) WM Restrained Joint LF 550 $ 42.00 $ 23,100.00 466 $ 42.00 $ 19,572.00 $ (3,528.00) S3 8" PVC C900 (DR18) WM Push -on) LF 1,220 $ 38.00 $ 46,360.00 1,216 $ 38.00 $ 46,208.00 $ (152.00) 34 DIP Com actFitdn sWM LCement Lined TON 2 $ 6,000.00 $ 12,000.00 1.4615 $ 8,000.00 $ 11,692.00 $ (308.00 35 6" Gate Valve WM EA 3 $ 1,100.00 $ 3,300.00 3 $ 1,100.00 $ 3,300.00 $ 36 8" Gate Valve WM EA 7 $ 1,400.00 $ 9,800,00 7 $ 1,40600 $ 9,800.00 $ 37 10" x 6" Tapping Sleeve & 6" Gate Valve EA 2 $ 4,200.00 $ 8,400.00 2 $ 4,200.00 $ 8,400.00 $ 38 10" x 8" Tapping Sleeve & 8" Gate Valve EA 2 $ 4,700.00 $ 9,400.00 2 $ 4,70100 $ 9,400.00 $ 39 6" Tinemp EA 1 $ 2,600.00 $ 2,600.00 0 $ 2,600.00 $ - $ (2,606.00) 40 8" Linesto FA 1 $ 3,000.00 $ 3,000.00 1 $ 3,000.00 $ 3,000.00 $ 41 Fire H drantAssembl Incl. 6" Gate Valve EA 2 $ 3,600.00 $ 7,200.00 2 $ 3,600.00 $ 7,200.00 $ 42 Sample Point EA 9 $ 260.00 $ 2,340.00 9 $ 260.00 $ 2,34000 $ 43 Fill & flush Connection EA 4 $ 950.00 $ 3,800.00 4 $ 950.00 $ 3,800.00 $ 44 Connect to Exist. 8" WM @ Sta. 164 +38 (Dwg C-4) EA 1 $ 2,900.00 $ 2,100.00 1 $ 2,100.00 $ 2,100.00 $ 45 Connect to Exist 6" WV @Sta.258 +49 (Dwg C -9) EA 1 $ 2,100.00 $ 2,100.00 1 $ 2,100.00 $ 2,100.00 $ 46 C4)nnectto Exist, 8" WM @ Sta. 459+90 (Dwg C- EA 1 $ 2,100.00 $ 2,100.00 1 $ 2,100.00 $ 2,100.00 $ 47 Connect to Existing 8" WM @ Sta. 654 +00 Sta, 654 +50 Sta. 654 +80 (Dwg C- 16) EA 3 $ 2,100.04 $ 6,300.00 3 $ 2,100,00 $ 6300.40 $ 48 Connect to Exist, 8" WM S Sta. 659 +68 (Du- C -17 ) EA 1 $ 2,100.04 $ 2,100.00 1 $ 2,100.00 $ 2,100.00 $ 49 2" Water Service &Flew Meter Box (Single) EA 18 $ 900.00 $ 16,200.00 18 $ 900.00 $ 16,200.00 $ 50 2" Water Service & Connect to Exist Meter Box EA 2 $ 1,100.00 $ 2,200.00 2 $ 1,100.00 $ 2,200.00 $ 51 Remove Existi. 8" WM Incl. C s LF 60 $ 17.00 $ 1,020.00 30 $ 17.00 $ 510.00 $ 510.00) 52 Open Cut Pavement Trench Repair WM (City Roads LF 2,200 $ 23.00 $ 50,600.00 2,055 $ 23.00 $ 47,265.00 $ (3,335.00) 53 Paver Brick Driveway Restoration SF 125 $ 500 $ 625.00 0 $ 5.00 $ Page 1 of 3 SCHEDULE "A" TO CHANGE ORDER NO. I / FINAL (CONTRACT CLOSEOUT) LANZO CONSTRUCTION CONITANY, FLORIDA RECLAIMED WATER, AREA 12A PHASE I PROJECT #11 -036 ITEM NO. ❑ESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE EST. QTY. UNIT PRICE TOTAL ACTUA L QTY. UNIT PRICE EXTENDED TOTAL PRICE QUANT ADJ. +! - 54 Asphalt Drivewa Aron SF 125 $ 9.00 $ 1,125.00 108 $ 9.00 $ 972.00 $ (153.00 DRAINAGE FACILTTIES 55 Remove Existing 15" Drains e RCP LF 40 $ 1.00 $ 40.00 35 $ 1.00 $ 35.00 g 56 Remove Existing 18"Drainage RCP LF 25 $ 1.00 $ 25.00 21 $ 1.00 $ 21.00 $ (4.06 57 Remove Existing 24" Drainage RCP LF 250 $ 1.00 $ 250.00 237 $ 1.00 $ 237.00 $ 13.00 58 Remove Existing 30" Drainage CMP LF 45 $ 1.00 $ 45.00 43 $ 1.00 $ 43.00 $ (2.00 59 Remove Existing Drainage Structures EA 6 $ 300.00 $ 1,800,00 6 $ 300.00 $ 1,800.00 $ 60 Coordinate wlCras Company to relocate Gas Mains LS 1 $ 6,00000 $ 6,000.00 1 $ 6,000.00 $ 6,000.00 $ 61 15" RCP Drainage Pi e LF 100 $ 80.00 $ 8,000.00 97 $ 80.00 $ 7,760.00 $ (240.00 62 36" Drainage Pie LF 260 $ 117.00 $ 30,420.00 258 $ 117.00 $ 30,18600 $ (234.00 63 48" Drainage Pie LF 45 $ 160.00 $ 7,200.00 43 $ 180.00 $ 6,880.00 $ 320.00 64 6'x4' Structure wloflset Valley Gutter Inlet EA 1 $ 5,600.00 $ 5,600.00 1 $ 5,600.00 $ 5,600.00 $ 65 6'x4' Structure wl Rin & Cover EA 1 $ 5,600.00 $ 5,600,00 1 $ 5,600.00 $ 5,600.00 $ 66 5'x4'Struct= w/Frame & Grate E.A. 2 $ 5,600.00 $ 11,200.00 2 $ 5,600.00 $ 11,21 $ 67 Type C Inlet EA 1 $ 3,400.00 $ 3,400.00 1 $ 3,400.00 $ 3,400.00 $ 68 Type E Inlet EA 2 $ 4,900.00 $ 9,800.00 2 $ 4,900.00 $ 9,800 OD $ 69 Open Cut Pavement Trench Repair (Drainage) (City Roads LF 175 $ 23.00 $ 4,025.00 175 $ 23.00 $ 4,025.00 $ 70 Remove & Replace Valley Gutter LF 400 $ 12.00 $ 4,800.00 110 $ 32.00 $ 1,320.00 $ (3,460.00) 71 Concrete Driveway Aron SF 275 $ 10.00 $ 2,7%00 256 $ 1 0.00 $ 2,560.00 $ 190.00 72 As haltDrivewa Aron SF 275 $ 9.00 $ 2,475.00 262 $ 9.00 $ 2,358.00 $ 117.00) 73 Paver Brick Driveway Restoration SF 375 $ 5.00 $ 1,875.00 373 $ 5.00 $ 1,865.00 $ 74 Remove & Replace Y ]li gh Wood Fence LF 75 $ 10.00 $ 750.00 75 $ 10.00 $ 751 $ 75 Swales SY 350 $ 7.00 $ 2,450.00 348 3 7.00 $ 2,436.00 $ (14.00) 76 Core Existing Drainage Structure EA 1 $ 800.00 $ 800.00 1 $ 800.00 $ 800.00 $ 77 Connect to Existing Drains a $A 6 $ 1,500.00 $ 9,000.00 6 $ 1,500.00 $ 9,000.00 $ - ROADWAY 78 1" Asphalt Milling & 1" Asphalt (Type S -III) Overlay (City Roads) SY 16,850 $ 9.00 $ 151,650.00 17,665 $ 9.00 $ 158,985.00 $ 7,335.00 79 Mill & Resurface FDOT- Atlantic Ave. SY 2,000 $ 25.00 $ 50,000.00 1,054 $ 25.00 $ 26,351 $ (23,650.00) 80 Remove existing Asphalt & Replace wlSod SY 10 $ 20.00 $ 20100 10 $ 20.00 $ 200.00 $ 81 Remove & Reinstall Brick Pavers in Atlantic Ave. SF 1-300 $ 23,00 $ 29,900,00 709 $ 23.00 $ 16,307.00 $ (13,593.00) 82 Ad'ust Valve Boxes, Manhole Lids, inlets, ete. LS 1 $ 4,500.00 $ 4,500.00 1 $ 4,500.00 $ 4,500.00 $ 83 Temporary Pavement Markin LS 1 $ 4,800.00 $ 4,800.00 1 $ 4,800.00 $ 4,800.00 $ 84 Permanent Pavement Marking & RPM's LS 1 $ 9,430.00 $ 9,430.00 1 $ 9,43C.00 $ 9,430.00 $ 85 Replace Traffic Loos EA 3 $ 1,700.00 $ 5,100.00 2 $ 1,700.00 $ 3,400.00 $ (1,700.00) MISCELLANEOUS 86 Repair Sani Sewer Laterals EA 25 $ 1,010.00 $ 25,250.00 12 $ 1,01C.00 $ 12,120.00 $ (13,130.00 87 Sant Sewer Repair (Dw . C -34 LS 1 $ 4,500.00 $ 4,500.00 I $ 4,500.00 $ 4,500.00 $ 88 Flowable Fill (100 psi dig able CY 50 $ 150.00 $ 7,500.00 0 $ 150.00 $ - $ (7,500.00) 89 1Soft -Digs along Atlantic Avenue to locate exist 30" EA 10 $ 560.00 $ 5,600.00 10 $ 560.00 $ 5,600.00 $ ALLOWANCES 90 Undefined Underground Allowance LS I $ 150,000.00 $ 150,000.00 0.2448 $ 150,000.00 $ 36,719.53 $ 113,21 Adci scope to maintain a fire hydrant at the intersection of Nassau St_ and Gleason St_; tapping of a 10" water main and installation of a new city supplied hydrant along with the removal of approximately 110 linear feet of 6" water main; which is no longer needed. Cost of $7448.53 Approved by CitV Manager 05115/13. LS 1 $ 7,448.53 Add1, scope for the installation of 25 additional water services; to provide service to all residences and buildings on the project corridor. Approved by Commission 06118113. Approval amount was $25,250; only used 14 services, not 25; actual cost was $14,300. LS - - 0.5663 $ 14,300.00 Add'I. scope for 1,000 gallons of roadway crack seal, in the amount of $21,000.00, to improve the final result of pavement restoration; and a fire hydrant relocation to the nearest property lines, in the amount of $6,671.00. Approved by Commission 07109113. Total approved amount was $27,571.00; only used 400 gallons of crack seal; not 1,000; actual cost was $14,971. LS - - 0.5430 $ 14,971.00 TOTAL ORIGINAL CONTRACT AWARD $1,470,000.00 $11,253,297,10 $ (216,702.90) Page 2 of 3 SCHEDULE "A" TO CHANGE ORDER NO. 1 /FINAL (CONTRACT CLOSEOUT) LANZO CONSTRUCTION COMPANY, FLORIDA RECLAIMED WATER, AREA 12A PHASE I PROJECT #11 -636 CHANGE ORDER NO. 1 1 FINAL - BREAKDOWN Quantity Adjustments (Page 2) $ (216,702.90) Density Test Trip Charges (2 Trips @ $55.00 /each) ($110.00) CHANGE ORDER NO. 1 1 FINAL ($216,812.90) CHANGE ORDER NO. 11FINAL (CONTRACT CLOSEOUT) / FINAL SUMMARY Original Contract Award $1,470,000.00 Final Contract to Date ($1,253,297.10 less $110fresting Charges) $1,253,187.10 CHANGE ORDER NO. 1 1 FINAL ($216,812.90) Page 3 of 3 I I 1 TAW� L� J �uJ WE ISL :W A _ EAST n • — x r h1A_Mi7�R 8T_ I _ COCONUT 5�1 I R CW I IW k OCEAN MR. {� . N�4 i5,5 x I I I� CASUARNA M. SE STN Sr. 61tODA FMI Area 12A -Phase 1 AREA 12A -PHASE 1 RECLAIMED WATER SYSTEM P/N 2011 -036 Project Location Map MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: November 13, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 MODIFICATION NO.5 OF THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) - 1 GRANT AGREEMENT ITEM BEFORE COMMISSION The item before Commission is approval of Modification No. 5 of the Neighborhood Stabilization Program (NSP) 1 Grant Agreement IODB- 4X410- 60 -02 -F 10 to extend contract ending date to June 30, 2014. BACKGROUND The City of Delray Beach NSP -1 Subgrant Agreement with Florida Department of Community Affairs (DCA) was executed on February 5, 2010. This modification will extend the contract ending date from December 31, 2013 to June 30, 2014 to allow for closeout instruction from the Department of Housing and Urban Development (HUD) and the opportunity to expend remaining available grant funds. FUNDING SOURCE Funding is available from 118- 1934 -554 -62.12 (Neighborhood Stabilization Program). RECOMMENDATION Staff recommends approval of Modification No. 5 of the Neighborhood Stabilization Program (NSP) 1 Grant Agreement l ODB- 4X410- 60 -02 -F 10 to extend the contract ending date to June 30, 2014. Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 MODIFICATION NUMBER IODB- 4X- 10- 60 -02 -F 10 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND CITY OF DELRAY BEACH This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ( "the Department "), and City of Delray Beach, ( "the Recipient "), to modify DEO /DCA Contract Number 1ODB- 4X- 10- 60 -02 -F 10, award dated February 5, 2012 ( "the Agreement "). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $1,905,005.00 to Recipient under the Neighborhood Stabilization Program ( "NSP ") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011 -142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011; and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: ❑ Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of June 30, 2014. ® Revise Activity Work Plan 3. The Attachment I, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment II Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 Modification Number: 5 DEO /DCA Contract Number: 1ODB- 4X- 10- 60 -02 -F 10 Recipient: CITY OF DELRAY BEACH Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. ❑ Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Change in Number of Accomplishments and /or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. ❑ Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. ❑ Other: (Type in the reason for the modification.) Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 Modification Number: 5 DEO /DCA Contract Number: 1ODB- 4X- 10- 60 -02 -F 10 Recipient: CITY OF DELRAY BEACH Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Opportunity Name: Ken Reecy Title: Assistant Director Division of Community Development Date: Recipient: City of Delray Beach By: Name: Cary D. Glickstein Title: Mayor Date: Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. If the modification makes changes to the "Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an "X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 11. Submit two originals of the modification along with the required supporting documentation. 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U) cc 2 2 / 2R k k\ §% = = 2 z = = 2 e BO Eu) ;337 cc I f§77\ f22E 2 E $ n2[[/ [[/ S U) ��oo\ > tro— X00\ > 4 4 U) < e ayC) eyyG 7 = e ox\=o <eme omeo me = m o e CU W 7 7 3 a oa z z m a R § \ $ o U) 7 7 » 2\ 0 / 7 k / ■ 2 � � � G MEMORANDUM TO: Mayor and City Commissioners FROM: Milena L. Walinski, Interim Finance Director Rebecca S. O'Connor, Treasurer THROUGH: Louie Chapman, Jr., City Manager DATE: November 13, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 RESOLUTION NO. 52-13 ITEM BEFORE COMMISSION The item before Commission is to approve Resolution No. 52 -13 authorizing the issuance of not to exceed $9,000,000 in Delray Beach Bond General Obligation Refunding Bonds, Series 2013, for the purpose of currently refunding or refinancing, in part, the City's outstanding General Obligation Bonds, Series 2004. The resolution provides for a negotiated sale of such bonds to Compass Mortgage Corporation at a net interest cost of 2.17% for an approximate 10 year term. The resolution also includes, but is not limited to, provisions for the appointment of an escrow agent and the form and delivery of an escrow deposit and bond purchase agreement. BACKGROUND Public Financial Management (PFM), the City's financial advisor, sent out an RFP to refund or refinance the City of Delray Beach General Obligation Bonds, Series 2004 in the amount of $8,595,000. PFM received responses from Pinnacle, Compass Mortgage, TD Bank, PNC, TotalBank, SunTrust, and Bank of America. Compass Mortgage came in with the lowest net interest cost of 2.17% for an approximate 10 year term resulting in an estimated net present value savings amount of $811,000 or 9.44% of the par amount of the refunding bonds. The average net present value savings is approximately $81,000 /year; the net present value savings for FY14 is approximately $95,000. A target net present value savings rate for refunding bonds is generally in the 3% to 5% range. The proposed net present value savings rate of 9.44% clearly exceeds this threshold. Please see the attached chart (summary matrix) for rates and terms for all responses. RECOMMENDATION Recommend the approval of Resolution No. 52 -13. RESOLUTION NO. 52 -13 CITY OF DELRAY BEACH, FLORIDA General Obligation Refunding Bonds, Series 2013 (Recreational and Cultural Projects) GENERAL OBLIGATION REFUNDING BOND RESOLUTION Adopted November 19, 2013 Resolution No. 52 -13 TABLE OF CONTENTS Section1: DEFINITIONS ........................................................................... ..............................3 Section2: FINDINGS ................................................................................. ..............................7 Section 3: AUTHORITY OF THIS RESOLUTION .................................. ..............................7 Section 4: RESOLUTION CONSTITUTES CONTRACT ........................ ..............................7 Section 5: AUTHORIZATION AND DESCRIPTION OF BONDS ......... ..............................7 Section 6: PREPAYMENT PROVISIONS ............................................... .............................10 Section 7: EXECUTION OF BONDS ....................................................... .............................11 Section 8: NEGOTIABILITY, REGISTRATION AND CANCELLATION ........................12 Section 9: BONDS MUTILATED, DESTROYED, STOLEN OR LOST .............................15 Section 10: FORM OF BONDS ................................................................... .............................16 Section 11: APPLICATION OF BOND PROCEEDS ................................ .............................26 Section 12: SECURITY FOR THE BONDS ............................................... .............................26 Section 13: COVENANTS OF THE CITY ................................................. .............................26 Section 14: FINANCIAL INFORMATION ................................................ .............................31 Section 15: MODIFICATION OR AMENDMENT .................................... .............................31 Section 16: SEVERABILITY OF INVALID PROVISIONS ...................... .............................32 Section 17: NEGOTIATED SALE .............................................................. .............................32 Section 18: BOND PURCHASE AGREEMENT ........................................ .............................32 Section19: ESCROW AGENT ................................................................... .............................33 Section 20: ESCROW DEPOSIT AGREEMENT ....................................... .............................33 Section 21: REMEDIES ............................................................................... .............................33 Section 22: EFFECTIVE DATE .................................................................. .............................34 Resolution No. 52 -13 RESOLUTION NO. 52 -13 A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $9,000,000 IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF CITY OF DELRAY BEACH, FLORIDA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013 (RECREATIONAL AND CULTURAL PROJECTS) (THE `BONDS ") FOR THE PURPOSE OF REFUNDING ON A CURRENT BASIS, A PORTION OF THE CITY'S OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2004 (RECREATIONAL AND CULTURAL PROJECTS) AND PAYING CERTAIN COSTS OF ISSUANCE; PROVIDING THE FORM AND TERMS OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM A TAX ON ALL TAXABLE PROPERTY IN THE CITY OF DELRAY BEACH; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO COMPASS MORTGAGE CORPORATION; APPOINTING U.S. BANK NATIONAL ASSOCIATION AS ESCROW AGENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND BOND PURCHASE AGREEMENT; PROVIDING FOR THE RIGHTS AND REMEDIES OF THE HOLDERS OF THE BONDS; PROVIDING FOR CERTAIN OTHER MATTERS DEEMED NECESSARY; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID BONDS, AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission (the "Commission ") of the City of Delray Beach, Florida (the "City "), did, on October 21, 2003, adopt Resolution No. 72 -03 and on September 7, 2004, adopt Resolution No. 61 -04 and Resolution No. 62 -04 (collectively, the "Original Resolution "), and the qualified electors of the City of Delray Beach, Florida (the "City "), did, at an election held on January 20, 2004 (the "Referendum "), authorize by majority vote the issuance of $24,000,000 City of Delray Beach, Florida General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "2004 Bonds "); and WHEREAS, on September 30, 2004, the City issued the 2004 Bonds in the principal amount of $14,000,000; and Resolution No. 52 -13 WHEREAS, the Commission hereby determines it to be in the best financial and economic interest of the City to issue its City of Delray Beach, Florida, General Obligation Refunding Bonds, Series 2013 (Recreational and Cultural Projects) (the "Bonds "), in the initial aggregate principal amount of not exceeding $9,000,000 to pay and defease a portion of the Outstanding 2004 Bonds (such portion being defeased is herein referred to as the "Refunded Bonds "); and WHEREAS, City staff has previously solicited bids from qualified lending institutions to currently refund the Refunded Bonds by the purchase of the Bonds at the most favorable terms to the City; and WHEREAS, City staff has determined and the Commission hereby concurs that Compass Bank ( "Compass "), an Alabama banking corporation, acting through Compass Mortgage Corporation, an Alabama corporation, as the purchaser of the Bonds (the "Bond Purchaser "), has provided the best overall bid to the City; and WHEREAS, the Commission hereby finds that in light of present market conditions, the aforementioned bid provided by Compass and the necessity for the funds to defease the Refunded Bonds on February 1, 2014, it would be in the best interest of the City to sell the Bonds to the Bond Purchaser on a negotiated private placement basis pursuant to the terms and provisions of this Resolution and that certain Bond Purchase Agreement dated the date of delivery of the Bonds (herein, the "Agreement') by and between the City and the Bond Purchaser in substantially the form attached hereto as Exhibit A; and WHEREAS, there has also been prepared and submitted to the Commission the form of Escrow Deposit Agreement (the "Escrow Deposit Agreement') attached hereto as Exhibit B deemed necessary to defease the Refunded Bonds. 2 Resolution No. 52 -13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1: DEFINITIONS. That, in addition to the terms defined above, as used in this Resolution, the following terms shall have the following meanings unless the text otherwise expressly requires: "Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented, the City Charter of Delray Beach, as amended and supplemented, and other applicable provisions of law. "Adjusted Rate" shall mean the adjusted rate of interest on the Bonds upon a Determination of Taxability determined pursuant to Section 8 hereof. "Bondholder" or "Holder of Bonds" or "Owner" or any similar term, shall mean the Bond Purchaser or, subject to the provisions of Section 8 hereof, any successor registered holder of the Bonds; provided no Bondholder may be the registered owner of less than $1,000,000 in aggregate principal amount of Bonds. "Bonds" shall mean the not exceeding in initial aggregate principal amount $9,000,000 General Obligation Refunding Bonds, Series 2013 (Recreational and Cultural Projects), authorized to be issued pursuant to this Resolution. "Code" shall mean the Internal Revenue Code of 1986, as amended, and all subsequent tax legislation duly enacted by the Congress of the United States. "Default Rate" shall mean the interest rate on the Bonds plus 300 basis points and shall be payable if any principal or interest is not paid within ten (10) days of the applicable Payment Date. "Defeasance Obligations" shall mean to the extent permitted by law: 3 Resolution No. 52 -13 (a) U. S. Obligations; and (b) Any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (i) which are not callable prior to maturity or as to which irrevocable instructions have been given to the trustee of such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (ii) which are secured as to principal and interest and redemption premium, if any, by a fund consisting only of cash or bonds or other obligations of the character described in clause (a) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the redemption date or dates specified in the irrevocable instructions referred to in subclause (i) of this clause (b), as appropriate, and (iii) as to which the principal of and interest on the bonds and obligations of the character described in clause (a) hereof which have been deposited in such fund along with any cash on deposit in such fund are sufficient to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this clause (b) on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to in subclause (i) of this clause (b), as appropriate. "Determination of Taxability" shall mean any determination, decision or decree by the Commissioner or any District Director of the Internal Revenue Service, as such officers are identified by the Code, or any court of competent jurisdiction after the conclusion of any appeals the City may decide to undertake, that the interest payable on the Bonds is includable in the gross income (as defined in Section 61 of the Code) of any Owner of the Bonds. 4 Resolution No. 52 -13 "Escrow Agent" shall mean U.S. Bank National Association, a national banking association having a designated trust office in Jacksonville, Florida. "Escrow Deposit Agreement" shall mean the Escrow Deposit Agreement, entered into by and between the City and the Escrow Agent. "Interest Rate" shall mean with respect to the Bonds, unless the Bonds bear interest at the Adjusted Rate upon a Determination of Taxability, a fixed rate of interest equal to 2.17% per annum. The Interest Rate shall be calculated on the basis of a 360 day year of twelve thirty -day months. "Maturity Date" shall mean, with respect to the unpaid principal of and interest on the Bonds, February 1, 2024. "Paying Agent" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceedings, any bank or trust company and any successor bank or trust company appointed by the City to act as Paying Agent hereunder. "Payment Date" shall mean, with respect to interest on the Bonds, each February 1 and August 1, commencing February 1, 2014 and with respect to principal on the Bonds, each February 1, commencing February 1, 2014 and on any other date the principal of the Bonds is optionally prepaid in whole or in part, provided that if such date is not a business day, the payment shall be made on the next succeeding business day and interest will accrue and be payable to such actual date of payment. "Outstanding" shall mean, when used with reference to the Bonds, as of any particular date, all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution, except (i) Bonds theretofore or thereupon cancelled by the Registrar or surrendered to the Registrar for cancellation; and (ii) Bonds with respect to which all liability of 5 Resolution No. 52 -13 the City shall have been discharged in accordance with Section 13.13 of this Resolution; (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to any provision of this Resolution. "Permitted Investments" shall mean (i) U.S. Obligations, and (ii) all other investments permitted under the laws of Florida. "Registrar" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceedings, any bank or trust company and any successor bank or trust company appointed by the City to act as Registrar hereunder. "Tax Certificate" shall mean the Arbitrage Certificate executed by the City on the date of initial issuance and delivery of the Bonds, as such Tax Certificate may be amended from time to time, a source of guidance for achieving compliance with the Code. "U.S. Obligations" shall mean the direct obligations of, or obligations the timely payment of principal of and interest on which are unconditionally guaranteed by, the United States of America, and, if determined by subsequent proceedings of the Commission, certificates which evidence ownership of the right to the payment of the principal of, or interest on, such obligations. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise indicate. The word "person" shall include corporations; associations, natural persons and public bodies unless the context shall otherwise indicate. Reference to a person other than a natural person shall include its successors. 6 Resolution No. 52 -13 SECTION 2: FINDINGS. A. That it is necessary, advantageous, desirable and in the best interests of the City and its residents that the Bonds be issued to accomplish the payment and defeasance of the Refunded Bonds. B. That for the payment and defeasance of the Refunded Bonds, the City shall deposit a portion of the proceeds derived from the sale of the Bonds in an escrow deposit trust fund, which together with other available funds, if any, shall be sufficient, without investment or reinvestment, to pay and defease the Refunded Bonds, as the same are redeemed prior to maturity in accordance with the proceedings which authorized their issuance, all as provided in this Resolution and the Escrow Deposit Agreement. SECTION 3: AUTHORITY OF THIS RESOLUTION. This Resolution is adopted pursuant to the Act. SECTION 4: RESOLUTION CONSTITUTES CONTRACT. In consideration of the acceptance of the Bonds, authorized to be issued hereunder by those who shall hold the same from time to time, this Resolution and the Original Resolution, to the extent applicable to the Bonds, shall be deemed to be and shall constitute a contract between the City and such Bondholders, and the covenants and agreements herein set forth to be performed by the City shall be for the equal benefit, protection and security of the Holders of any and all of such Bonds, all of which shall be of equal rank and without preference, priority, or distinction of any of the Bonds over any other thereof except as expressly provided therein and herein. SECTION 5: AUTHORIZATION AND DESCRIPTION OF BONDS. Subject and pursuant to the provisions of this Resolution, Bonds of the City to be known as "General Obligation Refunding Bonds, Series 2013 (Recreational and Cultural Projects)," are hereby 7 Resolution No. 52 -13 authorized to be issued in the initial aggregate principal amount of not exceeding Nine Million Dollars ($9,000,000) for the purpose of the payment and defeasance of the Refunded Bonds pursuant to the provisions of this Resolution and the Escrow Deposit Agreement and to pay the cost of issuance of the Bonds. The Bonds shall be issued in registered certificated form and shall be in the denomination of the principal amount of Bonds so issued as determined by the terms of the Bond Purchase Agreement. The Bonds shall be designated "General Obligation Refunding Bonds, Series 2013 (Recreational and Cultural Projects)," shall bear interest at the Interest Rate, payable by check or draft made payable to the Holder of Bonds and mailed to the address of such Holder of Bonds as such name and address shall appear on the registration books of the City maintained by the Registrar at the close of business on the fifteenth day of the calendar month preceding each Payment Date or on the date the principal sum of the Bonds are paid (herein, the "Record Date "); provided, however, that payment of interest on the Bonds may, at the option of the Bond Purchaser or any other Holder of Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to the designated account number of such Holder of any Bonds within the continental United States on file with the Paying Agent as of the Record Date. The Bonds shall be dated the date of their delivery and bear interest from such date. Bonds authenticated on or subsequent to the first Payment Date shall be dated as of the date of their registration and shall bear interest as of the Payment Date immediately preceding the date of registration, unless such date of registration shall be a Payment Date, in which case, such Bonds shall bear interest from such date of registration, or if registered during the period from a Record Date preceding a Payment Date, then from such Payment Date if interest is then paid, as the case may be; provided, however, that if and to the extent there is a default in the payment of the interest due on such Payment Date, such defaulted interest shall be paid to the persons in 8 Resolution No. 52 -13 whose name Bonds are registered on the registration books of the City maintained by the Registrar at the close of business on the fifteenth day prior to a subsequent Payment Date established by notice mailed by the Registrar to the registered owner not less than the tenth day preceding such subsequent Payment Date, such interest shall be payable semiannually of each year on each Payment Date, shall be subject to amortization as provided below, and shall mature on the Maturity Date. In the event any payment of interest or of interest and principal on the Bonds shall not be paid when due, the amount so in default shall continue to bear interest to the extent permitted by law from the date such payment became due until payment thereof at the Interest Rate. The principal of the Bonds shall be payable by the City each February 1 commencing February 1, 2014 in the following amounts: Principal Payment Date 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024* * Final Maturity Principal Amount Due $120,000 785,000 805,000 820,000 840,000 855,000 880,000 895,000 915,000 935,000 960,000 In the event of a Determination of Taxability, the interest rate on the Bonds shall be increased to the rate that will result in the same after -tax yield to the Owner as before said Determination of Taxability (the "Taxable Rate ") effective retroactively to the date on which such Determination of Taxability was made. Immediately upon a Determination of Taxability, the City agrees to pay each Owner subject to such Determination of Taxability any Additional Amount (as defined herein). "Additional Amount" means (i) the difference between (a) interest 9 Resolution No. 52 -13 on the Bonds for the period commencing on the date on which the interest on such Bonds (or portion thereof) loses its "tax- exempt" status and ending on the date the interest rate on the Bonds becomes the Taxable Rate (the "Adjustment Period ") at a rate equal to the Taxable Rate and (b) the aggregate amount of interest payable on the Bonds for the Adjustment Period pursuant to the provisions of the Bonds and this Resolution without considering the Determination of Taxability, plus (ii) any penalties and interest paid or payable by such Owner to the Internal Revenue Service by reason of such Determination of Taxability. The items described in clause (ii) above shall be payable from legally available revenues of the City. The Owner shall promptly notify the City in writing of any adjustment pursuant hereto. The determination of the Owner as to the amount of such adjustment shall be conclusive absent manifest error. Notwithstanding any provision hereto the contrary, in no event shall the interest rate on the Bonds exceed the maximum rate permitted by law. SECTION 6: PREPAYMENT PROVISIONS. The City shall have the right to prepay or redeem the Bonds in whole or in part at any time upon at least five (5) Business Days prior written notice to the Bond Purchaser. Such prepayment or redemption may be subject to a Prepayment Fee as determined below and if there shall be a Prepayment Fee, it shall be paid to the Bond Purchaser at the same time the City prepays or redeems the Bonds, in whole or in part. For purposes hereof, the Prepayment Fee, if any, shall be calculated as follows: If the City makes any partial or full prepayment of the outstanding principal balance of the Bonds, the City shall pay from legally available funds to the Bond Purchaser a prepayment premium equal to the Annual Yield Differential (as defined below) multiplied by the Percent Being Prepaid (as defined below), multiplied by the Average Remaining Outstanding Principal Amount prepaid (as 10 Resolution No. 52 -13 defined below) multiplied by the number of days from the date the Bond Purchaser received the prepayment (the "Prepayment Date ") through the date on which the final payment is due (the "Maturity Date "), divided by 360. The "Annual Yield Differential" is the difference (but not less than zero) between the U.S. Treasury yield (from the Federal Reserve daily H.15 report) on the maturity closest to the Maturity Date as of the date of issuance of the Bonds and the U.S. Treasury yield (from the Federal Reserve daily H.15 report) on the maturity closest to the Maturity Date as of the date of prepayment. The Average Remaining Outstanding Principal Amount of the Bonds is defined as the simple average of the existing principal Bond balance at the date of prepayment and the Bond balance due at the Maturity Date. The Percent Being Prepaid shall be determined by dividing the principal amount being prepaid by the existing principal Bond amount. If U.S. Treasury rates are unchanged or higher on the proposed date of prepayment than such rates on the date of issuance of the Bonds, the City shall incur no Prepayment Fee upon such prepayment. The Federal Reserve H.15 report for treasury rates can be accessed from the Fed's website currently: <http: / /www.federalreserve.gov/ releases /hl5 /current/default.htm> SECTION 7: EXECUTION OF BONDS. That the Bonds shall be executed in the name of the City by the Mayor, and the official seal of the City shall be affixed thereto or lithographed, impressed, imprinted or otherwise reproduced thereon and attested by the City Clerk, or in such manner as may be permitted by law. The signatures of the Mayor or the City Clerk on the Bonds may be manual or facsimile signature. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer before the Bonds 11 Resolution No. 52 -13 so signed and sealed have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any of the Bonds may be signed and sealed on behalf of the City by such person as at the actual time of execution of such Bonds shall hold the proper office, although at the date of such Bonds such person may not have held such office or may not have been so authorized. The Bonds shall bear thereon a certificate of registration and authentication, in the form set forth in Section 10 hereof, executed manually by the Registrar. Only such Bonds as shall bear thereon such certificate of registration and authentication shall be entitled to any right or benefit under this Resolution and no Bond shall be valid or obligatory for any purpose until such certificate of registration and authentication shall have been duly executed by the Registrar. Such certificate of the Registrar upon any Bond executed on behalf of the City shall be conclusive evidence that the Bond so authenticated has been duly registered and authenticated and delivered under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. SECTION 8: NEGOTIABILITY, REGISTRATION AND CANCELLATION. The Registrar shall keep books for the registration of Bonds and for the registration of transfers of Bonds. The City, the Registrar and the Paying Agent shall deem and treat the person in whose name any Bond shall be registered upon the books kept by the Registrar as the absolute holder of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of, and interest on such Bond as the same. become due and for all other purposes. All such payments so made to any such holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or 12 Resolution No. 52 -13 sums so paid, and neither the City, the Registrar nor the Paying Agent shall be affected by any notice to the contrary. In all cases in which the privilege of transferring Bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Resolution. All Bonds surrendered in any such transfers shall forthwith be delivered to the Registrar and cancelled by the Registrar in the manner provided in this Section. There shall be no charge for any such transfer of Bonds, but the City or the Registrar (if not the City's Finance Department) may require the payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such transfer. Neither the City nor the Registrar shall be required (a) to transfer Bonds for a period commencing on the Record Date and ending on the next ensuing Payment Date for such Bonds or 15 days next preceding any selection of Bonds to be redeemed or thereafter until after the mailing of any notice of prepayment; or (b) to transfer any Bonds subject to prepayment. However, if less than all of a Bond is prepaid or defeased, the City shall execute and the Registrar shall authenticate and deliver, upon the surrender of such Bond, without charge to the Bondholder, for the unpaid balance of the principal amount of such Bond so surrendered, a registered Bond in the appropriate denomination. All Bonds paid, either at or before maturity shall be delivered to the Registrar when such payment is made, and such Bonds, shall thereupon be promptly cancelled. Bonds so cancelled may at any time be destroyed by the Registrar, who shall execute a certificate of destruction in duplicate by the signature of one of its authorized officers describing the Bonds so destroyed, and one executed certificate shall be filed with the City and the other executed certificate shall be retained by the Registrar. Notwithstanding any provisions in this Resolution to the contrary, if 13 Resolution No. 52 -13 all of the Bonds are registered in the name of the Bond Purchaser, a partial prepayment made in accordance with Section 6 hereof may be effected by payment to the Bond Purchaser of the principal of the Bonds, together with unpaid interest accrued thereon, without surrender of the Bonds, such payment to be evidenced by the records of the City and the Bond Purchaser and such records shall be conclusive and binding upon the City and the Bond Purchaser absent manifest error. If, on the prepayment date, funds for the payment of the principal amount to be prepaid, together with unpaid interest accrued thereon, shall not have been provided to the Paying Agent, as above provided, the principal amount of the Bonds shall continue to be Outstanding and to bear interest until payment thereof at the Interest Rate. Upon a prepayment in whole of the Bonds, the City understands that the Bond Purchaser will promptly thereafter surrender the Bonds to the City marked "satisfied" or "paid in full." If, on the prepayment date, funds for the payment of the principal amount to be prepaid, together with interest to the prepayment date on such principal amount, shall have been provided to the Bond Purchaser, as above provided, then from and after the prepayment date interest on such principal amount of the Bonds which are prepaid shall cease to accrue. The Bonds shall be transferable at the option of the registered Owner thereof to an institutional holder, but subject to the prior written approval of the City's Director of Finance (which shall not be unreasonably withheld if the intended transferee provides a suitability letter addressed to the City as to the sophistication of the investor) unless such institutional holder is a bank or trust company, or unless such institutional holder, which is not a bank or trust company, certifies in writing to the City prior to the transfer that it is an "accredited investor" within the meaning of Rule 501 of the Securities Act of 1933, as amended and supplemented (the "33 Act ") or a qualified institutional buyer under Rule 144A of the 33 Act, in which case such approval 14 Resolution No. 52 -13 shall not be required and upon surrender thereof at the office of the Registrar (the designated corporate trust office of the Registrar if the City's Finance Department is not the Registrar) with a written instrument of transfer satisfactory to the Registrar duly executed by the registered Owner or his duly authorized attorney. Upon the transfer of the Bonds, the City shall issue in the name of the transferee a new Bond. SECTION 9: BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, destroyed, stolen or lost, the City may execute and the Registrar shall authenticate and deliver a new Bond of like date, maturity, denomination and interest rate as the Bond so mutilated, destroyed, stolen or lost; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the City and, in the case of any lost, stolen or destroyed Bond, there shall first be furnished to the City and the Registrar evidence of such loss, theft, or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event any such Bond shall be about to mature or have matured or have been called for redemption, instead of issuing a duplicate Bond, the City may pay the same without surrender thereof. The City and the Registrar (if not the City's Finance Department) may charge the holder of such Bond their reasonable fees and expenses in connection with this transaction. Any Bond surrendered for replacement shall be cancelled in the same manner as provided in Section 8 of this Resolution. Any such duplicate Bonds issued pursuant to this Section shall constitute additional contractual obligations on the part of the City, whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment with all other Bonds issued hereunder. 15 Resolution No. 52 -13 SECTION 10: FORM OF BONDS. The text of the Bonds shall be of substantially the following tenor, with such omissions, insertions and variations as may be necessary and desirable: 16 Resolution No. 52 -13 No. R -1 UNITED STATES OF AMERICA STATE OF FLORIDA PALM BEACH COUNTY CITY OF DELRAY BEACH GENERAL OBLIGATION REFUNDING BOND SERIES 2013 (Recreational and Cultural Projects) Interest Rate Maturity Date Dated Date 2.17% February 1, 2024 November 21, 2013 Registered Owner: COMPASS MORTGAGE CORPORATION i:: 1 111 Principal Amount: - -EIGHT MILLION EIGHT HUNDRED TEN THOUSAND DOLLARS-- KNOW ALL MEN BY THESE PRESENTS, that City of Delray Beach, Florida, a municipal corporation created and existing under and by virtue of the laws of the State of Florida (the "City "), hereby acknowledges itself to be indebted, and for value received, hereby promises to pay the Registered Owner or registered assigns on the Maturity Date specified above, subject to earlier mandatory and optional prepayments, if any, from the sources hereinafter mentioned, upon the presentation and surrender hereof at the City's Finance Department (or if so determined by the City) the designated corporate trust office of the bank or trust company appointed by the City to act as paying agent (said City's Finance Department and any bank or trust company becoming successor paying agent being herein called the "Paying Agent "), the Principal Amount stated above together with interest thereon at the Interest Rate payable on the first day of February and August of each year commencing February 1, 2014. Interest on this Bond (except for Holders of at least $1,000,000 in aggregate principal amount of bonds, who may receive payment of interest by wire transfer in the manner provided in the herein referred to Resolution) is payable by check or draft of the Paying Agent made payable to the Registered Owner and 17 Resolution No. 52 -13 mailed to the address of the Registered Owner as such name and address shall appear on the registration books of the City initially maintained by the City's Finance Department (or if determined by the City) the designated Corporate Trust Officer of the bank or trust company to act as registrar (said City's Finance Department and any bank or trust company becoming successor registrar being herein called the "Registrar ") at the close of business on the fifteenth day of the calendar month preceding each interest payment date or the date on which the principal of a Bond is to paid (the "Record Date "); provided, however, that if and to the extent there is a default in the payment of the interest due on such interest payment date, such defaulted interest shall be paid to the persons in whose name Bonds are registered on the registration books of the City maintained by the Registrar at the close of business on the fifteenth day prior to a subsequent interest payment date established by notice mailed by the Registrar to the registered owner not less than the tenth day preceding such subsequent interest payment date. Such, interest shall be payable from the most recent interest payment date next preceding the date of registration to which interest has been paid, unless the date of registration is a February 1 or August 1 to which interest has been paid, in which case from the date of registration, or unless the date of registration is prior to February 1, 2014, in which case from the Dated Date stated above, or unless the date of registration is between a Record Date and the next succeeding interest payment date, in which case from such interest payment date. The Principal Amount and accrued interest thereon is payable in any coin or currency of the United States of America, which, on the date of payment thereof, shall be legal tender for the payment of public and private debts. This bond is one of an issue of bonds in the aggregate principal amount of not exceeding $8,810,000 of like date, tenor and amount, except as to the number, date of maturity and interest 18 Resolution No. 52 -13 rate, issued by Delray Beach, Florida, for the purpose of paying and defeasing a portion of the City's General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including Chapter 166, Florida Statutes, as amended and supplemented, the City Charter of Delray Beach, as amended and supplemented, and other applicable provisions of law and pursuant to Resolution No. 52 -13 (the "Resolution ") duly adopted by the City Commission of Delray Beach, Florida, on November 19, 2013 authorizing the issuance of the Bonds. Any capitalized term used herein and not otherwise defined shall have the meaning ascribed to such term in the Resolution. The principal of the Bonds shall be payable by the City each February 1 commencing February 1, 2014 in the following amounts: Principal Pavment Date 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024* * Final Maturity Principal Amount Due $120,000 785,000 805,000 820,000 840,000 855,000 880,000 895,000 915,000 935,000 960,000 The City shall have the right to prepay or redeem the Bonds in whole or in part at any time upon at least five (5) Business Days prior written notice to the Bond Purchaser. Such prepayment or redemption may be subject to a Prepayment Fee as determined below and if there shall be a Prepayment Fee, it shall be paid to the Bond Purchaser at the same time the City prepays or redeems the Bonds, in whole or in part. 19 Resolution No. 52 -13 For purposes hereof, the Prepayment Fee, if any, shall be calculated as follows: If the City makes any partial or full prepayment of the outstanding principal balance of the Bonds, the City shall pay from legally available funds to the Bond Purchaser a prepayment premium equal to the Annual Yield Differential (as defined below) multiplied by the Percent Being Prepaid (as defined below), multiplied by the Average Remaining Outstanding Principal Amount prepaid (as defined below) multiplied by the number of days from the date the Bond Purchaser received the prepayment (the "Prepayment Date ") through the date on which the final payment is due (the "Maturity Date "), divided by 360. The "Annual Yield Differential" is the difference (but not less than zero) between the U.S. Treasury yield (from the Federal Reserve daily H.15 report) on the maturity closest to the Maturity Date as of the date of issuance of the Bonds and the U.S. Treasury yield (from the Federal Reserve daily H.15 report) on the maturity closest to the Maturity Date as of the date of prepayment. The Average Remaining Outstanding Principal Amount of the Bonds is defined as the simple average of the existing principal Bond balance at the date of prepayment and the Bond balance due at the Maturity Date. The Percent Being Prepaid shall be determined by dividing the principal amount being prepaid by the existing principal Bond amount. If U.S. Treasury rates are unchanged or higher on the proposed date of prepayment than such rates on the date of issuance of the Bonds, the City shall incur no Prepayment Fee upon such prepayment. The Federal Reserve H.15 report for treasury rates can be accessed from the Fed's website currently: <http: / /www.federalreserve.gov/ releases /hl5 /current/default.htm> 20 Resolution No. 52 -13 The original registered owner, and each successive registered owner of this bond shall be conclusively deemed to have agreed and consented to the following terms and conditions: (1) The Registrar shall keep books for the registration of bonds and for the registration of transfers of bonds as provided in the Resolution. The bonds shall be transferable by the registered owner thereof in person or by his attorney duly authorized in writing only upon the books of the City kept by the Registrar and only upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his duly authorized attorney. Upon the transfer of any such bond, the City shall issue in the name of the transferee a new bond or bonds. (2) The City, the Paying Agent and the Registrar shall deem and treat the person in whose name any bond shall be registered upon the books kept by the Registrar as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such bond as the same becomes due, and for all other purposes. All such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the City, the Paying Agent, nor the Registrar shall be affected by any notice to the contrary. (3) In all cases in which the privilege of transferring bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver bonds in accordance with the provisions of the Resolution. There shall be no charge for any such transfer of bonds, but the City or the Registrar (if not the City's Finance Department) may require payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. Neither the City nor the Registrar shall be required (a) to transfer bonds for a period 21 Resolution No. 52 -13 commencing on a Record Date and ending on the next ensuing interest payment date for such bonds or 15 days next preceding any selection of bonds to be prepaid or thereafter until after the mailing of any notice of redemption; or (b) to transfer any bonds subject to prepayment, except as otherwise provided in the Resolution. However, if less than all of a Bond is prepaid or defeased, the City shall, subject to the provisions of the Resolution, execute and the Registrar shall authenticate and deliver, upon the surrender of such Bond, without charge to the Bondholder, for the unpaid balance of the principal amount of such Bond so surrendered, a registered Bond in the appropriate denomination. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution or the Original Resolution (as defined in the Resolution) until the certificate of registration and authentication hereon shall have been signed by an authorized officer of the Registrar. 22 Resolution No. 52 -13 It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this bond, exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of this bond and of the bonds of the issue of which this bond is one does not violate any constitutional or statutory debt limitation or provision; that due provision has been made for the levy and collection of a direct annual tax in addition to all other taxes, upon all the taxable property within the City sufficient to pay the principal of and interest on said bonds as the same shall mature and become due, and that the full faith and credit of Delray Beach, Florida, are hereby irrevocably pledged for the punctual payment of the principal of and interest on this bond, as the same shall become due and payable. IN WITNESS WHEREOF, Delray Beach, a municipal corporation of the State of Florida, has caused this bond to be signed by its Mayor either manually or with his facsimile signature, and the seal of said City or a facsimile thereof, to be affixed hereto, or lithographed, impressed, imprinted or otherwise reproduced hereon, attested by the City Clerk of said City— either manually or with her facsimile signature, all as of the Dated Date. (SEAL) CITY OF DELRAY BEACH, FLORIDA ATTEST: City Clerk Mayor 23 Resolution No. 52 -13 (FORM OF CERTIFICATE OF REGISTRATION AND AUTHENTICATION) This bond is one of the bonds delivered pursuant to the within mentioned Resolution of the City Commission of Delray Beach, Florida. Date of Authentication: CITY OF DELRAY BEACH, FLORIDA FINANCE DEPARTMENT as Registrar By: Authorized Officer 24 Resolution No. 52 -13 ASSIGNMENT AND TRANSFER FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto (please print or typewrite name and address of transferee) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to transfer the within' bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: In the presence of: 25 Resolution No. 52 -13 SECTION 11: APPLICATION OF BOND PROCEEDS. From the proceeds of the sale of the Bonds an amount which together with any other moneys lawfully available therefor, if any, shall be deposited in one or more escrow deposit trust funds to be held by the Escrow Agent under the terms and provisions of the Escrow Deposit Agreement and such proceeds shall be held irrevocably in trust in such escrow deposit trust fund(s) under the terms and provisions of the Escrow Deposit Agreement; such moneys shall remain uninvested and which shall provide moneys which will be sufficient to pay the Refunded Bonds in the manner provided in the resolutions authorizing the issuance of the Refunded Bonds and the Escrow Deposit Agreement. The remaining proceeds of such sale shall be deposited in a Costs of Issuance Cost Account, hereby created and established, to be held by the City and used for the purpose of paying any legal expenses including those of the Bond Purchaser's counsel, expenses for fiscal agents or financial services and such other expenses as may be necessary or incidental and incurred by the City in connection with the issuance of the Bonds. SECTION 12: SECURITY FOR THE BONDS. That in each year while any of the Bonds are outstanding and unpaid, there shall be levied and collected a tax on all the taxable property within the City sufficient to pay the interest on the Bonds as it becomes due, and to provide for the payment of the principal of said Bonds at their maturity or earlier prepayment date, and the City is, and shall be irrevocably and unconditionally obligated to levy and collect such ad valorem taxes without limitation as to rate or amount on all the taxable property within the City, sufficient in amount to pay all principal of, redemption premium, if any, and interest on said Bonds, as the same shall become due. SECTION 13: COVENANTS OF THE CITY. As long as any of the principal of or interest on any of the Bonds shall be Outstanding and unpaid, or until there shall have been set 26 Resolution No. 52 -13 apart in the Sinking Fund, consisting of the Interest Account and Principal Account, herein created and established, a sum sufficient to pay, when due, the entire principal of the Bonds remaining unpaid, together with interest accrued and to accrue thereon, or until the provisions of Section 13.13 of this Resolution have been complied with, the City covenants with the Holders of any and all of the Bonds issued pursuant to the Resolution as follows: A. TAX COVENANT. 1. The City covenants to comply with each requirement of the Code, and any successor provisions thereto, necessary to maintain the exclusion of the interest on the Bonds from gross income for Federal income tax purposes pursuant to Section 103(a) of the Code. In furtherance of the covenant contained in the preceding sentence, the City agrees to comply with the provisions of the Tax Certificate. 2. The City shall make any and all payments required to be made to the United States Department of the Treasury in connection with the Bonds pursuant to Section 148(f) of the Code from amounts on deposit in the fund and accounts established under this Resolution and available therefor. 3. Notwithstanding any other provision of this Resolution to the contrary, as long as necessary in order to maintain the exclusion of interest on the Bonds from gross income for federal income tax purposes, the covenants contained in this Section shall survive the payment of the Bonds, including any payment or defeasance thereof pursuant to Section 13.D of this Resolution. B. AD VALOREM TAX. In each year, while any of the Bonds are outstanding and unpaid, the City covenants that there shall be levied and collected a tax on all the taxable property within the City sufficient to pay the interest on the Bonds as it becomes due, and to 27 Resolution No. 52 -13 provide for the payment of the principal of said Bonds when due and payable, and the City is, and shall be irrevocably and unconditionally obligated to levy and collect such ad valorem taxes without limitation as to rate or amount on all the taxable property within the City, sufficient in amount to pay all principal of and interest on said Bonds as the same shall become due and payable. C. CREATION AND ESTABLISHMENT OF A SINKING FUND AND VARIOUS ACCOUNTS AND THE DISPOSITION OF MONEYS. There are hereby created and established the following fund and accounts: THE "SINKING FUND" All of the moneys raised by the City from the ad valorem taxes on the taxable property within the City for the purpose of paying the principal of and redemption premium, if any, and interest on the Bonds herein authorized shall be deposited by the City in a special fund to be known as the "Sinking Fund" which is hereby created and established. The moneys in said Sinking Fund shall be used solely for the payment of the principal of and interest on said Bonds as the same become due and payable and the registered owners of said Bonds shall have a first lien on all such moneys in the Sinking Fund until paid and applied in the manner permitted in this Resolution. There are also hereby created and established two (2) separate accounts in the Sinking Fund to be known as the "Interest Account" and the "Principal Account." The moneys at any time on deposit in the Sinking Fund disposed of only in the following manner: 1. Moneys shall first be used; to the full extent necessary, for deposit into the Interest Account in the Sinking Fund to pay interest becoming due on the Bonds on the next semiannual Payment Date; provided, however, that deposits for interest shall not be required to 28 Resolution No. 52 -13 be made into the Interest Account to the extent that money on deposit therein is sufficient for such purpose. 2. Moneys shall next be used, to the full extent necessary, for deposit into the Principal Account in the Sinking Fund to provide for the required principal amount maturing or becoming due on the next principal Payment Date; provided, however, that deposits for principal shall not be required to be made into the Principal Account to the extent that money on deposit therein is sufficient for such purpose. 3. The Sinking Fund and the accounts therein shall constitute a trust fund of the City. The amounts required to be accounted for in the Sinking Fund and each of the accounts designated herein, may be deposited in a single bank account maintained by the City provided that adequate accounting procedures are maintained to reflect and control the restricted allocations of the amounts on deposit therein for the various purposes of such fund and accounts as herein provided. The designation and establishment of a fund and accounts in and by this Resolution shall not be construed to require the establishment of any completely independent fund and accounts but rather is intended solely to constitute an allocation of moneys collected by the imposition of ad valorem taxes. 4. Moneys on deposit in the Sinking Fund may be invested in U. S. Obligations or any other Permitted Investments (provided that Permitted Investments other than U. S. Obligations shall be fully collateralized with U.S. Obligations) maturing not later than such date or dates as the City shall determine. All income and earnings received from the investment and reinvestment of moneys on deposit in the Principal Account and Interest Account in the Sinking Fund shall be retained therein and shall be a credit against deposits required by this Resolution. 29 Resolution No. 52 -13 D. DISCHARGE AND SATISFACTION OF BONDS. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds in any one or more of the following ways: 1. by paying the principal of and interest on Bonds when the same shall become due and payable; or 2. by depositing in the Interest Account and Principal Account, or in such other accounts which are irrevocably pledged to the payment of the Bonds, as the City may hereafter create and establish by resolution, certain moneys, which together with other moneys lawfully available therefor, shall be sufficient at the time of such deposit to pay the Bonds and the interest thereon as the same become due on said Bonds on the Maturity Date or earlier prepayment date thereof, or 3. by depositing in the Interest Account and Principal Account or such other accounts which are irrevocably pledged to the payment of the Bonds as the City may hereafter create and establish by resolution, moneys which together with other moneys lawfully available therefor when invested in Defeasance Obligations will provide moneys which shall be sufficient to pay the Bonds and the interest thereon as the same shall become due on said Bonds on or prior to the Maturity Date or earlier prepayment date thereof. 4. If any portion of the moneys deposited for the payment of the principal of and interest on any portion of Bonds is not required for such purpose, the City may use the amount of such excess free and clear of any trust, lien, security interest, pledge or assignment securing said Bonds or otherwise existing under this Resolution. Upon such payment or deposit in the amount and manner provided in this Section 13.13, the Bonds shall no longer be deemed to be Outstanding for the purposes of this Resolution, and 30 Resolution No. 52 -13 all liability of the City with respect to the Bonds shall cease, terminate and be completely discharged and extinguished, and the Holders thereof shall be entitled for payment solely out of the moneys or securities so deposited. SECTION 14: FINANCIAL INFORMATION. The City shall provide the Purchaser a copy of its Comprehensive Annual Financial Report within two hundred and seventy (270) days after the end of the City's fiscal year. SECTION 15: MODIFICATION OR AMENDMENT. Except as otherwise provided in the second paragraph hereof, no material modification or amendment of this Resolution, or of any resolution amendatory thereof or supplemental thereto, may be made without the consent in writing of the Holders of two - thirds or more in principal amount of the Bonds then Outstanding; provided, however, that no modification or amendment shall permit a change in the maturity of such Bonds or a reduction in the rate of interest thereon, or affecting the unconditional promise of the City to levy, assess and collect an ad valorem tax without limitation as to rate or amount upon all taxable property in the City or to pay the interest of and principal on the Bonds, as the same mature or become due, from said ad valorem tax, or reduce the percentage of Holders of Bonds required above for such modification or amendments, without the consent of the Holders of all the Bonds. This Resolution may be amended, changed, modified and altered without the consent of the Holders of Bonds, unless the Holder is the Bond Purchaser, (i) to cure any ambiguity, correct or supplement any provision contained herein which may be defective or inconsistent with any other provisions contained herein, (ii) to implement a book -entry system of registration, or (iii) to provide other changes which will not adversely affect the interest of such Holders of Bonds. 31 Resolution No. 52 -13 SECTION 16: SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of the Resolution or of the Bonds or coupons issued hereunder. SECTION 17: NEGOTIATED SALE. The Commission hereby finds, based on current market conditions, the necessity for the funds to defease the Refunded Bonds to achieve maximum savings and the favorable terms offered by Compass, that it would be in the best interest of the City that the Bonds be sold on a negotiated private placement basis to the Bond Purchaser. SECTION 18: BOND PURCHASE AGREEMENT. The form of the Bond Purchase Agreement for the Bonds, between the City and the Bond Purchaser, as submitted to this meeting and attached hereto as Exhibit A, be and the same hereby is approved. The Commission hereby delegates to the Mayor or the Vice Mayor, in the absence of the Mayor, the authority to approve the final terms and details of the Bonds and to execute the Bond Purchase Agreement on behalf of the City if such Bond Purchase Agreement accurately reflects such terms and details. The Mayor of the City or, in his absence, the Vice Mayor each is hereby authorized and directed to execute and deliver the Bond Purchase Agreement in substantially the form submitted to this meeting, with such changes, insertions and deletions thereto as are necessary or desirable for carrying out the purposes thereof as may be approved by the Mayor or the Vice Mayor, upon advice of the City Attorney and Bond Counsel, the execution of said Bond Purchase Agreement 32 Resolution No. 52 -13 being conclusive evidence of such approval. The City Clerk is hereby authorized and directed to affix the seal of the City and attest to the same, if so required by the terms thereof. SECTION 19: ESCROW AGENT. The Commission hereby appoints U.S. Bank National Association, as escrow agent (the "Escrow Agent ") under the Escrow Deposit Agreement (as herein defined). SECTION 20: ESCROW DEPOSIT AGREEMENT. That the form, terms and provisions of the Escrow Deposit Agreement, attached hereto as Exhibit B, between the City and the Escrow Agent (the "Escrow Deposit Agreement "), as submitted to this meeting, be and the same are hereby approved and accepted. The Mayor or, in his absence, the Vice Mayor each is hereby authorized and directed to execute and deliver the Escrow Deposit Agreement in substantially the form submitted to this meeting, with such changes, insertions and deletions thereto as are necessary or desirable for carrying out the purposes thereof as may be approved by the Mayor or the Vice Mayor, upon advice of the City Attorney and Bond Counsel, the execution of said Escrow Deposit Agreement being conclusive evidence of such approval. The City Clerk is hereby authorized and directed to affix the seal of the City and attest to the same, if so required by the terms thereof. SECTION 21: REMEDIES. Any Bondholder, to the full extent permitted by the laws of the State of Florida or the United States of America, may sue to protect and enforce any and all legal rights; to seek the appointment of a receiver, and to enforce and compel the performance of all duties required by this Resolution. In addition, the Bondholder shall be entitled to receive interest on the Bonds at the Default Rate if the City fails to pay debt service within ten (10) days of the applicable Payment Date. 33 Resolution No. 52 -13 SECTION 22: EFFECTIVE DATE. This Resolution shall take effect upon the passage in the manner provided by law. Passed and adopted in regular session this 19th day of November, 2013. (SEAL) ATTEST: City Clerk The foregoing Resolution and bond form is hereby approved by me as to form, language and execution, this 19th day of November, 2013. IM City Attorney CITY OF DELRAY BEACH, FLORIDA By: 34 Resolution No. 52 -13 EXHIBIT "A" Bond Purchase Agreement Resolution No. 52 -13 EXHIBIT `B" Escrow Deposit Agreement WPB 383118596v7/016787.020000 Resolution No. 52 -13 BOND PURCHASE AGREEMENT THIS BOND PURCHASE AGREEMENT (the "Agreement ") dated November 21, 2013, by and between COMPASS MORTGAGE CORPORATION, a corporation organized under the laws of the State of Alabama (herein the "Bond Purchaser ") and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (together with its successors and assigns, the "City "). WITNESSETH: WHEREAS, pursuant to the Act and the Original Resolution, as such terms are defined in Resolution No. 52 -13, adopted by the City Commission of the City (the "Commission ") on November 19, 2013 (the "Resolution "), the City authorized the issuance of not to exceed $9,000,000 in aggregate principal amount of City of Delray Beach, Florida General Obligation Refunding Bonds, Series 2013 (Recreational and Cultural Projects) (the "Bonds "); and WHEREAS, any capitalized term used in this Agreement and not otherwise defined shall have the meaning ascribed to such term in the Resolution; and WHEREAS, the Bond Purchaser has reviewed the Original Resolution and the Resolution and hereby finds the terms acceptable; and WHEREAS, on this date, the City has, pursuant to provisions of the Act, the Original Resolution, the Resolution and this Agreement, agreed to issue and sell to the Bond Purchaser and the Bond Purchaser has, pursuant to the terms of this Agreement and the terms and provisions of the Resolution, agreed to purchase, all but not less than all, of the Bonds; and WHEREAS, the City and the Bond Purchaser have heretofore negotiated the terms of the Bonds and the Resolution and by execution of this Agreement each will have confirmed that such are acceptable. NOW THEREFORE, the City and the Bond Purchaser hereby agree as follows: 1. Purchase and Sale. Upon the terms and conditions set forth herein and in the Bonds, the Original Resolution and the Resolution and upon the representations and warranties of the City set forth in the Resolution, the arbitrage tax certificate and other closing certificates, the City agrees to sell on this date the Bonds on a negotiated basis to the Bond Purchaser and the Bond Purchaser agrees on this date to purchase, with immediately available funds, all but not less than all, of the Bonds. The purchase price for the Bonds shall be $8,810,000 which purchase price is equal to the principal amount of the Bonds issued by the City. Since the dated date of the Bonds is the date hereof, there will be no accrued interest as part of the purchase price. 2. Private Placement Negotiated Sale. The Bond Purchaser hereby acknowledges that the purchase of the Bonds from the City was on a negotiated private placement basis and that there has been no offering document prepared or will be prepared by the City in connection with such sale. 3. Conditions for Purchase. The Bond Purchaser's agreement to purchase the Bonds on this date is subject to the delivery of an unqualified Bond Counsel opinion of Greenberg Traurig, P.A. to the effect that interest on the Bonds is excludable from gross income for federal income tax purposes. 4. Section 218.385 Florida Statutes. On or before the purchase of the Bonds, the Bond Purchaser has provided the City with the disclosure and truth -in- bonding statements required by and in accordance with, Section 218.385, Florida Statutes, as amended and supplemented. The above - referenced statements are attached to this Agreement as Schedule A. 5. Expenses. As between the City and the Bond Purchaser, the Bond Purchaser shall not be liable for any expenses incurred by the City in connection with the issuance of the Bonds. The Bond Purchaser represents to the City that it has not employed or used the services of any attorney or other professional in connection with the Bond Purchaser's negotiations with the City and its purchase of the Bonds other than Broad and Cassel, which fee, in an amount not exceeding $5,000.00, shall be paid by the City from the proceeds of the Bonds. 6. Effectiveness. This Agreement shall become effective upon the execution by the appropriate officials of the City and the Bond Purchaser. 7. Headings. The headings set forth in this Agreement are inserted for convenience only and shall not be deemed to be a part hereof. 8. Amendment. No modification, alteration or amendment to this Agreement shall be binding upon any party until such modification, alternation or amendment is reduced to writing and executed by all parties hereto. 9. Governing Law. The laws of the State of Florida shall govern this Agreement. 10. Counterparts. This Agreement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were signatories upon the same instrument. [Space Left Blank Intentionally] 4 IN WITNESS WHEREOF, the City and the Bond Purchaser has caused this Agreement to be executed by its respective duly authorized officers all as of the date hereof. COMPASS MORTGAGE CORPORATION By: Name Title: Jerry Heniser Signatory of Corporation Date: November 21, 2013 CITY OF DELRAY BEACH, FLORIDA By: Name: Title: (SEAL) Date: November 21, 2013 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney Schedule A November 21, 2013 City Commission City of Delray Beach, Florida Delray Beach, Florida 33444 Re: $8,810,000 City of Delray Beach, Florida General Obligation Refunding Bonds, Series 2013 (Recreational and Cultural Project) To The Honorable Mayor and Commissioners: This letter shall serve as the disclosure statements and truth -in- bonding statement pursuant to Section 218.385, Florida Statutes, in connection with the award of the above - referenced bonds (the "2013 Bonds ") to Compass Mortgage Corporation (the "Bond Purchaser "). We represent to you as follows: No management fee will be charged by the Bond Purchaser. 2. The underwriting spread which the Bond Purchaser expects to realize will be -0 -. 3. No fee, bonus or other compensation will be paid by the Bond Purchaser in connection with the issue of the 2013 Bonds to any person not regularly employed or retained by the Bond Purchaser. 4. The City of Delray Beach, Florida (the "City "), is proposing to issue $8,810,000 of debt or obligation for the purposes of re- financing certain recreational and cultural projects by refunding a portion of the City's Outstanding General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "City's 2004 Bonds "). This debt or obligation is expected to be repaid over a period of approximately 120 months. At an interest rate of 2.17 %, the total interest paid over the life of the debt or obligation could be as much as approximately $1,108,502.31. The source of repayment or security for this debt or obligation is ad valorem taxes that have been voter approved. Authorizing this debt or obligation will not result in any decrease in the amount of ad valorem taxes available to finance or refinance any capital projects since the proceeds will be used to retire a portion of the City's 2004 Bonds at a lower net interest rate in calendar years 2013 through February 1, 2024 and such voter approved ad valorem taxes can only be used to pay debt service on the 2013 Bonds. Very truly yours, COMPASS MORTGAGE CORPORATION By:_ Name: Title: WPB 383118415v3/016787.020000 Jerry Heniser Signatory of Corporation CITY OF DELRAY BEACH, FLORIDA and U.S. BANK NATIONAL ASSOCIATION as Escrow Agent ESCROW DEPOSIT AGREEMENT Dated as of November 1, 2013 THIS ESCROW DEPOSIT AGREEMENT, made and entered into as of November 1, 2013, by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida, and its successors and assigns (the "City "), and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States with a corporate trust office in Jacksonville, Florida, as escrow agent hereunder, and its successors and assigns (the "Escrow Agent "): WITNESSETH: WHEREAS, any term not defined in the following recitals shall have the meaning ascribed to such term in Article I hereof, and. WHEREAS, the City Commission of the City of Delray Beach, Florida (the "Commission ") did, on September 7, 2004, adopt Resolution No. 61 -04, as supplemented by Resolution No. 62 -04 adopted by the Commission on September 7, 2004 (collectively, the "Prior Resolution "); and WHEREAS, the Commission did, on November 19, 2013 adopt Resolution No. 52 -13 (the "2013 Bond Resolution "), for the purpose of authorizing a series of Bonds entitled "City of Delray Beach, Florida General Obligation Refunding Bonds, Series 2013 (Recreational and Cultural Projects) (the "Series 2013 Bonds "), in the initial aggregate principal amount of not exceeding $9,000,000; and WHEREAS, the Commission has determined it to be in its best interest to issue the Series 2013 Bonds in an initial aggregate principal amount of $8,810,000 for the purpose of paying and defeasing a portion of the outstanding City of Delray Beach, Florida General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "2004 Bonds ") issued pursuant to the Prior Resolution (such portion of the 2004 Bonds herein referred to as the "Refunded Bonds ") pursuant to the terms of the Prior Resolution, the 2013 Bond Resolution and this Agreement; and WHEREAS, the Prior Resolution provides that, among other things, all Refunded Bonds shall, prior to the maturity or redemption date thereof, be deemed to have been paid within the meaning of such resolution if there is deposited moneys with the Escrow Agent, which shall be sufficient to pay such Refunded Bonds and the interest thereon as the same shall become due on the Refunded Bonds on or prior to the redemption date or maturity date thereof, and WHEREAS, the Commission has determined it to be in the best economic interest of the City to pay and defease the Refunded Bonds as more particularly described on Schedule A attached hereto, all in accordance with the terms and provisions of the Prior Resolution, the 2013 Bond Resolution and this Agreement; and WHEREAS, the City has determined to provide for the payment of the Refunded Bonds by depositing a portion of the proceeds from the Series 2013 Bonds, which shall be sufficient to optionally redeem without premium the outstanding principal amount of the then outstanding Refunded Bonds on February 1, 2014, plus accrued interest to such optional redemption date pursuant to the Prior Resolution and this Agreement; and WHEREAS, in order to provide for the proper and timely application of the moneys deposited in the trust created herein to the payment of the Refunded Bonds, it is necessary for the City to enter into this Escrow Deposit Agreement with the Escrow Agent on behalf of the holders from time to time of the Refunded Bonds. NOW, THEREFORE, the City, in consideration of the foregoing and the mutual covenants herein set forth and in order to secure the payment of the called principal and interest on all of the Refunded Bonds, according to their tenor and effect, does by these presents hereby grant, warrant, demise, release, convey, assign, transfer, alienate, pledge, set over and confirm, unto the Escrow Agent, and to its successors in the trusts hereby created, and to it and its assigns forever, all and singular the property hereinafter described to wit: DIVISION I All right, title and interest of the City in and to $8,767,970 derived from the proceeds of the sale of the Series 2013 Bonds. DIVISION II Any and all other property of every kind and nature from time to time hereafter, by delivery or by writing of any kind, conveyed, pledged, assigned or transferred as and for additional security hereunder by the City or by anyone in its behalf to the Escrow Agent, which is hereby authorized to receive the same at any time as additional security hereunder. DIVISION III All property which is by the express provisions of this Agreement required to be subject to the pledge hereof and any additional property that may, from time to time hereafter, by delivery or by writing of any kind, be subject to the pledge hereof, by the City or by anyone in its behalf, and the Escrow Agent is hereby authorized to receive the same at any time as additional security hereunder. TO HAVE AND TO HOLD, all and singular, the Trust Estate (as such term is hereinafter defined), including all additional property which by the terms hereof has or may become subject to the encumbrances of this Agreement, unto the Escrow Agent, and its successors and assigns, forever in trust, however, for the benefit and security of the holders from time to time of the Refunded Bonds; but if the Refunded Bonds shall be fully and promptly paid when due in accordance with the terms thereof and hereof and all other obligations are performed hereunder, then this Agreement shall be and become void and of no further force and effect; otherwise, the same shall remain in full force and effect, and upon the trusts and subject to the covenants and conditions hereinafter set forth. ARTICLE I DEFINITIONS; FINDINGS AND DETERMINATIONS BY THE AUTHORITY Section 1.01. Definitions. In addition to words and terms elsewhere defined in this Agreement, the following words and terms as used in this Agreement shall have the following meanings, unless some other meaning is plainly intended. 4 "Act" shall have the meaning ascribed to such term in the Original Resolution. "Agreement" shall mean this Escrow Deposit Agreement, dated as of November 1, 2013, between the City and the Escrow Agent. "Annual Debt Service" shall mean, as to the Refunded Bonds, principal called on February 1, 2014, plus accrued interest coming due on such optional redemption date with respect to the Refunded Bonds, as shown on Schedule B attached hereto and hereby made a part hereof. "EMMA" shall mean the Electronic Municipal Market Access System for municipal securities disclosures located at http: / /emma.msrb.org. "Paying Agent for the Refunded Bonds" shall mean the entity identified as such in Section 3.08 hereof. "Total Debt Service" shall mean, as of any date during the period from the date of this Agreement until February 1, 2014, the sum of the Annual Debt Service then remaining unpaid with respect to the Refunded Bonds, all as shown on Schedule B attached hereto and hereby made a part hereof. "Trust Estate," "trust estate" or "pledged property" shall mean `the property, rights and interest of the City which are subject to the lien of this Agreement. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise indicate. The word "person" shall include corporations, associations, natural persons and public bodies unless the context shall otherwise indicate. Reference to a person other than a natural person shall include its successors. ARTICLE II ESTABLISHMENT OF TRUST FUND; FLOW OF FUNDS Section 2.01. Creation of Escrow Deposit Trust Fund. There is hereby created and established with the Escrow Agent a special and irrevocable trust fund designated the Escrow Deposit Trust Fund (the "Trust Fund "), to be held in the custody of the Escrow Agent and accounted for separate and apart from other funds of the City or of the Escrow Agent. Section 2.02. Deposit of Moneys and Payment of Refunded Bonds. Concurrently with the execution of this Agreement, the City herewith deposits or causes to be deposited with the Escrow Agent into the Trust Fund, and the Escrow Agent acknowledges receipt of $8,767,970 derived from a portion of the proceeds of the Series 2013 Bonds, which deposit shall be held as immediately available moneys and shall not be invested by the Escrow Agent. The cash being derived from a portion of the proceeds of the Series 2013 Bonds deposited into the Trust Fund will, in the opinion of the City, be sufficient to pay the Total Debt Service on the Refunded Bonds. If for any reason such deposit is insufficient to pay Total Debt Service on the 3 Refunded Bonds, the City shall immediately deposit additional moneys to cure any such deficiency. Section 2.03. Irrevocable Trust Created. The deposit of the cash in the Trust Fund shall constitute an irrevocable deposit of said cash for the benefit of the holders of the Refunded Bonds. The holders of the Refunded Bonds shall have a lien on the cash deposited in the Trust Fund until applied in accordance with this Agreement and the applicable terms and provisions of the Prior Resolution. Section 2.04. Transfers from Trust Fund. The Escrow Agent shall, no later than the optional redemption date for the Refunded Bonds (February 1, 2014) transfer from the Trust Fund, in accordance with the schedule of payments described in Schedule B attached hereto, to the Paying Agent for the Refunded Bonds an amount sufficient to pay the Total Debt Service on the Refunded Bonds coming due on such optional redemption date. The Escrow Agent shall have no responsibility for an insufficiency of such amounts to pay Total Debt Service, provided the Escrow Agent performs in accordance with the provisions hereof. Section 2.05. Trust Fund. The Trust Fund created and established pursuant to this Agreement shall be and constitute a trust fund for the purposes provided in this Agreement and shall be kept separate and distinct from all other funds of the City and the Escrow Agent and used only for the purposes and in the manner provided in this Agreement. Section 2.06. Transfer of Funds after all Payments Required by this Agreement are Made. After all of the transfers by the Escrow Agent to the Paying Agent for the Refunded Bonds for the payment of the Total Debt Service on the Refunded Bonds have been made, all remaining moneys in the Trust Fund shall be transferred to the City by the Escrow Agent; provided, however, that no such transfer to the City shall be made until the Total Debt Service on the Refunded Bonds has been paid. ARTICLE III CONCERNING THE ESCROW AGENT Section 3.01. Appointment of Escrow Agent. The City hereby appoints U.S. Bank National Association, having a corporate trust office in Jacksonville, Florida, as Escrow Agent under this Agreement. Section 3.02. Acceptance by Escrow Agent. By execution of this Agreement, the Escrow Agent accepts the duties and obligations as Escrow Agent hereunder. The Escrow Agent further represents that it has all requisite power, and has taken all corporate actions necessary, to execute the trust hereby created. Section 3.03. Liability of Escrow Agent. The Escrow Agent shall not be liable in connection with the performance of its duties hereunder except for its own negligence or willful misconduct. The Escrow Agent shall not be liable for any loss resulting from any investment made pursuant to the terms and provisions of this Agreement. The Escrow Agent shall have no lien, security interest or right of set -off whatsoever upon any of the moneys or investments in the Trust Fund for the payment of fees and expenses for services rendered by the Escrow Agent under this Agreement. M As long as the Escrow Agent applies (by transfer to the Paying Agent for the Refunded Bonds) any moneys to pay the Refunded Bonds, as provided herein, and complies fully with the terms of this Agreement, the Escrow Agent shall not be liable for any deficiencies in the amounts necessary to pay the Refunded Bonds. Further, the Escrow Agent shall not be liable for the accuracy of the calculations as to the sufficiency of moneys to pay the Refunded Bonds. In the event of the Escrow Agent's failure to account for any moneys received by it, said moneys shall be and remain the property of the City in trust for the holders of the Refunded Bonds, as herein provided, and if for any improper reason such moneys are not applied as herein provided, the Escrow Agent shall be liable for the amount thereof until the required application shall be made. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the City. The Escrow Agent may conclusively rely, as to the correctness of statements, conclusions and opinions therein, upon any certificate, report, opinion or other document furnished to the Escrow Agent pursuant to any provision of this Agreement; the Escrow Agent shall be protected and shall not be liable for acting or proceeding, in good faith, upon such reliance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, who may be counsel to the City or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance herewith. Prior to retaining such independent counsel, the Escrow Agent shall notify the City of its intention. The Escrow Agent and its successors, agents and servants shall not be held to any personal liability whatsoever, in tort, contract or otherwise, by reason of the execution and delivery of this Agreement, the establishment of the Trust Fund, the acceptance and disposition of the various moneys and funds described herein, any payment, transfer or other application of funds by the Escrow Agent in accordance with the provisions of this Agreement, or any non - negligent act, omission or error of the Escrow Agent made in good faith in the conduct of its duties. The Escrow Agent shall, however, be liable to the City and to holders of the Refunded Bonds to the extent of their respective damages for negligent or willful acts, omissions or errors of the Escrow Agent which violate or fail to comply with the terms of this Agreement. The duties and obligations of the Escrow Agent shall be determined by the express provisions of this Agreement. Section 3.04. Permitted Acts. The Escrow Agent and its affiliates may become the owner of or may deal in the Refunded Bonds as fully and with the same rights as if it were not the Escrow Agent. Section 3.05. Successor Escrow Agent. The Escrow Agent, at the time acting hereunder, may at any time resign and be discharged from the trusts hereby created by giving not less than sixty (60) days' written notice to the City, the Paying Agent for the Refunded Bonds and any rating agency which is then rating the Refunded Bonds, but no such resignation shall E take effect unless a successor Escrow Agent shall have been appointed by the holders of the Refunded Bonds or by the City as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. The Escrow Agent may be removed at any time by an instrument or concurrent instruments in writing, delivered to the Escrow Agent, and to the City, and signed by the holders of a majority in principal amount of the Refunded Bonds then outstanding. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the control of any public officer or officers, or of a receiver appointed by a court, a successor may be appointed by the holders of a majority in principal amount of the Refunded Bonds then outstanding by an instrument or concurrent instruments in writing, signed by such holders, or by their attorneys in fact, duly authorized in writing; provided, nevertheless, that in any such event, the City shall appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders of a majority in principal amount of the Refunded Bonds then outstanding in the manner above provided, and any such temporary Escrow Agent so appointed by the City shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The City shall promptly notify the Escrow Agent of any change in the identity of the Paying Agent for the Refunded Bonds. In the event that no appointment of a successor Escrow Agent or a temporary successor Escrow Agent shall have been made by such holders or the City pursuant to the foregoing provisions of this Section within sixty (60) days after written notice of resignation of the Escrow Agent has been given to the City, the holder of any of the Refunded Bonds or any retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent and such court may thereupon, after such notice, if any, as it shall deem proper, appoint such successor Escrow Agent. No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corporation with trust powers organized under the banking laws of the United States or any state, and shall have at the time of appointment capital and surplus of not less than $50,000,000 or is a member of a bank group or bank holding company with aggregate capital and surplus of not less than $50,000,000. Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor, and to the City, an instrument in writing accepting such appointment hereunder and thereupon such successor Escrow Agent, without any further act, deed or conveyance, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor; but such predecessor shall, nevertheless, on the written request of such successor Escrow Agent or the City, execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, rights, powers and trusts of such predecessor hereunder; and every predecessor Escrow Agent shall deliver all securities and moneys held by it to its successor; provided, however, that before any such delivery is required to be made, all fees, advances and expenses of the retiring or removed Escrow Agent shall be paid in full. Should any on transfer, assignment or instrument in writing from the City be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the City. Any corporation into which the Escrow Agent, or any successor to it in the trusts created by this Agreement, may be merged or converted, or to which substantially all of its corporate assets have been sold or assigned, or with which it or any successor to it may be consolidated, or any corporation resulting from any merger, conversion, consolidation or reorganization to which the Escrow Agent or any successor to it shall be a party, shall be the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. Section 3.06. Receipt of Proceedings. Receipt of true and correct copies of the proceedings authorizing the issuance of the Refunded Bonds, including the Prior Resolution, are hereby acknowledged by the Escrow Agent, and reference herein to or citation herein of any provision of said documents shall be deemed to incorporate the same as a part hereof in the same manner and with the same effect as if they were fully set forth herein. Section 3.07. City Indemnity. To the extent provided by law and without waiving its sovereign immunity, the City agrees to indemnify and save the Escrow Agent, its agents and employees, harmless, to the extent allowed by law, against any liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements of whatsoever kind or nature which it may incur in the exercise and performance of its powers and duties hereunder, including legal expenses, and which are not due to its own negligence or willful misconduct. Indemnification provided under this section shall survive the termination of this Agreement. Section 3.08. Payment to Paying Agent. The City hereby agrees to provide for the payment, from its own legally available funds, any costs, charges, services and expenses of the Escrow Agent incurred in connection with its duties under this Agreement. The Escrow Agent hereby acknowledges that it has agreed to charge no administration fee for its services hereunder. The City hereby agrees to pay the fees and expenses of the Paying Agent referred to below and any publication costs borne by such Paying Agent for the Refunded Bonds or by the Escrow Agent from the City's own legally available moneys. The paying agent for the Refunded Bonds is Wells Fargo Bank, National Association, having a representative office in Jacksonville, Florida. Section 3.09. Notices of Redemption and Defeasance. The City hereby irrevocably instructs the Escrow Agent to provide a copy of the notice of redemption with the Paying Agent for the Refunded Bonds not less than forty (40) days prior to February 1, 2014 with respect to the Refunded Bonds, with instructions to such Paying Agent to mail such notice of optional redemption to the registered owners of such Refunded Bonds not less than thirty (30) days prior to February 1, 2014 and to post such notice of redemption on EMMA. Such notice of redemption, with respect to the Refunded Bonds shall be in substantially the form attached hereto as Exhibit A. The cost of mailings shall be borne by the City. 7 The City hereby instructs the Escrow Agent to provide the Notice of Defeasance to the Paying Agent for the Refunded Bonds, all in accordance with the instructions set forth thereon. The City shall post such Notice of Defeasance on EMMA. ARTICLE IV MISCELLANEOUS Section 4.01. Amendments to this Agreement. This Agreement is made for the benefit of the City and the holders from time to time of the Refunded Bonds and it shall not be repealed, revoked, altered or amended in whole or in part without the written consent of all affected holders, the Escrow Agent and the City if such amendment adversely affects its rights; provided, however, that the City and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the rights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant to, or confer upon, the Escrow Agent, for the benefit of the holders of the Refunded Bonds, any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Agent; and (c) to subject to this Agreement additional funds, securities or properties. The Escrow Agent shall be entitled to rely exclusively upon an unqualified opinion of nationally recognized attorneys on the subject of municipal bonds with respect to compliance with this Section, including the extent, if any, to which any change, modification, addition or elimination affects the rights of the holders of the Refunded Bonds or that any instrument executed hereunder complies with the conditions and provisions of this Section. The City shall give prior written notice to Moody's Investors Service, Inc. (herein, "Moody's "), together with draft copies, of any proposed amendment, alteration, revocation, severance or repeal of this Agreement pursuant to this Section. Such notice shall be given in writing to: Moody's Investors Service, Inc., 99 Church Street, New York, New York 10007, Attention: Public Finance Ratings Desk - Refunded Bonds. Section 4.02. Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the City or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. The Escrow Agent shall notify Moody's as soon as practicable if any portion of this Agreement becomes severable. Section 4.03. Agreement Binding. All the covenants, promises and agreements in this Agreement contained by or on behalf of the City or by or on behalf of the Escrow Agent shall bind and inure to the benefit of their respective successors and assigns, whether so expressed or not. Section 4.04. Termination. This Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Section 4.05. Governing Law. This Agreement shall be governed by the applicable laws of the State of Florida. Section 4.06. Execution by Counterparts. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. Section 4.07. Notices. Until otherwise directed in writing by any person named below, all notices, reports, or other communications required or permitted to be given in accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail addressed as follows: (a) As to the City: Rebecca S. O'Connor City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 (b) As to the Escrow Agent: U. S. Bank National Association 225 Water Street, Suite 700 Jacksonville, Florida 32202 Attention: Corporate Trust Services (c) As to the Paying Agent: Wells Fargo Bank, National Association 1 Independent Drive, Suite 620 MAC: z3094 -060 Jacksonville, Florida 32202 Attention: Corporate Trust Department I IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officers and its corporate seal to be hereunto affixed and attested as of the date of execution set forth below. (SEAL) Attest: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Title Mayor Date of Execution: November _, 2013 U.S. Bank National Association, as Escrow Agent Authorized Officer Date of Execution: November _, 2013 10 SCHEDULE A Refunded Bonds Maturity Date Principal Amount Interest Rate 2/01/15 $ 715,000 3.75% 2/01/16 745,000 4.00% 2/01/17 775,000 3.75% 2/01/18 805,000 3.80% 2/01/19 835,000 3.90% 2/01/20 870,000 4.00% 2/01/21 905,000 4.10% 2/01/22 940,000 4.20% 2/01/23 980,000 4.25% 2/01/24 1.025.000 4.30% $8,595,000 SCHEDULE B Annual Debt Service and Total Debt Service for Refunded Bonds payable as indicated below Refunded Bonds Optional Redemption Date Maturing Principal Called Principal 2/01/14 $ -0- $8,595,000 Interest Total $172,970 $8,767,970 EXHIBIT A NOTICE OF CALL FOR REDEMPTION CITY OF DELRAY BEACH, FLORIDA General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) Maturing on February 1, 2015 through and including February 1, 2024 NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 61 -04, adopted by the City of Delray Beach, Florida (the "City "), on September 7, 2004, as amended and supplemented (collectively, the "Resolution "), the City has irrevocably deposited with U.S. Bank National Association, as escrow agent (the "Escrow Agent "), in trust, and irrevocably set aside for such payment, cash sufficient to pay the principal of and interest thereon on the redemption date of certain of the outstanding City of Delray Beach, Florida General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "Defeased Bonds "), as described below, and that the Defeased Bonds are deemed to have been paid in accordance with the terms and provisions of the Resolution and that the Defeased Bonds, are hereby called for optional redemption on February 1, 2014 (the "Redemption Date "), at a price of 100% of the principal amount thereof plus accrued interest to the Redemption Date. The maturities and principal amounts per maturity and CUSIP numbers of the Defeased Bonds to be redeemed are as follows: Maturity Date Principal Amount CUSIP No. 2/01/15 $ 715,000 247271 JA8 2/01/16 745,000 247271 J136 2/01/17 775,000 247271 JC4 2/01/18 805,000 247271 JD2 2/01/19 835,000 247271 JEO 2/01/20 870,000 247271 JF7 2/01/21 905,000 247271 JG5 2/01/22 940,000 247271 JH3 2/01/23 980,000 247271 JJ9 2/01/24 1,025,000 247271 JK6 The Defeased Bonds subject to optional redemption on the Redemption Date shall be presented for payment at the designated corporate trust office of Wells Fargo Bank, National Association, Attention: Corporate Trust Department (the "Paying Agent "). On or after the Redemption Date, no interest shall accrue on said Defeased Bonds. This notice is given in conformity with the provisions of the Defeased Bonds and the Resolution providing for their issuance, and the owners of said Defeased Bonds are hereby notified and requested to present such Defeased Bonds for redemption and payment as provided above. The Defeased Bonds which have been called for redemption will be paid from funds A -1 irrevocably deposited for this purpose in an Escrow Deposit Trust Fund established with U.S. Bank National Association, as Escrow Agent for the Defeased Bonds. CITY OF DELRAY BEACH, FLORIDA Wells Fargo Bank, National Association, as Paying Agent and Bond Registrar for the Defeased Bonds. Dated 2014 A -2 Withholding of 31% of gross redemption proceeds of any payment made within the United States is required by the Interest and Dividend Tax Compliance Act of 1983, as amended, unless the Paying Agent has the correct taxpayer identification number (social security or employer identification number) or exemption certificate of the payee. Please furnish a properly completed Form W -9 or exemption certificate or equivalent when presenting your bonds for payment. CUSIP numbers have been assigned by Standard & Poor's Corporation and are included solely for the convenience of the holders. Neither the City nor the Escrow Agent shall be responsible for the selection or use of the CUSIP numbers nor is any representation made as to their correctness on the Defeased Bonds or as indicated in any redemption notice. Instructions to Escrow Agent: The Escrow Agent shall provide a copy of this notice to the Paying Agent, as provided in Section 3.09 of the Escrow Deposit Agreement. A -3 EXHIBIT B NOTICE OF DEFEASANCE CITY OF DELRAY BEACH, FLORIDA General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida (the "City "), has caused to be deposited with U.S. Bank National Association, having a designated corporate trust office in Jacksonville, Florida (the "Escrow Agent "), pursuant to the terms and provisions of a certain Escrow Deposit Agreement, dated as of November 1, 2013 (the "Escrow Agreement "), by and between the City and the Escrow Agent, bond proceeds (the "Deposit "), to pay and defease the City's outstanding General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "Defeased Bonds "), maturing on February 1, 2015 through and including February 1, 2024. The Defeased Bonds will be called for optional redemption on February 1, 2014, at a price of 100% of the principal amount thereof, plus accrued interest to the redemption date. Pursuant to the defeasance provisions set forth in the resolutions authorizing the issuance of the Defeased Bonds (the "Bond Resolution "), the Defeased Bonds are deemed paid within the meaning thereof. The Paying Agent for the Defeased Bonds shall provide notice of redemption in accordance with the provisions of the Bond Resolution. CITY OF DELRAY BEACH, FLORIDA Dated: Instructions to Escrow Agent: This notice will be posted by the City with EMMA as soon as practicable after November 21, 2013. The Escrow Agent shall provide a copy of this notice to the Paying Agent with instructions to mail the same to the registered holders of the Defeased Bonds. WPB 383114058v7/016787.020000 M. _! /\ \\ \ \ \} \\ \ } \\ \\ L § u 0 \ -c \��~ - 0� u {i}() .0 u _ -_- , \ \% \0`( ) - j\} }� ® ® ) {#: #:� ® _ ! !{ / �u \\ \ fm §\ �u - R3 -! 2 \\ \\ \\ } z \ SO >06 - §{ _ $ aa !f } - /\ \\ \\ \\ \ \ \ \ \ - EZ _ )I \\ \\ \} \ \\ \ \\ \ \\ } \\ \ § \ / \ \\ ! �\ 0 _ §/ _\ ^ § {\ \\{ /\ /00 j/\ //( \ \ o - k § { /_ ; \\ \} \\ \ \ \§\ § \\ \ \ } ! k - { ! - \ { § - � ! ) a 3 ! ! ] £ ! MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: November 13, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for ratifications to the Kids and Cops Committee. BACKGROUND The Kids and Cops Committee was established as an Advisory Board to the City Commission in May, 1994 with the adoption of Ordinance No. 20 -94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as, representatives from the Delray Beach public schools. Over the years, membership has evolved to include "At Large Representatives" which has provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen At Large Representative" and "At Large Representative" category. The other appointments are made by the various groups involved and presented to the Commission for ratification. The current appointees for ratification are: Organization Represented Danielle Beardsley Parks and Recreation Department Sheila Bethel Pinegrove Elementary Alissa Broadway Plumosa Elementary Nicole Guerriero Police Department Adrian Rackauskas Police Department Tosi Rigby Crosspointe Elementary Angelica Rotondo Orchard View Elementary Marissa Tata Rona Tata Banyan Creek Elementary SD Spady Elementary A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they registered. RECOMMENDATION Recommend ratification of the Kids and Cops Committee members for two (2) year terms ending November 30, 2015. KIDS AND COPS 11/13 TERM EXPIRES REGULAR MEMBERS ORGANIZATION REPRESENTED 11/30/2015 Marissa Tata Banyan Creek Elem. Appt11 /06/13 11/30/2015 Vacant Carver Middle PBC School District 11/30/2015 Tosi Rigby Crosspointe Elem. Appt11 /06/13 11/30/15 Rona Tata SD Spady Elementary Reapptll /06/13 Unexp Appt09 /03/08 Ratified 03/17/09 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 11/30/15 Danielle Beardsley Parks and Recreation Reapptll /06/13 Ratified 02/07/06 Reapptll /07/07 Ratified 12/11/07 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 11/30/2015 Nicole Guerriero, Chair Police Department Reapptll /06/13 Appt01 /03/11 Ratified 05/07/11 Reappt10 /05/11 Ratified 11/01/11 11/30/2015 Adrian Rackauskas Police Department Reapptll /06/13 Unexp Appt11/02/11 Ratified 01/03/12 07/31/15 Jennifer Aracri At Large Representative Unexp Appt01 /03/12 Reappt07 /25/13 07/31/15 Francis Moschette At Large Representative Reappt02 /07/06 Reapptll /11/07 Reapptll /17/09 Reappt08 /16/11 Reappt 07/25/13 07/31/15 Phyllis Willingham At Large Representative Appt 03/03/08 (partial term) Reapptll /17/09 Reappt09 /06/11 Reappt 07/25/13 11/30/15 Sheila Bethel Pinegrove Elem. Reapptll /06/13 Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 11/30/15 Angelica Rotondo Orchard View Elem. Reapptll /06/13 Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 07/31/15 Cory Cassidy Citizen at Large Ratified 02/07/06 Representative Reapptll /11/07 Reapptll /17/09 Appt 08/16/11 Reappt 07/25/13 11/30/2015 Alissa Broadway Plumosa Elem. Appt11 /06/13 Reappt09 /02/09 Ratified 11/17/09 Reappt10 /05/11 Ratified 11/01/11 S /City Clerk /Board 13 /Kids &Cops � U Q / z x o % M N / r , � � M ICI ICI ICI ICI ICI ICI ICI ICI ICI ICI % i z r-• / O. �C p, �C p, �C O. �C O. %� O. �' Gr � O. � O. � fy �C O. �' � � O. CL CL � r-• � CL ^C � • � a� CC � S".. "� � � O y Ste. � � v '� _O y O �. .� O ." �' � CC "� � W � � ,�'" � C.'�.' • � � ,� ^■ 6� V � � N CC C � �. y � S. p .'"�".�, • .� O � S. � � • is rn rn C CC � C.' � ''� � ,�, bA • eC � � :i � s. bJ1 •'� CC '� CC � I� $3 U % / Z � r••� ti�AaV1A CC CC S".. . � O .}'. -. �: CC ��r�zU>a�oUWU� .V. � . � � SO. +�' � �a/� � � � eC V is i. S. .V. ^� p �C/ A eC � �" �' � -UV MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, LEED GA, Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: November 14, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of November 4, 2013 through November 15, 2013. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of November 13, 2013 A. Approved (4 to 3, Terra Spero, Alice Finst and Rustem Kupi dissenting) a color change associated with changing the color of an awning for Lady Katie, LLC, located on the north side of East Atlantic Avenue, between NE 4th Avenue and NE 5th Avenue (417 East Atlantic Avenue). B. Tabled with direction (7 to 0), a color change request associated with changing the color of an existing awning for Luigi's Coal Oven Pizza, located on the north side of East Atlantic Avenue, between the FEC Railway NE 4th Avenue (307 East Atlantic Avenue). C. Approved (6 to 1, Rustem Kupi dissenting), a color change request for Harbor Plaza, located at the northeast corner of South Federal Highway and Linton Boulevard (1725 South Federal Highway). D. Approved with conditions (6 to 0, James Knight stepped down), a Class V site plan architectural elevation plan and landscape plan for Uptown Delray, a proposed mixed -use development comprising of 146 dwelling units and 3,529 sq. ft. of retail/office space, located on the north side of SE 2nd Street between SE 4th Avenue and SE 5th Avenue. Concurrently, the Board considered the following waivers: i. Approved a waiver to LDR Section 4.4.13(F)(4)(c), which requires a minimum of 70% of the building frontage along SE 2nd Street at 10 feet from the property line. The proposed development is located nearly 100% beyond the 10 -foot setback line. ii. Recommended to the City Commission approval of a waiver to LDR Section 4.4.13(F)(1)(c), which requires a minimum floor height of 10 feet for ground floors and a minimum height of 9 feet for all other floors. A height of 8.17 feet is proposed for the ground floor lofts and 8 feet for the 2nd floor. iii. Recommended to the City Commission approval of a waiver to LDR Section 4.6.18 (B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use building shall be a minimum of 75% of the wall area for that elevation where 52% is proposed. iv. Recommended to the City Commission approval of a waiver to LDR Section 4.6.18 (B)(14)(iv)(4)(b), which requires that a minimum of 50% of the ground floor perimeter of the garage or the garage portion of the building adjacent to street rights -of -way shall be devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc. The garage along SE 4th Avenue provides none of the required window display or active use area. Historic Preservation Board Meeting of November 6, 2013 1. Approved (7 to 0), a request for a Certificate of Appropriateness associated with additions and alterations to a contributing property, located at 14 Dixie Boulevard. Concurrently the Board approved the following variances: i. Approved a variance (6 to 1, Ana Maria Aponte), to allow a reduction to the side interior setback from 10 feet to 8 feet associated with a garage addition. ii. Approved a variance (6 to 1, Samuel Spear dissenting), to allow a reduction to the rear and side interior setbacks from 10 feet to 5 feet associated with the construction of a swimming pool. No other appealable items were considered by the Historic Preservation Board. The following items which were considered by the Board will be forwarded to the City Commission for action: 2. Recommended approval (7 to 0), of an ad valorem tax exemption request associated with improvements to an individually designated historic property located at 290 SE 6th Avenue and known as "Adams Auto Dealership ". RECOMMENDATION By motion, receive and file this report. Attachment: Location Map CITY V COMMISSION MEETING APPEALABLE ITEMS LOCATION MAP NOVEMBER 19, 2013 -- -- CITYLIMITS "' ONE MILE PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT SPRAB: HPB: A. LADY KATIE C. HARBOR PLAZA 1. 14 DIXIE BOULEVARD B. LUIGI'S COAL OVEN PIZZA D. UPTOWN DELRAY 2. ADAMS AUTO DEALERSHIP -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— D0C \11 -19 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: November 15, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 AWARD OF BIDS AND CONTRACTS MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, EIT Randal Krejcarek P.E., Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: November 4, 2013 SUBJECT: AGENDA ITEM 8.11 - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 BID AWARD/ COASTAL CONTRACTING & DEVELOPMENT INCORPORATED ITEM BEFORE COMMISSION The item before the Commission is to approve and authorize the Mayor to execute a contract with Coastal Contracting & Development, Incorporated for the "Sidewalks 2013" construction project, P/N 2013 -071. The total award of contract is in the amount of $58,422.50. FUNDING SOURCE 118 - 1965 - 554 -63.11 (Neighborhood Services: Improvements — Other /Bike Paths /Sidewalks). r O ' N M M - O - O C) N N Q' N J m W Q � m W Z � p U Z (n W D ) m 0 N � � 0 in v) v) "O l- "O m M O v) v) O v) v) O 69 � N - CO M kr � N - 69 69 --� 69 69 69 69 69 69 69 69 69 I--I N O O c c� c O 00 O "O v) 0 0 0 0 0 F4 Z O O O O O O O O O O O O O O O O O N N 4') 0 C1 O O v) v) O 69 (4 U N C1 N O N 69 l M kf- N -� 69 v') 69 69 � 69 69 69 69 69 69 69 69 69 O O U W U p O 0 O 0 O v) O O O O O O O O O O N O O O O O O O O O O O O O 0 a N �.O O 69 0 0 0 0 0 P-i 69 O 69 69 69 M v� O O v� v� O rr��N ✓✓ � 69 69 69 69 69 69 69 W O O O O O O O O O O O O O O O O x 0 0 0 O O O 0 0 0 0 0 0 � O N O N N C' CO �O N N - C 69 O M - X 0 N 0 N �--� 69 V'� O� U 69 69 --� 69 69 69 69 69 69 69 69 69 � U O O 0 O 0 O N O M O v) N O M 69 O O O O O O O kn 69 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 a a 0 O N O N 69 69 69 N v� M O N O N v� v� O 69 H O Z 59 59 59 59 59 59 59 � •�, P-i O O O CO 01 M M N O N N N M N � 69 69 69 � 69 69 69 69 69 69 69 69 69 O 0 O a CG O v') v) 69 69 69 v') O O v) v) O 69 U 69 69 C-4 6 9 Z 69 l� N oc --� --� --� --� --� --� v�cncn vnvnvnvnvnvn a a a a a a a c Wcn a W W a W a Q ^w A N O U U cn cn W N " Q o cz o Z O CZ CZ ct cz 0 N + C .o O I n O n O 1 M O N O d O 0 Q U Q D N.W. 3RD TERR. ;ZZ.* TE 6T z ST. N.W. 3RD ST. x x x x 2ND ST. MARTIN LUTHER KING JR. DRIVE ¢ x 3 N f N.W. 3 1ST 3 Si. 3 3 3 3 3 3 z z O z 3 EE� T L ANT D ¢ ¢ s.w. 1ST SW 1ST IT. Si. > > ¢ a x M > r tt N n N�� �LTUU � 3 ST. S.W. 3 3 3 3 S.W. 2ND C N N N m 2 3 TERR. j N S.W. 3RD ST. ❑ ❑3 lz 3 S. W. 11 Lul L Z S. 4TH T. S.W. 4TH CITY of DELRAY BEACH 4 ENVIRONMENTAL SERVICES DEPARTMENT �P6 434 SOUM SW WON AVENUE, DELRAY BEACH, FLORDA 33444 SIDEWALKS 2013 DATE: 10/23/2013 LOCATION MAP FILENAME W 4TH S T, N W 4TH S T. AN D SW 5TH AVE 2013-071 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: November 13, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 DISCUSSION OF FRANCHISE AND GARBAGE CART FEE ANALYSIS ITEM BEFORE COMMISSION The item before Commission is consideration of proposed changes to the Franchise and Garbage Cart fees. BACKGROUND Attached is the report and history of the franchise and garbage cart fees submitted to the City Manager. Based on the findings and analysis, City Commission direction is needed on either reducing both fees, eliminating one of the fees or other options. RECOMMENDATION Commission direction. MEMORANDUM To: Louie Chapman, Jr., City Manager From: Lula Butler, Director, Community Improvement Subject: Franchise and Cart Fee Analysis Date: October 10, 2013 For the purposes of this report, our focus is on the Franchise and Cart fees that are additions to the monthly garbage costs billed to residents, as directed by the Commission. The $.90 cart fee was initially charged to residential customers beginning October, 1996 under Ordinance 33 -96, recommended and presented to the Commission by the Finance Director (Joe Safford). The $.90 was charged to residential customers receiving curb -side service using City - issued carts only. Residential service categories of "rear- door" and "curb -side bags" were not charged this fee. The cart fee has not changed since 1996. In 2012, the rear -door service for the Barrier Island was eliminated, new carts were issued and the $.90 cart fee was charged to this area as of May 2012. Under the same Ordinance (33 -96), all residential customers (regardless of service category) were charged a 5% Franchise fee (calculated on the total monthly fee charged to the City by the contracted waste hauler). In 2006 (Ordinance 50 -06), the Franchise fee was increased to 10 %. Again, this recommendation was presented by the Finance Director and approved by the Commission. In response to the Commission's request, to formulate the analysis and recommendation, staff considered three (3) options: (1) keep the fees the same as they currently exists, (2) reducing both fees or (3) eliminate one or both (Franchise and Garbage Cart Fee) as currently charged to residential properties as part of the garbage fee. Our conclusions are based on the following: • Billing and collection records between the Waste Hauler and the City from fiscal year 2011 through 2013 (the monthly revenue collected, adjusted for estimated bad debt) with a final focus on FY 2013 and the new fee schedule and revenue projections approved in the FY 2014 Sanitation Budget. • Actual expenditures for carts in comparison to revenue generated. • Review of the current Sanitation Reserve Account Balance. • Survey information obtained from other municipalities on Franchise Fees. The Cart Replacement Analysis chart below details the average number of AGAR users for each fiscal year, monthly rate charged and total annual fees, less uncollected revenue. We then compared the average annual revenue to the cost for carts, which gives us the net amount that goes into the reserve account each year. The Cart Replacement Analysis chart provides three (3) options for consideration: The next chart represents the list of municipalities surveyed and information provided on Franchise fees. Muni als Franchise Fee. ° Flat -F:e CITY OF DELRAY BEACH 10% Jupiter 3% Palm Beach Gardens CART REPLACEMENT ANALYSIS Riviera Beach $117,000 /month Royal Palm Beach 6% Tamarac CART NET Wellington AGAR MONTHLY ANNUAL UNCOLLECTIBLE ESTIMATED REPLACEMENT AMOUNTTO AVG # USERS . RATE FEES AT 1.5% REVENUES COST RESERVES FY11 15,274 0.9 164,959 2,474 162,485 49,896 112,589 FY12 15,792 0.9 170,554 2,558 167,995 49,929 118,066 FY 13 16,595 0.9 179,226. 2,688 176,538 56,930 119,608 AVG 15,887 0.9 171,580. 2,574 169,006 52,252 116,754 OPTION I 15,887 0.29 55,287 8Z9 54,457 52,252 2,206 OPTION2 15,887 0.45 85,790: 1,287 84,503 52,252 32,251 OPTION 3 15,887 .' Ol 52,Z52 (52,252) The next chart represents the list of municipalities surveyed and information provided on Franchise fees. Muni als Franchise Fee. ° Flat -F:e Delray Beach 10% Jupiter 3% Palm Beach Gardens 5% Riviera Beach $117,000 /month Royal Palm Beach 6% Tamarac $100,0001month Wellington 5% Staff Recommendation: Based on the findings, staff is recommending option # 1, which reduces the cart fee from $.90 to $.29, providing for a breakeven point with less than $2,000 going into the Annual Reserve Account annually as we move forward, and the reduction of the Franchise Fee from 10% to 5 %. I have also attached summary sheets with currently- approved rates along with the changes proposed under option #I and the changes in total annual revenues. Curbside Rollout Carts (AGAR) Garbage Collection Recycling Yard Trash Total Fees - Contractor Cart Replacement Administrative Fee Franchise Fees(10% of Contractor Fees) Total Fees Less C &D Credit Total Fees After Credit Rear -door Owner Container (BGAR) Garbage Collection Recycling Yard Trash Total Fees - Contractor Administrative Fee Franchise Fees(10% of Contractor Fees) Total Fees Less C &D Credit Total Fees After Credit Curbside Disposable Containers (CGAR) Garbage Collection Recycling Yard Waste Total Fees - Contractor Administrative Fee Franchise Fees(10% of Contractor Fees) Total Fees Less C &D Credit Total Fees After Credit SANITATION RATE PROPOSAL CURRENT FY14 6.61 2.68 2.68 11.97 0.90 0.35 1.20 14.42 (0.20) 14.22 FY14 17.38 2.68 2.68 FY14 22.74 0.35 2.27 25.36 (0.20) 25.16 PROPOSED RATE 6.61 2.68 2.68 11.97 0.29 0.35 0.60 13.21 (0.20) 13.01 PROPOSED RATE 17.38 2.68 2.68 22.74 0.35 1.14 24.23 (0.20) 24.03 PROPOSED RATE 4.47 4.47 2.68 2.68 2.68 2.68 DECREASE DECREASE ($) (%) 0.61 0.60 1.21 1.21 8.51% DECREASE DECREASE ($) M 1.13 1.13 1.13 4.47% DECREASE DECREASE ($) ( %) 9.83 9.83 0.35 0.35 0.98 0.49 11.16 10.67 0.49 (0.20) (0.20) 10.96 10.47 0.49 4.47% Multi- Family Service (DGAR) Garbage Coliection Recycling Total Fees - Contractor Administrative Fee Franchise Fee(10% of Contractor Fees) Total Fees Less C &D Credit Total Fees After Credit FY 14 CURRENT RATES: FY14 3.33 2.68 ROLL OUT CARTS TYPE A REAR /SIDE DOOR TYPE B CURBSIDE DISPOSABLE CONTAINERS TYPE C MULTI - FAMILY TYPE D LESS UNCOLLECTIBLES ESTIMATED RESIDENTIAL FEES FY 14 PROPOSED RATES: ROLL OUT CARTS TYPE A REAR /SIDE DOOR TYPE B CURBSIDE DISPOSABLE CONTAINERS TYPE C MULTI - FAMILY TYPE D LESS UNCOLLECTIBLES ESTIMATED RESIDENTIAL FEES 6.01 0.35 0.60 6.96 (0.10) 6.86 PROPOSED RATE 3.33 2.68 DECREASE DECREASE ($) N 6.01 0.35 0.30 0.30 6.66 0.30 (0.10) 6.56 0.30 4.39% AVERAGE ESTIMATED #USERS RATE REVENUES 16,595 14.22 2,831,771 299 25.16 90,274 2,638 10.96 346,950 14,837 6.86 1,221,382 34,369 4,490,376 1.5% (67,356) 4,423,021 AVERAGE ESTIMATED #USERS RATE REVENUES 16,595 13.01 2,590,811 299 24.03 86,220 2,638 10.47 331,438 14,837 6.56 1,167,969 34,369 4,176,438 1.5% (62,647) 4,113,791 ESTIMATED DECREASE IN ANNUAL REVENUES 309,229 LL6 z a Q F `z °d 0 N L CJ N 0 d N ill 0 N C d N } LL N t c C LL 0 n LLI N � r O Q n z � dr Ln m ri LO: O u'1 't .--� ' L1'1 tl ' ` O O w d' A N Cs Ln N m m rn a cn po w do O r w m LD cr n rl m Ln w La N 0) CZ w r co o u7 m LD f.i �D on r" m cI a m v Go dr ni co cn ko o co w r r Ln n o o v m. r m LD w N N Ln n m LD tl . m h Ln c A tl T-1 m oo 14 Ln 't O r N r to N 4Z La w N w oo h O a 0 w V 0 +-1 O a) O r O Lo r La 4) w cl w O oo cV Ln 'n ri m f-I a6' LD m a co of az m m m lf'1 ri LD to r m is w a- o O v ,-' _q m cp r-I rn ci u O ri w m Lo Dl m cm T-I a v vi o Ln a o n a o 0 0 a w oo r m c DO w dt It m r. d'' O O w N w w Ln Ln r. 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ITEM BEFORE COMMISSION The item before the City Commission is to award Bid No. 2013 -48, Beach Equipment Rental Concession for the Publicly Owned Beach to Oceanside Beach Service, Inc. BACKGROUND On Tuesday, September 17, 2013, the Bid received from (1) one vendor was opened, in accordance with the City purchasing procedures. A Selection Committee was formed and the first meeting was held on September 23, 2013. This item was placed on the Commission Meeting Agenda of October 15, 2013, with the recommendation for the City Commission to reject all bids received and re- advertise for the Beach Equipment Rental Concession for the Publicly Owned Beach contract. Per the minutes, the motion to not reject the only bid received was approved 3 -2. On Tuesday, November 5, 2013, the Selection Committee held a second meeting and made the recommendation to award Bid No. 2013 -48 to Oceanside Beach Service, Inc. based on reviewed information. The Parks and Recreation Department concurs with the Selection Committee's recommendation to award Bid No. 2013 -48, for the Beach Equipment Rental Concession, to Oceanside Beach Services, Inc. If approved, this agreement will be effective December 20, 2013. 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OL . 2 -CE 2 S± 2� E k 2 2 q § k 2 \ . co CL u k � � I r .. CITY OF DELRAYBEACH 100 NW l't AVENUE, DELRAY BEACH, FL 33444 Purchasing Olvisinn *klinance peparLntent +(561) 243- 7161/7163 +Fax (561) 243 -7166 MAYOR - CA:RY D. GLICKSTEIN VICE.1s1AYOR - AL JA.CQIIET DEPUTY VICE MAYOR - SHELLY E. PETROLIA COMMISSIONER - ANGELETA GRAY COMMISSIONER - ADAM FRANKEL ... ................ ... .. CITY MANAGER ......... ......... ......... ......... ... ........... - LOUIE GHAPMAN..11L .... ......... ....................... ... ... . . Purchasing Olvisinn *klinance peparLntent +(561) 243- 7161/7163 +Fax (561) 243 -7166 ■ Bid No. 2013 -48 BEACH EQUIPMENT CONCESSION FOR THE PUBLICLY [1-11,101, D1 03:1 A. "T11:1 Table of Contents Invitation to Bid 1 General Conditions, instructions and Information 2-S Standard Form of Agreement 6-9 Corporate Acknowledgment 10 Certificate (If Corporation) it Insurance Requirements 12 Insurance Form Sample 13 Drug Free WorhpIace Certification 14 Specifications IS-22 Schedule of Pricing: Part I Proposal Part 11 Technical Proposal Part III Questionnaire 23 24 25 ConeOf Silence .... ..... ..... .. ......................................... ......... ........26 .............. Bid Signature Form 27 Statement of No Bid 28 RFP No. 2013 -48 011-?a -�. EITY OF OELRRV BEREH INVITATION TO BID Purchasing Office Telephone No. (561) 243 7161 100 N.W. 1 st Avenue Fax: (561) 243 -7166 Delray Beach, Florida 33444 Bid No. 2013,48 TITLE: BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH BIDS MUST BE RECEIVED ON OR BEFORE: TUESDAY, SEPTEMBER 17, 2013:0 2:00 P.M. at which time all bids will be publicly opened and read. Invitation to Bid PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and /or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. A MANDATORY PRE -BID CONFERENCE has been scheduled for Tuesday, August 27, 2013 (cD_ 10:00 A.M. located at City Hall 1st Floor Conference Room, 100 N.W. 1St Avenue, Delray Beach, FL 33444. All interested bidders are required to attend and may ask questions. SEALED BIDS: Sealed bids /proposals will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: VENDOR NAME, BID NUMBER, TITLE AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) F AL AND FIVE (5) COPIES O, L AL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason .................. for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and /or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and /or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 12 of the General Conditions. -- -- RFP No. 2013 -48 1 P w k GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS I SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2 QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3 PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless wise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govem. C. Consideration in awarding bids for term contracts will be given first to the bidder offering firm prices subject to market price reduction and second to the bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. ....... ........ ......... ................................................. ....... ................................................ ... D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. RFP No. 2013 -48 2 1 P a g c 4 QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 5 SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. C COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 7 COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on -site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 8 MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 9 SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 10. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for ....... ........ ...... ......... ......... ......... ......... ......... .... ......... ......... .................. permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. LIABILITY INSURANCE_ The City prefers the insurance and bonding companies have a BEST Rating no less than A -, VII or better. If you have any questions regarding the Citys Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243 -7150. RFP No. 2013 -48 3 1 F a g e 11. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material /service from use as specified will not relieve the bidder from responsibility. 12 AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and /or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non - conforming, non - responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A sample Contract is attached to this ITB. The CITY anticipates that the final contract will be in substantial conformance with the Sample Contract; nevertheless, proposers are advised that any contract which may result from the ITB may deviate from the Sample Contract if in the City's opinion such deviation is reasonable, justifiable and serves the best interest of this procurement and of the CITY. 13. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85- 8012621559C -4 appears on each purchase order_ 14. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 15, EXCEPTIONS TO CONDITIONS, 1 THRU 14 (Boiler Plate) Any time Bid Specifications differ from the General Conditions, the Bid Specifications and Special Provisions will prevail. 1fi ANTI - COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). RFP No. 2013 -48 4 1 P a- e 17. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5) or more in the bidder's firm or any of its branches. 18. NON - DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply_ to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 19. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. .................. RFP No. 2013 -48 S P a L� e STANDARD FORM OF AGREEMENT FOR BEACH EQUIPMENT RENTAL CONCESSION ITS # 2013 -40 THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called BIDDER). WITNESSETH The CITY and the BIDDER in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned BIDDER hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The BIDDER, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The BIDDER further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the BIDDER include the following documents which are attached hereto and incorporated herein by reference of the following CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 General conditions, Instructions and Information 2-5 Standard Form of Agreement 6 - 8 Corporate Acknowledgement 9 Certificate (If Corporation) 10 Insurance Requirements 11 Sample Insurance Form 12 Drug Free Work Place Certification 13 .... ......... ... Bid Specifications ...... ......... ......... ......... 14-21 Proposal (Schedule of Pricing) 22 Technical Proposal 23 Questionnaire 24 Cone of Silence 25 Bid Signature Form 26 Statement of No Bid 27 RFP No. 2013 -48 6 1 P a g -- Addenda numbers to inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date set forth in the Bid Specifications. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach Attn: Louie B. Chapman, Jr., City Manager 100 NW 15i Avenue Delray Beach, FL 33444 As to Bidder: 7. The BIDDER shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the BIDDER shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the BIDDER each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. The BIDDER shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the BIDDER and any persons employed or utilized by the BIDDER in the performance of this agreement. BIDDER agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. BIDDER agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, ......... ......... .... ......... ......... ......... .... ......... ......... ......... ....... ......... ......... ......... .......... by -laws, ordinances or regulations by the BIDDER, his subcontractors, agents, servants or employees. BIDDER further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the BIDDER to defend at his own expense RFP No. 2013 -48 7[ P a g e or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the work be performed by the BIDDER, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. BIDDER acknowledges that as additional inducement to City's execution of this Agreement, BIDDER does hereby release, indemnify, and hold harmless City, its elected officials, officers, agents, employees, and representatives from and against any and all loss, liability, penalties, damages of whatever nature, causes of action, suits, claims, demands, judgments, injunctive relief, awards, and settlements arising out of the performance of this Agreement on behalf of BIDDER, its officials, agents, employees, and representatives. BIDDER further acknowledges that in no event-shall City, its elected officials, officers, agents, employees, and representatives be liable to BIDDER, its officials, agents, employees, and representatives for any indirect, special, and/or consequential damage or loss, arising out of the performance of this Agreement, including, but not limited to, loss of use, loss of profit, and/or business interruption whether caused by negligence of City or otherwise, and BIDDER shall indemnify and hold City harmless from any such damages or liability, provided, however, that BIDDER'S release herein shall be limited to such insurance coverages and amounts required by this Agreement and shall also exclude any release for contractual payment obligations for which payment remains outstanding for work performed (and accepted by City) under this Agreement. Bidder's Initials 14. Inspector General. BIDDER is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from BIDDER and its subcontractors and lower tier subcontractors. BIDDER understands and agrees that in addition to all other remedies and consequences provided by law, the failure of BIDDER or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 11. BIDDER shall comply with all public records laws in accordance with Chapter 119, Flat. Stat in accordance with state law, BIDDER agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. rovide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost to the CITY all records in possession of the BIDDER at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored RFP No. 2013 -48 8 1 P a g e electronically must be provided to the CITY in a format that is compatible with the information technology systems of the City. All records shoal be transferred to the CITY prior to final payment being made to the Bidder. e) if BIDDER does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 12. This Agreement shall be considered null and void unless signed by both the BIDDER and the CITY. 13. The contract documents constitute the entire agreement between the CITY and the BIDDER and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: 0 City Clerk Approved as to Form and Legal Sufficiency: By: City Attorney WITNESSES: Print Name: RFP No. 2013 -48 CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor :1i M. Print Name: 9 1 P a g e CORPORATE ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2q , by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public State of Florida - - - - - -- - - -- - - -- - RFP No. 2013 -48 10 1 P a s e CERTIFICATE (If Corporation) State of Florida County of I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on 2013, the following resolution was duly passed and adopted. "Resolved" that as President of the corporation, he/she is hereby authorized to execute the Agreement dated 2013, between the City of Delray Beach, Florida and this corporation, and that that this execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of the corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20 (Secretary) (Seal) RFP No. 2013 -48 1 1 l p G - e INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below_ B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1 Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with Statutory limits of $100,000/$500,0001$100,000. 2 Comprehensive General_ Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $1,000,000. per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and /or Operations. C) Independent Contractors. d) Products and/or Completed Operations_ e) No exclusion for Underground, Explosion or Collapse hazards. 3 Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $1,000,000. per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. C) Hired and Non -Owned Vehicles. d) Employer Non - Ownership. 3 Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically, to this bid section the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial ....... ......... ......... ...... insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". - -- -- - - - - -- ------------------------------ RFP No. 2013 -48 12 I a e Attachment 1, 1 of 3 ,400RD CERTIFICATE OF LIABILITY INSURANCE EI wrow'°°r reyl PROmicm Good Insurance, Inc. - P.O. Box A -1 Best City, USA 00000 THtS CERTIFICATE 15 ISSUED AS A MAT rER OF INFOR14ATION ONLY AND CONFERS NO RIGHTS UPON THE ORR70CATE HOLDER. THIS CERTIFICATE;)0E-S HOT AMEND, EMNI) OR ALTER THE COVERAGE AFFIIRDED SY THE POLICIES BELOW - INSURER$ AFFORDING COVERAGE NAIC9 WSUHEP Willing Workers Assoc. ABC Drive Anytown, LISA 00001 IKSUR+KA: R�+RFS �ISUR Re: msuRERC, GLP077604 - 1N841RER D: sAalocxlrraEx alsul�� s eOVuKACi -- THE POMIES CF INSURANCE LISTED BELOW HAVE UEEN WVED TO THE WSURED KMr=D ABOVE poR THE POLICY PE?IOD INDICP.TED. NOTMTFISTANRINe ANV REQUCRE+1ENr. TERM OR CON=0T 1'01= ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WR CH Tip$ CERTIFICATE MAY UE ISSUED OR MAY PERTAIN, THE INsUR,`,Nct AFFORDED SY-THE POLICIES DE5CMBEO HEREIN IS SUBJeCT TO AU- THETERMS, EXC'L1 JSICNS AND CONDITIONS OF SUCH POUCIES.AGGRE - SATELIPATS SHOVM LIAYHAVEBEM REDUCER VMMI)CLAIMS. IiZ.R 100 .NW Ist AVENUE NOT[CETOTHEChltT1FIGA4EHOLDER RAM TO UM LWrAVTFAS. PXTVDOSG SUKM POtlCY N11NSL`R POU¢YFSFEC'RVE 01101110 POUCYDfFfRA7tRti I.7,rrr5 R�+RFS A C0MMCRC4ALGEAERALLMVTy CWh15 MAPS �9CC1AZ GLP077604 - 01/01/11 sAalocxlrraEx s 500,000 s i ME¢EXPLAM � -) i PER.tttNUaAPV1NtURY i - GETIIi 4AGGRECAIE L�tASrxatGA'TLarts APPLiEE PER; RROOUCTS- CDIAPR9PAGG i �� tAc PCM A .5U'fOf106RELN4AA -1GY „[TY ANYAVTO AL-PO77606 01/01/10 01/01/11 GP1HdSN£9$V1GiE tlAYT '”` "'s = X300;:000 BODILYINIURY S�rPn�'9 = ALLOYINEOAUTOS SCti�7}l7r EnFU:05 G"OILLy nRY S iiMD&uTOS NIXi- P.4liE¢At1:p6 - PTU)PERYYOAMACE IAarsccrdoid) S i GAKAOE3StSB.STY _. At1i1DFRLY- EI.r.G,^¢E =NT 4 EALt..'^ i i _Eri�E58NAeR6L1.\L.IABRrLY AGG ... EACY:OCCSJliR81EE �S AGGREGATE S OGCUft �f:LA1M8 MADE i s TS®ll(:TIBIE _ REl'i= lIT10N S NCSTATU- Orrt- rR B WRRKMD C¢atPENSAT1OMAa1¢ EUPLOYEWUOR= WL?077606 03/01/10 03/01/11 FiFAMAG D=Kr s 100n 000 'H+Id E]fOtUOED a e3UOTSEASE- EAEMPLPYGE $ 100 000 E.L. DEeEA.9E•FauGXLMEY S SOO ODO yTF�rFSsF,, &PECfltLf'ROYIEItu73irluv oE6cRMnGNOFOPSRAT tYiNbll.Or:AT�f VgsgcLE6! EXCLLSIOftS AGBr� d7�'7P¢RS�PI�FISPtgAL7ROV1S10N9 THIS INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED see attached endorsement. ••••••- ••••••' •`- •.!`•' CITY OF DELRAY BEACH- 6fiouta JCNroFtelEA90YEAESCRt9EpP ¢L�><'#RE CAflCE4.m tlfFQRa:7�rc7wiRxr�}I OArE THEREOF, TKtZ =LMG i1ROVIR WMLFY1DEAVMY0KML 30 DAY9.INRrnVN 100 .NW Ist AVENUE NOT[CETOTHEChltT1FIGA4EHOLDER RAM TO UM LWrAVTFAS. PXTVDOSG SUKM DELRAY BEACH, FL 33444 AVOCE Wo OSiMMU OR LUMUTT or ARr IVHD UPON THE WgURM, ITS ACENT3 OR 3iRPR,ESENTATiYFA. R�+RFS ACORU 25 (800'1106] RFP No. 2013 -48 13 1 P a e DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendor who submits a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that A has implemented a drug free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed uoon emplovees for druo abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer, of any conviction of, or plea of guilty or polo contend ere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug -free workplace through. implementation of this section. Contractor's Name Signature Date RFP No. 2013 -48 14 1 P a g e CITY OF DELRAY BEACH SPECIFICATIONS BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH Bid No. 2013 -48 A. PURPOSE City of Delray Beach, Florida (City) is seeking bids from qualified firms, hereinafter referred to as the Bidder, to provide a beach equipment rental concession for the City's municipal beach, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (ITB), It is the intent of the City to award a single Contract to the first ranked bidder responding to this ITB. B TERM OF CONTRACT The contract term shall be for a period of five (5) years beginning on November 1, 2013, and expiring on October 31, 2018. The City reserves the right to change the start date of this RFP in its sole and absolute discretion. C. BEACH EQUIPMENT 1. At no time will more than two hundred fifty (250) beach chairs, cabanas, umbrellas, and wind breakerslclamshelIs be permitted on the beach. The two hundred -fifty (250) total includes__ equipment for Atlantic Dunes Park. The maximum___ allowable amount of equipment may be lowered by the City of Delray Beach as needed due to beach erosion, diminished beach size, special events, or other circumstances. 2. All beach chairs, cabanas, umbrellas, and windbreakers etc. will be uniform in appearance with no special markings, wording or signage that differentiates one piece of equipment from the next and all the above mentioned items must be pre - approved by the City of Delray Beach. All equipment must be of very high quality in both form, function and appearance. Upon the start date of this Concession Agreement all equipment must be NEW. 3. The contractor shall not be authorized to rent any equipment which is not scheduled in his proposal furnished to the City, unless prior to such rental, the contractor shall have furnished an additional list of equipment to the City and received approval. Equipment list requests will be submitted to the City in writing. D. EQUIPMENT SET -UP AND LOCATION 1. Upon execution of this contract, the contractor acknowledges that all of the beaches are public and concession operations must not restrict, or appear to restrict, access to the general public, or in any way limit the public nature or ambiance of the beachfront. The contractor will conduct its operations so as to maintain a reasonably quiet and tranquil environment and make no public disturbances. The contractor will not in any way limit or restrict the public from using any portion of the public beach. All of Delray Municipal Beach will remain available for public use whether or not the public elects to patronize or rent contractor equipment. RFP No. 2013 -48 151P `� 2. Upon execution of this contract, the contractor will submit a written plan indicating the location of all equipment. Equipment includes any item placed on the beach by the contractor. This plan will be submitted to the City which shall have the right to approve or disapprove the location of equipment. The contractor may not alter the set -up location of equipment without prior consent from an authorized City designee. The contractor agrees that it may be necessary for the City to alter set -up plans in the interest of public safety and to ensure a clear line of sight for patron surveillance. The contractor and all employees of the contractor will respond promptly and effectively carry out any such directions. 3. Equipment set up and location plans must conform to the following conditions: • Equipment and service is restricted by the boundaries of the municipal beaches and recreation areas. No equipment will be set up or stored off of the public beach. Equipment will not be set up within the designated recreation areas. • Equipment must be arranged in one or two rows. No more than two rows of any equipment may be placed on any section of beach without written authorization from the City of Delray Beach. For the purpose of this contact, a row is defined as two or more pieces of equipment arranged next to each other or within proximity to one another. Equipment is defined as any item which the contractor places on the beach. • _- No equipment will be placed -where it obstructs or enters the line of sight when viewing the Atlantic Ocean from the Ocean Rescue lifeguard towers. • No equipment will be placed in front of beach access pathways; egress should be a minimum of fifty (50) feet wide. An egress of sixty (60) feet shall be maintained in front of each lifeguard tower. • The equipment concession area will be divided into three primary sections with an employee stationed to each section to provide service. The three sections are defined as the area within three hundred (300) feet of the South 1 Lifeguard Tower, the South 3 Lifeguard Tower and Atlantic Dunes Park. 4. Removal and placement of equipment on the beach shall be conducted during daylight hours and shall not occur in any location prior to completion of marine turtle surveys or any protective measures mandated by the city, state or county. All equipment ....... will be. stored and secured with proper locking devices before 8:00 P.M. or sunset, whichever is earlier, every day. RFP No. 2013 -48 lb I P a g e 5. The contractor will ensure the placement and storage of all equipment is compliant with environmental standards, codes, ordinances and laws of the City of Delray Beach, Palm Beach County, and the State of Florida. This includes compliance with Article 14A of Palm Beach County's Unified Land Development Code_ According to Article 14A, from March 1St through October 31St "Beach obstructions shall be removed from the beach or placed in a single row as close to the toe of the dune as possible in an area that does not impact native vegetation or significantly affect sea turtles." The contractor will comply with Article 14A by removing all equipment from the beach or placing all equipment in a single row as close to the dunes as possible before darkness or 8 P.M. every day during turtle nesting season or from March 1St until October 31St E. Hurricane Evacuation Plan The contractor agrees that all equipment will be removed from the beachfront within one (1) hour of notification by the appropriate City authorities and stored at an approved, private, off -site location. The contractor will include a detailed hurricane preparedness /evacuation plan, which shall include the location and proof of ownership and/or control by the contractor (either through a deed, lease or other form satisfactory to the city) of a proposed hurricane storage facility, must be provided in their response and proposal to this RFP. F. Maintenance of Equipment and Concession Area 1. The contractor will keep all equipment in good repair so that it is aesthetic in appearance and in safe usable condition so as not to present any potential hazard to any beach patron. Equipment will be maintained in a manner that will ensure continuous, satisfying service to the public. Damaged equipment will be repaired or promptly removed from the beach until it is restored to usable condition. Damaged equipment must be repaired or removed from the beach by the following day it was discovered or reported damaged. The contractor will be responsible for any costs incurred with the disposal or removal of equipment. 2. When the contractor seeks to utilize a motorized vehicle for the purpose of transporting equipment to or from the beach they must obtain prior approval from a designated employee of the city. The contractor will ensure that only employees with a valid license operate such vehicles and that operators conform to the following regulations: Vehicle use will be restricted to weekday mornings when beach visitation is lowest. The city may amend this requirement in the event of an emergency such as a hurricane which necessitates prompt relocation of equipment. ......... ......... Vehicle use will not occur on Saturday or Vehicle operators will limit distractions and direct attention to operating the vehicle in a manner that maximizes the safety of beach patrons. Cell phones will not be used while vehicles are being operated. RFP No. 2013 -48 -- 17 1 P a g e 3. The contractor will remove all debris and litter within fifty (50) feet of all concession areas or within fifty (50) feet of any area where equipment is placed_ Debris and litter removal will be conducted at the beginning and end of every day of operation. The contractor will complete debris and litter removal by raking and disposing of any items within fifty (50) feet of equipment. The debris and litter removed by the contractor will include but not be limited to cigarette butts, bottle caps, and any glass, plastic, paper and metal objects. 4. The contractor will maintain the main beach walkway located in the immediate vicinity of the Atlantic Avenue pavilion. The contractor will maintain this walkway on a daily basis by sweeping and keeping it free of sand and debris. G. Contractor Staff 1 _ During all hours of operation the contractor shall maintain adequate on -duty personnel to comply with all terms and conditions of this contract. A minimum of one (1) staff member employed by the contractor will be stationed at each of the three concession areas as described in section D of this contract. A staff member will be stationed at each concession area during hours of operation. The contractor will employ workers to service this operation who are literate, neat, clean, well groomed and courteous. 2, An experienced manager shall be present to oversee the daily operation of this concession and this manager will have the authority to direct the operation and immediately take any actions required to correct erroneous procedures and ensure complete and continuous compliance with the requirements and specifications of this contract at all times the concession is in operation. 3. Upon execution of this contract a City designee and the contractor shall establish a standardized uniform to be worn by all employees of the contractor. The city will seek input from the contractor when determining the uniform-, however, the city will make the final decision in determining uniforms which will consist of a shirt, shorts, hats, and visible identification. The contractor will be responsible for the cost and acquisition of uniforms for all staff. Employees of the contractor will wear the established standard uniform in clean and professional condition whenever on duty during hours of operation. 4. The contractor and staff of the contractor shall adhere to all City ordinances and be cognizant and vigilant in following all regulations posted at the beach or any regulation delivered by city employees who are authorized to ensure compliance and or public safety. The contractor and staff of the contractor will immediately vacate the municipal beach when the city determines that the beach must be closed due to lightning or for any other reason. Whenthe beach is closed to the public the contractor and his staff will not attempt to continue service or work in any capacity. 5. "Hawking" to attract attention and/or summoning or accosting any person is prohibited. The playing of music or allowing other activity that disturbs the public is prohibited. RFP No. 2013 -48 18�Page H. Beach Wheel Chairs When requested by the public or by city staff, the contractor will provide beach wheel chairs to patrons in need of this service. The beach wheel chairs are purchased and owned by the City of Delray Beach but will be provided to the public by the contractor. The contractor will not charge the public any fee for the provision of these chairs. The beach wheel chairs will be stored in the areas provided by the City of Delray Beach. The contractor is not responsible for transporting patrons to, from, or in the beach wheel chairs. !. Advertising and Signs Unless approved by the city, the contractor shall not display or distribute any signs or advertising material on the public beach. J. Complaints The contractor will provide an email address that will be checked at least once per day as a means to respond to patron complaints or requests or for correspondence with the City of Delray Beach. All complaints received and corresponding responses will be copied to the city, K. Parking Requirements No parking spaces will be provided by the City of Delray Beach. L. RATES CHARGED FOR BEACH EQUIPMENT All rental rates for beach umbrellas, chairs, cabanas and similar beach equipment shall be approved by the City Manager. Any increase in rental rates must have prior approval of the City Manager or his designee. All rentals of equipment shall include at a minimum a one half day - (1/2) and full -day rental rate. The Bidder shall furnish to the City a schedule of rental charges on all equipment. The rental schedule shall be posted in a conspicuous place at the public beach, in a form and location approved by the City Manager or his designee. M. LICENSES The Bidder shall maintain a valid yearly City local business tax receipt. Bidder shall make application for, and obtain at its own expense all necessary permits from any governmental .. ........ ..entity or agency requiring such. Bidder specifically .agrees to obtain the necessary permits if ....... any, from the Division of Beaches and Shores of the Department of Environmental Protection, State of Florida. Any permits and the expense of obtaining such shall be at no cost to the City of Delray Beach, RFP No. 2013 -48 19 1 P a g c_. N TERMINATION OF CONTRACT Failure of either party to comply with the provisions of the contract shall cause the contract to be voidable upon twenty (20) days written notice to the other party; provided that the City may terminate the contract upon thirty (30) days written notice with or without cause and in the sole discretion of the City. The successful Bidder agrees to remove any of its equipment used in connection with the contract upon demand of the City Manager or his/her designee. Such removal shall suspend the Bidder's obligation to pay the required monthly fee in an amount proportionate to the number of days during which the removal is required. Any removal required by the City which is in excess of twenty (20) days shall be deemed non - compliance, and the Bidder may exercise the provisions stated in the above paragraph. O PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of an public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. P CONCESSION FEE PAYMENTS The Bidder shall pay to the City a fixed annual concession fee quarterly in advance, based on that amount submitted in the Schedule of Pricing Section of this ITB and accepted -by the City. The initial quarterly payment shall be paid within seven (7) working days after days prior to the commencement of each quarter thereafter. All payments shall be submitted to the City Finance Department. Q BIDDER MINIMUM FEES The City intends to award a single Contract for the rental of beach equipment. Minimum acceptable annual concession fee: Year 1 Year 2 Year 3 Year 4 Year 5 #The above is $ 170,000.00 $ 170,000.00 $ 170,000.00 $ 170,000.00 $ 170,000.00 io the minimum acceptable fee. For every increment of $15,000 over the five (5) year aggregate of $850,000 guaranteed minimum, one point will be awarded to the bidder up to a maximum of 30 points. RFP No. 2013 -48 20 1 .P a g e R ADDITIONAL AMENITIES The Bidder agrees to provide additional amenities to the City as provided in the proposal section of this ITB and as approved by the City. Additional amenities are agreements with hotels for amenity charge plans, amenities directly related to and used in conjunction with the beach equipment, towel rentals, and the ability to receive credit cards as payment where each attendant has the ability to give the customer a receipt that does not require the attendant or another Bidder employee to leave the beach. Additional amenities shall not include the sale or dispensing of food, beverages, sun blocks, suntan products, clothing, other retail items, rental or sale of watercraft, floats, snorkeling gear or any other items that may be used in the water or for recreation on the beach or any activity that would limit public use of the beach. The additional amenities must comply with all City rules, policies, ordinances and Comprehensive Plan. The City reserves the right, in its sole discretion, to require the Bidder to discontinue any or all of the additional amenities at any time during the agreement period, upon receiving 30 days written notice from the City. All proposed additional amenities are subject to approval by the City and the City may or may not accept the additional amenities, in its sole discretion. A proposed additional amenities plan shall be provided in the technical proposal section of this ITB. S. SPECIAL EVENTS The City will hold sponsored and cosponsored events and activities on the beach from time to time. In such cases, the City may request that the Bidder cease and desist operations during the term of, and in the area of the special event and/or production, and the Bidder shall cease and desist during said term. If the Bidder is not required to close, or chooses to remain open without interference to the special event and/or production, Bidder agrees to cooperate with the City. During such events, the Bidder may be allowed to continue operations or be assigned a temporary location elsewhere within close proximity of the original assigned site. During the event, the Bidder has the option of operating his/her equipment from the temporary site or stopping operations until the event is over. The City reserves the right to allow other rental of concessions to operate upon the original assigned site or in close proximity to that site during special events as may be approved by the City. T. MISCELLANEOUS The City grants exclusive right to the Bidder for the services requested in this Invitation to Bid. The successful Bidder may not subcontract, transfer or assign any portion of the contract except with the express written approval of the City. The terms "Invitation to Bid" (ITB) and "Request for Proposal" RFP are used interchangeably and both refer to ITB No. 2013 -48. RFP No. 2013 -48 211Page CONSIDERATION FOR AWARDIAWARD PROCEDURES The award of the Contract will be based on certain objective and subjective considerations listed below: Maximum Points Available Understanding of the overall needs of the City as presented in the proposed plan, including, but not limited to, management and staffing, 20 implementation schedule, operational plan, rental rates, proposed equipment, equipment set -up and location plan, marketing plan, hurricane plan, etc. Experience, qualifications, lawsuit/litigation history and references of the 15 proposing firm. Proposing Firm company financial Information. 10 Proposed plan for management, staffing and operation of concession under 15 this Contract. Additional Amenities Plan 10 Up to a -rnax of: Total five (5) year revenue above guaranteed minimum concession fees proposed. For every increment of $15,000 over the five (5) 30 year aggregate of $850,000 guaranteed minimum, one point will be awarded to the bidder up to a maximum of 30 points. The evaluation of bids will be conducted by a committee of City staff, or other persons, as determined by the City Manager. The committee will evaluate all responsive bids based upon the information and references contained within the bids as submitted and score and rank all responsive bids. The first ranked bidder resulting from this process will be recommended to the City Commission for award. Information and references submitted will be considered in the award. The City may require visits to customer installations or demonstrations of product by Bidders as part of the evaluation process. The City may require additional information and Bidders agree to furnish such information. The City reserves the right to award the Contract to that Bidder who will best serve the interest of the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all bids. The City also reserves the right to waive minor irregularities or variations to the specifications and in the bidding process. RFP No. 2013 -48 22 1 P a g e CITY OF DELRAY BEACH BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH Bid No. 2013 -48 SCHEDULE OF PRICING PART I: PROPOSAL Year One: Annual concession fee: $ (minimum acceptable $170,000) Year Two- Annual concession fee: $ (minimum acceptable $170,000) Annual concession fee: $ (minimum acceptable $170,000) Year Four- Annual concession fee: $ (minimum acceptable $170,000) Year Five: Annual concession fee: $ (minimum acceptable $170,000) Total five (5) year concession fee: $ ......... ........ .................................................... ........ ..... ......... ......... NOTE: APPLICABLE FLORIDA STATE SALES TAXES SHALL BE ADDED TO THE ABOVE LISTED ANNUAL CONCESSION FEE. ON ►- e: DATE: ------------------------------------ RFP No. 2013 -48 23 Pae +PART 11 - TECHNICAL PROPOSAL The following issues should be fully responded to in your proposal in concise narrative form. Additional sheets should be used, but they should reference each issue and be presented in the same order. I. Understanding of the City's needs for the concession and your overall approach to those needs. 11. Your proposed operational plan, including: Equipment Set -up and Location plan Hurricane evacuation plan Management and staffing plan Maintenance of Equipment Concession Area plan Method proposed to anchor umbrellas, and windbreaker /clamshells Additional amenities plan Any other information you feel will assist the City in evaluating your bid III. Provide in your proposal the type of equipment that you plan to provide for rental including specifications. Photos or brochures of the equipment will be helpful in evaluation. IV. List your proposed rental rates for each contract year. Describe equipment and list proposed rates for an hour, more than an hour, half day, full day and any other rental arrangements. --------- - - -- - - - -- - - - - - RFP No. 2013 -48 24 1 P a g e *PART III — QUESTIONNAIRE 1. How many calendar days from award of Contract would you need prior to initiating operations? 2. Number of years' experience the bidder has had in providing similar services? 3. List those persons who will have a management or senior position working with the City if you are awarded the Contract. List name, title or position and duties. A resume or summary of experience and qualifications must accompany your proposal. 4. List all contracts currently held for providing similar services. Provide agency name, address, telephone number, contact person and date contract expires. If services provided differs from the one presented in your proposal, please delineate such differences. 5. List clients for whom you have provided similar services in the last three (3) years. Provide agency name, address, telephone number, contact person, and date service was provided_ If services provided differs from the one presented in your bid, please delineate such differences. 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10 %) interest. a. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the Contract. b. List all judgments from lawsuits in the last (5) years which are concerned directly with the staff or part of your organization proposed for the Contract. 7. Attach a Balance Sheet and Statement of Profit and Loss of the proposing firm from the preceding calendar or fiscal year, certified by either an appropriate Corporate Officer, or an independent Certified Public Accountant. If the bidder is a privately held corporation, provide such records, for City review, at a time and place convenient to the City, will satisfy this requirement. The bidder understands that the information contained in these Bid Documents is to be relied upon by the City in awarding the proposed Contract, and such information is warranted by the bidder to be true. The bidder agrees to furnish such additional information, prior to acceptance of any bid, relating to the qualifications of the bidder, as may be required by the City. R-FP No. 2013 -48 25 1 P a a e CITY OF DELRAY BEACH BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH Bid No. 2013 -48 CONE OF SILENCE The Palm Beach County Lobbyist Registration Ordinance (Sections 2 -351 through 2 -357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2 -355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2 -355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence__ shall be in _effect as of the deadline to submit the proposal,__ bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, ......... division 2, - art A, section 2 -51 et se or municipal ordinance as applicable; P q.)....... P pP (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Contractor's Name Signature Date ------- --- -_-. RFP No. 2013 -48 261P BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH BID # 2013 -51 — OPENING 09117/2013 PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The uridersigned bidder certifies that:ti is btd p'ackagp. rs submitted_ In aecorda— Ai with th Catxon in S. entrrety and *ith full'unde standM2 of the Conditions, govern g tins bid 'Name of Bidder (Firm Name as Registered with their State of origin) Business Address: Street Address (P.O. Box Address is not permitted) City, State, Zip Mailing Address: ❑ Check if Same as Business Address above Street Address City, State, Zip Authorized Signature (Written) Print Name and Title of Person Signing this Form Date Telephone 1 Fax No. Email Address of Authorized Signee: VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: TELEPHONE: ( ) EMAIL ADDRESS: - - - - -- - - -- ... - - — - - - - -- - RFP No. 2013 -48 27 1 t a If you are not bidding on this service /commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1 sf Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑ Woman ❑ Other We, the undersigned have declined to bid on Bid No. 2013 -48 due to the following reasons): Please Check below: ❑ Specifications too "tight', i.e., geared toward brand or manufacturer only (explain below) ❑ Insufficient time to respond to the Invitation to Bid ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications ❑ Unable to meet bond requirements ❑ Specifications unclear (explain below) ❑ Other (specify below) SIGNATURE: DATE: RFP No. 2013 -48 28 1 P a 2 e MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 13, 2013 SUBJECT: AGENDA ITEM 9.B.1 - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 TERMINATION OF AGREEMENT/ OCEANSIDE BEACH SERVICES, INC. ITEM BEFORE COMMISSION The item before the City Commission is to approve the termination of the beach cabana contract with Oceanside Beach Services, Inc. BACKGROUND Currently the City has a contract with Oceanside Beach Services, Inc. for the beach equipment rental concession on the City's municipal beach. Pursuant to Paragraph J, under Specifications, of RFP #2009 -18, the City may terminate the Contract with or without cause upon 30 days notice to the vendor. Thirty days from the date of the Commission meeting will be December 19, 2013. RECOMMENDATION Recommend termination of the contract with Oceanside Beach Services, Inc. and for that termination to be effective December 19, 2013. MEMORANDUM TO: Mayor and City Commissioners FROM: Milena L. Walinski, Interim Finance Director Lisa M. Herrmann, Budget Officer THROUGH: Louie Chapman, Jr., City Manager DATE: October 17, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 RESOLUTION NO. 50-13 BUDGET AMENDMENT ITEM BEFORE COMMISSION The item before the Commission is to consider Resolution No. 50 -13 which amends the FY 2012 -13 budget. BACKGROUND This budget amendment covers overexpended accounts in the miscellaneous expenditures division. The accounts are postage ($199), bad debt expense ($950), reimbursement of special event costs ($4,398) and other current charges ($6,448). The amendment will also balance the budgeted transfer amount to the Beautification Trust Fund to the actual transfer. Since this transfer is based on a percentage of the Communications Service Tax funds received, an estimate is used to budget and must be amended to balance with the actual. This transfer, both from the General Fund as an expense and to the Beautification Trust Fund as a revenue, is being increased by $27,522. The amendment is also needed to record the refinancing of Revenue Bonds, Series 2008 Line of Credit (LOC) approved by the City Commission on May, 21, 2013 in Resolution No. 29 -13. The debt service division is increasing by the $3,000,000 payment which is offset by $2,629,000 in revenue note proceeds and $371,000 in prior year surplus. RECOMMENDATION Staff recommends approval of Resolution No. 50 -13 amending the FY 2012 -13 budget. RESOLUTION NO. 50 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49 -12 ADOPTED SEPTEMBER 20, 2012 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2012/2013, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2012 /2013; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 49 -12 adopted by the City Commission of the City of Delray Beach, Florida, on September 20, 2012 and Section 1 of Resolution No. 30 -13 adopted by the City Commission of the City of Delray Beach, Florida on June 4, 2013, are hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A ", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 15` day of October, 2012, and ending the 30`h day of September, 2013, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 15` day of October, 2012, and ending the 30`h day of September, 2013. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30`h day of September, 2012, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 15` day of October, 2012. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 15` day of October, 2012. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and /or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures /expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures /expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 4, 2012, and September 20, 2012. 2013. ATTEST: City Clerk Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 19th day of November, MAYOR RES. NO. 50 -13 CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM - DELINQUENT AD VALOREM - DDA Sales & Use Taxes Utility Taxes Other Taxes Franchise, Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES Exhibit A Budget Summary As Amended General Fund DOWNTOWN Amended DEVELOPMENT FY 12/13 FUND 2,197,844 SPECIAL ENTERPRISE REVENUE FUNDS FUNDS TOTAL 5,855,950 410,870 8,464,664 Millages 7.1992 42,530,160 0 0 0 42,530,160 0.6041 3,570,050 0 0 0 3,570,050 500,000 0 0 0 500,000 1.0000 0 494,566 0 0 494,566 1,310,000 0 0 0 1,310,000 5,150,000 0 0 0 5,150,000 4,390,000 0 0 0 4,390,000 8,859,370 0 800 0 8,860,170 6,746,185 0 402,750 1,872,328 9,021,263 10,286,425 0 42,451,570 0 52,737,995 1,097,500 0 0 116,500 1,214,000 5,951,979 85,000 67,840 133,340 6,238,159 6,984,550 0 103,000 1,335,197 8,422,747 48,279 97,376,219 579,566 43,025,960 3,457,365 144,439,110 3,868,235 99,574,063 579,566 48,881,910 3,868,235 152,903,774 EXPENDITURES /EXPENSES: General Government Services 9,282,373 0 0 25,938 9,308,311 Public Safety 53,371,334 0 0 125,500 53,496,834 Physical Environment 560,970 0 30,078,838 0 30,639,808 Transportation 3,323,542 0 0 0 3,323,542 Economic Environment 6,718,440 577,996 0 2,782,828 10,079,264 Human Services 59,750 0 0 0 59,750 Culture & Recreation 14,234,391 0 3,560,412 885,690 18,680,493 Debt Service 8,365,330 0 6,719,580 0 15,084,910 Other Financing Uses 3,606,493 0 7,642,890 0 11,249,383 TOTAL EXPENDITURES /EXPENSES 99,522,623 577,996 48,001,720 3,819,956 151,922,295 Reserves 51,440 1,570 880,190 48,279 981,479 TOTAL EXPENDITURES AND RESERVES 99,574,063 579,566 48,881,910 3,868,235 152,903,774 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, City Manager DATE: November 7, 2013 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Code Enforcement Board. BACKGROUND There is a vacancy on the Code Enforcement Board due to the resignation of Mr. Kurt Lehmann. The term is unexpired ending January 14, 2015. Appointment is needed for one (1) regular member. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: Name Background Mark Behar Entrepreneur -Local Business/Property Investor Stanley Brodka Insurance- Regional Vice President Robert Marks Chief Construction Inspector Iris McDonald Real Estate Development and Brokerage (currently serving on the Historic Preservation Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve an unexpired term ending January 14, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending January 14, 2015. 10/13 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2016 Jason Dollard Attorney Layperson Unexp Appt 4/21/11 Reappt01 /03/13 01/14/2016 Kevin Homer Insurance Layperson Appt 01/03/13 01/14/2014 Kelli Freeman, Vice Chair Staffing Manager Business Appt 01/03/08 reg Person Unexp Appt 10/2/07 alt Reappt01 /04/11 01/14/2016 Ronald Gilinsky Sales /Marketing Layperson Unexp Appt 09/06/11 Reappt01 /03/13 01/14/2015 Stephanie Sugar Regional Director Business Unexp Appt 11/01/11 Person Appt 01/03/12 01/14/2015 Unexp Appt Vacant 01/14/2015 David Boone Attorney /Educator Layperson Unexp Appt 03/01/11 Reappt01 /03/12 ALTERNATES 01/14/2016 DeAnna Longo Registered Nurse Layperson Unexp Appt 01/03/13 + 3 yr term 01/14/2016 Jason Whiteman Attorney Layperson Unexp Appt 2/07/12 Reappt01 /15/13 Contact: Danise Cleckley 243 -7213 S /City Clerk /Board 13 /Code Enforcement Board U W Q O z U 0 ti O O O O O p O O O O O O ~O O O O O iw F+�I w A �i iw ...� •iii ��yy V ~ y i i M N � / � w i pp w a 1611 16, i 0 � z i Eu z w i O W 'O U N 'O O / U iC-3 i,A MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: November 7, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 ORDINANCE NO. 28-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city initiated rezoning for Pelican Pointe Condominium to change the zoning district map from RM (Medium Density Residential) District in part and GC (General Commercial) in part to RM (Medium Density Residential) District for the property located east of South Federal Highway between Tropic Isle Drive and Bosun Way. BACKGROUND At the first reading on November 5, 2013, the Commission passed Ordinance No. 28 -13. ORDINANCE NO. 28 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN PART AND GC (GENERAL COMMERCIAL) IN PART TO RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND BEING A PARCEL LOCATED EAST OF SOUTH FEDERAL HIGHWAY, BETWEEN TROPIC ISLE DRIVE AND BOSUN WAY AND KNOWN AS PELICAN POINTE CONDOMINIUM, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned RM (Medium Density Residential) District in part and GC (General Commercial) in part; and WHEREAS, at its meeting of October 21, 2013, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0, to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: Tract "A" Pelican Harbor, Phase Four, according to the Plat thereof recorded in Plat Book 48, Pages 179,180, 181 and 182, of the Public Records of Palm Beach County, Florida (aka Pelican Pointe Condominium). Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. 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 affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST City Clerk First Readi Second Reading MAYOR ORD NO. 28 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, LEED GA, Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: October 29, 2013 Page I of 2 SUBJECT: AGENDA ITEM 11.A. -REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 ORDINANCE NO. 28 -13 ITEM BEFORE COMMISSION Consideration of a City initiated rezoning for Pelican Pointe Condominium. The proposed request includes changing the zoning district map from RM (Medium Density Residential) District in part and GC (General Commercial) in part to RM (Medium Density Residential) District. The subject property is located east of South Federal Highway, between Tropic Isle Drive and Bosun Way. BACKGROUND Pelican Pointe Condominium was approved as a part of the overall Pelican Harbor Development by the City Commission on December 13, 1983. Subsequently, the development was constructed between 1985 and 1987. Pelican Pointe Condominium contains fifty -six (56) condominium units within eleven buildings. Prior to 1990, the City's Zoning Map indicates that the entire parcel was zoned RM -10 (Multiple Family Residential, 10 units per acre). With the City -wide rezoning in October 1990, the northwest corner of the subject property was incorrectly zoned GC (General Commercial). This zoning designation was established in error as the site was a part of an existing residential condominium. On September 8, 1992, the City Commission adopted Comprehensive Plan Amendment 92 -1 (Ordinance 28 -92), which included changing the Future Land Use Map designation from GC (General Commercial) to MD (Medium Density Residential) for the referenced northwest corner of the Pelican Pointe Condominium. A concurrent change to the Zoning Map from GC to RM was never undertaken. The mapping error was identified during the creation of the South Federal Highway http: // agendas. mydelraybeach .com /Bluesheet.aspx "ItemlD= 7320 &MeetingID =465 11/7/2013 Coversheet Page 2 of 2 Redevelopment Plan that was adopted by the City Commission on September 20, 2012. The Plan recommended that a corrective rezoning from GC (General Commercial) to RM (Medium Density Residential) be processed for this parcel. Since the zoning boundaries of the existing General Commercial zoned area is not defined by a specific legal description and boundary lines bisect several residential buildings, the entire site is referenced for rezoning. REVIEW BY OTHERS At its meeting of October 21 recommended approval on Residential) District in part Density Residential) District. RECOMMENDATION 2013, the Planning and Zoning Board held a public hearing and a 7 to 0 vote of the rezoning from RM (Medium Density and GC (General Commercial) District in part to RM (Medium Approve on first reading Ordinance No. 28 -13, the City initiated rezoning from RM (Medium Density Residential) District in part and GC (General Commercial) District in part to RM (Medium Density Residential) District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the South Federal Highway Redevelopment Plan and meets the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: • Location Map • Ordinance No. 28 -13 • Planning & Zoning Board Staff Report of October 21, 2013 http: // agendas. mydelraybeach .com /Bluesheet.aspx "ItemlD= 7320 &MeetingID =465 11/7/2013 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: October 21, 2013 AGENDA ITEM: VLA ITEM: City initiated corrective rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part for Pelican Pointe Condominium, located east of South Federal Highway, between Tropic Isle Drive and Bosun Way (Quasi - Judicial Hearing). GENERAL DATA: Owner/ Applicant ......................... Location ....... ............................... Property Size .............................. Future Land Use Map ................ Current Zoning ............................ Adjacent Zoning ................North: East: South: West: Existing Land Use... ................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................ Pelican Pointe Condominium Property Owners Located east of South Federal Highway, between Tropic Isle Drive and Bosun Way 4.3 Acres MD (Medium Density Residential 5 12 d u /ac) RM (Medium Density Residential) in Part and GC (General Commercial) in part GC (General Commercial); PC (Planned Commercial); and RM (Medium Density Residential) PRD (Planned Residential Development) PRD (Planned Residential Development) GC (General Commercial) Residential Condominium Residential Condominium Existing on site. Existing on site. LIFA.— x Z 07 T- 7 h h G _ .. E +.nre.4r " _ -DE, - etw, AYEN�IE L I Q 1 G , VI. A ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a City initiated rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part to RM (Medium Density Residential) for the Pelican Pointe Condominium. The subject property is located east of South Federal Highway, between Tropic Isle Drive and Bosun Way. BACKGROUND 1 PROJECT DESCRIPTION The proposal incorporates the following: Tract "A" Pelican Harbor, Phase Four, according to the Plat thereof recorded in Plat Book 48, page 179 thru 182, Public Records of Palm Beach County. The subject site contains 4.3 acres. Pelican Pointe Condominium was approved as a part of the overall Pelican Harbor Development by the City Commission on December 13, 1983. Subsequently, the development was constructed between 1985 and 1987. Pelican Pointe condominium contains fifty -six (56) condominium units within eleven buildings. Prior to 1990, the City's Zoning Map indicates that the entire parcel was zoned RM -10 (Multiple Family Residential, 10 units per acre). With the City -wide rezoning in October 1990, the northwest corner of the subject property was incorrectly zoned GC (General Commercial). This zoning designation was established in error as the site was a part of an existing residential condominium. On September 8, 1992, the City Commission adopted Comprehensive Plan Amendment 92 -1 (Ordinance 28 -92), which included changing the Future Land Use Map designation from GC (General Commercial) to MD (Medium Density Residential) for the referenced northwest corner of the Pelican Pointe Condominium. A concurrent change to the Zoning Map from GC to RM was never undertaken. The mapping error was identified during the creation of the South Federal Highway Redevelopment Plan that was adopted by the City Commission on September 20, 2012. The recommendation in that Plan included that a corrective rezoning be processed from GC (General Commercial) to RM (Medium Density Residential) for this parcel. Since the zoning boundaries of the existing General Commercial zoned area is not defined by a specific legal description and boundary lines bisects several residential buildings the entire site is referenced for rezoning. This corrective rezoning is now before the Board for action. ANALYSIS REQUIRED FINDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 — PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use 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 P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 2 the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. ❑ Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5 -12 du /ac). The RM zoning covers the majority of the subject property and is consistent with the MD (Medium Density Residential 5 -12 du /ac) FLUM designation. However, the existing GC zoning designation on the northwest corner of the property is inconsistent with the underlying MD FLUM designation. Pursuant to LDR Section 4.4.6 the RM (Medium Density Residential) zoning district provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre except within the Southwest Neighborhood Overlay District and the Carver Estates Overlay District where the maximum density is twenty -four (24) units per acre, and within the Infill Workforce Housing Area, where the maximum density is eighteen (18) units per acre. Pursuant to LDR Section 4.4.6 (B)(3) multiple family structures are principal (permitted) uses. The rezoning will achieve consistency for the entire property with the existing FLUM designation. Thus, based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs (including public schools), of the requested land use and/or development application, will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. The proposed rezoning is corrective and will not impact the existing level of services as there will be no changes in development potential. However, a general description of Concurrency findings with respect to Solid Waste, Traffic, Water and Sewer, Parks and Recreation and School concurrency are discussed below: Wafer and Sewer. The existing development is connected to the City's municipal water and sewer system, via 6" water mains, and 8" sewer mains. Fire protection is provided by two fire hydrants located along Bosun Way and one hydrant interior to the site. The City's Utilities Department has indicated that adequate capacity exists for the continued service the subject property. Streets: No additional traffic will result from the proposed rezoning. The current access driveways located on Admiral's Port and on Bosun Way that serves the site will not be P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 3 changed or impacted by the proposed rezoning. Thus, based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Since there is no increase in the residential development potential on this site with the proposed rezoning, this level of service standard is not affected. Education (School Concurrency): Since there is no net increase in the residential development potential on this site with the proposed rezoning, this level of service standard is not affected. Solid Waste: As there is no change in actual use of the property, there is no impact on solid waste disposal. In its annual capacity letter, dated January 7, 2013, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005(4)." Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2046. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. ❑ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan policy is noted: Policy C -1.12 The following pertains to the South Federal Highway area, south of Linton Boulevard. In FY 2010111, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. The South Federal Highway Redevelopment Plan was adopted by the City Commission on September 20, 2012. With respect to the subject property, the Plan states: "Pelican Pointe Condo on Tropic Isle Drive — Rezone a portion of a parcel from GC (General Commercial) to RM (Multiple Family Residential) — approximately 0.5 acres. The existing zoning does not properly reflect the use of the property. The existing GC zoning P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 4 extends eastward from the Casual Patio Store to include this property. The zoning line incorrectly splits a parcel which contains a residential condominium. The remaining area of the condominium is correctly zoned Multiple Family Residential. While this designation has existed on the zoning map since 1991, it is unclear why the property was so designated. Since the Future Land Use Map correctly depicts the property as MD (Medium Density Residential), it is assumed that this was simply an error. Since the existing zoning is not consistent with the FLUM designation, this corrective rezoning is necessary to address this issue and bring the property's zoning into compliance with its FLUM designation." Figure 3.13 — Aerial of Area 4 Rezoning - Pelican Pointe r As indicated above the Plan recommended that a corrective rezoning be processed for that portion of the site currently zoned GC to RM. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. As indicated previously, no development proposal is associated with the requested change. Site plan records indicate a total of 107 parking spaces within the Pelican Pointe site. However under current parking requirements a total of 132 parking spaces would be required and the deficient parking is acknowledged as an existing nonconforming condition. Type of Unit Total No. of Units Spaces per Unit Parking Spaces Required 2 bedrooms 56 2 112 Guest parkin For the first 20 units 20 0.5 10 For units 21 -50 30 0.3 9 For units 51 and above 6 0.2 1.2 Totals 132 P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 5 ❑ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. REZONING ANALYSIS Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards "A ", "B ", "C" and "E" are not applicable with respect to this rezoning request. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed, or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following identifies the surrounding land uses: The following zoning designations and uses border the property: The subject property is bordered on the north by Delray Dental professional office, Pelican Harbor Shoppes and the Boca Isle Condominium; on the east by recreation facilities within the Pelican Harbor Subdivision; on the south by single family residences within the Pelican Harbor Subdivision; and, on the west by the Jerry's Casual Patio store. Based upon the above, this request makes the entire subdivision consistent with the existing residential use, the existing MD (Medium Density Residential) FLUM designation, and corrects the incompatible zoning designation on a portion of the subject property. Thus, the proposed development can be found to be in compliance with LDR Section 3.2.2 (D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(13)(5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; Zoning Designation: Use: North: GC (General Commercial), PC (Planned Commercial ) and RM Medium Density Residential Dental Office, Retail Stores and Multiple Family Residences South: PRD (Planned Residential Development) Pelican Harbor PRD (Single Family Residences) East: PRD (Planned Residential Development) Recreation Facilities within the Pelican Harbor Subdivision West: GC (General Commercial) Retail Store (Jerry's Casual Patio) The subject property is bordered on the north by Delray Dental professional office, Pelican Harbor Shoppes and the Boca Isle Condominium; on the east by recreation facilities within the Pelican Harbor Subdivision; on the south by single family residences within the Pelican Harbor Subdivision; and, on the west by the Jerry's Casual Patio store. Based upon the above, this request makes the entire subdivision consistent with the existing residential use, the existing MD (Medium Density Residential) FLUM designation, and corrects the incompatible zoning designation on a portion of the subject property. Thus, the proposed development can be found to be in compliance with LDR Section 3.2.2 (D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(13)(5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 6 (b) That there has been a change in circumstances which make the current zoning inappropriate, or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Item (a) above applies. As identified earlier in the report, the GC zoning was originally established in error during the 1990 Citywide rezoning. As the area designated GC was already developed as a part of an established Condominium development, the designation of that portion of the subject parcel is attributed to a mapping error in identifying the limits of the abutting commercial uses to the west. Based upon these positive findings, the proposed development is in compliance with LDR Section 2.4.5(D)(5). REVIEW BY OTHERS Pr►hlin Alntir:P Formal public notice has been provided to the property owners within the Pelican Pointe Condominium as well as to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: • Delray Citizens Coalition • Pelican Harbour HOA • Tropic Isle HOA Tropic Harbor Condominium Tropic Bay Condominium City of Boca Raton ASSESSMENT AND CONCLUSION The proposed rezoning corrects a mapping error, eliminates the discrepancy of two zoning districts bisecting individual buildings within an established residential Condominium development and eliminates the inconsistency between the zoning designation (i.e. General Commercial) and Future Land Use Map designation (i.e. Medium Density Residential 5- 12du /ac). Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, Therefore, this rezoning can be recommended for approval based on the findings outlined in this report. ALTERNATIVE ACTIONS A. Continue with direction. P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 7 B. Move a recommendation of approval to the City Commission for the City initiated request for rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part to RM (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the South Federal Highway Redevelopment Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the City initiated request for rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part to RM (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and South Federal Highway Redevelopment Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission for the City initiated request for rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part to RM (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the South Federal Highway Redevelopment Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: ❑ Existing Zoning Map • Proposed Zoning Map • Letter from the City of Boca Raton G C - - FERN RLA -MAT AVENUE - A A -Mar AVENUE w z 07 m Y UA K D ` ° AVEN UE UE H o Cx7 - > — HYACINTH PC � a ' = �1�'- IRIS AC- - - r4 N. LA TUDE 7l Li �— JASMINE DRIVE � L - - - U 3 1-ATI`TU6E ° z z _ d a LINDELL BLVQ. VENUE L cl 2 0 x m I U W L1 _X Q TROPIC ISLE DR. PC0 cis O�. �A POINT a 0 U Z U - x � CIR. COMMODO CAPTAIN'S WALK -- 01GITAL BASE MAP SYSTEM -- MAP REF: 5: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001- 1500 \LM1428— PelTcon Pointe Existing Zoning s N 1'1 SUBJECT PELICAN P�1NTE YROYr:Ri'Y PLANNING AND ZONING DEPARTMENT D EXISTING ZONING MAP G C FERN RLA -MAT AVENUE - A A -MA7 AVENUE z� o� m x -- U -- AVENUE H �y _ m HYACINTH PCL Lu LL IRIS FL I AC ~- P C - 8 N, LATfTUDE CI JASMINE DRIVE � o w 3 S. LATI7U E elR ¢ ¢ vi � w Li ° z z a N LINDELL %- BLVD. VENUE L S c� x m v w a W X 0 ROPIC }SLE DR. PC 0 D- 4 pFlCAIV POINT 4R. °a u Q: q BOSUN WAY 2 V 5- _ 9^ X Y �' Cl1� O co CAPrAlN'S WALK -- DIGITAL BASE MAP SYSTEM -- MAP REF, S- \Plonning & Zoning \DB 1001— Cab \Z —LM 1001- 1500 \LM'428Pelican Pointe Prvpvsed Zoning SUBJECT PLANNING AND ZONING DEPARTMENT PROPERTY D P�INTE PROPOSED ZONING MAP s 0i s i i i DEVELOPMENT SERVICES DEPT, • 201 WEST PALMETTO PARK ROAD • ROCA RATON, FLORIDA 33432 -3795 PH: (561) 393 -7781 • FAX (561) 393.7784 October 17, 2013 Ms. Jasmin Allen City of Delray Beach Planning and Zoning Department 100 NW 1st Avenue Delray Beach, FL 33444 RE: City - initiated Corrective Rezoning for Pelican Pointe Condominium Dear Ms. Allen: We are in receipt of the City of Delray Beach's notice of public hearing for the above referenced application. The City proposes to rezone 0.5 acres of Pelican Pointe, an existing multifamily residential development, from General Commercial (GC) to Medium Density Residential (RM). Given that this City - initiated rezoning is to correct a zoning rnap error and will not change the existing use of the site, the City of Boca Raton has no objection to the request. If you should have any questions or require further assistance, please feel free to contact this office. Sincerely, V J hn R. Hlxenbaugh, J.D., AICP Development Services Director PC: Ingrid Allen, Senior Planner - AN EQUAL OPPORTUNITY EMPLOYER - 1 G C FERN RLA -MAT AVENUE A -MAT AVENUE zw 0 >A _ m Y UARULNIA U DAVENUE H 'x0 o J c� in J HYACINTH PC W _ W J W Q A � IRIS PC Llf N. LATITUDE Cl j (if JASMINE DRIVE w Q � � S. LATITUDE a CIR w p w z r Q m O � � V1 LINDELL BLVD. VENUE L 2 to 6 = in v Q W _X TROPIC ISLE DR. PC F- 0 'l/V POINTE DR. a CL w B a � A Z U R. �9 O COMMODO CAPTAIN'S WALK -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1428 — Pelican Pointe Existing Zoning _ � N PLANNING AND ZONING SUBJECT PROPERTY D PELICAN POINTE DEPARTMENT EXISTING ZONING MAP _ F 4 t AL �JL 101 ! ;.. Ymr.'f. 1 � 74 TmWIIII C 'rr F +' 1 ■ F:I .l I { po" N B PELICAN POINTE PLANNING AND ZONING DEPARTMENT AERIAL ZONING MAP r � A E iJ H k G C FERN RLA -MAT AVENUE A -MAT AVENUE zw 0 >A _ m Y UARULNIA U DAVENUE H 'x0 o J c� in J HYACINTH PC W _ W J W Q A � IRIS PC Llf N. LATITUDE Cl j (if JASMINE DRIVE w Q � � S. LATITUDE a CIR w p w z r Q m O � � V1 LINDELL BLVD. VENUE L 2 to 6 = in v Q W X ROPIC ISLE DR. PC CL F 0 Pei /Cq DR. ) / POINTE a w QOSWN WA a o: � A Z U R. �9 C //�. C) COMMODO CAPTAIN'S WALK -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1428 — Pelican Pointe Proposed Zoning _ � N PLANNING AND ZONING SUBJECT PROPERTY D PELICAN POINTE DEPARTMENT PROPOSED ZONING MAP MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: November 7, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 ORDINANCE NO. 29-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider approval to repeal Chapter 36, "Finance; City Property Transactions ", and replacing it with a new Chapter 36, "Acquisition of Goods and Services and Disposal of City Property". BACKGROUND At the first reading on November 5, 2013, the Commission passed Ordinance No. 29 -13. RECOMMENDATION Recommend approval of Ordinance No. 29 -13 on second and final reading. ORDINANCE NO. 29 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS ", AND ENACTING A NEW CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY "; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has determined it is in the best interests of its residents to repeal the current purchasing ordinance and enact a new purchasing ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions ", of the Code of Ordinances of the City of Delray Beach is hereby repealed and a new Chapter 36 "Acquisition of Goods and Services and Disposal of City Property" is enacted as follows: CHAPTER 36: ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY Sec. 36.01 APPLICABILITY; DEFINITIONS. (A) Applicability. This Chapter applies to the acquisitions of real and non -real property, goods and services and disposal of real and non -real property by the City after November 19, 2013 as provided for in this Chapter. Any actions taken or contracts entered into contrary to the provisions of this Chapter may, in the City's sole discretion, be declared null and void. (B) Definitions. For the purpose of this Chapter 36, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Change Order. A written modification to a contract or purchase order, which amends one or more of the following: the scope of services, contract cost, contract time or the contract quantity(ies). Emergency. An unplanned or unexpected event that requires immediate action in order to prevent or remedy a service outage; or to prevent or remedy a situation that presents an immediate danger to human life, health or safety or a significant loss or damage to property, and where failure to take immediate action would enhance the risk of loss or prolong the delay in restoring service to Customers. Routine repairs and planned refurbishment do not constitute Emergencies. Fiscal Year. The period of time beginning on October 1 of any year and ending September 30 of the following year. Person. Any natural person or entity including, but not limited to, a corporation, a partnership, a sole proprietorship, an estate, a trust, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. Sec. 36.02 METHODS OF ACQUISITION. The City shall determine, in its sole discretion, which of the following methods of acquisition to utilize for the acquisition of non -real property, goods and services. (A) Sealed Competitive Method. Acquisitions of or contracts for non -real property, goods or services where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition methods, as provided in Sec. 36.02(C). (1) Competitive Bids. Sealed Competitive Bids are utilized where price, responsiveness and responsibility are the sole determining factors. (2) Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest. Requests for Proposals, Requests for Qualifications and Requests for Letters of Interest are utilized where price, responsiveness and responsibility are not the sole determining factors. A Selection Committee, appointed by the City Manager, shall review the submissions received by the City in response to Requests for Proposals, Requests for Qualifications and Requests for Letters of Interest and make a recommendation to the City Commission. The City Manager shall not serve on the Selection Committee. The Selection Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (3) Submissions. It shall be the sole responsibility of the bidder, proposer or responder to have the bid, proposal or response delivered before the specified closing date and time. Bids, proposals or responses received after the closing date and time shall not be considered and shall be returned unopened. The time stamp clock in the Finance/Purchasing office shall govern. All bids, proposals and responses submitted pursuant to a Sealed Competitive Method shall remain sealed until they are opened publicly on the date and time and location stated in the Notice to Bidders, Proposers or Responders, or as may be amended by addendum. (4) City's reservation of rights. The City may utilize a Sealed Competitive Method for any acquisition that the City deems appropriate regardless of the estimated cost of the acquisition. Until final award of Contract, the City reserves the right to waive any informality or irregularity and to reject all bids, proposals and responses, with or without cause. (B) Written Quotations Method. Acquisitions of or contracts for non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not 2 ORD. NO. 29 -13 expenditures relating to Change Orders) is estimated to be $10,000 or greater, but less than $65,000, may be made or entered into by the City Manager without City Commission approval and without a Sealed Competitive Method, provided that three written quotations are obtained from individual sources, except when impracticable. The City may utilize the Written Quotations Method for any acquisition less than $10,000 that the City deems appropriate. The written quotations received by the City shall be retained with a copy of the purchase order and pursuant to public records law. (C) Direct Acquisition Method. (1) Acquisitions of $2,500 or less. Acquisitions of non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $2,500 or less may be made by the Department Head without utilizing a Sealed Competitive Method or the Written Quotations Method, and without City Commission or City Manager approval. (2) Acquisitions greater than $2,500 but less than $10,000. Acquisitions of non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be greater than $2,500 but less than $10,000 may be made by the Department Head without utilizing a Sealed Competitive Method or the Written Quotations Method, and without City Commission approval, provided that three (3) written quotations shall be obtained and documented by City staff, except when impracticable. The Eltiet4iens may be r-eeei e er-bal y. The Finance Department shall submit a weekly report to the City Manager that lists all acquisitions of or contracts for non -real property, goods or services of greater than $2,500 but less than $10,000 made by Department Heads during the prior week without utilizing a Sealed Competitive Method or the Written Quotations Method. (3) Professional Services. Except as otherwise provided for in Florida Law, contracts for professional services (which include but is not limited to services provided by attorneys, accountants, actuaries, lobbyists and financial advisors) may be made or entered into by the City Manager without utilizing a Sealed Competitive Method or the Written Quotations Method. Acquisitions of professional services where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to approval by the City Commission. (4) Specialty Goods and Services. Acquisitions of or contracts for specialty goods and services (including but not limited to performing artists, artwork, special events, entertainment, and food and beverage) may be made or entered into by the City Manager without utilizing a Sealed Competitive Method or the Written Quotations Method. Acquisitions of specialty goods and services, where the expenditure by the City is estimated to be $65,000 or greater, shall be subject to approval by the City Commission. 3 ORD. NO. 29 -13 (5) Emergency Acquisitions. The City Manager may acquire or contract for non -real property, goods or services required in contemplation of, preparation for, or during an Emergency without utilizing a Sealed Competitive Method or the Written Quotations Method regardless of the amount. Emergency acquisitions of non -real property, goods or services where the expenditure by the City is estimated to be $65,000 or greater shall be subject to ratification by the City Commission as soon as practicable. (6) Sole Source and City Standard. (a) Sole Source. The City may acquire or contract for non -real property, goods or services that are available to the City from only one source without utilizing the Sealed Competitive Method or Written Quotations Method. Sole Source acquisitions where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to approval by the City Commission. (b) City Standard. Where the City has determined that a particular style, brand, make, or model is the only type that meets the City's requirements for performance, consistency, compatibility or other salient characteristics, and such determination has resulted in there being only one source available to the City, the City may acquire or contract for such goods without utilizing a Sealed Competitive Method or the Written Quotations Method. City Standard acquisitions where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to approval by the City Commission. (7) Utilization of other governmental entities' contracts. (a) The City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the desired goods or services are the subject of a contract with the State, its political subdivisions or other local governmental entities in the State, with associations in Florida affiliated with state and /or local governmental entities or departments (such as the Florida Sheriffs Association and the Florida Fire Chiefs' Association) or with the United States government, provided that the contract is based strictly on competitive bidding and not on any preference, and provided that the form of the contract is acceptable to the City Attorney. Acquisitions utilizing other governmental entities' contracts where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to approval by the City Commission. (b) Utilization of other government entities' contracts shall only be permitted during the term of the other governmental entity's contract or for one year from the date the other governmental entity awards the bid, whichever is longer. (c) If the City desires to utilize another governmental entity's contract, the City shall require the vendor to certify that the price or rate represents the lowest price or rate for the non -real 4 ORD. NO. 29 -13 property, goods or services of any contract between the vendor and any other governmental entity within the State. (8) Cooperative Acquisitions. The City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the City participates in joint procurement of non -real property, goods or services with other public entities within the State, including, but not limited to acquisitions made pursuant to interlocal agreements entered into with other governmental entities in accordance with Chapter 163 Florida Statutes. Cooperative acquisitions where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to approval by the City Commission. (9) Utilities. Water, sewer, gas, electrical, and other utility services may be acquired without utilizing a Sealed Competitive Method or the Written Quotations Method and without City Commission approval. (10) Resale. Food, beverages and merchandise purchased for resale, which would include but not be limited to the City's golf courses and tennis center facilities, may be acquired without utilizing a Sealed Competitive Method or the Written Quotations Method and without City Commission approval. (11) Best Interest Acquisitions. The City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the City Commission declares by at least a four - fifths (4/5) affirmative vote that the Sealed Competitive Method or the Written Quotations Method is not in the best interest of the City. The City Commission shall make specific factual findings that support its determination, and such contracts shall be placed on the regular City Commission agenda. Sec. 36.03 CITY COMMISSION APPROVAL. (A) Acquisitions of $65,000 or greater. Acquisitions of or contracts for non -real property, goods or services where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to prior approval by the City Commission, except for emergency acquisitions, which are subject to subsequent ratification by the City Commission pursuant to Sec. 36.02(C)(5). (B) Multiple acquisitions from vendor exceeding $65,000 in any Fiscal Year. Acquisitions of or contracts for non -real property, goods or services from the same Person exceeding the aggregate sum of $65,000 shall not be permitted from the same Person during the course of any Fiscal Year, unless the acquisition is first approved by the City Commission. This subsection shall not apply to utility acquisitions. Sec. 36.04 PROTEST PROCEDURES. 5 ORD. NO. 29 -13 (A) Standing. Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. (B) Procedure. (1) Protest of Failure to Qualify. Upon notification by the City that a bidder, proposer or responder is deemed non - responsive and /or non - responsible, the bidder, proposer or responder who is deemed non - responsive and /or non - responsible may file a protest with the Purchasing Manager by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. (2) Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. A Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. (3) Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Purchasing Manager. The time stamp clock located in the Finance/Purchasing office shall govern. (C) Protest Bond. Any bidder, proposer or responder filing a protest shall simultaneously provide a Protest Bond to the City in the amount set forth in the Sealed Competitive Method documents. If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. (D) Protest Committee. The Protest Committee shall review all protests. The City Manager shall appoint the members of the Protest Committee. No member of the City Commission shall serve on the Protest Committee. The City Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be opened to the public and all of the actual bidders, responders or proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps be taken. If the Protest Committee denies the protest, the protester may appeal to the City Commission. All of the actual bidders, responders 6 ORD. NO. 29 -13 or proposers shall be notified of the determination by the Protest Committee. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (E) Stay of award of Agreement or Sealed Competitive Method. In the event of a timely protest, the City Manager shall stay the award of the Agreement or the Sealed Competitive Method unless the City Manager determines that the award of the Agreement without delay or the continuation of the Sealed Competitive Method is necessary to protect any substantial interest of the City. The continuation of the Sealed Competitive Method or award process under these circumstances shall not preempt or otherwise affect the protest. (F) Appeals to City Commission. Any actual bidder, proposer or responder who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. (G) Failure to file protest. Any actual bidder, proposer or responder that does not formally protest or appeal in accordance with this Section shall not have standing to protest the City Commission's award. Sec. 36.05 FORM OF CONTRACT. (A) Written agreements. Written agreements shall be utilized for all acquisitions of non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater. The City may utilize a written agreement for any acquisition of less than $65,000 that the City deems appropriate. All written agreements must be approved as to form and legality by the City Attorney and executed by the City Attorney. (B) Purchase orders. Where no other form of contract exists, purchase orders, in a form pre - approved by the City Attorney, shall be utilized for acquisitions of non -real property, goods or services where the total expenditure by the City is estimated to be greater than $10,000. The City may utilize a purchase order for any acquisition of $10,000 or less that the City deems appropriate. No change shall be made to the pre- approved purchase order form without express approval of the City Attorney. Sec. 36.06 CHANGE ORDERS. (A) City Commission approved contracts. (1) Beyond the Scope of Work. Any Change Order that materially expands or alters the scope of the work in a City Commission approved contract shall be subject to prior approval by the City Commission. 7 ORD. NO. 29 -13 (2) Within the Scope of Work. The City Manager may approve a Change Order provided that it does not materially expand or alter the scope of the work in a City Commission approved contract. Any such Change Order approved by the City Manager shall be subject to ratification by the City Commission as soon as practicable. (3) Extension of Completion Dates. Any Change Order that extends the original substantial or final completion date of a City Commission approved contract shall be subject to prior approval by the City Commission. (B) City Manager approved contracts. The City Manager is authorized to approve a Change Order to a contract that was not approved by the City Commission, provided that the Change Order does not cause the total acquisition from the vendor to exceed the aggregate sum of $65,000 during the course of any Fiscal Year pursuant to Section 36.03(B). Sec. 36.07 TERMINATION, EXTENSION AND RENEWAL. (A) City Commission approved contracts. (1) Termination. Contracts approved by the City Commission may be terminated only by the City Commission. If the City Manager desires to terminate a City Commission approved contract, the City Manager may suspend the work under the contract until the City Commission makes a final determination. (2) Extensions. The City Manager may extend a City Commission approved contract for up to 90 days. The extension of any City Commission approved contract for longer than 90 days shall be subject to prior approval by the City Commission. In the event of an Emergency, the City Manager may extend a City Commission approved contract without City Commission approval, subject to later ratification by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Commission approval and provides for one or more renewals by affirmative action of the City, only the City Commission may approve such renewals. (4) Suspensions. The City Manager may suspend a City Commission approved contract for up to 90 days. Suspension of a City Commission approved contract for longer than 90 days shall be subject to City Commission approval. (B) City Manager approved contracts. (1) Termination. Contracts that were not approved by the City Commission may be terminated by the City Manager. 8 ORD. NO. 29 -13 (2) Extensions. The City Manager is authorized to extend for up to 120 days any contract entered into by the City that was not approved by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Manager approval and provides for one or more renewals by affirmative action of the City, the City Manager is authorized to approve such renewals without City Commission approval. (4) Suspensions. Contracts that were not approved by the City Commission may be suspended by the City Manager. Sec. 36.08 DISPOSAL OF NON -REAL PROPERTY. (A) Trade -in. Where trade -in is available in conjunction with the purchase of replacement non - real property from the same vendor, the City may trade -in and replace its non -real property with that vendor. The trade -in of the City's non -real property shall be subject to approval by the City Commission if the estimated market value of the property being traded -in is greater than $10,000. (B) Market value of $10,000 or less. The City's non -real property with an estimated market value of $10,000 or less may be sold or auctioned through a competitive process as determined by the City Manager. (C) Market value greater than $10,000. The City Manager may sell or auction any of the City's non -real property with an estimated market value of greater than $10,000 through a competitive process that is approved by the City Commission. (D) Junk non -real property. The City Manager may declare that any non -real property that is determined by the City Manager to have reached the end of its useful life and /or may expose the City to potential liability from its continued use or sale and /or whose disposition cost exceeds its value, is junk. Non -real property declared by the City Manager to be junk shall be disposed of without receipt of consideration (or, if necessary, at a cost to the City) and shall be rendered useless and not be donated. Sec. 36.09 REVENUE GENERATING CONTRACTS. Contracts with any Person where the City estimates the City will receive revenue in the amount of $65,000 or greater over the term of the contract (including revenue during renewal periods) shall require approval by the City Commission and shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition methods provided in Sec. 36.02(C)(6), (7), (8) or (10). This Section shall not apply to the sale or lease of the City's real or non -real property. Sec. 36.10. AUTHORITY TO DEBAR OR SUSPEND. 9 ORD. NO. 29 -13 (A) Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Purchasing Manager, after consultation with the requesting department, City Manager and the City Attorney, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not exceed three (3) years. The Purchasing Manager, after consultation with the requesting department, City Manager and the City Attorney shall have authority to suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not exceed three (3) months. (B) Decision. The Purchasing Manager shall issue a written decision to debar or suspend. The decision shall: (1) State the reasons for the action taken; and (2) Inform the debarred or suspended person involved of its rights to administrative review as provided in this section. (C) Criteria. A debarment or suspension may be issued based upon any of the following criteria: (1) A material misrepresentation, or omission, to the City; (2) Breach of a contract with the City; (3) Felony convictions, convictions for crimes involving moral turpitude and "public entity crime convictions" of a "person" or an "affiliate" of a person, as defined in Section 287.133, Fla. Stat.; (4) Failure to comply with the cone of silence; or (5) A finding of violation of the state ethics law or a county or municipal ethics ordinance. (D) Finality of decision. A decision under this section shall be final and conclusive, unless based on fraudulent information, or (1) The debarred or suspended person commences an action in court; or (2) The debarred or suspended person appeals administratively in accordance with subsection E. (E) Appeal. (1) Right of Appeal. Any Person that has been disbarred or suspended and is aggrieved by the Purchasing Manager's determination may appeal the determination to the City Manager by filing a notice of appeal within ten (10) calendar days of the notice of Purchasing Manager's determination to debar or suspend. (2) Hearing Date. Within thirty (30) calendar days from the receipt of the notice of appeal, the City shall schedule a hearing before the City Manager or designee, at which time the 10 ORD. NO. 29 -13 person shall be given the opportunity to demonstrate why the decision of the Purchasing Manager should be overturned. (3) Hearing Procedure. The procedure for any hearing required by this section shall be as follows: (a) The City shall cause to be served upon the Person a notice of hearing, stating the date, time and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the vendor or contractor on file with the City. (b) The Person shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination, and to impeach any witness regardless of which party first called him to testify. (c) In any hearing before the City Manager or designee, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the State courts. (d) Within thirty (30) calendar days from the hearing, the City Manager or designee shall complete and submit to the City and the Person requesting said hearing a final order consisting of the hearing officer's findings of fact and conclusions of law as to the granting or denial of the appeal. (F) Reinstatement. (1) Grounds. Requests for reinstatement shall be made in writing based upon the following grounds: (a) Discovery of new and material evidence not previously available; (b) Dismissal of the indictment or reversal of the conviction; or 11 ORD. NO. 29 -13 (c) Bona fide change in ownership or management sufficient to justify a finding of present responsibility. (2) Procedures. The request for reinstatement shall be forwarded by the Purchasing Manager to the City Manager or designee for a determination on reinstatement. The determination whether to reinstate shall be based on the written submission of evidence, without further hearing. Upon consideration of the written submission and any response from the Purchasing Manager, the City Manager or designee shall make a determination as to whether or not reinstatement is warranted based on the grounds set forth above. Sec. 36.11. ACQUISITION OF REAL PROPERTY. Whenever the City Commission determines it would be in the best interest of the City to purchase certain real property for municipal purposes, the City shall prepare a notice setting forth the terms and conditions of the proposed real property purchase and the date, time and place of the public hearing on the proposed purchase. The City shall publish the notice once a week for at least two (2) weeks in a newspaper of general circulation prior to consideration by the Commission of a resolution authorizing the purchase of the real property. The City Commission is authorized and empowered to make the real property purchase upon the terms and conditions it deems to be in the best interest of the City provided that the City Commission holds a public hearing prior to approving the resolution authorizing the purchase. The notice provisions of this section shall not apply where the City has authorized the use of its eminent domain powers for the purchase of real property. Sec. 36.12. SALE, EXCHANGE, OR LEASE OF REAL PROPERTY. (A) Sale of Real Property. Whenever the City Commission determines that the City owns and possesses certain real property that is not needed for municipal purposes, the City Commission may sell that property in a manner, and upon terms and conditions, as the City Commission shall determine provided that the City Commission holds a public hearing prior to approving the resolution authorizing the sale. Before any sale can be completed, a notice of sale stating the date, time and place of the public hearing on the proposed sale shall be published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. (B) Exchange of Real Property. Whenever the City Commission determines that the City owns and possesses certain real property that is not needed for municipal purposes, the City Commission may exchange that property for other real property to be acquired for municipal 12 ORD. NO. 29 -13 purposes in a manner and upon terms and conditions as the City Commission shall determine are in the best interest of the City, provided that the City Commission holds a public hearing prior to approving the resolution authorizing the property exchange. Before any exchange of real property shall be completed, a notice stating the date, time and place of the public hearing on the proposed exchange shall be first published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. (C) Lease of Real Property. Prior to the City leasing any real property owned by the City for a term greater than one year (including optional renewal periods), except leasing to another governmental agency or an entity established under F.S. Section 163.01, public notice shall be given, which notice shall state the terms of the proposed lease, and the date, time, and place where the Commission shall hold the public hearing. The notice shall be published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. Sec. 36.13. CONE OF SILENCE Any Person participating in a competitive solicitation issued by the City shall comply with Section 2 -355 of the Palm Beach County Code of Ordinances. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading, except that this Ordinance shall not apply to any solicitations issued by the City prior to its adoption on second reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. 13 ORD. NO. 29 -13 ATTEST: City Clerk First Readi Second Reading 14 MAYOR ORD. NO. 29 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 1, 2013 Page I of 2 SUBJECT: AGENDA ITEM 11.B. -REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 ORDINANCE NO. 29 -13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 29 -13 which repeals Chapter 36 of the Code of Ordinances and enacts a new Chapter 36. BACKGROUND City staff has been working on revising the City's purchasing procedures. The current ordinance and policy is very antiquated and cumbersome to follow. The proposed draft ordinance is primarily based on the City of Weston ordinance, which was recently adopted. Jamie Cole of the Weiss Serota law firm, which is the firm that drafted the Weston ordinance, reviewed the draft. The draft ordinance provides as follows: - The City shall seek a sealed bid, rfp, rfq etc. for acquisition amounts $65,000 or greater, unless there is an exception. Exceptions can be professional services, specialty goods and services, sole source or City standard, piggyback on another governmental contract, cooperative acquisitions, utilities, resale of food, beverage or merchandise, or best interest acquisitions. - Acquisitions of $2,500 or less may be approved by the Department Head - Acquisitions between $2,500 and $10,000 may be approved by the Department Head, but only after receiving three (3) quotes, which may be verbal. A weekly report will be sent to the City Manager regarding these purchases. - Acquisitions between $10,000 and $65,000 must be approved by the City Manager but only after receiving three (3) written quotes. - Acquisitions from the same vendor exceeding the aggregate sum of $65,000 in any http: // agendas. mydelraybeach .com /Bluesheet.aspx "ItemlD= 7338 &MeetingID =465 11/7/2013 Coversheet Page 2 of 2 Fiscal Year must be approved by the City Commission. - Bid protests will now be heard by a protest committee, with the right to appeal to the City Commission. The City has the right to request a protest bond in the bid or rfp and if the protestor loses the protest then the bond is forfeited. - The City Manager may extend or suspend a Commission approved contract for up to a 90 day period. - A section has been added to address the disposal of used or junk property. - A section has been added to require the City to go out to bid on revenue generating contracts. - The section on debarment or suspension has been changed to clarify the procedure and standards that apply - The sections regarding the purchase or sale of real property are essentially the same. Attached is a memo from the Finance Director regarding the purchasing threshold levels of other municipalities. Currently the City's purchasing thresholds are: under $1,000 may be approved by the Department Head and if possible obtain two (2) quotes; between $1,000 and $6,000 may be approved by the Purchasing Manager after obtaining three (3) quotes, which may be verbal; purchases between $6,000 and $15,000 may be approved by the City Manager after three (3) written quotes are obtained. Purchases greater than $15,000 must be approved by the Commission. This Ordinance shall take effect upon passage on second reading, however, it shall not apply to any solicitations that were issued prior to its adoption on second reading. RECOMMENDATION Staff recommends approval of Ordinance No. 29 -13. http: // agendas. mydelraybeach .com /Bluesheet.aspx "ItemlD= 7338 &MeetingID =465 11/7/2013 Comparison of SE Florida Municipal Purchasing Threshoids (Refer to Attachment A for spreadsheet comparison) Purpose II ? To compare tTr plopased Oeliray Beach purchasing tilre'shoid:s to a !varie'. -, of .5EP Florklla citie.i. Methodolo y We began by chcosing si:: cides i;l the Srol and /Pairs Beach area rwi:ging w, pgpuladon bet-% veeil 30,000 to 100,000. All have a Cfl11'missio /City Manager form of governrricn-IL The cities ci lose~ are: Population Dei?rfieicl Beach !upiter° Boca Raton Palm leach Gardens VY -- S ion ?cmparo Beach 77,000 ;5,000 85 C0 U0,00- �6,a0 ti�� ,000 > We cLmpared four purd!lasing thyl -WhOld !Evels: o Low Threshold: Pc;int at whidh vv 'itteil cluotations are necessary. o CM Approval Rangz: Ikart;e its wihich City Mianager approves most purchases. Fo:' Delray Bea:.!',, sorre purchases, i.e., change of Cier s, ma,! Sa!I outsiV. this range and a; q nc:Tted in t!12 proposed Code. o Commission Approu:aal - Goons /services: Foist cR II �;_ihich°i Purchase or goods /sen-6cas requires Com.rlissio:°i apprcval. o Commission Approval - Construction: Sorne cities Inave a higiher or iwivei" th1 F.0.9nolca fo;' dons "Uctic)r. Results I n terms of CoinnVssion approval 'threshold, the Delray Beach 2p,. - d r thCesholds fal! in the nniddle of tie sever, con roared cities. �7friff; ?a�4.i:' .'? ,� 1 IC'[� °../l1 •- f7�in {,?;.. '::� ?'4:;i.'._ cart, threshold is X25,000 iD.ee;field; to high threshold c7f "Not Applicable nor Budg`ted Iterns" ;Pc►ripano;. At Pompano, if a non - construction 12 Purchase is budaet,eej and the puirchiase price equals the 111--mciget, "Che Cit"i Manager car! zriprove. F-our of "C-he seven Cities are $50,000 :to $665,000, inciucliling Delray Beach. VVest-on's threshold is $100,0500. > Low threshoid is $)-.,S,OCC (Deerflipid and Pompano). Th,-ee of,*Lha seven cit'les are $50,000 to 55-5,90,0, induding DeWaV Beach. iWO didES, Boca Raton and V./eston have thresholds cf$100,000. The vvdest range is Weston at $'0 to �110113,00G too- butte --typas of Commission Approval t.hreshoYlls. > The narroweStirange is Deerfield at $10,000 to $25,000. Vvee d-Ides, j'upiter, Delfray Bear' and balm Beach Gardens range '10,000 to oca Raton uses a goods&sen!-ces/cons'..-r,:,.,ct-*on range of $5,000 to > POM02-110 Uts-r-3 a gocLis&-.servi%-eE-:/'CclistrULLio!-; range of $2.5,000 to LiJiMit-,'?dj$25,G00. Aga.-in, uni-mited is for budgeted purchases. I Low ' �> Four of seven cities ies use a low t, 11 res.holcl of "25GO. Dek-21y is !nrludad in this g r 0 L!;P,-.. The other tdo r e a cities use $D 5,000 in '. J to Conclusion T� threshold levels -u ron Del- v Beach fall within the mild- le range cl, -,-he Me L, I .1a. I Ll 'I seen c 11 E; e s. VVe Teel these levels bring Delray Beach into the Coninion benichmairk orange 'too, like chdas in the area. CN \ 7 7 k \ \ \ \ k E 4b 0 5 R 0 � Q Ln D S _ K E CL d ® 3| k 7 � 'A , C / \ { 2 o � o E c e y CIO / \ / I $ k � [ c o 2 § \ o $ � E / \ k 0 0 0 C3 k & \ R 2 0 7 § � k k cu Qj bm a u a R ® S o k 0- t f o f f 0 2 / \ \ k � (U 0 Ln o 0 CD ki i m - & k \ / 0 k � \ \ 0 a o / 2 M CL F� - � / m § _ # - 00 rl CNJ 14 § \ / % Ln § U 2 § E R 0 0 0 R 0 - R 0 0 0 0 0 2 k rl k k g k k q � Oj CL 0 V-4 � A \ � / m a c f D J 3 d m tw / c 2 § I 2 % mI cr ® k 2 R CL E » | ® E ( E 0 / A 2 k 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: November 7, 2013 SUBJECT: AGENDA ITEM N.C. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 ORDINANCE NO. 30-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 99, "Noise Control ", of the Code of Ordinances, by amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", to amend allowable times for devices and construction noise. BACKGROUND At the first reading on November 5, 2013, the Commission passed Ordinance No. 30 -13. RECOMMENDATION Recommend approval of Ordinance No. 30 -13 on second and final reading. ORDINANCE NO. 30 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 99.03, "LOUD AND UNNECESSARY NOISES PROHIBITED ", TO AMEND ALLOWABLE TIMES FOR DEVICES AND CONSTRUCTION NOISE; AND PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, excessive sound is a serious hazard to public health, welfare, safety and quality of life; and, WHEREAS, people have a right to and should be ensured an environment free from unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade their quality of life; and, WHEREAS, Section 4.4.3(1)(1) of the Land Development Regulations for the City of Delray Beach sets forth the restrictions for work hours and building material deliveries for construction sites in Single Family Residential Districts. WHEREAS, the City Commission desires to have construction in all districts of the City conform with these conditions to ensure that residents are protected from construction noise emanating from adjacent districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 99.03 "Loud And Unnecessary Noises Prohibited ", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED. It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, or unnecessary noise -. which shall apply in all areas of the city, twenty -four hours a dad, seven days a week, except as specified otherwise herein. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others, are declared to be unreasonably loud, excessive, or unnecessary noises and in violation of this Chapter -. This enumeration does not constitute an exclusive list. (1) Radios, televisions, musical instruments, loudspeakers, etc: Using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, loudspeaker, public address system, sound truck or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. (a) The operation of any such set, instrument, machine or device between the hours of 11:00 pm and 7:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet from the boundaries of the property surrounding the device or the building, structure, or vehicle in which the device is located, except as set forth in Section 99.03(A)(1)(a)(i), shall be prima facie evidence of a violation of this section. (i) For buildings or structures used for commercial purposes in the shaded area designated in the map below, operation of any such set, instrument, machine or device between the hours of 4 4!59 p.ffi. 12:01 a.m. and 7:00 a.m. Sundft Mondav through may Fridav and between the hours of 1:00 a.m. and 7:00 a.m. on Saturday and Sunday in such a manner as to be plainly audible at a distance of 100 feet from the boundaries of the property in which the device is located shall be prima facie evidence of a violation of this section. ORD. NO. 30 -13 ii) The 100 -feet distance shall be measured in a straight line from any point on the property line of the sound source as shown in the accompanying illustration. s Sound Source 100 . � 100. Property Line N g (b) Where the noise source is located in a building or other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. ORD. NO. 30 -13 N E 2nd Street ar 4 L v } Atlantic Avenue c � LL � •7 � � 0 L L Z SE 2nd Street ii) The 100 -feet distance shall be measured in a straight line from any point on the property line of the sound source as shown in the accompanying illustration. s Sound Source 100 . � 100. Property Line N g (b) Where the noise source is located in a building or other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. ORD. NO. 30 -13 (2) Animals and Birds. Owning, possessing or harboring any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. This provision shall not apply to public zoos. (3) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects in a manner as to cause an unreasonably loud or excessive sound. (4) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work in such a manner as to create an unreasonably loud or excessive sound or vibration. (a) The provisions of subsection (A) (4) of this Section shall not prohibit construction, drilling or demolition work between the hours of 7:00 a.m. and 46:00 p.m. on weekdays, and between 8:00 a.m. and 4:00 p.m. on Saturday, nor prohibit the use of any temporary pumps or machinery which are required to be operated twenty -four (24) hours a day in conjunction with construction work. Subsection (A)(4) shall also not apply to emergency work for public utilities or where there is an exemption pursuant to Section 99.04 or where a temporary permit has been issued pursuant to Section 99.05. (b) The provisions of subsection (A) (4) shall not apply to the use of domestic power tools subject to subsection (A)(12)of this Section. (5) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in a manner as to cause an unreasonably loud or excessive sound. (6) Refuse Collection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 6:00 a.m. (7) Stationag Mechanical Noise Source. Operating or permitting the operation of stationary mechanical sources including but not limited to pumps (except for pumping done pursuant to division (A) (4) (a) of this Section), motors, fans, compressors, powered tools or similar devices, air conditioning or air - handling systems, and cooling towers in a manner as to exceed 60 decibels (dB[A]) when measured at any point on neighboring property line. (8) Vibration. Operating or permitting the operation of any device on a property, including bass emanating from audio speakers, so as to produce vibration that is unreasonable. ORD. NO. 30 -13 (9) Stationary Nonemergency Signaling Devices. Sound or permitting the sounding of any signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision. (10) Emergency Signaling Devices. (a) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling devices, except for emergency purposes or for testing, as provided in subsection (A) (10) (b) of this Section. (b) (1) Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall the test time exceed sixty (60) seconds and five (5) minutes for emergency generators. (2) Testing of the complete emergency signaling system, including the functioning of the emergency signaling device and the personnel response to the emergency signaling device shall not occur more than once in each calendar month. This testing shall not occur before 7:00 a.m. or after 7:00 p.m. The time limit for the test time specified in subsection (A) (10) (b) (1) shall not apply to the complete system testing. (c) The sounding or permitting the sounding of any exterior burglar or fire alarm shall comply with the provisions of Chapter 112. (11) Motor Vehicles Operating on a Public Kz,&- of -Vay. Motor vehicles on a Public Right -of -Way are regulated as set forth in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended. (12) Domestic Pourer Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, or similar device used in residential areas between the hours of 8 p.m and 7 a.m. (13) Schools, Courts, Hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street. (14) Tampering. The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement, of any noise control device or element of design of any product having those devices. ORD. NO. 30 -13 (15) Operation of aircraft; mufflers. Operating an aircraft over the corporate limits of the City that is not equipped with an adequate muffler ordinary for any such aircraft. Said muffler must be used in constant operation so as to prevent any excessive or unnecessary noise. 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 all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of 12013. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO. 30 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 30, 2013 Page I of I SUBJECT: AGENDA ITEM 11.C. -REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 ORDINANCE NO. 30 -13 ITEM BEFORE COMMISSION City Commission consideration of the approval of Ordinance No. 30 -13, amending Chapter 99 governing "Noise" to amend allowable times for devices and construction noise. BACKGROUND City Commission approved substantial amendments to Chapter 99, (Ord. 14 -13) at its regular meeting of August 20, 2013. The ordinance is before the Commission for discussion of proposed revisions to the following sections of Chapter 99, "Noise Control" : 1. Section 99.03 "Loud and Unnecessary Noises Prohibited" o Subsections (A)(1)(a)(1) — this section has been updated to clarify the time buildings or structures used for commercial purposes within the area designated in the map, sound that is plainly audible 100 feet away after 12:01 am and 7:OOam Monday through Friday and between the hours of 1:00am and 7:OOam on Saturday and Sunday shall be a violation. o Subsection (4)(a) "Construction" — clarifies that the provisions of this suction shall not prohibit construction, drilling or demolition work between the hours of 7:OOam and 6:OOpm on weekdays, and between 8:OOam to 4:OOpm on Saturdays. REVIEW BY OTHERS City Attorney RECOMMENDATION Staff recommends approval of Ordinance No. 30 -13 as proposed. http: // agendas. mydelraybeach .com /Bluesheet.aspx ?ItemlD= 7327 &MeetingID =465 1 1/7/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 13, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 ORDINANCE NO. 31-13 ITEM BEFORE COMMISSION The item before the Commission is Ordinance No. 31 -13 which amends Section 113.15 of the Code of Ordinances to allow for the sale of alcohol on Sunday mornings from 7:00 a.m. to 12:01 p.m. BACKGROUND At the November 5, 2013 Commission meeting, the City received an inquiry regarding its Sunday morning blue law and the possibility of allowing alcohol sales on Sunday morning. The consensus of the Commission was to allow the alcohol sales on Sunday morning. The current ordinance prohibits the sale of alcohol on Sunday morning from 7:00 a.m. to 12:01 p.m., the proposed ordinance removes this restriction. RECOMMENDATION Staff recommends approval of Ordinance No. 31 -13. ORDINANCE NO. 31 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 113.15, "HOURS OF SALE AND CONSUMPTION; EXEMPTION ", TO REMOVE THE RESTRICTION OF SELLING ALCOHOLIC BEVERAGES ON SUNDAY MORNING, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the ordinances of the City of Delray Beach currently prohibits the sale of alcoholic beverages within the City of Delray Beach between the hours of 2:00 a.m. to 12:01 p.m. on Sunday morning.; WHEREAS, this proposed ordinance would allow the sale of alcohol on Sunday morning; WHEREAS, the City Commission of the City of Delray Beach desires to eliminate the current restriction for the sale of alcohol on Sunday morning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 113, "Alcoholic Beverages ", of the Code of Ordinances is amended by amending Section 113.15, "Hours of Sale and Consumption; Exemption ", to read as follows: Sec. 113.15. HOURS OF SALE AND CONSUMPTION; EXEMPTION (A) Hours of Sale and Consumption. It shall be unlawful (except as provided in division (B) below) for any person to sell, serve, consume or deliver, or permit to be sold, consumed, served or delivered any alcoholic beverage containing over one percent of alcohol by weight in the City during the following hours: From late 1101 r an Stia ays-, 2:00 a.m. to 7:00 a.m. on Mondays each day except e* on January 1 when the closing hour shall be extended to 4:00 a.m. However-, nothing pr-evided in this Seetion shall prevent aleahalie beverage, as defined in Fier-ida St4ute Chapter- 561, f+em being seld and eenstimed en the pr-emises ef an Aleekelie Bever-age Establishmen beginning at 7�00 a.m. an Sunday M—q- (B) Exemption for Serving and Consuming in Private homes. None of the above provisions shall apply to an individual serving and consuming (but not selling) any alcoholic beverage in his home after the closing hours established herein and during the hours set forth above. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013.. ATTEST City Clerk First Readi Second Reading MAYOR ORD. NO. 31 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: November 13, 2013 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 ORDINANCE NO. 32-13 ITEM BEFORE COMMISSION The item before Commission is Ordinance No. 32 -13 regarding Charter provisions pertaining to Commission voting. BACKGROUND The attached Ordinance No. 32 -13 is provided as a result of the direction given at the October 8, 2013 and November 12, 2013 City Commission workshop meetings wherein the Commission requested our office to review the City's Charter provision regarding voting and come back with some language to address what happens when there is a tie vote and then subsequently directed our office to move forward with the attached ordinance. We reviewed over fourteen (14) different charter provisions regarding voting from around Palm Beach and Broward counties and determined that cities generally handle voting in one of two ways: 1. They require the affirmative vote of a majority of those present and eligible to vote, or 2. They require the affirmative vote of three (3) members of the Commission. It appears that the majority of the smaller cities that we polled follow the version that only requires a majority of those members of the Commission present and voting, while the medium to larger sized cities tend to follow the version that requires the affirmative vote of three (3) members of the Commission to take action on an item. The ordinance mirrors the provision in the City of Weston charter, which requires the affirmative vote of three (3) members of the Commission unless there are less than three (3) members of the Commission who are eligible to vote on a particular matter due to vacancy or required abstention pursuant to Florida law, then the remaining members of the Commission may approve a matter by unanimous vote. This additional language regarding vacancies and voting conflicts appears to address all legal possibilities. Additionally, the ordinance provides that any motion that fails to achieve the required number of affirmative votes shall be deemed to have "failed and no action shall be taken by that motion ", which means that either a new motion can be made in the hopes of acquiring the requisite number of supportive votes or, if no new motion is made, then it shall be as if no action was taken at all. This language addresses any ambiguity regarding tie votes and also allows for the additional opportunity to take action on an item such as a rezoning without having to wait for six (6)+ months as would be required if a tie vote was considered to be a denial of the motion. RECOMMENDATION The City Attorney's Office recommends approval of Ordinance No. 32 -13 on First Reading. ORDINANCE NO. 32 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE CLARIFICATION REGARDING THE VOTING PROCEDURE; PROVIDING FOR A REFERENDUM ON MARCH 11, 2014; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may, by ordinance, submit a proposed amendment to the Charter to the electors of the municipality; and WHEREAS, the City Commission desires to clarify the voting procedure of the City Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 3.12, "Procedure ", of the Charter of the City of Delray Beach, be amended to read as follows: Sec. 3.12. PROCEDURE. (A) Meetings. The Commission shall meet regularly at least twice a month at times and places that the Commission prescribes by rule or otherwise. Special meetings may be held on the call of the Mayor or of a majority of the commission. Whenever practicable, there shall be at least twelve (12) hours' notice of a special meeting to individual members of the Commission and to the public. (B) Rules. The commission shall determine its own rules and order of business. (C) Quorum and Noting. (1) A quorum for the transaction of business shall consist of three (3) members, but a smaller number may adjourn from time to time and ma,T�pel the attendance of absent members in the manner and subject to the penalties prescribed by the Rules of the Commission. Voting on ordinances, resolutions, and motions shall be as set forth i ..c `he C..f.f.issi .ft below and shall be recorded in the minutes.. `'tree 2` f...f., ers ..c `'te e..f.f.tsst effi -eefe o f fli f e z! e (3) Except as otherwise provided in the Charter, no action of the Commission shall be valid or binding unless adopted by the affirmative votes of at least three (3) members of the Commission, and, if any motion fails to achieve the affirmative vote of at least three (3) members of the Commission, then such motion shall be deemed to have failed and no action shall be taken by that motion. In the event that there are less than three (3) members of the Commission who are eligible to vote on a particular matter due to vacancy or required abstention pursuant to applicable state or county law, then the remaining member(s) of the Commission may vote and approve such mater b unanimous vote. Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 11, 2014 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. 1 CHARTER AMENDMENT — VOTING PROCEDURE CHANGE THE CHARTER CURRENTLY REQUIRES THREE CONCURRING VOTES TO TAKE ACTION ON AN ITEM. UNDER THE PROPOSED CHARTER AMENDMENT, THE AFFIRMATIVE VOTE OF THREE MEMBERS OF THE COMMISSION WOULD BE REQUIRED TO TAKE ACTION ON AN ITEM, EXCEPT IN THE EVENT THAT, BECAUSE OF A VACANCY OR REQUIRED VOTING ABSTENTION, THERE ARE LESS THAN THREE MEMBERS ELIGIBLE TO VOTE, IN WHICH CASE THE REMAINING MEMBER(S) MAY APPROVE THE ITEM BY UNANIMOUS VOTE. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon its passage on second and final reading and in accordance with Section 2 above. 2 ORD. NO. 32 -13 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2013. ATTEST: City Clerk First Reading Second Reading MAYOR 3 ORD. NO. 32 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: November 13, 2013 SUBJECT: AGENDA ITEM 11.C. -REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 ORDINANCE NO. 33-13 ITEM BEFORE COMMISSION The item before the City Commission is to adopt Ordinance No. 33 -13, amending the Code of Ordinances by repealing Chapter 119, "Vehicles For Hire" in its entirety and enacting a new Chapter 119 in its place, in order to adopt, by reference, the Palm Beach County provisions regarding the same. BACKGROUND At the Workshop Meeting on November 12, 2013, the Commission discussed the proposed ordinance and gave direction to staff to move forward with the First Reading of the new ordinance, to provide for the adoption of Palm Beach County's "Vehicles for Hire" ordinance in its entirety. RECOMMENDATION Staff recommends approval of Ordinance No. 33 -13 on First Reading. ORDINANCE NO. 33 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING CHAPTER 119, "VEHICLES FOR HIRE" IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 119, "VEHICLES FOR HIRE" IN ITS PLACE IN ORDER TO ADOPT BY REFERENCE THE PALM BEACH COUNTY CODE PROVISIONS REGARDING SAME; PROVIDING A GENERAL, REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 119, "Vehicles for Hire ", of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in its entirety and a new Chapter 119, "Vehicles for Hire" shall be enacted to read: - - -- -- - - -- -- -- - - - - - -- - -- - - -- - - -- - I -- - -- - -- - - - - - - - -- - - - -- - - --- - - - - -- - - - - - -- -- - - -- - - IM - - - - -- -- - - -- -- - - -- -- -- - - - -- - - -- - -- - - - - - -- -- - - -- -- - - - -- - - - - -- -- -- - -- - - -- - - -- - - - - - - - - - -- - - - -- -- - - - - -- - - -- -- CHAPTER 119. —VEHICLES FOR HIRE. Sec. 119.01 — PALM BEACH COUNTY CODE SECTIONS REGARDING VEHICLES FOR HIRE ADOPTED BY REFERENCE. Chapter 19, Article IX of the Palm Beach County Code of Ordinances, as set forth in Exhibit "A ", are incorporated by reference within this chapter as if fully set forth herein. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2013. ATTEST: City Clerk First Reading Second Reading MAYOR 2 Ord. No. 33 -13 - - - -- - - -- - -- - - - -- -- - - - -- - - -- - -- - M-11111 CHAPTER 119. —VEHICLES FOR HIRE. Sec. 119.01 — PALM BEACH COUNTY CODE SECTIONS REGARDING VEHICLES FOR HIRE ADOPTED BY REFERENCE. Chapter 19, Article IX of the Palm Beach County Code of Ordinances, as set forth in Exhibit "A ", are incorporated by reference within this chapter as if fully set forth herein. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2013. ATTEST: City Clerk First Reading Second Reading MAYOR 2 Ord. No. 33 -13 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE ARTICLE IX. VEHICLES FOR HIRE u Sec. 19 -211. Short title; applicability. Sec. 19 -212. Authority. Sec. 19 -213. Definitions. Sec. 19 -214. Compliance with article required. Sec. 19 -215. Advertising. Sec. 19 -216. Reserved. Sec. 19 -217. Reciprocity. Sec. 19 -218. Business permit application. Sec. 19 -219. Records required. Sec. 19 -220. Vehicle requirements. Sec. 19 -221. Vehicle decal reauirements. Sec. 19 -222. Impoundment. Sec. 19 -223. Vehicle safety and appearance requirements. Sec. 19 -224. Non - medical wheelchair and stretcher transportation service companies operational requirements. Sec. 19 -225. Vehicle inspections. Sec. 19 -226. Commercial automobile liabilitv insurance. Sec. 19 -227. Driver requirements; failure to comply. Sec. 19 -228. Fraudulent transfer of vehicle for hire company. Sec. 19 -229. Revocation, suspension and denial of permits /I.D. badges; administrative appeal. Sec. 19 -230. Enforcement. Sec. 19 -231. Violations. Sec. 19 -232. Appeals. Sec. 19 -233. Fees. Sec. 19 -234. Penalties. Sec. 19 -235. Start -uo. Sec. 19 -236. Repeal of laws in conflict. Sec. 19 -237. Savings clause. Sec. 19 -238. Jurisdiction. Palm Beach County, Florida, Code of Ordinances Page 1 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Sec. 19 -211. Short title; applicability. (a) This article shall be known as the "Palm Beach County Vehicle for Hire Ordinance." (b) Unless a municipal exemption applies; the provisions of this article shall be applicable to the incorporated and unincorporated areas of the county. Unless otherwise provided, nothing in this article shall be construed to relieve any person from compliance with any applicable county or municipal regulations. (Ord. No. 08 -043, § 1, 9- 23 -08) Sec. 19 -212. Authority. This article is adopted under the authority of F.S. ch. 125. (Urd. No. Us -U43, § 2, 9 -23 -Ub Sec. 19 -213. Definitions. The following words and phrases when used in this article shall have the meanings as set out herein: Advertising. The term "advertising" shall mean to advise, announce, give notice of, publish, or call attention by use of oral, written, or graphic statements made in newspapers, telephone directories or other publications or on radio or television, any electronic medium, or contained in any notice, handbill, catalog, newsletter, poster, sign, flyer, business card or letter. Applicant. The term "applicant" shall mean any person who applies for a vehicle for hire business permit or driver's I.D. badge within Palm Beach County. In the case of partnerships, associations, corporations and other legal entities, "applicant" shall also mean any member of a partnership, each associate and the corporate officers and directors. Board. The term "board" shall mean the Palm Beach County Board of County Commissioners. Business permit. The term "business permit" shall mean the authority required by the provisions of this article to be obtained by any individual or vehicle for hire company not subject to reciprocity, to engage in vehicle for hire business in Palm Beach County. Compensation. The term "compensation" shall mean a return in money, property, or anything of value for the rendition of vehicle for hire service. Commercial business office. The term "commercial business office" shall mean the primary place of business where management and employees perform office work for a vehicle for hire company and which shall meet the following requirements: (a) Properly zoned; (b) Customer /employee parking; (c) Sufficient commercial vehicle parking; (d) Sanitary facilities /restrooms; (e) Dedicated wired phone line with a unique /dedicated number; (f) Identifying signage; and (g) Central dispatch. The address of the commercial business office must match the address on the local business tax receipt. Palm Beach County, Florida, Code of Ordinances Page 2 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE County permit. The term "county permit" shall mean the grant by Palm Beach County to operate one (1) vehicle for hire not subject to reciprocity, upon the streets of Palm Beach County. Division or DCA. The term "division" or "DCA" shall mean the Palm Beach County Division of Consumer Affairs. Driver. The term "driver" shall mean the individual who is driving or physically operating the taxicab, limousine, shuttle, or other passenger vehicle for hire and includes the term "chauffeur." Individual. The term "individual" includes a natural person, partnership, corporation, association, or any other legal entity. Limousine. The term "limousine" shall mean a chauffeur - driven motor vehicle, modified- for -the- purpose as a luxury stretch vehicle, regardless of length and which contains a fixed partition used to separate the driver and passenger seating areas. A limousine is prohibited from using a taximeter and toplight unless it is being used as a taxicab. Luxury sedan /SUV (sport utility vehicle). The term "luxury sedan" or "luxury SUV" shall mean a classification of motor vehicles that are designated by the manufacturer as a full size sedan /SUV that has at least four (4) doors; and has a rated seating capacity of one (1) to eight (8) passengers which has not been altered from the original manufacturer's specifications with respect to wheelbase or seating capacity, and does not have a partition or other device used to separate the driver and passenger seating areas, and is recognized by the industry and the division of consumer affairs as a "luxury" vehicle, such as a Cadillac, Lincoln, Mercedes -Benz or other similar top -of- the -line luxury sedans or SUVs. Manifest. The term "manifest" shall mean written or electronic /digital documentation prepared by the vehicle for hire business providing individual trip logs for each pickup /drop -off of passengers that can be viewed upon request by authorized DCA personnel or law enforcement officers. The "manifest" shall be in the possession of the vehicle for hire driver and central dispatch and shall include the business name, business phone number, name of the passenger (if provided /known), pickup /drop -off address and dates /times involved. Non - medical, wheelchair and stretcher transportation service. The term "non- medical, wheelchair and stretcher transportation service" shall mean the transportation of persons while on stretchers or wheelchairs, or persons whose handicap, illness, injury, or other incapacitation makes it impractical to be transported by a regular common carrier such as a bus, taxicab, or other vehicle for hire. Such persons do not need, nor are likely to need, any medical attention during transport. Passenger. The term "passenger" shall mean a person utilizing a vehicle for hire for the purpose of being transported to a destination, or a person who is awaiting the arrival of a dispatched vehicle for hire, and does not include the chauffeur. Prearranged. The term "prearranged" shall mean a written, e-mail, fax or telephone reservation made at least thirty (30) minutes in advance by the person requesting service from a vehicle for hire business. Such reservations shall be documented in written form by the business. The written documentation requested herein shall be made available immediately upon the request of authorized division personnel or law enforcement. The thirty- minute advance requirement does not apply to companies with authorized vehicle for hire contracts with Palm Beach International Airport and other businesses that provide vehicle for hire services by contract. Residential home office. The term "residential home office" shall mean a residence located in Palm Beach County from which a vehicle for hire business is operated. The "residential home office" must be the primary residence of the vehicle for hire company's principal owner /president. The "residential home office" must be equipped with a separate wired telephone line and be approved by applicable zoning regulations. Proof of residency must be provided upon request (i.e., driver's license, tax receipt, bank account, utility bill, etc.). Palm Beach County, Florida, Code of Ordinances Page 3 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Sedan. The term "sedan" shall mean any pre- arranged vehicle for hire, not equipped with a taximeter, which is not a limousine, SUV, transport van /shuttle, non - medical wheelchair and stretcher transportation vehicle or taxi. Sedans shall include all other commercially manufactured passenger vehicles not already defined herein. Such vehicles shall not display the word "taxicab," "taxi," or "cab" on the vehicle exterior or interior. A sedan is prohibited from using a taximeter and top -light unless it is being used as a taxicab. A sedan older than thirty (30) years must be fully restored and registered as an antique by the state pursuant to F.S. § 320.086(2) as may be amended. Short -term vehicle decal plaque placard. The term "short -term vehicle placard" shall mean a specially prepared placard placed on the passenger side dashboard of a short -term rental vehicle for hire. All rental contracts must be 30 days or less. SUV (sports utility vehicle). The term "SUV" shall mean a type of passenger vehicle which combines the load- hauling and passenger- carrying capacity of a large station wagon or minivan. A SUV is prohibited from using a taximeter and toplight unless it is being used as a taxicab. Taxicab. The term "taxicab" shall mean a motorized vehicle, equipped with a taximeter, engaged in the transportation of passengers for compensation, and where the route or destination is controlled by the passenger. Taximeter. The term "taximeter" shall mean any device permanently and internally mounted in a taxicab and which records and indicates a charge or fare measured by distance traveled, waiting time or other traditionally compensable activities of taxicab service. Top light. The term "top light" shall mean a permanently installed roof mounted lighted device which shall be illuminated whenever the taximeter is on. The top light must be a minimum size of ten (10) inches by four (4) inches, permanently mounted on the vehicle roof and display or include the word "taxi," "taxicab" or "cab." Transport van /shuttle. The term "transport van /shuttle" shall mean a motor vehicle not equipped with a taximeter, with a seating capacity for at least four (4) passengers, exclusive of the driver, where there is no separation of the driver and passenger compartments and not modified from the manufacturer's specifications. A functioning seat belt must be available for each passenger. A transport van /shuttle is recognized by the industry as a mini -van, van, mini - coach, minibus, limo -bus or other similar vehicle, excluding those vehicles regulated by the State of Florida Department of Transportation (FDOT). A transport van /shuttle is prohibited from using a taximeter and top -light unless it is being used as a taxicab. Vehicle decal. The term "vehicle decal" shall mean a decal placed upon any vehicle for hire granted approval to provide vehicle for hire services by the division. Vehicle for hire and /or vehicle for hire company. The terms "vehicle for hire" and /or "vehicle for hire company" shall mean any individual, partnership, association, corporation, or other legal entity which holds business permits for or contracts with any motorized, self - propelled vehicle(s) engaged in the transportation of persons upon the streets of Palm Beach County who receive any compensation or salary for providing such transportation. The term shall not be construed to exclude any person owning, controlling, operating, or managing any type of motor vehicle used in the business of transportation of persons for compensation. The term shall include, but not be limited to non - medical wheelchair and stretcher transportation services, taxicabs, transport vans /shuttles, sedans, SUVs, limousines, and the use of personal vehicle(s), regardless of who owns said personal vehicle(s) engaged in the transportation of persons. The term shall not apply to vehicles, companies and organizations identified in section 19 -214 of this Code. Vehicle for hire driver's I.D. badge (I.D. badge). The term "vehicle for hire driver's I.D. badge (I.D. badge)" shall mean a permit authorizing the holder thereof to utilize the motor vehicle(s) described in said permit for the transportation of passengers as authorized pursuant to this article. Palm Beach County, Florida, Code of Ordinances Page 4 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Vehicle for hire service standards. The term "vehicle for hire service standards" shall mean a summary of "passenger" and "driver" expectations prominently displayed within every vehicle for hire passenger compartment. (Ord. No. 08 -043, § 3, 9- 13 -ud, vi u. rvu. /-vi i -v4v, � i , i L -zu -i i ; vi u. No. 2u i c -uuw, � i , b -i b -i 1; Ord. No. 2013 -007, § 1, 4- 16 -13) Sec. 19 -214. Compliance with article required. (a) The operation of vehicles for hire within and upon the streets of the county shall be subject to the conditions, restrictions, and regulations set forth in this article. It shall be unlawful to operate any vehicle for hire within and upon such streets without first obtaining a county vehicle for hire permit, vehicle decal(s), and driver's I.D. badge; however, this article shall not apply to the following: (1) Vehicles operated by a governmental agency; (2) Vehicles tendering transportation services not for compensation; (3) Vehicles owned and operated by hotels, motels and funeral homes which provide transportation services for their guests only, for which the guest does not incur a separate charge; (4) Discharge of a passenger pursuant to legal authority as referenced in section 19 -217 of this article on reciprocity; (5) Operation of motor vehicles for the transportation of passengers, not for compensation, between the vicinity of their residences and the vicinity of their places of work, in an arrangement commonly known as a "car pool" or "van pool "; (6) School buses and church buses; (7) Transportation services operated as a bona -fide tour company by a seller of travel as defined in F.S. § 559.927, as amended; (8) Horse drawn carriages; (9) Motor vehicles used exclusively to provide transportation without compensation and purely incidental to a person's primary business and requiring the performance of substantial services in addition to transportation; and (10) Nonprofit organization vehicles operated by Section 501(c)(3), United States Revenue Code. (b) Compliance with the provisions of this article shall in no way relieve an individual or vehicle for hire company from compliance with all municipal, county, state and federal laws. (c) Vehicle for hire business permit holders and permitted drivers shall cooperate fully at all times with the division in furnishing information required in connection with requests for proof of licensure, insurance, vehicle registration, driver's I.D. badge, or during the process of applying to renew a business permit, registration of vehicles and /or driver's I.D. badges, or investigations of consumer complaints. Further, vehicle for hire business permit holders and permitted drivers shall not obstruct, hamper or interfere with an investigation of alleged violations of this article conducted by division personnel, any law enforcement officer or employee of any other agency enforcing this article. At no time shall a vehicle for hire business permit holder or permitted driver use abusive language or display discourteous, hostile, aggressive or other inappropriate behavior toward passengers, other vehicle for hire drivers, vehicle for hire business owners or their representatives, division personnel, any law enforcement officers or any agency authorized to enforce this article. (d) A "vehicle for hire company" must notify the division in writing within thirty (30) days of the date that any of its drivers are convicted of a criminal offense (misdemeanor or felony crime), including all Palm Beach County, Florida, Code of Ordinances Page 5 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE traffic offenses involving a driving under the influence charge, a controlled substance charge, or a driver license suspension /revocation charge. (e) A "vehicle for hire company" shall be responsible for its drivers' compliance with all of the regulations required by this article. (f) No "vehicle for hire company" shall charge, demand, or request any fare other than the prearranged amount agreed upon for the transportation service or the amount shown on the taximeter. (g) Any violation of this article is a civil infraction. kOrd. No. 08 -043, § 4, 9- 23 -08; Ord. No. 2012 -009, § 2, 5- 15 -12; Ord. No. 2013 -007, § 2, 4- 16 -13) Sec. 19 -215. Advertising. (a) It shall be unlawful for any vehicle for hire company to advertise vehicle for hire services and /or transportation services without obtaining and maintaining a current and valid vehicle for hire business permit and vehicle decal(s) pursuant to the provisions of this article. Any advertisement of any vehicle for hire business shall clearly and conspicuously disclose the name of the company, physical address of the company, phone number and vehicle for hire business permit number issued by the division. The permit number shall be preceded by "PBC VFW' (b) All taxicabs and non - medical wheelchair and stretcher transportation service vehicles shall clearly display on the exterior of the driver and passenger side of the vehicle, permanent vinyl or painted lettering at least four (4) inches high and in clearly visible bold contrasting colors, the vehicle for hire company's name, telephone number and business permit number. The permit number shall be preceded by "PBC VFW' Magnetic signage, of any type, is not permitted. (c) Every taxicab and non - medical wheelchair and stretcher transportation service vehicle shall be assigned a unique /dedicated number by the vehicle for hire company. That number must be permanently affixed to each vehicle by that company. The assigned number shall exist for the life of the vehicle while it is owned /operated by that company and shall not be reused for at least one year on any other vehicle. This number shall be reported to the division as part of the annual permit requirements. The number shall be affixed to both rear quarter panels (or roof posts) of an automobile or rear sides of other vehicles. The numbers must be in clearly visible, boldly contrasting colors and shall be a minimum of four (4) inches in height. Each business must assure that duplicate numbers are not assigned to vehicles. (d) All taxicabs shall conspicuously advertise their meter rates on the exterior of the vehicle and the metered drop rate must match the advertised rate. (e) Taxicabs utilizing signage on roofs which prevent the required mounting of a top light shall be exempt from the top light requirement until the vehicle is replaced, required to be retired pursuant to this article or the word "taxi," "cab" or "taxicab" (using at a minimum two -inch letters) is included on the signage and is able to be seen from the front and rear of the vehicle. (f) Vehicle for hire drivers /chauffeurs meeting passengers at Palm Beach International Airport, or the Port of Palm Beach, may utilize a sign for the purposes of identifying a passenger or group of passengers. The sign utilized shall identify the name of the passenger or group being met and shall include the name of the vehicle for hire company or the corporate client of the vehicle for hire company and "PBC VFH" permit number. In no event shall the name of the company be larger than one -inch letters and in any event the name of the company shall be smaller than the name of the passenger /group. (g) Advertising restrictions. No person shall advertise a vehicle for hire service in a manner that is false, misleading or deceptive. Notwithstanding paragraphs (a) through (f) above, the following Palm Beach County, Florida, Code of Ordinances Page 6 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE requirements shall be strictly complied with by every vehicle for hire company and driver in any advertisement for each particular category of vehicle for hire: (1) Taxicab or taxi. No taxicab vehicle for hire company shall advertise, or allow or cause to be advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for business which includes the word(s) "limousine," "limo," "luxury sedan or SUV," "luxury limousine or limo," "shuttle service," "luxury passenger vehicle," "shuttle," or a form of these words unless ordinance or exception requirements for multi- category vehicle for hire companies are met. (2) Sedan /SUV. No vehicle for hire sedan /SUV company shall advertise, or allow or cause to be advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for business which includes the word(s) "limousine," "limo," "taxicab," "cab," "shuttle," or any form of the word(s) "luxury" or "custom /luxury" unless ordinance or exception requirements for multi - category vehicle for hire companies are met. (3) Transport van /shuttle. No transport van /shuttle company shall advertise, or allow or cause to be advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for business which includes the word(s) "taxi or taxicab," "limousine," "limo," "luxury sedan or SUV," "luxury limousine or limo," "luxury passenger vehicle," or an form of these words unless ordinance or exception requirements for multi- category vehicle for hire companies are met. (4) Limousine. No limousine company shall advertise, or allow or cause to be advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for business which includes the word(s) "taxi or taxicab." (5) Exception for multi- category vehicle for hire companies. A Palm Beach County vehicle for hire company that has registered and has been issued vehicle permits and /or decals for multiple categories (i.e. Sedan Company with sedans, luxury sedans /SUV's and limos, taxi company with taxis, sedans and /or limos, etc) may use in one advertisement the terms for each particular category of the vehicle for hire business, however, consistent with restrictions in subsections (1) —(4). (Ord. No. 08 -043, g o, 9- 23 -08; Ord. Nu. 2011 -040, § 2, 12- 20 -11) Sec. 19 -216. Reserved. Editor's note— Ord. No. 2011 -040, § 3, adopted Dec. 20, 2011, repealed § 19-216 which pertained to municipal exemption and derived from 08 -043, § 6, adopted Sept. 23, 2008. Sec. 19 -217. Reciprocity. (a) Out -of- county origin exception. Nothing in this article shall prohibit discharge within the county of any passenger, lawfully picked up in another county and lawfully transported into the county from a county or municipality that has adopted a similar vehicle for hire regulatory ordinance, which meets or exceeds the requirements of this article and has been issued an operating permit by the county or municipality of origin. Palm Beach County, Florida, Code of Ordinances Page 7 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Any passenger lawfully picked up in another county, may be transported to, and discharged at one (1) or more locations within the county. Any passenger transported under this provision may be picked up at the drop -off location and transported back to the county of origin as long as the transportation is part of a continuous round trip fare. This transportation must be part of a prearranged fare (evidenced by a written manifest or load ticket) and the county or municipality (not in the county) where the passenger is picked up has adopted similar provisions in a vehicle for hire regulatory ordinance and issued an operating permit or vehicle for hire license to the business. Local business tax receipts do not meet the requirements of this section. (b) A vehicle for hire from another county or municipality (not in the county) may pick up a passenger at either Palm Beach International Airport or the Port of Palm Beach and transport said passenger directly to the vehicle for hire's county or municipality of origin as long as: (1) The county or other municipality has adopted a similar vehicle for hire regulatory ordinance, which meets or exceeds the requirements of this article; (2) The transportation is part of a prearranged, one -way continuous fare (evidenced by a written manifest or load ticket); (3) The passenger arrived at either Palm Beach International Airport or the Port of Palm Beach; (4) The vehicle meets Palm Beach International Airport and the Port of Palm Beach vehicle for hire requirements; and (5) The vehicle has been issued an operating permit by the county or municipality of origin. A copy of the manifest or load ticket shall be in the possession of the driver at all times and shall be made available to enforcement personnel upon request. (Ora. r4o. uu -u4s, § 7, 9- 23 -u?- Sec. 19 -218. Business permit application. (a) An individual or a vehicle for hire company not exempt pursuant to section 19 -214 shall make application to the division for a business permit. It is a violation of this article to operate such companies without first securing a business permit from the division. A business permit shall be issued annually only after acceptance by the division of the following: (1) Its legal, trade, corporate and /or fictitious name; (2) Its local or Florida business address (mail centers or P.O. box addresses are not acceptable); (3) List of all business principals (i.e., owner, officers, partners, etc.) names, addresses, dates of birth and Florida driver's license number. If applicable, the name and address of the registered agent shall be provided; (4) The year, make, model of manufacture, vehicle number (if applicable) and specific coloring scheme of each vehicle for hire for which a business permit is sought; (5) The vehicle identification number and license tag number of each vehicle; (6) A clear and legible copy of each vehicle's State of Florida registration form; (7) The name and vehicle for hire driver's I.D. badge number; (8) Appropriate certificates, permits, local business tax receipts, (specifically for vehicle for hire) and other authorization issued by the county and any municipality if applicable; (9) The original signed copy of the vehicle inspection form for each vehicle being assigned a decal; and Palm Beach County, Florida, Code of Ordinances Page 8 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (10) Payment of all business permit and vehicle decal fees in amounts set forth by resolution of the board. (b) No person maintaining, owning, or operating a vehicle for hire company shall suffer or permit any person or employee to drive a vehicle for hire unless such person has a valid vehicle for hire driver's I.D. badge issued pursuant to this article. (c) Each business permit issued pursuant to this section shall be valid and effective for one (1) year, terminating on April 30 of each year. (1) Failure to submit a business permit application and the required nonrefundable fee for renewal by March 1 of each year will result in the assessment of a nonrefundable late fee. The late fee shall be established by resolution of the board. (2) Upon submission of a new business permit application and all required documents, the division shall provide the business with a receipt which shall constitute a provisional business permit and shall be valid until the issuance or denial of the business permit, whichever comes first. (3) Businesses which fail to submit a complete application /renewal application within thirty (30) calendar days after the business' receipt of the division's notice of an incomplete application, shall be denied a business permit. Within ten (10) business days of receipt of the division's notice of denial, such businesses may refile a complete and corrected application and pay a nonrefundable re- filing fee established by resolution of the board. Failure to refile an application within this ten -day period, will result in the business being required to submit a new application and paying the nonrefundable business permit fee and vehicle decal fees. (4) The DCA may deny or revoke a business permit if it is determined that the applicant has misrepresented, omitted, concealed a fact on any application or submitted any fraudulent or false document. If denied or revoked, said business permit shall not be issued or reinstated for a period of one (1) year from the date of denial or revocation. (5) No permit shall be valid for any vehicle for hire company under any other name or at any place other than that designated in the permit. (6) If the business transfers, sells, changes or modifies its name or ownership structure, the business shall be required to notify the division of consumer affairs within forty -five (45) days of said change, and a new business permit application shall be submitted. All business permit fees and administrative processing fees approved by the board by resolution shall be assessed by the division. If the transfer, sale, change or modification changes the ownership structure by more than fifty -one (51) percent, it will be considered a new company, and new business requirements and fees established by the board by resolution shall apply. The adoption of a moratorium shall not preclude companies with existing business permits from the transfer, sale or change of ownership to a new business. (d) Any change in the information submitted pursuant to paragraph (a) above shall be provided to the division within twenty (20) calendar days of said change. Failure to provide such notice may result in the suspension or revocation of the company's business permit. (e) All vehicle for hire business permits which are not renewed, shall automatically expire upon the expiration date as stated on the permit and the company shall cease all vehicle for hire services immediately. (f) All vehicle for hire business must maintain a written /electronic manifest or trip log for each pickup /drop off of any passenger. The manifest shall be in the possession of the vehicle for hire driver and business central dispatch and shall include but not be limited to, the business name, the name of the driver and the driver's I.D. badge number, the county vehicle for hire permit number (VFH #), the decal number of the vehicle providing the service, the name, address and telephone number of the passenger, the date, time and location where the service begins and ends, and the Palm Beach County, Florida, Code of Ordinances Page 9 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE total charges and method of payment for the service provided. In addition, each original manifest, invoice, or dispatch record shall be available for inspection and a copy provided upon demand by law enforcement officers, by personnel authorized by the division to perform enforcement duties or to the passenger. (g) The DCA may deny or refuse to renew the business permit of any vehicle for hire business based upon the determination that: (1) Any director, officer, owner or general partner was associated with another vehicle for hire business whose permit was denied or revoked. (2) An individual /business, or any of its directors, officers, owners or general partners has not satisfied a civil fine or penalty arising out of any administrative or enforcement action brought by DCA; (3) Any individual /business, or any of its directors, officers, owners or general partners has had any unsatisfied civil penalties, judgments or administrative orders entered against it, him or her in any action brought by the DCA, or any government agency, under the requirements of this article or a similar ordinance; (4) Any individual /business, or any of its directors, officers, owners or general partners has failed to comply with the terms of a cease and desist order, notice to correct a violation, written assurance of voluntary compliance, or any other lawful order of the director, the DCA or the consumer affairs hearing board /special master. (h) Each vehicle for hire business operating in the county must secure a business operating permit and maintain a commercial business office or residential home office in the county. Each vehicle for hire company must place the actual written permit issued by the DCA in a location clearly visible to the public. There are only two (2) exceptions to maintaining a commercial business office or residential home office in the county: (1) The vehicle for hire business may operate from Broward County, Miami -Dade County or any another Florida county /municipality where that jurisdiction licenses and regulates vehicle for hire companies and that business and all vehicles are licensed /decaled to operate by that county /municipality and secures a vehicle for hire operating permit and vehicle decals from the county. (2) The vehicle for hire business may operate from another county if no vehicle for hire license regulations exists in the other county and that business secures a vehicle for hire operating permit and decals from the county. Vehicle for hire companies with existing operating permits and decals from the county shall be exempt from this subsection. (i) A vehicle for hire company shall sign an affidavit attesting that each driver is eligible to be insured by the company's commercial automobile liability insurer and is in fact insured. Q) The company is required to notify the division, in writing, immediately but no later than ten (10) business days from the date that a driver is no longer insured by the vehicle for hire company's commercial automobile liability insurer. (k) For vehicles owned by the business, it shall be the responsibility of the business to remove and surrender to the division all decals issued for vehicles which are no longer operating for that business. The business must also remove all vehicle signage and top lights within ten (10) business days following the removal of a vehicle from service or termination of employment/contract with the business. (1) Failure to comply with the provisions of this section may result in denial of a permit(s), revocation or suspension of the permit(s), a denial of renewal of such permit(s), issuance of a civil citation, a misdemeanor conviction or other such remedies available to the division by law. Palm Beach County, Florida, Code of Ordinances Page 10 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (Ord. No. 08 -043, § 8, 9- 23 -08; Ord. No. 2011 -040, § 4, 12- 20 -11; Ord. No. 2012 -009, § 3, 5- 15 -12; Ord. No. 2013 -003, § 1, 2 -5 -13; Ord. No. 2013 -007, § 3, 4- 16 -13) Sec. 19 -219. Records required. Each vehicle for hire company shall maintain accurate and complete records relating to manifests, invoices (when used) and vehicle maintenance. Such records shall be maintained for at least three (3) years. The division shall be granted access to these records for inspection and /or copying, during regular business hours, upon twenty -four (24) hours' prior notice. In the event the division is denied the opportunity to inspect and copy such records onsite, the division shall have the right to remove the records for the purpose of copying and shall return any records removed within three (3) calendar days. If necessary, the division is hereby authorized to obtain an inspection warrant as authorized by law. kOrd. No. 08 -043, § 9, 9 -23 -08 Sec. 19 -220. Vehicle requirements. (a) Age requirements. There shall be no age limitation for any vehicles, so long as the vehicle complies with the inspection process referenced herein. Any vehicle older than seven (7) years based on the registration of said vehicle or when the vehicle exceeds three hundred fifty thousand (350,000) miles, whichever is first, shall be required to pass a bi- annual inspection. The bi- annual inspections shall be pursuant to vehicle safety, appearance, operational and inspection requirements outlined in sections 19 -223, 19 -224, and 19 -225 of this article. (b) Fleet requirements. (1) All new taxicab companies submitting an application for a business permit pursuant to section 19 -218 on or after June 1, 2013, shall have a minimum of seven (7) vehicles in its fleet, and shall include at least one (1) handicap accessible vehicle. The rates for handicap accessible vehicles shall not differ from the rates charged to non - disabled passengers. (2) All new sedan /SUV companies submitting an application for a business permit pursuant to section 19 -218 on or after June 1, 2013, shall have a minimum of seven (7) vehicles in its fleet. (3) All new van /shuttle companies submitting an application for a business permit pursuant to section 19 -218 on or after June 1, 2013, shall have a minimum of seven (7) vehicles in its fleet, and shall include at least one (1) handicap accessible vehicle. The rates for handicap accessible vehicles shall not differ from the rates charged to non - disabled passengers. (4) All new limousine companies submitting an application for a business permit pursuant to 19 -218 on or after June 1, 2013, shall have a minimum of two (2) vehicles in its fleet. (5) All new non - medical wheelchair and stretcher transportation service companies submitting an application for a business permit pursuant to section 19 -218 on or after June 1, 2013, shall have a minimum of two (2) vehicles in its fleet. (6) All taxicab or van /shuttle companies with twenty (20) or more vehicles licensed by the division prior to June 1, 2013, shall have at least one (1) handicap accessible vehicle available beginning on December 1, 2014. The rates for handicap accessible vehicles shall not differ from the rates charged to non - disabled passengers. (c) Taxicabs. (1) Each taxicab is required to maintain a top light as defined in section 19 -213 Palm Beach County, Florida, Code of Ordinances Page 11 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (2) Each taxicab business shall select and use a uniform, specific and consistent color and signage scheme for all taxicabs registered to the business. Each company shall submit to the division for approval, upon application, three (3) color photographs, not less than eight (8) inches by ten (10) inches size, showing the entire vehicle, driver's side (assuming passenger side is identical), front and rear of the vehicle which depicts the chosen color scheme, including signage per section 19 -215 of this article. Each taxicab shall operate under a trade name which is distinct from, and not substantially similar to, any existing vehicle for hire company. (3) No taxicab shall be permitted to operate unless it conforms to the business' selected trade name, color and signage scheme as stated in subsection (c)(2) hereinabove. (4) No taxicab shall be permitted or operated unless it is equipped with a taximeter which accurately registers the rates and charges posted on the outside of the vehicle. Taxicabs are required to use the taximeter to determine all fares. The taximeter must be plainly visible to allow easy viewing of the meter rate display by the passenger. (5) All taximeters shall be calibrated, at least once per year, tested and sealed pursuant to the most current addition of the National Institute of Standards and Technology (NIST) Handbook 44, at a registered taxi service agency, as authorized by the state department of agriculture and consumer services, bureau of weights and measures. (6) Each taxicab business must present meter calibration records when applying for and /or renewing the vehicle for hire business permit. The calibration record must show at a minimum, the date of calibration, and the name, address and phone number of the registered taxi service agency performing the calibration. (7) All taximeters must have a lead seal and current inspection decal affixed to the taximeter, by a registered taxi service agency. The business is responsible for assuring compliance with this paragraph. (8) If either the lead seal or inspection decal is missing or broken on the taximeter, the vehicle for hire business must immediately take the vehicle out of service. The taximeter must be recalibrated by a registered taxi service agency, and a new lead seal and inspection decal must be affixed to the taximeter prior to the taxicab being placed back into service. (9) Beginning on June 1, 2013, all new taxicab companies licensed in Palm Beach County will be required to accept as a method of payment for the fare (in addition to cash or other forms of payment acceptable to the company), a bank debit card or credit card, including, but not limited to, Mastercard, Visa, and Discover, without additional charge or premium. (d) Failure to comply with the provisions of this section may result in the division denying the permit(s) /decal, revoking or suspending the permit(s) /decal, denying a renewal of such permits /decal, issuing a civil citation, a misdemeanor conviction or other such remedies available to the division. (Ord. No. 08 -043, § 10, 9- 23 -08; Ord. No. 2012 -009, § 4, 5- 15 -12; Ord. No. 2013 -007, § 4, 4- 16 -13) Sec. 19 -221. Vehicle decal requirements. (a) An individual or vehicle for hire company not exempt pursuant to section 19 -214 of this article shall make application to the division for a vehicle decal for each vehicle for hire. Each vehicle for hire shall be issued a vehicle decal upon fulfilling all the following requirements: (1) Verification of the application submitted pursuant to this article; (2) Certification evidencing compliance with the insurance requirements of section 19 -226 of this article; Palm Beach County, Florida, Code of Ordinances Page 12 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (3) Receipt of appropriate documentation or a sworn statement that the vehicle(s) for which the vehicle decal is sought meets the minimum vehicle safety and signage requirements of sections 19 -215, 19 -220, 19 -221 and 19 -223 of this article; and (4) Payment to the division of the vehicle decal fee in an amount set forth by resolution of the board. (b) Each vehicle decal issued pursuant to this section shall be valid and effective for one (1) year, terminating on April 30 of each year. (c) Upon issuance of a vehicle decal, such decal shall be properly affixed to the vehicle utilizing the adhesive provided on the decal. Said decal shall be placed on the passenger side, lower corner inside windshield and shall be clearly visible. Once affixed, the decal may not be removed except for reasons described in paragraph (g) below. The vehicle decal remains the property of the county and shall be used only under the authority of the division. It shall be a violation of this article to fail to properly affix the decal to the vehicle windshield immediately upon receipt. Designated division personnel shall have the authority to confiscate decals not properly affixed to the vehicle windshield. (d) A vehicle decal may be renewed upon application to the division evidencing continued compliance with the provisions of this article, and payment of the renewal fee in an amount set forth by resolution of the board. (e) If the short -term use of a rental vehicle by a vehicle for hire company is necessary, a short -term thirty -day vehicle placard shall be issued upon application to the division. The vehicle for hire company shall show proof that all temporary use vehicles meet the minimum insurance requirements of this article and provide a copy of the rental agreement. The short -term placard must be placed on the passenger's side dashboard of a rented vehicle for hire. The placard shall at a minimum include the name of the company, date of issuance and date of expiration. If a vehicle is rented for more than thirty (30) days, the vehicle for hire company must secure a new placard. The fee for a short - term vehicle placard shall be established by resolution of the board. All short -term use vehicles must meet all requirements of this article. Temporary use placards are not permitted for taxicabs. (f) No vehicle decal may be duplicated in any manner. (g) No vehicle decal may be sold, assigned or otherwise transferred. If a vehicle's windshield is damaged beyond repair or a vehicle is destroyed or sold, the vehicle for hire company must remove said vehicle decal (if in existence) and surrender the remains to the division within ten (10) business days of the occurrence. (h) The fee for replacing decals for vehicles currently registered with the DCA shall be established by resolution of the board. Such fees are applicable to vehicles which have sustained windshield damage or decal theft (as evidenced by dated repair receipt or police report). (i) Each vehicle for hire shall conspicuously display in the passenger compartment a Vehicle for Hire Service Standards decal, supplied by the division. Palm Beach County Vehicle for Hire Service Standards Passenger Expectations: • A clear understanding of the fare (or fare rate) • To examine the driver's I.D. badge • To direct the destination and route to your destination • A courteous, English- speaking driver who knows the streets of Palm Beach County Palm Beach County, Florida, Code of Ordinances Page 13 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE • Only the "permitted" driver and paying passengers in the vehicle • A driver who knows and obeys all traffic laws • Air - conditioning on demand • No operation of radio, CD /Cassette or DVD /video or other similar mediums unless requested • No smoking in the vehicle • Clean passenger seat area • Clean trunk Driver Expectations: • To be paid for services provided and requested • No illegal activities in vehicles • Personal safety • To maintain a safe environment • Non - smoking passenger(s) If you have an unresolved problem with the driver or company contact: Palm Beach County Consumer Affairs West Palm Beach 561- 712 -6600 Boca /Glades 888 - 852 -7362 www.pbcgov.com/consumer As an alternative for sedans and limousines, vehicle for hire companies may opt to provide a copy of the vehicle for hire standards on a minimum eight and one -half (8'h) inches by five and one -half (5'h) inches sheet of paper (with minimum ten -point type font) to passengers at any time, but no later than the trip termination or when the customer is invoiced. It shall be a violation of this article for the vehicle for hire company or the driver to fail to adhere to the vehicle for hire service standards. Q) It shall be unlawful to operate any vehicle for hire within and upon the streets and roads of the county without first obtaining the required vehicle decal(s) and affixing it to the windshield of each vehicle. Failure to secure the required decal or affixing it to each vehicle as required by this article may result in the permit being denied, suspended or revoked. (k) Failure to comply with the provisions of this section may result in the division denying the permit(s) /decal(s), revoking or suspending the permit(s) /decal(s), denying the renewal of such permit(s) /decal(s), issuing a civil citation, a misdemeanor conviction or other such remedies available to the division. (Ord. No. 08 -043, § 11, 9- 23 -08; Ord. No. 2013 -007, § 5, 4- 16 -13) Palm Beach County, Florida, Code of Ordinances Page 14 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Sec. 19 -222. Impoundment. (a) Designated DCA employees or law enforcement officers are authorized to seize and impound any vehicle for hire which such employee or officer has probable cause to believe is being operated without commercial liability insurance and in violation of this article. (b) Any licensed driver and /or vehicle for hire business that has been suspended for failure to meet the required commercial liability insurance requirements shall have its vehicle impounded and its business permit revoked. If revoked, said business permit shall not be issued or reinstated for a period of one (1) year from the date of revocation, and all new business permit application requirements shall apply. (c) At the time and place of impoundment, the designated DCA employee or law enforcement officer will provide written notice to the owner /operator of the vehicle detailing: (1) The grounds for impoundment, (2) The description of the vehicle impounded, (3) The location of the secured facility where the vehicle will be held, (4) The process for having the vehicle released, and (5) The circumstances under which the vehicle will be disposed /sold if the owner fails to meet the requirements of this section and fails to claim the vehicle pursuant to F.S. § 713.78, as may be amended. If the owner of the vehicle is not present at the time of impoundment, within twenty -four (24) hours the division will make a good faith effort to give a notice of seizure in writing to said vehicle owner and lien holder of the fact of such seizure, the grounds for seizure, identification of the seized vehicle and information concerning these regulations and the designated secured facility to which the vehicle was or will be taken. A copy of said notice of seizure shall also be given to the towing company which impounds the vehicle. Whenever an officer or designated employee seizes a vehicle under this section, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinabove provided, then the officer or designated employee shall immediately send or cause to be sent a written report of such impoundment by mail to the appropriate law enforcement agency. (d) The division shall obtain the assistance of either the county sheriffs office or the specific police agency in the municipality where the vehicle is to be towed to coordinate the impoundment of the vehicle with an authorized towing company either on rotation by the law enforcement agency or under contract with the division. (e) The vehicle shall not be released to the vehicle owner by the towing company until authorization has been given by the DCA. The owner must show proof that all judgments from outstanding citations and administrative actions that relate to the failure to have commercial liability insurance have been paid or proof is shown that a court hearing has been scheduled to consider said outstanding citations. Further, the vehicle owner must make arrangements through the company's commercial insurance agent /company to show proof to the DCA that the vehicle has the required insurance or provides a notarized affidavit that the vehicle will no longer be used as a vehicle for hire, returns the vehicle for hire decal and shows proof of insurance as required by the state. (f) After meeting the requirements in subsection (e) above, the registered owner of the impounded vehicle may request that the impounded vehicle be released, by delivering a written request in person to the DCA, Monday through Friday, between 8:00 a.m. and 4:00 p.m., excluding holidays. The DCA will then issue an authorization to the vehicle owner for the towing company to release the Palm Beach County, Florida, Code of Ordinances Page 15 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE vehicle. The vehicle owner is responsible for the payment of all towing and storage charges incurred by the impoundment prior to said release. (g) The owner and /or lien holder of the vehicle may appeal the decision of the division to impound a vehicle and facilitate its release by: (1) Complying with the requirements in subsections (e) and (f) above; or (2) Initiating the appeal and waiting for the decision of the hearing board /special master with the understanding that if the appeal is not successful, additional daily vehicle storage fees shall be assessed by the towing company for which the owner shall be required to pay prior to release of the vehicle. (h) Appeal process. If the vehicle owner disputes the grounds for the vehicle impoundment, he or she may appeal to the consumer affairs hearing board /special master. The owner of an impounded vehicle shall make a request in writing to the division for a hearing within five (5) business days of the vehicle being impounded and pay the non - refundable appeal fee established by resolution of the board. The division shall arrange for the hearing within ten (10) business days or as soon as practicable, after receiving the written request. All interested persons shall be given reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing, and hearsay evidence shall be admissible. After considering all evidence presented, the hearing board /special master shall upon clear and convincing evidence, either uphold the decision of the division to impound the vehicle or determine there was insufficient cause for impoundment. If the hearing board /special master determines there was insufficient cause for the impoundment: (1) The towing fees will be returned to the owner by the division; or (2) The vehicle shall be returned to the owner without any fees being assessed. In such cases, the division shall be responsible for paying the towing company for all charges and fees incurred. (i) If the division's decision to impound is upheld, the hearing board /special master shall order the continued impoundment of the vehicle unless the owner posts a cash bond in the amount of the maximum fines, towing and storage fees or does not admit to the violation but pays the towing and storage fees and any fines. Q) Default hearing. If the owner of the impounded vehicle fails to appear for the appeals hearing specified above, the hearing board /special master shall make a determination pursuant to this section. The division shall inform the owner of the default determination by certified mail, return receipt requested or by personal delivery. The order of the hearing board /special master shall include the provisions of this section. (k) Vehicles not claimed as required by this section will be considered abandoned ten (10) days after impoundment or ten (10) days after service of the order of the hearing board /special master. The towing company which has possession of the vehicle is then authorized to dispose of the vehicle in accordance with F.S. § 713.78, as may be amended. (Ord. No. 08 -043, § 12, 9- 23 -08; Ord. No. 2012 -009, § 5, 5- 15 -12) Sec. 19 -223. Vehicle safety and appearance requirements. (a) The windshield and all side and rear windows shall provide clear visibility and operate according to the manufacturer's specifications. The windshield and all windows shall possess no breakage, cracks or pits that impair visibility or hinder the safety of passengers. All window cranks /power window switches shall be complete, intact and functioning. Windows on vehicles for hire shall not be covered by, or treated with a material which would cause the vehicle to be in violation of F.S. §§ 316.2951- 316.2956, as may be amended. Palm Beach County, Florida, Code of Ordinances Page 16 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (b) All standard manufacturer's interior equipment shall be complete, intact and functioning; including, but not limited to interior lights, dashboard, trim, gear shifts and head rests. Vehicle interiors must not contain loose objects and must be clean, sanitary, and free of broken seats /protruding sharp edges or torn or damaged upholstery, headliner, or floor coverings. The vehicle's interior must be free of offensive odors. The floor board shall be free of rust and holes. Trunks and luggage compartments must be kept clean and free of debris. (c) All doors must have operating handles, which allow opening from both the inside and outside, and door hinges and latches must function properly. Door locks must be operable by passengers at all times. Door seals and gaskets must be intact/operating and prevent water, odor and fumes from entering the vehicle from outside. All door panels must be intact to prevent accidental injuries on door and window mechanisms. (d) Seat belts shall be available for all passengers (according to manufacturer's specifications and state law). Seat belts shall be in operating condition, easily accessible, clean and free of grease and other objectionable substances. (e) All vehicles shall be equipped with a fully functioning heating and air conditioning system which controls the temperature of the inside of the vehicle between 68 and 78 degrees Fahrenheit. The vehicle shall be equipped with a fully functioning windshield defrost or defogging system. (f) All vehicles shall be equipped with a light capable of illuminating the interior of the vehicle, controlled by the operation of the doors, or manually controlled by the driver. (g) The transportation of children shall be in accordance with F.S. § 316.613, as may be amended. (h) Those vehicles and operations, which are subject to the Americans with Disabilities Act (ADA), shall comply with the applicable provisions of said act. (i) The vehicle's body, fenders, doors, trim, grill and paint must be free from cracks, breaks, rust, and body damage that detracts from the overall appearance of the vehicle or could result in harm or injury to the passenger or his /her personal belongings. Q) The vehicle must be equipped with safe tires of the same size. No recaps shall be used. Maximum allowable tread wear shall be where tread is level with the wear bar, or two - thirty- seconds (2/32 inch when measured at three (3) random places in the tire tread. The tires shall be inflated to manufacturer's specifications and free of cuts, cracks, bulges, or exposed belts. Q) The vehicle must be equipped with safe tires of the same size. No recaps shall be used. Maximum allowable tread wear shall be where tread is level with the wear bar, or two - thirty- seconds (2/32 inch when measured at three (3) random places in the tire tread. The tires shall be inflated to manufacturer's specifications and free of cuts, cracks, bulges, or exposed belts. (k) Windshield wipers must be operational according to the manufacturer's specifications. Wiper blades shall be in such a condition as to make firm contact with the windshield when operational, and shall not be torn or worn. (1) Reflectors and lenses shall not be cracked or missing and must be the correct color and properly positioned. (m) Low and high beam headlights, turn signals, brake, tail and reverse lights shall be operable as required by state law. Each vehicle shall have a white light on the vehicle to illuminate the rear license plate so that it is clearly visible. (n) Steering mechanisms shall not be worn or jammed, nor shall there be more than two (2) inches play to the left or right of center, measured at the steering wheel rim with the front wheels in a straight - ahead position. Power steering units shall not have visible signs of fluid leakage. (o) The vehicle suspension shall function as designed by the manufacturer. Palm Beach County, Florida, Code of Ordinances Page 17 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (p) The vehicle shall be equipped with an operating horn with the actuating button mounted in the location designated by the vehicle manufacturer and operated in the manner designed and assembled by the vehicle manufacturer. (q) Each vehicle shall contain an operating parking brake and a primary brake system which acts on all four (4) vehicle wheels. There shall be no visible leaks in the brake line, hoses, wheel cylinders or any part of the brake system and no frayed cables. Brake linings and /or disc pads, when measured at the thinnest point shall not be less than one - sixteenth (1/16) of an inch and firmly attached to the brake shoe or disc. Disc brake rotors and brake drums shall be of a size and type appropriate for the vehicle, with no cracks or other damage which change or impair the functional surface. All primary brake systems shall demonstrate a reasonable total braking force when conducting a rolling stop. (r) There shall be no leakage of exhaust gas from the exhaust manifold, muffler or any other point in the exhaust system as determined through a visual and audible inspection. The tail pipe shall discharge exhaust from the rear of the vehicle according to manufacturer specifications. (s) Belts shall show no signs of excessive wear and be free of cracks and frays. Hoses shall be firm and in good condition, free of leaks and cracks. (t) All fluid levels shall be maintained according to manufacturer's specifications. (u) Vehicles are required to have manufacturer specified spare tires and tire changing equipment, unless all wheels are equipped with a "run flat tire" system. (v) Vehicles must be equipped with functioning speedometer and odometer. (w) Vehicles must receive routine maintenance according to the manufacturer's recommendations pertaining to service intervals. A record of such routine maintenance must be maintained and is subject to inspection by the division. (x) Businesses must assure that each vehicle or driver has a means of communicating to a central dispatch or to emergency agencies with a two -way radio and /or cellular mobile telephone. (y) Failure to comply with the provisions of this section and applicable sections of F.S. ch. 316, as may be amended, may result in denial of a permit(s), revocation or suspension of the permit(s), a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the division by law. (Ord. No. 08 -043, § 13, 9- 23 -08) Sec. 19 -224. Non - medical wheelchair and stretcher transportation service companies operational requirements. (a) Non - permitted transportation. It shall be unlawful to provide the following types of transportation for any person: (1) Requiring intravenous fluid administration while in route. (2) Requiring direct medical attention while in route. (3) Requiring ventilatory assistance. (4) Requiring orthopedic traction during transit. (b) Vehicle design — wheelchair operations. (1) Each vehicle shall have, in addition to the rear - vision mirror required by F.S. ch. 316, an inside rear - vision mirror which will enable the driver to view the entire compartment; Palm Beach County, Florida, Code of Ordinances Page 18 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (2) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain individual passenger conveyance(s) within the passenger compartment of the vehicle; (3) The floor of each vehicle shall be sealed to avoid the seepage of water or moisture; (4) The passenger compartment shall provide a minimum of fifty -five (55) inches of height, measured from the finished floor to the finished ceiling; (5) Vehicles shall not display any ambulance or rescue vehicle emergency lighting or warning devices, nor shall they be painted in a fashion that is similar to or resembles an ambulance or rescue vehicle; (6) Vehicles for hire which are intended to be used for or are used for the transport of individuals in wheelchairs shall be designed and equipped to meet minimum requirements as specified by the state department of transportation for wheelchair lift vehicles (F.A.C. § 14 -90, as may be amended). (c) Vehicle design— stretcher operations. Prior to transportation, a non - medical, wheelchair and stretcher transportation service provider shall be required to obtain from the passenger, who requires transportation by a stretcher a written statement that the person does not need, nor is likely to need, immediate medical attention during transport. This statement must be attached to the corresponding trip manifest. Vehicles for hire which are intended to transport a passenger by stretcher, shall be equipped as follows: (1) Each vehicle shall have crash stable side or center mounting litter fasteners as a means of latching a stretcher to the vehicle. Litter fasteners shall secure the litter to the floor or sidewalks. Where a single passenger may be centered in the passenger area of the vehicle on a wheeled litter, additional attachments (cups and locks) shall be provided. Attachments shall be near flush with the surrounding surface when not in use; (2) At least two (2) strap -type restraining devices shall be provided per stretcher, cot, or litter to prevent longitudinal or transverse dislodgment of the passenger during transit; (3) Each vehicle shall have, in addition to the rear - vision mirror required by F.S. ch. 316, an inside rear - vision mirror which will enable the driver to view the entire passenger compartment; (4) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain individual passenger conveyance(s) within the passenger compartment of the vehicle. Striker plates will be used in conjunction with latching devices; (5) The floor of each vehicle shall be sealed to avoid the seepage of water or moisture; (6) The passenger compartment shall provide a minimum of fifty -five (55) inches of height, measured from the finished floor to the finished ceiling; (7) Vehicles shall not display any ambulance or rescue vehicle emergency lighting or warning devices, nor shall they be painted in a fashion that is similar to or resembles an ambulance or rescue vehicle. (d) Vehicle design— Combination wheelchair /stretcher. Vehicles for hire which are intended to be used for, or are used for the transportation of persons on both a stretcher, or wheelchair shall be subject to all provisions contained above in section 19 -223. Each non - medical wheelchair and stretcher transportation service company shall select and use a uniform specific and consistent color and signage scheme for all vehicles registered to the business. Each company shall submit to the division for approval, upon application, three (3) color photographs, not less than eight (8) inches by ten (10) inches size, showing the entire vehicle, driver's side (assuming passenger side is identical), front and rear of the vehicle which depicts the chosen color scheme, including signage per section 19 -215 of this article. Each non - medical wheelchair and stretcher transportation service vehicle shall Palm Beach County, Florida, Code of Ordinances Page 19 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE operate under a trade name which is distinct from and not substantially similar to any existing vehicle for hire company. (e) Advertising. All advertising or other solicitation for business by such transportation services shall emphasize in a conspicuous manner that the service does not provide ambulance services or medical attention, and the service is designed solely to transport those persons whose physical condition or impairments render it impractical to use a regular common carrier or vehicle for hire service. All such transportation services advertising in the "yellow pages" of the telephone directory or elsewhere may only be listed under the heading of "Wheelchair and Invalid Transportation ". Use of "The Star of Life ", "The Staff of Caduceus ", the term "ambulance ", normal or abnormal EKG patterns, or any other symbol or sign normally associated with medical attention is prohibited in any and all advertising including the design /signage placed on the exterior of vehicles. (f) Those vehicles and operations, which are subject to the Americans with Disabilities Act (ADA), shall comply with the applicable provisions of said Act. (g) All vehicles must be equipped with: (1) A first aid kit containing at a minimum: a hard case; six (6) gauze pads (at least four (4) inches by four (4) inches); one (1) large gauze pads (at least five (5) inches by nine (9) inches); a box of adhesive bandages; one package of gauze roller bandage at least two (2) inches wide; ten (10) sealed antiseptic wipes; scissors; tweezers; adhesive tape and latex gloves. (2) A bodily fluid "spill kit" containing at a minimum: safety gloves; foldable wipes; scoops; hand cleaner; biohazard disposal bags; and absorbent, hazardous waste disposable bags. (3) An all- purpose fire extinguisher (ten (10) lb. ABC). (h) Failure to comply with the provisions of this section may result in denial of a permit(s) /decals, revocation or suspension of the permit(s) /decals, a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the division herein. (Ord. No. 08 -043, § 14, 9- 23 -08; Ord. No. 2012 -009, § 6, 5- 15 -12) Sec. 19 -225. Vehicle inspections. (a) Mechanical /safety inspections. (1) All vehicles for hire that are less than seven (7) years old based on the registration or have not exceeded five hundred thousand (500,000) miles, shall be inspected annually, but not more than 60 days before the application for a business permit is submitted to the division. Vehicles more than seven (7) years old based on the registration, or which have exceeded five hundred thousand (500,000) miles, shall be inspected bi- annually. All vehicles added to the fleet of permitted businesses must meet these inspection requirements. (2) Vehicle inspections shall be performed by an automobile technician or master automobile technician both of which must be certified by the National Institute for Automotive Service Excellence (ASE) who at a minimum has passed the requirements for suspension /steering and /or brakes. a. The ASE certified automobile technician /master automobile technician performing the inspection must utilize a three (3) part inspection form supplied by the division for each vehicle. b. The inspection form must show that the vehicle passed all of the requirements as specified in section 19 -223 Palm Beach County, Florida, Code of Ordinances Page 20 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE c. The technician must provide his /her ASE certification number, the expiration date of his /her certification, the name and license number of the state licensed motor vehicle repair facility where the inspection was performed and his /her signature as verification that all information provided is true and correct. This information must be recorded on the inspection form for each vehicle inspected. (3) It shall be a violation of this article to fail to use a certified technician to inspect vehicles or to submit false inspection forms to the division. The division may verify information and inspection forms submitted by the business. A business which fails or does not follow the requirements of this section is subject to denial, revocation or suspension of its business permit and decals and denial, revocation or suspensions of renewal of same. (b) Signage and visual inspections. (1) The division shall conduct signage and visual inspections of all vehicles required to have exterior signage, taxi roof top lights, and /or taximeters, upon the submittal and completion of all application requirements. Such vehicles for hire shall be inspected by division personnel to verify that vehicles comply with the requirements of this article. Division personnel shall conduct a visual inspection of all vehicles to assure that safety and appearance standards are in compliance with this article. When the vehicle passes inspection, division personnel shall properly affix the required decal to the windshield. (2) The inspection of vehicles shall take place during a designated period of time and at a location designated by the division. It is the responsibility of the vehicle for hire business to make vehicles available during the designated period of time and at the designated location. (3) The division will provide written notification (fax or electronic notification acceptable) to the vehicle for hire company of the time and location where inspections will be conducted. (4) If the business fails to appear for inspection, during the designated inspection period established by the division, a rescheduling fee must be paid to the division prior to rescheduling. The non - refundable rescheduling fee shall be established by resolution of the board. Failure to reschedule within five (5) business days shall be a violation of this article and may result in the denial /revocation of the permit. If a business cancels or fails to present the vehicle(s) for the re- scheduled inspection, the business shall pay a fee that is double the regular rescheduling fee as established by resolution of the board. (5) Vehicles acquired by a business after submitting the annual business permit application cannot be substituted for vehicles previously scheduled for inspection, unless the business provides all required vehicle documentation at least ten (10) business days before the designated inspection time established by the division. (6) If a vehicle inspection reveals deficiencies (fails) and a reinspection is required, then the failed vehicle(s) are to be brought to the division's designated reinspection site within five (5) business days by appointment. If the vehicle is not reinspected within five (5) business days, then a failed vehicle reinspection fee as established by resolution of the board shall be paid to the division. (7) Vehicles that have failed an inspection shall be red - tagged by the division. A red -tag "out of service" decal will be applied to the vehicle by a division employee and the vehicle shall not be used for any business purposes until such time as the vehicle is brought to the division, inspected and approved for operation. Only division employees may remove the red -tag decal. (8) It is a violation of this article to fail to abide by the provisions of this section and to fail to have vehicles inspected. (c) The division has the right to conduct field inspections of all vehicles for hire, at any time. It is a violation for any vehicle to fail to meet the mechanical, safety and signage requirements, of this article. DCA personnel may issue a citation or written warning and may apply a "red tag" decal to any Palm Beach County, Florida, Code of Ordinances Page 21 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE vehicle found not meeting these requirements. The "red tag" will be used for significant safety deficiencies (including but not limited to the following subparagraphs from sections 2 -223: (a), (c), (d), (e), Q), (k), (1), (m), and (r)). The "red tag" must remain on the vehicle until noted deficiencies have been corrected and verified by DCA personnel. Only DCA employees may remove the "red tag" decal. (Ord. No. 08 -043, § 15, 9- 23 -08; Ord. No. 2012 -009, § 7, 5- 15 -12) Sec. 19 -226. Commercial automobile liability insurance. (a) It shall be unlawful for any vehicle for hire company to operate and transport passengers for compensation until that company has filed with the division and maintains in effect for each vehicle a certificate of insurance which shall insure such vehicle for commercial automobile liability insurance for passenger transportation and shall meet or exceed minimum insurance limits as established by resolution of the board. (b) All insurance policies required shall be issued by insurance companies licensed and admitted to write commercial automobile liability insurance in the state. No policy shall be accepted which is less than a six -month duration. Each policy shall be endorsed to provide for at least thirty (30) days' written notice to the division of any non - renewal of the policy or at least ten (10) days' written notice to the division of any cancellation /non - payment of the policy. Evidence of the renewal of the policy shall be filed with the Division prior to such policy's expiration date. Failure to file such evidence of insurance, or failure to have same in full force and effect, may result in denial of a permit(s), revocation or suspension of the permit(s), a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction charge or other such remedies available to the division herein. (c) Each certificate of insurance shall be submitted to the division directly from the insurer (or a duly authorized agent) and said certificate shall include a list of insured vehicles owned by the company, as well as a list of the drivers approved by the insurance company for operation of the vehicles listed on the certificate. The business shall provide the insurance company, as well as the division, with an updated and complete list of drivers and /or vehicles in the event said drivers or vehicles change throughout the licensing year. A new certificate of insurance shall be submitted to the division directly from the insurer (or a duly authorized agent) no later than thirty (30) business days after said change has been made. For vehicles not owned by the business, the division shall receive directly from the insurer (or a duly authorized agent), a copy of the certificate of insurance for said vehicle(s), identifying the owner and the corresponding driver(s) of said vehicle(s) and the name of the associated company, as proof that all have proper commercial automobile liability insurance for passenger transportation that meets or exceeds the minimum insurance limits as established by resolution of the board. It is a violation of this article to fail to abide by these requirements. (d) A properly completed certificate of insurance evidencing all insurance coverages shall be made available to the division upon application for a business permit. Each vehicle must be listed on the certificate(s) by its year, make and vehicle identification number. Certificates of insurance must contain the following name and address as certificate holder and additional insured: Board of County Commissioners of Palm Beach County c/o Division of Consumer Affairs 50 South Military Trail, Suite 201 West Palm Beach, FL 33415 (e) The division may deny, suspend or revoke the business permit of any vehicle for hire company for failure to obtain or maintain insurance as required by this article. Any company which submits false or fraudulent insurance documents shall be subject to immediate denial or revocation. Such companies shall not be eligible to reapply for a business permit for five (5) years. The DCA shall Palm Beach County, Florida, Code of Ordinances Page 22 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE notify the state department of financial services /division of insurance fraud for follow -up investigation and review. Upon denial, suspension or revocation of the business permit, the vehicle for hire company shall be entitled to an appeal according to the provisions in section 19 -229 (f) The division shall suspend the business permit of any vehicle for hire company which fails to ensure that each and every vehicle associated with the company has: (1) A current certificate of insurance provided to the DCA by the authorized agent or insurance company no later than the date of expiration of its previous policy, or (2) A reinstatement notice provided to the DCA no later than the date of cancellation of said policy. (g) Any vehicle for hire company which has had its business permit suspended more than three (3) times in any twelve -month period (as provided for in subsection (f) above) may have such permit revoked for a period of one (1) year. (h) An "administrative insurance reactivation" fee established by resolution of the board, shall be assessed all vehicle for hire companies that are suspended pursuant to subparagraph (f) above. The suspension shall not be withdrawn until the fee is paid to the division. (Ord. No. 08 -043, § 16, 9- 23 -08; Ord. No. 2013 -007, § 6, 4- 16 -13) Sec. 19 -227. Driver requirements; failure to comply. (a) It shall be unlawful for any person to operate any vehicle for hire within and upon the streets of the county without a county vehicle for hire driver's identification badge (driver's I.D. badge) issued by the division. All applicants for a vehicle for hire driver's I.D. badge shall conform to the following: (1) Be at least twenty -one (21) years of age; (2) Possess a valid State of Florida driver's license as required by the state department of highway safety and motor vehicles and must show proof that he /she has possessed a valid driver's license from any state within the United States for three (3) years prior to applying for a driver's I.D. badge. If a person has not driven for three (3) years in the United States, he /she must obtain the driving record from any other jurisdictions where he /she did drive or if he /she is unable to obtain the driving record, must sign an affidavit under penalty of perjury that he /she has no driving record which would prevent him /her from driving a vehicle in the county; (3) Provide the original form of his /her lifetime state department of highway safety and motor vehicles traffic /driving record report to the division which was secured no more than thirty (30) days before the application /renewal was submitted. Upon initial application, if a driver has resided in Florida less than five (5) consecutive years, a traffic /driving record /history from each state where he /she previously resided must be provided for at least a five -year period; (4) Not have more than three (3) or more separate incidents involving moving violations in any twelve -month period in the previous three (3) years prior to the initial application or renewal of a driver's I.D. Badge in which the applicant plead guilty or was found guilty or have accumulated more than twelve (12) points within a twelve -month period, eighteen (18) points within an eighteen -month period, or twenty -four (24) points within a thirty- six -month period for driving infractions; (5) Not have been classified as a habitual traffic offender (as defined by state statutes) or as defined by the state where he /she previously resided within five (5) years of applying for a driver's I.D. badge and was not previously issued a driver's I.D. badge by the division; (6) Upon initial application or renewal, the driver must provide the original request form for his /her Florida Department of Law Enforcement (FDLE) criminal history /records report to the division, as well as payment for the amount required to secure the criminal history /records report. The Palm Beach County, Florida, Code of Ordinances Page 23 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE division shall then be responsible for processing the request and payment to the FDLE. The division may conduct additional criminal history /records reports of other states /jurisdictions as deemed appropriate. The division may require an applicant to submit to a finger print analysis if there is a question of identity; (7) Have no conviction within the preceding five (5) years from the date of application for any offense related to driving a motor vehicle under the influence or while intoxicated; (8) Have not more than one (1) conviction within the preceding ten (10) years from the date of application for any offense related to driving a motor vehicle under the influence or while intoxicated; (9) Have no more than two (2) traffic citations resulting from accidents in the three (3) years preceding the date of the current permit year wherein the driver has been found guilty; (10) Have no conviction for any first - degree misdemeanor offense relating to or threatening the public safety as determined by the board, or have been released from incarceration for such misdemeanor conviction (whichever is later), within three (3) years before the date of application for a vehicle for hire driver I.D. badge. Said misdemeanor offenses include, but are not limited to, the following: stalking, battery, driving while license is suspended or revoked, carrying a concealed weapon, reckless driving which causes damage to property, racing on highway, criminal possession of a controlled substance /paraphernalia, resisting arrest without violence, or obscenity (selling /distributing sexual material to minor); (11) Have no conviction for a felony offense, relating to or threatening the public safety as determined by the board, or have been released from incarceration for such felony conviction (unless proof is shown that the applicant's civil rights have been restored) (whichever is later), within five (5) years before the date of application for a vehicle for hire driver I.D. badge. Said felonies relating to, or threatening the public safety shall include, but are not limited to, the following: battery, carrying a concealed weapon, discharging a firearm in public, robbery (not armed), burglary (not first degree), criminal sale of a controlled substance, criminal possession of controlled substance /paraphernalia, obscenity (selling /distributing sexual material to a minor or exchanging computer pornography with a minor), a habitual felony offender, aggravated assault, child abuse /neglect, reckless driving with serious bodily injury, fleeing /attempting to elude a law enforcement officer, aggravated fleeing or eluding a law enforcement officer causing serious body injury, luring or enticing a child under twelve (12) (second conviction), resisting an officer with violence, procuring a person under eighteen (18) for prostitution, selling or buying minors for sex trafficking /prostitution, forcing /compelling /coercing a person for prostitution, or abuse /aggravated abuse /neglect of an elderly person or a disabled adult. The division may require applicants to provide the final disposition for felony criminal cases on background checks received by the division from any source. Failure to provide the disposition of such cases shall result in the denial of a driver's I.D. badge; (12) Have no conviction of any of the following offenses determined by the board to be necessary for the protection of public safety (unless proof is shown that the applicant's civil rights have been restored): a. Murder, attempted murder, attempted felony murder, manslaughter, (F.S. ch. 782); b. DUI manslaughter (F.S. § 316.193(3)); c. Sexual battery, attempted sexual battery (F.S. § 794.011); Lewd or lascivious battery, attempted lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition (F.S. ch. 800); Palm Beach County, Florida, Code of Ordinances Page 24 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE e. Lewd or lascivious offense upon or in the presence or an elderly or disabled person, attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person (F.S. § 825.1025); f. Promote sexual performance by a child, attempted sexual performance by a child (F.S. § 827.071); g. Aggravated child abuse (F.S. § 827.03); h. Failure to register as a sexual predator (F.S. ch. 775) or sexual offender (F.S. § 943.0435); i. Computer pornography, transmission of computer pornography, buying or selling of minors (F.S. ch. 847); j. Kidnapping, attempted kidnapping, false imprisonment, or luring and enticing a child (F.S. ch. 787); k. Exposure of sexual organs (F.S. § 800.03); I. Aggravated battery, attempted aggravated battery (F.S. ch. 784); m. Armed robbery, attempted armed robbery, carjacking, attempted carjacking, home invasion, attempted home invasion (F.S. ch. 812); n. Poisoning of food or water (F.S. § 859.01); o. First degree burglary or attempted first degree burglary (F.S. § 810.02); p. Arson or attempted arson (F.S. § 806.01); q. Aggravated stalking (F.S. § 784.048); r. Aggravated battery or aggravated assault on a law enforcement officer or other specified officer (F.S. § 784.07); s. Aircraft piracy (F.S. § 860.16); t. Unlawful throwing, projecting, placing, or discharging of any destructive device or bomb or attempting to do so (F.S. § 790.161); u. Facilitating or furthering terrorism (F.S. § 775.31); v. Treason (F.S. § 876.32); w. Any offense committed in another jurisdiction that would be an offense listed in this paragraph if that offense had been committed in the State of Florida. (13) In addition, the person has not been declared to be one of the following: a. A habitual violent felony offender under F.S. 775.084(1)(b); b. A Three -time violent felony offender under F.S. 775.084(1)(c); c. A violent career criminal under F.S. 775.084; d. A prison releasee reoffender under F.S. § 775.082(9)(a); e. A sexual predator under F.S. § 775.21; (14) All vehicle for hire drivers with current driver I.D. badges are required to notify the division within ten (10) business days upon being convicted of any crime; (15) Applicants shall have no unsatisfied civil penalties, judgments or administrative orders pertaining to this article; Palm Beach County, Florida, Code of Ordinances Page 25 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (16) Every application or renewal application for a driver's I.D. badge and application for amendment of a driver's I.D. badge, shall be in writing and signed by the applicant and shall be filed with the county division of consumer affairs on a form provided by the division together with the nonrefundable driver's I.D. badge fees which shall not be subject to proration; Each driver's I.D. badge shall be valid for a two -year period and shall be renewed every other year from the date of the initial /renewal application. The division may deny or revoke a vehicle for hire driver's I.D. badge if it is determined that the applicant has misrepresented, omitted, or concealed a fact on the application, renewal application or replacement application. If the driver's I.D. badge is denied, the division shall not accept an application for said driver's I.D. badge for one (1) year from the date the badge is denied, unless there is less than one (1) year to satisfy the time restrictions in paragraph (a) above related to the following subparagraphs: (4), (5), (7), (8), (9), (10), or (11). In such situations, the applicant will be permitted to reapply for a driver's I.D. badge after the time requirements have been satisfied. If the driver's I.D. badge is revoked, the division shall not accept an application for said driver's I.D. badge for one (1) year from the date the badge is revoked. Any person renewing a driver's I.D. badge must file a renewal application, furnish the documentation requested by the division, and submit payment for the required nonrefundable renewal fee(s) not more than ninety (90) days before the expiration date of a driver's I.D. badge. Persons who fail to reapply for their driver's I.D. badge thirty (30) days prior to expiration, risk having a gap in their authorization to drive a for -hire vehicle. Persons who fail to submit their renewal application, required documentation and fees by the expiration date of the driver's I.D. badge must pay a nonrefundable late fee, over and above the driver's renewal fee. Any applicant who fails to submit a renewal application within one (1) year of the expiration of a current badge will be considered a new applicant when reapplying and no grandfathered provisions will apply. Said fees shall be established by resolution of the board; (17) Submit to photographing (full face exposure /without sunglasses or head coverings) prior to the issuance of the permit/I.D. badge by the division; (18) Complete the driver's I.D. badge registration affidavits provided by the division; (19) Not possess a suspended or revoked driver's license as a result of a moving violation or have any outstanding and unsatisfied civil penalties, citations or judgments imposed due to violations of this article; (20) Not violate the terms of a cease and desist order, assurance of voluntary compliance, notice to correct a violation or any other lawful order of the director; (21) Not be enjoined by a court of competent jurisdiction from engaging in the vehicle for hire business or was enjoined by a court of competent jurisdiction with respect to any of the requirements of this article; (22) Have no conviction in any military or foreign jurisdiction, federal, state, county or municipal jurisdiction within the United States for violations analogous or parallel to those violations enumerated in all sections herein; (23) Not be found by the division to have a lack of reputability as provided herein. For the purposes of this article, lack of reputability shall mean that the division cannot trust the applicant to safeguard the welfare and property of the public. Acts constituting a lack of reputability shall include, but are not limited to, responding to a call while under the influence of alcohol or any controlled substance to the extent where normal faculties are impaired, the unexplained removal of personal property from a vehicle for hire not belonging to the driver, outstanding arrest warrants for the driver applicant, falsification of information in the vehicle for hire application process, or other facts and circumstances that lead the division to believe the applicant's reputation in the community cannot be trusted. Palm Beach County, Florida, Code of Ordinances Page 26 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (b) The driver of a vehicle for hire shall conspicuously display on the driver's person through the use of a neck lanyard, or above the waist on the outermost garment, the driver's I.D. badge issued pursuant to this article so that it is visible and available for inspection to the public, division personnel and all law enforcement officials while engaged and on duty for a vehicle for hire business. (c) Each driver's I.D. badge shall be developed by the division. Each driver's I.D. badge shall, at a minimum, contain the name of the driver, date of expiration, photo of the driver, name of the company(s), and such additional terms, conditions, provisions and limitations as were imposed during the approval process. Drivers are required to submit a notarized affidavit signed by each permitted vehicle for hire company with whom s /he is driving. The affidavit (on a form prepared by the division) shall also include a statement by the business owner that the driver is eligible to be insured under the company's insurance policy. When a driver is no longer driving for a vehicle for hire company, the driver is required to notify the division within ten (10) business days. Failure to follow these requirements shall be a violation of this article. (d) The division may issue a replacement I.D. badge to any driver upon application, payment of a nonrefundable replacement fee, presentation of proof or a sworn affidavit that the I.D. badge has been lost, stolen, change of company, or for any other valid reason, and any other documentation or requirement requested by the division. The replacement fee shall be established by resolution of the board. (e) It shall be unlawful for any person to drive a vehicle for hire unless such person has a valid vehicle for hire driver's I.D. badge issued pursuant to this section. (f) It shall be unlawful for any person to drive a vehicle for any vehicle for hire company which has not been granted a business permit pursuant to section 19 -218 of this article. (g) It shall be unlawful for any applicant for a vehicle for hire driver's I.D. badge to misrepresent, omit or conceal a fact on the application, renewal application or replacement application. (h) Upon submission of the application, the division shall provide the driver with a receipt. No applicant shall be permitted to drive a vehicle for hire in the county until the Division has issued to him /her a driver's I.D. badge. The division shall provide the driver's I.D. badge within ten (10) business days following the submittal of the application and all required documents. In the event the official criminal background records furnished to the division are insufficient and additional information is necessary, the division shall be permitted an additional twenty (20) business days to issue the driver's I.D. badge. (i) No driver shall operate one (1) or more vehicles for hire for more than twelve (12) cumulative hours of driving within any twenty- four -hour period as supported by a required vehicle trip manifest prepared by the driver and maintained by the vehicle for hire company. Q) Drivers are required to provide a smoke free environment inside the vehicle at all times. (k) Beginning on June 1, 2013, in addition to maintaining hygienically clean, well groomed and neat appearance, drivers must wear a collared shirt, long pants or a knee length skirt, and closed shoes. (1) Passengers shall be offered a receipt for the fare collected. (m) Drivers shall not use abusive language or be discourteous to passengers or division personnel. (n) Drivers must be able speak and understand English to the extent they can take instruction from passengers and complete trip manifests and incident /accident reports. (o) Upon initial application for a driver's I.D. badge, the division or designated agency shall examine each applicant and, at a minimum, determine the applicant's knowledge of county geography and his /her ability to understand the English language. A driver is only required to successfully complete the examination one (1) time. A driver /applicant which initially fails either the geography or English test may retake the test within thirty (30) days at no additional charge. If a driver /applicant fails either Palm Beach County, Florida, Code of Ordinances Page 27 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE requirement during the retest, that person will be denied his /her I.D. badge, but may reapply and repay all applicable fees at anytime. (p) Vehicle for hire drivers shall cooperate fully at all times with the division in the furnishing of information required in connection with requests for proof of driver's license, vehicle insurance and /or driver's I.D. badge, during the process of applying to renew a driver's I.D. badge, and during investigations of consumer complaints. Further, vehicle for hire drivers shall not obstruct, hamper or interfere with an investigation of violations of this article conducted by division personnel, any law enforcement officer or employee of any other agency enforcing this article. At no time shall a vehicle for hire driver use abusive language or display discourteous, hostile, aggressive or other inappropriate behavior toward passengers, other vehicle for hire drivers, vehicle for hire business owners or their representatives, division personnel, law enforcement officers or any agency authorized to enforce this article. (q) All vehicle for hire drivers who own or lease the vehicle(s) they drive, shall remove and surrender to the division the vehicle decal and driver's I.D. badge within ten (10) business days after he /she is no longer driving for that particular vehicle for hire business. Such owner /driver must also remove all vehicle signage and top lights within ten (10) business days after he /she is no longer driving for the vehicle for hire business. (r) Exemptions: Any person who possessed a valid driver's I.D. badge on the effective date of this article shall be exempt from any new requirements of section 19 -277, subsections (a)(1) —(8), (10)- (13) and (23). However, such persons would be ineligible to receive a driver's I.D. badge and the driver's I.D. badge would be revoked if he /she is convicted of new offenses as described in this article. (s) Failure to comply with the provisions of this section may result in the division denying an I.D. badge, revoking or suspending the driver's I.D. badge, denying a renewal of such driver's I.D. badge, issuing a civil citation, a misdemeanor conviction or other such remedies available to the division herein. (Ord. No. 08 -043, § 17, 9- 23 -08; Ord. No. 2011 -040, § 5, 12- 20 -11; Ord. 1,4u. 2012 -009, § 8, 5- 15 -12; Ord. No. 2013 -003, § 2, 2 -5 -13; Ord. No. 2013 -007, § 7, 4- 16 -13) Sec. 19 -228. Fraudulent transfer of vehicle for hire company. (a) A transfer of a vehicle for hire company to a successor company shall be deemed a fraudulent transfer if said transfer is made by the vehicle for hire company for the purpose of evading permit fees and /or civil penalties issued pursuant to this article. In determining intent to defraud, consideration may be given among other factors to, whether: (1) The transfer was to an insider; (2) The vehicle for hire company retained possession or control of the property transferred after the transfer; (3) The transfer was disclosed or concealed; (4) Before the transfer was made or obligation was incurred, the vehicle for hire company had been sued or threatened with suit; (5) The transfer was of substantially all the vehicle for hire company's assets; (6) The value of the consideration received by the vehicle for hire company was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (7) The vehicle for hire company was insolvent or become insolvent shortly after the transfer was made or the obligation was incurred; Palm Beach County, Florida, Code of Ordinances Page 28 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (8) The transfer occurred shortly before or shortly after substantial permit fees or civil penalties were incurred; and (9) The vehicle for hire company transferred the essential assets of the business to a lienor who transferred the assets to an insider of the vehicle for hire company. (b) It shall be a violation of this article for a vehicle for hire company to fraudulently transfer a vehicle for hire company. (Ord. No. 08 -043, § 1 b, 9- 23 -uo) Sec. 19 -229. Revocation, suspension and denial of permits /I.D. badges; administrative appeal. (a) The division is authorized to deny, suspend or revoke business permit /driver's I.D. badges, upon written notice. Suspensions shall not be more than six (6) months. Companies /drivers not resolving issues related to suspensions within the six -month suspension period will be subject to permit/I.D. badge revocation. Said notice of business permit/I.D. badge denial, suspension or revocation shall be by personal service (to the owner, driver or representative), by certified mail (return receipt requested) or posting in a conspicuous place at the place of business or home of the driver. (b) Upon receipt of the notice of denial, revocation, or suspension of a business permit/I.D. badge, which notice shall specify the grounds for the denial, suspension or revocation, the vehicle for hire company, person or driver shall be entitled to an appeal according to the following: (1) Administrative appeal: Any vehicle for hire company, person or driver which has had a business permit /driver's I.D. badge denied, revoked, or suspended by the division, may appeal such decision to the consumer affairs hearing board /special master within twenty (20) days of receipt of the decision. A non - refundable filing fee must accompany the written request for appeal. The business, person, driver or attorney shall file a written notice of appeal signed by the business officer /owner, driver or attorney requesting a hearing and setting forth a brief statement of the reasons thereof. The filing fee shall be established by resolution of the board. The appeal shall be reviewed at a hearing of the consumer affairs hearing board /special master within sixty (60) days of receipt by the division of the notice of appeal. The vehicle for hire business /person /driver may be represented by an attorney and shall be entitled to present a defense. (2) Orders: At the conclusion of any hearing set forth in this section, the consumer affairs hearing board /special master shall orally render its decision (order) based on evidence entered into the record. The decision shall be by motion approved by the affirmative vote of those members present and voting. The decision shall be stated in a written order and mailed to the vehicle for hire company /driver not later than ten (10) days after the hearing, and shall be deemed final agency action with regard to the matter appealed. (3) Court appeal: Any person may appeal a final determination of the consumer affairs hearing board /special master within thirty (30) days of the rendition of the decision by filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for the county. (4) For purposes of appeal, the FDLE criminal history /records reports and the state department of highway safety and motor vehicles traffic /driving record report shall be deemed prima facie evidence and admitted into evidence before the consumer affairs hearing board /special master. (c) All hearings and appeals shall be scheduled and determined as promptly as practicable and in no event more than sixty (60) days from the date the written notice of appeal was filed. Written notice of the time, date, and place of the hearing of the appeal shall be served upon the appellant no later than twenty (20) days prior to the date of the hearing. Said notice of hearing, shall be by personal Palm Beach County, Florida, Code of Ordinances Page 29 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE service, certified mail or posting in a conspicuous place at the place of business or home of the driver or person. Failure of the business to respond within the time frames specified herein or failure to appear at a duly noticed hearing shall be deemed a waiver of the right to hearing and an admission of the acts specified in the notice. (d) The consumer affairs hearing board /special master shall consider the evidence and documentation as well as the statement offered by any interested party and shall consider the matter de novo and shall, upon the basis of the evidence before it, affirm, modify or reverse the decision of the director. (e) If the consumer affairs hearing board /special master affirms the decision of the director to deny, suspend or revoke a business permit/driver's I.D. badge, the denial, suspension or revocation shall be effective from the date of the consumer affairs hearing board's /special master's written order. All decisions of the consumer affairs hearing board /special master shall constitute final agency action for purposes of further appeal. (f) Suspension of the business permit/driver's I.D. badge: If, at the conclusion of the hearing, the consumer affairs hearing board /special master decides to suspend the business permit /driver's I.D. badge, a time certain shall be set as the period of suspension. Prior to the end of such time certain, those violations for which the suspension was imposed shall be corrected; otherwise, the suspended permit(s) shall be automatically revoked. A fee of fifty (50) percent of the business permit /driver's I.D. badge fee shall be collected to reinstate the suspended permit(s) /driver's I.D. badge. (g) Revocation of business permit/driver's I.D. badge: If, at the conclusion of the permit/driver's I.D. badge, the business /driver shall return the business permit and /or the driver's I.D. badge and remove and return all vehicle decals to the division. A vehicle for hire company or driver whose business permit /driver's I.D. badge has been revoked, shall not be eligible to reapply as a new applicant for a period of one (1) year from the date of revocation. (h) If the consumer affairs hearing board /special master reverses the decision of the director, the director shall issue or restore the business permit /driver's I.D. badge. (i) When the operating permit of a vehicle for hire company has been denied, suspended or revoked, all vehicle for hire services shall immediately cease. Q) In the event a written notice of appeal and accompanying filing fees are not submitted within the times frames outlined in this article, the decision of the director shall prevail. (k) Administrative appeal— Insurance. When an operating permit has been suspended or revoked for failure of the vehicle for hire business to obtain or maintain required commercial liability insurance and the business wishes to appeal the suspension /revocation, the vehicle for hire company may appeal such decision to the consumer affairs hearing board /special master within five (5) days of receipt of the decision. The appeal shall be heard by the consumer affairs hearing board /special master within ten (10) days of receipt of the written appeal. A non - refundable filing fee must accompany the written request for appeal. The filing fee shall be established by resolution of the board. (1) Effect of appeal: An appeal of the decision of the director to suspend or revoke a business permit /driver's I.D. badge shall stay the effective date of the suspension or revocation. A stay does not apply to a revocation or suspension of a business which failed to maintain commercial liability insurance as required by section 19 -226 (m) Hearing procedures. Notwithstanding section 11 A of Palm Beach County Consumer Affairs Ordinance 77 -10 (as may be amended from time to time), the consumer affairs hearing board /special master shall give due regard to competent, reliable and technical evidence which will aid the consumer affairs hearing board /special master in making a fair determination of the matter, regardless of the existence of any common law or statutory rule which might otherwise make improper the admission of such evidence. All parties shall have an opportunity to present evidence Palm Beach County, Florida, Code of Ordinances Page 30 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE and argument on all issues involved, to conduct cross examination and submit rebuttal evidence, and to be represented by counsel. When appropriate, the general public may be given an opportunity to present oral or written communications. The consumer affairs hearing board /special master may consider any evidence, including evidence of the general reputation of the petitioner. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or unduly repetitious evidence may be excluded but all the other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, (including hearsay) whether or not such evidence would be admissible in a trial in the courts of the state. Orders of the consumer affairs hearing board /special master shall be based on competent and substantial evidence. The petitioner shall have the burden of proof by a preponderance of the evidence. (Ord. No. 08 -043, § 19, 9- 23 -08; Ord. No. 2012 -009, § 9, 5- 15 -12) Sec. 19 -230. Enforcement. (1) It shall be the duty of the consumer affairs division to enforce the provisions of and initiate proceedings for violations of the vehicle for hire ordinance. (2) The consumer affairs hearing board /special master as provided for in Chapter 9, Article I, of this Code, as may be amended or replaced, shall have jurisdiction over all violations of this article. The consumer affairs hearing board /special master may conduct hearings regarding violations of the vehicle for hire ordinance in accordance with the procedures provided for herein. (3) Whenever, based upon personal investigation and in accordance with the policies and procedures established by the consumer affairs division, the investigator has reasonable and probable grounds to believe that a person has committed a violation of the vehicle for hire ordinance, the officer may issue a citation to the violator which shall include the following information: (a) Date and time of issuance. (b) Name and address of person to whom the citation is issued. (c) Time and date of violation. (d) A brief description of the violation and the facts constituting reasonable cause. (e) The name of the investigator. (f) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (g) The applicable civil penalty if the person elects not to contest the citation. (4) The maximum civil penalty which may be levied by citation shall not exceed five hundred dollars ($500.00) per day, per violation. Moneys collected in payment for citations shall be remitted to the consumer affairs division to support the vehicle for hire program. (5) The act for which the citation is issued shall cease upon receipt of the citation, and the person charged with the violation shall elect either to correct the violation and pay the civil penalty in the manner indicated on the citation or, within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the consumer affairs hearing board /special master to appeal the issuance of the citation by the investigator. If the hearing date is not set forth in the citation, a notice of hearing shall be served on the violator as provided in subsection (11) below. Failure of the violator to appeal the decision of the investigator within the timeframe as set forth herein shall constitute a waiver of the violator's right to an administrative Palm Beach County, Florida, Code of Ordinances Page 31 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE hearing. A waiver of the right to an administrative hearing shall be deemed an admission of the violation, and penalties may be imposed accordingly. (6) Upon written notification by the investigator that a respondent has not contested the citation or paid the penalty within the time allowed on the citation, or if a violation has not been corrected within the time set forth on the citation, the consumer affairs hearing board /special master shall enter an order ordering the violator to pay the civil penalty set forth on the citation. A hearing shall not be necessary for the issuance of such an order. The order shall include a notice, if applicable, that fine(s) were imposed. (7) Upon appeal of a citation, or at such other times as may be necessary, a hearing before the consumer affairs hearing board may be convened. The following shall apply: (a) Minutes shall be kept of all hearings and all hearings shall be open to the public. (b) At the hearing, the burden of proof shall be upon the county to show by a preponderance of the evidence that a violation does exist. Where proper notice of the hearing has been provided to the violator as provided herein, a hearing may proceed even in the absence of the violator. (c) The formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern the proceedings. Upon determination by the chair of the consumer affairs hearing board or special master, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. (d) Any member of the consumer affairs hearing board /special master, the attorney representing the consumer affairs hearing board, the respondent and his /her attorney may inquire or question any witness present at the hearing. The violator or his /her attorney shall be allowed to cross - examine all witnesses present at the hearing and present testimony and evidence. (e) At the conclusion of the hearing, the consumer affairs hearing board /special Master shall orally render an order based on evidence into the record. In the case of hearings before the consumer affairs hearing board, the decision shall be by motion approved by the affirmative vote of those persons present and voting. An order setting forth findings of fact and conclusions of law shall then be mailed to the violator within ten (10) days of the hearing. (f) If the consumer affairs hearing board /special master finds that a violation exists, the consumer affairs hearing board /special master may order a civil penalty of no more than five hundred dollars ($500.00). Each permit /I.D. badge not in compliance and each day in which a violation of this article exists shall constitute a separate offense. (8) A certified copy of an order imposing a civil penalty against the violator may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriff of the state, including a levy against personal property. The order shall not be deemed a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose the lien, whichever occurs first. After three (3) months, from filing of any such lien which remains unpaid, the consumer affairs hearing board /special master may authorize the local governing body's attorney to foreclose the lien. No lien created pursuant to this article may be foreclosed on real property which is homestead, under Section 4, Article X of the Florida Constitution. (9) If the violator or his designated representative proves at the administrative hearing that the citation is invalid or that the violation has been corrected prior to appearing before the consumer affairs hearing Palm Beach County, Florida, Code of Ordinances Page 32 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE board /special master, the consumer affairs hearing board /special master may reduce the fine or dismiss the violation, unless the violation is irreparable or irreversible. (10) An aggrieved party, including the governing body, may appeal a final administrative order of the consumer affairs hearing board /special master to the circuit court by petition for writ of certiorari. (11) Proper notice of hearing is given where notice has been mailed to the violator by certified mail, return receipt requested, by hand delivery by the sheriff or other law enforcement entity, by leaving the notice at the violator's usual place of residence with some person in the family above fifteen (15) years of age and informing said person of the contents of the notice; or where an investigator, under oath, testifies that he /she did hand deliver the citation to the violator which included a hearing date. (12) Notwithstanding the consumer affairs hearing board /special master process set forth above, the county shall take any other appropriate legal action, including, but not limited to, administrative action, enforcement through an alternative code enforcement ordinance pursuant to F.S. ch. 162, pts. I and II, and requests for temporary and permanent injunctions to enforce the provisions of this article. It is the purpose of this article to provide additional cumulative remedies. (Ord. No. 08 -043, § 20, 9- 23 -08; Ord. No. 2011 -040, § 6, 12- 20 -11) Sec. 19 -231. Violations. (a) False statements on applications. It shall be unlawful for any person to knowingly and intentionally make or cause to be made any false statement in writing or the omission of material information for the purpose of procuring a vehicle for hire permit, vehicle decal or driver's I.D. badge or to knowingly and intentionally make any false statements or entries or material omissions on the records required to be kept by this article. (b) Failure to comply with the provisions of this section may result in the division denying a permit(s) /driver's I.D. badge, revoking or suspending the permit(s) /driver's I.D. badge, denying the renewal of such permits, issuing a civil citation, a misdemeanor conviction or other such remedies available to the division herein. (Ord. No. 08 -043, § 21, 9- 23 -08) Sec. 19 -232. Appeals. Any person may appeal a final determination of the consumer affairs hearing board /special master within thirty (30) days of the rendition of the decision by filing a notice of administrative appeal in the Circuit Court of the Fifteenth Judicial Circuit in and for the county. (Ord. No. 08 -043, § 22, 9- 23 -08) Sec. 19 -233. Fees. All fees required by this article and established by resolution are non - refundable and shall be deposited in a separate county account and used exclusively to accomplish the purposes of this article. (Ord. No. 08 -043, § 23, 9- 23 -08) Sec. 19 -234. Penalties. Any person convicted of violating any portion of this article shall be punished as provided by law. Palm Beach County, Florida, Code of Ordinances Page 33 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (Ord. No. 08 -043, § 24, 9- 23 -08) Sec. 19 -235. Start -up. (a) Renewal of existing permitted vehicle for hire companies and vehicle decals shall become effective March 1, 2009. Renewal applications for the licensing period which begins March 1, 2009 must be submitted to the division by December 31, 2008. Late fees for renewal applications will apply as of January 1, 2009. Enforcement of all other sections of the article, unless excluded in this section, shall become effective upon the effective date of this article. (b) Vehicles being used and decaled prior to the effective date of this article must comply with the trade name, color scheme and signage requirements when permit applications or renewals are submitted for the permit year which begins May 1, 2014. (c) After March 1, 2009 new vehicles added to the fleet of existing permitted companies or newly permitted companies will be subject to all requirements of this article. (d) The mechanical /safety inspection requirements of section 19 -225 shall not be required until application renewals are submitted for the permit year which begins January 1, 2010. After March 1, 2009 all new or replacement vehicles added to existing fleets of currently permitted companies or from newly permitted companies shall be required to meet the mechanical /safety inspection requirements. (e) Beginning on June 1, 2016, all existing taxicab companies licensed in Palm Beach County will be required to accept as a method of payment for the fare (in addition to cash or other forms of payment acceptable to the company), a bank debit card or credit card, including, but not limited to, Mastercard, Visa, and Discover, without additional charge or premium. (f) Beginning on June 1, 2013, any new taxicab or van /shuttle companies with seven (7) or more vehicles, shall have at least one (1) handicap accessible vehicle available, and the rates and fees shall not differ from the rates for non - disabled passengers. (Ord. No. 08 -043, § 25, 9- 23 -08; Ord. No. 2012 -009, § 10, 5- 15 -12; Ord. No. 2013 -007, § 8, 4- 16 -13) Sec. 19 -236. Repeal of laws in conflict. All local laws and ordinances applying to the unincorporated area of the county in conflict with any provision of this article are hereby repealed to the extent of any conflict. ,card. No. uu -u4�3, § 1b, 9- 23 -uu) Sec. 19 -237. Savings clause. Notwithstanding section 19 -236 regarding repeal of laws in conflict, all administrative and court orders, fines, and pending enforcement issued pursuant to this authority and procedures established by Ordinance No. 2001 -15 shall remain in full force and effect. cOrd. No. 08 -043, § 27, 9- 23 -08) Sec. 19 -238. Jurisdiction. This article shall be effective throughout the unincorporated areas of the county. This article shall be effective in municipalities unless the municipality opts out or shall be effective up to the extent of conflict with the municipal ordinance. Palm Beach County, Florida, Code of Ordinances Page 34 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (Ord. No. 08 -043, § 28, 9- 23 -08) FOOTNOTE(S): - -- (12) - -- Editor's note— Ord. No. 08 -043, §§ 1 -28, adopted September 23, 2008, amended the Code by repealing former art. IX, §§ 19- 211 -19 -226, and added a new art. IX. Former art. IX pertained to similar subject matter, and derived from Ord. No. 99 -12, adopted May 18, 1999; and Ord. No. 01015, adopted April 17, 2001.Ord. No. 2012 -009, § 11, adopted May 15, 2012, extends a moratorium that began on May 25, 2011, and which expires on May 25, 2012, upon the acceptance of applications for and the issuance of new vehicle for hire company business permits. The moratorium shall not preclude companies with existing business permits from obtaining additional or replacement vehicle decals nor shall it preclude existing permitted companies from renewing business permits through the license year 2013. This moratorium extension shall expire upon the earlier of the following: (1) June 1, 2013, or (2) enactment of a resolution by the board of county commissioners terminating the moratorium. This moratorium shall not apply to, or otherwise affect, van /shuttle, limousine non - medical wheel -chair and stretcher transportation service, or a company operating under a contract with a government entity to provide transportation services. Back Palm Beach County, Florida, Code of Ordinances Page 35