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Agenda Reg 01-27-03 01<. '1 City of Delray Beach Regular Commission Meeting ::::::::J Tuesday. Tanuaty 21. 2003 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1sr Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally. remarks by an Individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE 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 Doug Randolph at 243- 7127 (voice), 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. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . January 7, 2003 - Regular Meeting . January 8, 2003 - Special Impasse Hearing . January 14, 2003 - Special Meeting 6. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. School Readiness Coalition, Inc. - Commissioner William Moss B. 150'h Homebuyer/Community Development Renaissance Program C. Community Neighborhood Helping, Inc. - Edith Thompson D. Urban Designer (WPB) - Joe Minicoz E. The Hamlet Homeowners' Association - Shelly Weil 8. CONSENT AGENDA: City Manager Recommends Approval. A. RESOLUTION NO. 4-03: Approve Resolution No. 4-03 assessing costs for action necessary to remove junked and/or abandoned vehicles from seven (7) properties within the City. B. RESOLUTION NO. 5-03: Approve Resolution No. 5-03 assessing costs for action necessary to abate nuisances on eighteen (18) properties throughout the City. C. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve and accept the Delray Beach Speed Enforcement Program grant award through the Florida Department of Transportation (FD01) in the amount of $39,308.00 for the purchase of one vehicle and related speed enforcement equipment for the Police Department's education and enforcement initiatives. D. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve and accept the Florida Department of Transportation (FD01) grant award in the amount of $104,057.00 providing funding for a DUI specialist position and vehicle/equipment for the Delray Beach Police Department's DUI program. 01-21-2003 - 2 - E. REVISED LEASE AGREEMENT /BUCKY DENT: Approve a revised lease agreement between the City of Delray Beach and Bucky Dent Baseball School for a ten (10) year term with three (3) five year renewals for the use of Miller Field Complex. F. ACCEPTANCE OF GRANT/FLORIDA EMERGENCY MANAGEMENT ACT: Approve the acceptance of a Florida Emergency Management Act grant in the amount of $104,525.00 with a local cash match of thirty (30) percent and a purchase award to Zoll Medical Corporation for ten (10) M Series Med-Pro Plus monitor/defibrillators in the amount of $200,746.83. Funding is available from 334- 6112-519-64.90 (General Construction Fund/Other Machinery /Equipment). G. SERVICE AUTHORIZATION NO. 12/ROBERT G. CURRIE PARTNERSHIP. INC.: Approve Service Authorization No. 12 to Robert G. Currie Partnership, Inc. in the amount of $28,000.00 for the design of Maintenance Bays for servicing Fire Department vehicles. Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings). H. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $22,500.00 for 207 S.W. 9'h Court. This brings the number to 150 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). r. SPECIAL EVENT REOUEST/HOWARD ALAN 6'" ANNUAL WINTER STREET CRAFT FESTIVAL: Approve a special event request to allow the 6th Annual Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events, Ltd. to be held on February 22-23, 2003 from 10:00 a.m.-5:00 p.m., including a temporary use permit for street closures ofNE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking and staff support for security, with the event sponsor paying all overtime costs; contingent upon the receipt of a hold harmless agreement and certificate of insurance. J. SPECIAL EVENT REOUEST /SAINT PATRICK'S DAY PARADE: Approve a special event request to allow the 35'h Annual St. Patrick's Day Parade to be held on Saturday, March 15, 2003 beginning at 2:00 p.m., including temporary use permits per LDR Section 2.3.6(H) for street closures of Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade entries from 12:30 p.m. to approximately 3:30 p.m., staff support for traffic control and security, barricading, trash removal, and assistance in obtaining the FDOT permit with event sponsor paying all overtime costs; contingent upon specified conditions contained in 1/20/00 memo being met, the receipt of a hold harmless agreement and certificate of liability insurance. K. SPECIAL EVENT REOUEST /EAST END VOLLEYBALL TOURNAMENT: Approve a request from East End Volleyball for the East End Volleyball Tournament to be held at the municipal beach on March 22 and 23, 2003. 01-21-2003 - 3 - L. SPECIAL EVENT REOUEST /PRO-MOTIONS VOLLEYBALL TOURNAMENT: Approve a request from Pro-Motions Sports Marketing for the Pro-Motions Volleyball Tournament to be held at the municipal beach on May 3 and 4, 2003. M. AMENDMENT TO DELRAY BEACH GOLF COURSE/TENNIS CENTER MANAGEMENT AGREEMENTS: Approve the amendment to the performance bonus sections of the Delray Beach Golf Course and Tennis Center Management agreements between the City and Dubin and Associates, Inc. to comply with certain tax rules. N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 6, 2003 through January 17, 2003. O. AWARD OF BIDS AND CONTRACTS: 1. Various bid awards in the amount of $310,728.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 2. Bid award to Eagle Painting of Pompano, Florida in the amount of $29,350.00 for the painting of the Crest Theatre, Gymnasium, and Museum Building at Old School Square including alternatives one (1) and two (2). Funding is available from 334-6111-519-65.55 (General Construction Fund). P. JOINT PARTICIPATION AGREEMENT /PALM BEACH COUNTY: Approve a joint participation agreement in the amount of $204,230.41 between the City and Palm Beach County for utility upgrades and relocation for the Linton Boulevard Widening Project. Funding is available from 442-5178-536-65.13 (Water Main Relocation/Linton Boulevard). 9. REGULAR AGENDA: A. REVISED MATCH POINT AGREEMENT: Consider approval of the revised agreement with Match Point, Inc. providing for monthly marketing meetings between the City and Match Point, Inc. and other modifications. B. EXTENSION REOUEST FOR CONDITIONAL USE APPROVAL/ MIL-ATLANTIC: Consider an extension request for a conditional use to allow the establishment of an Assisted Living Facility (ALP), Independent Living Facility (ILF), and Adult Day Care known as Mil-Adantic, which is located on the west side of Military Trail, approximately 650' south of West Adantic Avenue. (Quasi-Judicial Hearing) 01-21-2003 - 4 - C. SPECIAL EVENT REOUEST/RHYTHM & BLUES ON THE AVENUE: Consider a request for special event approval to allow the Rhythm & Blues on the Avenue sponsored by the Community Redevelopment Agency (CRA) , Downtown Development Authority (DDA), Dekay Merchant's Association (DMA), and the West Atlantic Redevelopment Coalition (WARC) to be held on February 15, March 22, and April 12, 2003 from 2:00 p.m. until 9:00 p.m.; granting staff support for security, barricading, stage set up/removal, event signage, and a waiver of any overtime costs; contingent upon the receipt of a hold harmless agreement and certificate of liability msurance. D. SUNTRUST LEASING CORPORATION/GOLF CARTS: Consider approval of a lease purchase agreement between the City of Dekay Beach and SunTrust Leasing Corporation in the principal amount of $124,700.00 at 4.2% for a four (4) year term plus out of pocket fees of $200.00 for eighty (80) Club Car golf carts and three (3) Club Car utility carts. Funding is available from 445-7111-582-71.50 and 445-7111-582-72.50 (Dekay Beach Municipal Golf Course Fund/Lease Purchase Principal/Interest). E. CONTRACT AWARD/SHANNON CHEMICAL CORPORATION: Consider approval of a contract award to second lowest bidder, Shannon Chemical Corporation, for the purchase of Polyphosphate for the Water Treatment Plant at an estimated annual cost of $39,228.00. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). F. ACCEPTANCE OF COUNTY PARCELS: Consider approval and acceptance of six (6) vacant surplus parcels of land from Palm Beach County at no charge to the City acquired by Palm Beach County through tax deed. G. EXTENSION OF PAYMENT /FLORIDA TELEPORT: Consider approval of a payment extension request from Florida Teleport until August 1, 2003 due to Department of Environmental Protection (DEP) permitting issues. 10. PUBLIC HEARINGS: A. NONE 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 01-21-2003 - 5 - 12. FIRST READINGS: A. ORDINANCE NO. 1-03: An ordinance amending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by amending Section 35.056 "Designation of Personnel as Critical to Security" to provide for fingerprinring and background checks for private contractors, vendors, repair, and delivery personnel with access to publicly operated facilities within municipalities designated as critical to security. If passed, a public hearing will be held on February 4, 2003. B. ORDINANCE NO. 2-03: An ordinance amending Chapter 34, "Elections", of the City Code of Ordinances by amending Section 34.03, "Notice of Elections", to provide for publishing of notices in accordance with the law. If passed, a public hearing will be held on February 4, 2003. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: .JANUARY 17, 2003 01-21-2003 - 6 - JANUARY 7. 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 7,2003. 1:. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Barbara Garito, City Clerk ~. The opening prayer was delivered by Pastor Klay Aspinwall with Lakeview Baptist Church. J.. 4. The Pledge of Allegiance to the Flag ofthe United States of America was given. AGENDA APPROVAL. Mayor Schmidt requested that Item S.L.S., Bid Award be pulled from the Consent Agenda. In addition, Mayor Schmidt noted the addition of Item 9.H., Proposal for Settlement/Munroe v. City of Delrav Beach to the Regular Agenda by addendum. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to o vote. 5. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes ofthe Regular Meeting of December 3, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Regular Meeting of December 10, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Martin Luther Kinl!. Jr. Dav - January 20. 2003 Mayor Schmidt read and presented a proclamation hereby proclaiming January 20, 2003 as Martin Luther King, Jr. Day. Lillian Strainge came forward to accept the proclamation. 6.B. Squads Recol!nizinl! and Commendinl! the Delrav Rocks Football & Cheerleadinl! Mayor Schmidt read and presented a proclamation hereby proclaiming the Delray Rocks and Cheerleaders to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." Ben Leonard, Coach for the Delray Rocks, came forward to accept the proclamation. 6.C. Recol!nizinl! and Commendinl! Maurice "Moose" Warnock Mayor Schmidt read and presented a proclamation hereby wishing Maurice "Moose" Warnock a very HAPPY 100.h BIRTHDAY and further recognizes and congratulates him on achievements and wishes him the best of health and happiness. Frances Owens came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. 2002 City Golf Championship Awards - Sandra Eriksson. Director of Golf Ms. Eriksson recognized the following individuals who are golf champions for 2002 and presented each of them with an award: Men's Champion - Greg Perrin, (150) 76, 74, Delray Beach Women's Champion - Nora Phillips, (147) 73, 74 Palm Beach (defended her title) Men's First Flil!ht - Tim Weldon, (161) 82, 79 Delray Beach Men's Senior Championship Flil!ht - Ron Fisher, (148), 75, 73 Delray Beach Men's Senior First Flil!ht - Pasquale "Gino" Tirillo, (156) 77, 79, Delray Beach Men's Senior Second Flil!ht - Joe Weldon (166) 78, 88, Delray Beach Men's Super Senior Championship Flil!ht - Stephen Fitzgerald, (168) 79, 89, Delray Beach -2- 01/07/03 Men's Super Senior First Flil!ht - Russell Keegan, Jr. (176) 85, 91, Delray Beach Women's First Flil!ht - Nola Pearson, (180), 89, 91, Boca Raton Women's Senior Championship Flil!ht - Joan Stein (178) 86, 92, Delray Beach & Canada Women's Senior First Flil!ht - Ivy Boyk, (215), 102, 113, Delray Beach 7.B. Delrav Beach Racquet Club Condominium Association - Chuck Oliver Chuck Oliver, President of the Board for the Delray Beach Racquet Club Condominium Association formerly known as Laver's, stated their relationship with the City is unique because of the Delray Swim and Tennis Club (which the community surrounds) and the Association was directly involved in the acquisition of by the City. Mr. Oliver stated their property also abuts Miller Park and much of their planning involves interaction with City management and has been mutually beneficial. Mr. Oliver commended the City Manager, Assistant City Manager, Rich Connell, Assistant Director of Parks and Recreation, Tim Simmons, Parks Superintendent, Nancy Davila, City Horticulturist, Randal Krejcarek, City Engineer and Brahm Dubin, President of lCD Sports Group, Inc. At this point, Mayor Schmidt allowed Carolyn Zimmerman to make a statement. On behalf of the residents of Delray Beach, Carolyn Zimmerman congratulated Commissioner Perlman and his new wife Diane Colonna on their marriage and wished them many years of happiness and good health. 7.C. Commander Scott Schlev -American Lel!ion Post #65 Commander Scott Schley, stated American Post #65 recently received a $50,000 grant from the Delray Beach Community Redevelopment Agency. Mr. Schley stated he is requesting financial support ($100,000) from the City to help rebuild Post #65. Mayor Schmidt stated once staff analyzes this and can make some recommendations where there may be some money available then this request will be placed on the Agenda for consideration. Furthermore, Mayor Schmidt stated the budget has been set for the year; however, there is an opportunity to make adjustments during mid-year. Secondly, Mr. Schley asked for assistance with regard to the miSSIOn style building located on the north side and stated he would like to see if there is a way to keep the building from being demolished. Also, Mr. Schley asked if the Commission has any objections to there being speed humps installed in the alleyways. The City Manager stated the Engineering staff will look into this and if it is needed then the City can install the speed humps. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 1-03: Approve Resolution No. 1-03 assessing costs for the -3- 01/07/03 demolition of an unsafe structure located at 1860 Marty Fladel1 Drive. The caption of Resolution No. 1-03 is as fol1ows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 1-03 is on file in the City Clerk's office.) 8.B. RESOLUTION NO. 2-03: Approve Resolution No. 2-03 assessing costs for the demolition of an unsafe structure located at 906 and 908 S.W. 10th Street. The caption of Resolution No. 2-03 is as fol1ows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 2-03 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 3-03: Approve Resolution No. 3-03 assessing costs for the demolition ofan unsafe structure located at 68 N.W. 18th Avenue. -4- 01/07/03 The caption of Resolution No. 3-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 3-03 is on file in the City Clerk's office.) S.D. GRANTING OF EASEMENT DEEDIMARINA BAY: Approve an ingress/egress easement granting to the Marina Bay - Marine Way Condominium Association the right to use a 5' by 22' sliver of City owned property for pedestrian and vehicular ingress and egress ofthe town homes located adjacent to the Marine Way. S.E. ACCEPTANCE OF EASEMENT DEED/SPANISH RIVER RESORT AND BEACH CLUB: Approve and accept an easement deed allowing the City to construct/maintain a water line for general use and fire hydrants along East Atlantic Avenue. S.F. CHANGE ORDER NO. 4/FINAL PAYMENT/SUBAOUEOUS SERVICES. INC.: Approve Change Order No.4 in the amount of $38,259.00, and final payment in the amount of $41,356.59 to Subaqueous Services, Inc. for the Tropic Isles Canal Dredging Project. Funding is available from 448-5461-538-63.90 (Storm Water Utility Fund/Other Improvements) and 448-5461-538-65.54 (Tropic Isles Dredging). S.G. CHANGE ORDER NO. l/FINAL PAYMENT/ASTALDI CONSTRUCTION CORPORATION: Approve Change Order No. I in the amount ofa $104,591.50 decrease, and final payment in the amount of $52,633.80 to Astaldi Construction Corporation for the SW Area Improvements Phase III Project. Funding is available from 442-5178-536-65.59 (Water/Sewer Renewal & Replacement Fund/SW Area III) and 448-5470-538-65.59 (Storm Water Utility Fund/SW Area III). S.H. REOUEST FOR IN-LIEU PARKING SPACEINANNY'S ATTIC: Approve a request by Nanny's Attic for the purchase of one (I) in-lieu parking space in the amount of $6,000.00. Nanny's Attic is located at 124 North Swinton Avenue. S.1. REOUEST/ATLANTIC BAR & GRILL: Approve a request from Atlantic Bar -5- 01/07/03 & Grill (32 East) for the elimination of two (2) customer pick-up spaces located on S.E. 1st Avenue. 8.J. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of$18,800.00 to allow the applicant to secure new financing. 8.1(. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 9,2002 through January 3, 2003. 8.L. AWARD OF BIDS AND CONTRACTS: 1:. Contract award to Johnson-Davis, Inc. in the amount of $46,100.00 for the Breezy Ridge Utilities Demolition Project. Funding is available from 442- 5178-536-63.50 (Water/Sewer Renewal & Replacement Fund). 2. Contract award to Thomas B. Cushing Demolition in the amount of $22,700.00 for the removal of structure, parking lot, and concrete footers; cleaning lot of all debris and rough grading property known as the Ice House, 335 North Congress Avenue. Funding is available from 448-5470- 538-65.47 (NW 18th AvenuelMarty F1adell). 3. Contract renewal with Commercial Chemical for the purchase of bulk Sodium Hypochlorite at an estimated annual cost of $22,000.00. Funding is available from 441-5123-536-52.21 for $17,600 and 441-5122-536- 52.21 for $4,400 (Water/Sewer Fund/Chemicals). 4. Purchase award to Maroone Chevrolet in the amount of $19, 170.00 via the Florida Sheriffs Association and Florida Association of Counties Bid #02- 10-0826 for the purchase of a 2003 Chevrolet Blazer for the Environmental Services Department's GISlHansen Data Acquisition Program. Funding is available from 441-5123-536-64.20 (Automotive). 5. Purchase award to McCotter Ford in the amount of $30,948.00 via the Florida Sheriffs Association and Florida Association of Counties Bid #02- 10-0826 for the purchase of a 2003 Ford Excursion for the Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 6. Purchase award to Medtec in the amount of $343,000.00 via the Florida Sheriffs Association state-wide bid package for two (2) Rescue Units for the Delray Beach Fire Department. Funding is available from 501-3312- 591-64.20 (Central Garage Fund/Automotive). Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy _ Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -6- 01107/03 9. REGULAR AGENDA: 9.A. REQUEST TQ REDUCE LIENS/NICHQLAS ARSALI: Consider a request to reduce liens on property acquired by Mr. Nicholas Arsali located at 415 N.W. 2nd Street. The liens currently total $8,848.05; Mr. Arsa1i is prepared to pay the remaining lien of $4,232.64, which includes the City's out-of-pocket expenses. Staffrecommends denial. Lula Butler, Director of Community Improvement, stated the item before the Commission is a request from Mr. Nicholas Arsali to waive administrative fees and interest assessed to code enforcement liens on property he purchased through a Tax Deed sale in the amount of $4,164.92. Ms. Butler stated the City has a total of$8,848.05 in liens assessed on the property for abatement of nuisances between 1993 to today's date. Ms. Butler stated Mr. Arsali did not look to see if there were any other liens attached to the property prior to purchasing and staff recommends denial of the request. Nicholas Arsali, investor, stated he has kept the property clean since he purchased it. Mr. Arsali stated he is willing to pay all the costs and urged the Commission to waive the administrative fee and interest. Mayor Schmidt stated he understands Mr. Arsali is requesting that the administrative fee and interest be waived. However, Mayor Schmidt stated he would consider waiving interest as long as the City was not out-of-pocket any money. Mayor Schmidt asked Mr. Arsali ifhe would be willing to pay $1,550.97 for the administrative fees as well as the recording charges and the payments to vendors. Mr. Arsali stated he is willing to pay whatever amount the City Commission agrees upon. Mr. Levinson stated it is his understanding that Mr. Arsali's intent is to fix this property up and do something with it. Therefore, Mr. Levinson stated he would like to waive the interest if in fact something is done with the property within a reasonable period oftime so that it is not just maintained as it is but that the property is improved. The City Attorney stated that if the Commission wishes to waive any part of this to do so and suggested that if there is ever a citation again on any property owned by Mr. Arsali that it would never be waived again. Ms. McCarthy asked why Mr. Arsali has not yet developed the lot. In response, Mr. Arsali stated he just purchased the property through a Tax Deed sale and does not have a clear title to the property because of the outstanding City liens. Mr. Arsali stated in order to get the financing from the bank to start improvements on the property he needs a clear title. Mr. Arsali stated that there are over 50 properties currently available on the Clerk of the Circuit Court Lands Available List. Ms. McCarthy stated in the past the Commission has addressed these type of situations based on a need and have been trying to get many more homes put in this area for homeownership and that is what the Commission is promoting. Ms. McCarthy asked Mr. Arsali why he purchased the lot. In response, Mr. Arsali stated he purchased the lot for approximately -7- 01/07/03 $20,000 through the Tax Deed auction but because it did not sell it was placed on the Lands Available List and noted no taxes were paid on the property since 1992. Mr. Arsali stated the County charges 18% interest on the tax deeds from the day that they are due. Mr. Levinson supports Mayor Schmidt's suggestion and also suggested that staff create a policy and develop an incentive program for people who are interested in buying these types of properties and that these properties are purchased for the purpose of development only and not for the sake of buying them to just hold on to. Mr. Levinson continued to state traditionally these properties are within areas where there is a need for homeownership development. The City Manager inquired about the process of how these properties eventually come to the City. In response, Ms. Butler stated after the County has gone through the seven year cycle the County sends a Lands Available List to the City of all the properties asking if the City would like to take possession of these properties. Ms. Butler continued to state that the City has been able to obtain many lots for affordable housing this way. Mr. Levinson moved to waive the $3,064.44 of interest of the total $8,848.05 due and that the balance be payable by Mr. Arsali, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.8. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for the financial contribution regarding the relocation of transmission lines on S.E. and N.E. 2nd Avenue from S.E. I st Street to N.E. 2nd Street to an area just east ofthe FEC railroad tracks. Brian Shutt, Assistant City Manager, stated the agreement provides the payment provisions between the City of Delray Beach and the CRA to FPL for the removal and relocation of transmission lines on S.E. and N.E. 2nd Avenue from S.E. 1st Street and N.E. 2nd Street to an area just east ofthe FEC railroad tracks. Mr. Levinson moved to approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.8.1. PAYMENTIFLORIDA POWER & LIGHT: Approve the issuance of a check to Florida Power & Light (FPL) in the amount of$44,156.50 for the completion of the Pineapple Grove Way Power Line Relocation Project. Funding is available from 119-4151-572-63.90 (Pineapple Grove FPL Poles). Mr. Levinson moved to approve the payment to Florida Power & Light, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion -8- 01107/03 passed with a 5 to 0 vote. 9.C. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/ CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR THE MUNICIPAL ELECTION: Consider authorizing the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the March 11, 2003 Municipal Election, and represent the City at the requisite Logic and Accuracy tests. Mrs. Archer moved to approve authorization for the Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the March 11,2003 Municipal Election, and represent the City at the requisite Logic and Accuracy tests, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) regular members to the Code Enforcement Board for a three (3) year term ending January 14, 2006, and two (2) alternate members to fulfill unexpired terms ending January 14, 2004 and January 14, 2005. Based upon the rotation system, the regular appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). The alternate appointments will be made by Commissioner Perlman (Seat #1) and Commissioner Archer (Seat #2). Mr. Levinson moved to reappoint Andrew Y oungross as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to reappoint Anthony Veltri as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2006, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated he wished to appoint Mitchell Leiderman as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2006. Ms. McCarthy so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to appoint David Hawke as an alternate member to fill an unexpired term ending January 14, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -9- 01/07/03 Mrs. Archer moved to appoint Robert Marks as an alternate member to fill an unexpired term ending January 14, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint the following members to the Nuisance Abatement Board; three (3) regular members with terms ending March 31, 2005 and one (1) regular member to fill an unexpired term ending March 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). Mrs. Archer moved to reappoint Robert Gillespie as a regular member to the Nuisance Abatement Board with a term ending March 31, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to reappoint Jose Ramirez as a regular member to the Nuisance Abatement Board with a term ending March 31, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to reappoint John Miller, Jr. as a regular member to the Nuisance Abatement Board with a term ending March 31, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated he wished to appoint Donna Russo as a regular member to the Nuisance Abatement Board to fill an unexpired term ending March 31, 2004. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint two (2) Citizen at Large representatives to the Parking Management Advisory Board for two (2) year terms ending January 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner Perlman (Seat #1) and Commissioner Archer (Seat #2). Mr. Perlman moved to reappoint Bernard Dahlem as a citizen-at-large to the Parking Management Advisory Board for a two (2) year term ending January 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion -10. 01/07/03 passed with a 5 to 0 vote. Mrs. Archer moved to appoint Melvin Sacharow as a citizen-at-Iarge to the Parking Management Advisory Board for a two (2) year term ending January 31, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (I) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Woodrow Lockett as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.H. PROPOSAL FOR SETTLEMENT/MUNROE v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $75,000.00 in Munroe v. City of Delray Beach. Staff recommendation is denial. Mr. Levinson moved to deny the Proposal for Settlement in the amount of $75,000 in Munroe v. City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion to deny passed with a 5 to 0 vote. At this point, the time being 6:50 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. I1.A. City Manal!er's response to prior public comments and inquiries. With regard to prior concerns expressed regarding Lake Worth Drainage District (LWDD) plans on the L-30 canal and suggesting that the City of Delray Beach do something similar to what Boca Raton had done with some of their canals, the City Manager stated the City of Delray Beach did investigate what the City of Boca Raton had done. The City of Boca Raton told the LWDD that they needed a permit to remove trees within the city limits and the drainage district said they did not. The City Manager stated that the end result of it all is trees on the non- maintenance side were saved (north side) and commented that this would not really satisfy the homeowners' from Rainberry Lake who are complaining because they live on the south side. Secondly, with regard to a concern expressed about sponsor logos on the banners in the downtown area, the City Manager stated this has not been interpreted as advertising and has been allowed for the last ten years. Major sponsor logos on banners have been hung at intersections on the light poles along Atlantic Avenue for events such as Art & Jazz on the -11- 01107/03 Avenue as well as the holiday tree and the Garlic Fest. Furthermore, the City Manager stated this is a way to give the primary event sponsors recognition. 11.B. From the Public. 11.B.1. Terry Rothman, (a homeless person), stated on Friday, January 3,2003, he was questioned by Police repeatedly and noted his only trespass was his homelessness. Mr. Rothman stated the questioning continued over a period of over four hours at various locations throughout the City and trespass warnings were issued against the homeless. Mr. Rothman stated in no case had an incident occurred which would have warranted the trespassing warning. Mr. Rothman stated he feels the Police leadership of the City of Delray Beach should be held partially accountable for this conduct because the Police leadership monitors what the Police Officer's do during their active duty. Mr. Rothman stated no one was willing to mediate the problem and a mediation of the conflict through the local legislative body could have possibly defused the problem early. Mr. Rothman suggested for future cases in which conflicts involving civil rights issues between a citizen and/or someone visiting Delray Beach and the Police that a mediator could be called upon to bridge the differences and find a solution to the problem. 11.B.2. Jim Smith, 1225 South Ocean Boulevard, Delrav Beach, reported that the Pedestrian Bicycle Task Team is up and running and stated the Organizational Meeting was held last month. Mr. Smith asked that the membership of the Pedestrian Bicycle Task Team be increased from seven to nine members. The prior recommendation that was approved by the City Commission in November asked that to any extent possible that there be a Police representative to serve on the Task Team and one of the reasons for this is because the Police are very close to accidents that involve pedestrians and cyclists because they fill out the accident reports. In addition, Mr. Smith stated the Police have also been instrumental in education programs in schools (i.e., Bicycle Helmet Program, and Walk a Child to School Day). Furthermore, Mr. Smith stated it was also the desire of the Commission to have someone from the Palm Beach Parks and Recreation Department involved mainly because the Committee is looking at greenways. Furthermore, Mr. Smith stated it would be wonderful to have some linkage from Delray Beach to Boynton Beach, to the undeveloped, to the suburbs, to the west and down to Boca Raton to the south. Secondly, Mr. Smith invited everyone to attend the Pedestrian Bicycle Task Team Meetings held on the second Thursday of every month at 6:00 p.m. Mr. Smith stated the Committee is anxious to have citizen participation. At this point, the time being 6:55 p.m., the City Commission took a short break. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion ofthe agenda. 10. PUBLIC HEARINGS: 10.A. RESTATED LEASE AGREEMENT/BOYS & GIRLS CLUB: Consider approval of a restated lease agreement between the City of Delray Beach and the Boys & Girls Club of Palm Beach County for property in Lease Area Four at the Catherine Strong Center. -12- 01/07/03 Prior to consideration of this item, a public hearing has been scheduled to be heard at this time. The City Attorney stated this is a lease of land to the Boys & Girls Club and currently they lease Area 5 (Catherine Strong Center). The City Attorney stated this is a lease for Lease Area 4 so that they can construct the facility. The lease is for 75 years from the date of receipt of a building permit on Lease Area 4. The City Attorney stated the building permit must be obtained by January 1,2004 and the building must be completed by January 1, 2005 or the lease as to Lease Area 4 will be null and void and the current lease will remain in effect. Mary O'Connor, President and CEO of the Boys & Girls Clubs of Palm Beach County, stated the lease is needed so that they can go out to bid. Mr. Levinson asked if they need to start by 2004 and not 2005. In response, Ms. O'Connor stated they do have over $1 million raised and have gone back to the architect to see what can be done in terms of phasing in the project and commented that it would be nice to complete the entire project at one time. Mr. Levinson stated the Commission would also like to see the project completed at one time. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the restated lease agreement, the public hearing was closed. Mr. Levinson moved to approve the restated lease agreement between the City of Delray Beach and the Boys & Girls Club of Palm Beach County on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 59-02: An ordinance amending Chapter 33, "Police and Fire Departments", subheading "Pensions", of the City Code of Ordinances to provide credit for police/firefighters with previous service as a general employee. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 59-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", REVISING THE DEFINITION OF "CONTINUOUS SERVICE" FOR CERTAIN PURPOSES TO INCLUDE PREVIOUS SERVICE AS A GENERAL EMPLOYEE; CREATING A NEW SECTION 33.71, "COORDINATION OF RETIREMENT BENEFITS", PROVIDING FOR COORDINATION OF BENEFITS FOR -13- o I/07/03 MEMBERS WHO HAVE PREVIOUS SERVICE AS A GENERAL EMPLOYEE; AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER CONTRIBUTIONS", TO PROVIDE FOR ROLLOVERS OR TRANSFERS INTO THE FUND FOR THE PURCHASE OF CONTINUOUS SERVICE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTNE DATE. (The official copy of Ordinance No. 59-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney recommends denial of this ordinance due to correspondence received from Patricia Shoemaker with the Bureau of Municipal Police Officers' and Firefighters' Pension Funds that has some issues regarding the flow of monies from the General Employees Pension Plan and combining that with Police Pension contributions. The City Attorney stated there is a Florida State Statute that requires service as a Police Officer and a Firefighter as a requirement for pension in the Police and Fire Pension Plan. Therefore, the City Attorney stated staff has to work out another mechanism for recognition the General Employees pension contribution for those employees who might have been covered and then became a Police Officer or Firefighter. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 59-02, the public hearing was closed. Prior to the vote, Ms. McCarthy asked if any of the actuary reports have been submitted. In response, the City Manager stated the actuary reports have been submitted. Mr. Levinson moved to adopt Ordinance No. 59-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Schmidt - No; Mr. Perlman - No; Mrs. Archer - No. Said motion Failed with a 5 to 0 vote. 10.C. ORDINANCE NO. 58-02: An ordinance amending Chapter 33, "Police and Fire Departments", subheading "Pensions", of the City Code of Ordinances to allow police officers/firefighters credit for prior service as a police officer/firefighter with another employer. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 58-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING -14- 01/07/03 CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", REVISING THE DEFINITION OF "CONTINUOUS SERVICE" TO PERMIT A FIREFIGHTER WITH AT LEAST FIVE YEARS OF CONTINUOUS SERVICE TO PURCHASE UP TO THREE ADDITIONAL YEARS OF SERVICE FOR PRIOR EMPLOYMENT AS A POLICE OFFICER OR FIREFIGHTER; AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGffiLE ROLLOVER CONTRffiUTIONS", TO PROVIDE FOR ROLLOVERS OR TRANSFERS INTO THE FUND FOR THE PURCHASE OF CONTINUOUS SERVICE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 58-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. The City Attorney stated there was some question from the Police and Fire Pension Board as to whether this applied to those employees who are currently employed as well as to those employees that are employed thereafter. The City Attorney continued to state that this does apply to those employees who are currently employed as well thus removing the word "initially" from the ordinance. The City Attorney stated it also applies to military service as well as former police officers and firefighters. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 58-02, the public hearing was closed. tool. Prior to the vote, Mr. Perlman asked for clarification regarding the recruitment Ms. McCarthy asked whether or not this is money that would come out of the City's budget. In response, the City Manager stated if an employee wishes to buy credit for that prior service they have to pay the actuarial cost of it. Mr. Levinson moved to adopt Ordinance No. 58-02 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson- Yes. Said motion passed with a 5 to 0 vote. -15- 01/07/03 10.D. ORDINANCE NO. 56-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to provide for the purchase of prior government service under the general pension plan. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 56-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SUBSECTION C, "CREDITED SERVICE", OF SECTION 35.089, "DEFINITIONS", AND CREATING A NEW SECTION 35.0934 TO ALLOW PARTICIPANTS WITH AT LEAST FIVE YEARS OF CREDITED SERVICE TO PURCHASE UP TO THREE YEARS OF CREDITED SERVICE BASED ON PRIOR GOVERNMENTAL SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 56-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 56-02, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 56-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer ~ Yes; Mr. Levinson - Yes; Ms. McCarthy ~ Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 57-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to allow previously excluded employees to participate in the general pension plan. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 57-02 is as follows: -16- 01/07/03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS", REVISING THE DEFINITION OF "EMPLOYEE" TO INCLUDE CERTAIN PREVIOUSLY EXCLUDED POSITIONS; AMENDING SECTION 35.093, "CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN", TO PROVIDE FOR CERTAIN PREVIOUSLY EXCLUDED EMPLOYEES TO PURCHASE CREDITED SERVICE UNDER THE PLAN; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUBSECTION (L), "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS", TO ALLOW PARTICIPANTS WHO WERE PREVIOUSLY EXCLUDED FROM PARTICIPATION IN THE PLAN TO MAKE A DIRECT TRANSFER OF ELIGIBLE ROLLOVER DISTRIBUTIONS TO PURCHASE CREDITED SERVICE UNDER THE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 57-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 57-02, the public hearing was closed. The City Manager stated this would cost approximately $100,000 because if an employee is not in the plan the City is putting 9 Y2 percent into a 457 Plan each year if all nine people participate. Joseph Safford, Finance Director, stated previously certain positions were excluded from the General Employees Pension Plan. These positions included the City Manager, Assistant City Manager, City Attorney, and Assistant City Attorneys. In addition, Mr. Safford stated the Department Heads had an option to either enter the General Employees Pension Plan or receive a 9Y2 percent contribution to an ICMA 457 Plan. Therefore, Mr. Safford stated this request is to allow all of those nine employees the opportunity to come back into the -17- 01/07/03 General Employees Pension Plan. Mr. Safford stated there mayor may not be an actuarial cost depending on how many people participate. Ms. McCarthy asked why these nine positIOns were excluded from this opportunity. In response, Mr. Safford stated the position of the City Manager, Assistant City Manager, City Attorney, and Assistant City Attorney(s). Mr. Safford explained that the City Manager's is under contract and is hired by the City Commission. The City Manager contracted to have an ICMA Retirement Plan not the General Employees Pension Plan. The City Manager explained that at the time this was set up there was ten year vesting and the chances of a Manager staying in one place for ten years were considered very slim. Mr. Safford reiterated that at that time an option had to be offered in order to retain a Department Head. Ms. McCarthy stated it states that there are 9 Yz percent expenses to the City and asked Mr. Safford ifhe has figured out what the percentage of expense will be for the City under the new plan. In response, Mr. Safford stated at the present time the cost in the General Employees Pension Plan to the City is 2.7 percent of salary. If these people enter the plan it would probably go up to no more than 3 Yz percent of salary. Mr. Safford continued to state this is an actuarial calculation that is done each year and a lot of it is based upon investment performance within the plan, turnover of employees, pay raises, and other factors that go into an actuarial determination of cost. Ms. McCarthy asked if all nine employees elected to enter into the General Employees Pension Plan the City would not quite double the percentage of funds that we are paying out. Mr. Safford stated there would be approximately $90,000 in costs to the pension plan. Ms. McCarthy asked if there is a cost for them to electing to do this and does the City incur this cost as well. Mr. Safford stated that each individual employee that wishes to have an actuarial determination of what their costs would be to enter the plan has to pay the cost of the actuarial study plus the past service cost thus it would not be a cost to the City. Mrs. Archer moved to adopt Ordinance No. 57-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt- Yes. Said motion passed with a 5 to 0 vote. to.F. ORDINANCE NO. 60-02: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 60-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL -18- 01/07/03 TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 60-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 60-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 60-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. to.G. ORDINANCE NO. 53-02: An ordinance modifying Ordinance No. 4-99 by amending subsection 4.6.9(E), "Location of Parking Spaces" of the Land Development Regulations to extend the In-Lieu of Parking Fee regulations. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 53-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida. -19- 01/07/03 Mr. Perlman stated he feels these fees should be periodically reviewed. In addition, Mr. Perlman stated he would also like to see the financing reviewed in the CBD. Paul Dorling, Director of Planning and Zoning, stated staff will look into this. Mayor Sclunidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 53-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 53-02 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy ~ Yes; Mayor Sclunidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 54-02: An ordinance revising Ordinance No. 51-02 to clarify that Lot 3 of Block 2 and Lot 3 of Block 3 of the Silver Terrace Subdivision are included in Ordinance No. 51-02. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 54-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING ORDINANCE NO. 51-02 BY AMENDING SECTION I CLARIFYING THAT THE LOTS REFERRED TO IN PARAGRAPH 5(a) INCLUDE LOT 3; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 54-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. Mayor Sclunidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 54-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 54-02 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Sclunidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson- Yes. Said motion passed with a 5 to 0 vote. 10.1. ORDINANCE NO. 55-02: An ordinance amending Chapter 111, "Advertising" of the City Code of Ordinances by enacting a new Section I I 1.18, "Distributing Commercial and Non-Commercial Handbills in Public Places". Prior to consideration of passage of this -20- 01/07/03 ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 55-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH BY AMENDING CHAPTER Ill, "ADVERTISING", BY REPEALING SECTION 111.18, "DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL HANDBILLS IN PUBLIC PLACES" IN ITS ENTIRETY IN ORDER TO PROVIDE AN UPDATED ORDINANCE REGARDING SAME BY ENACTING A NEW SECTION 111.18, "DISTRIBUTING COMMERCIAL AND NON- COMMERCIAL HANDBILLS IN PUBLIC PLACES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 55-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 55-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 55-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy _ Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Schmidt stated that since the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items slightly before 7:00 p.m., at this point if there is someone that did not previously address the Commission that would like to speak on a Non- Agenda item, Mayor Schmidt invited them to step forward at this time. Since no one else came forward to speak at this time, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 12. FIRST READINGS: None. -21- 01/07/03 13.A. City Manal!er. With regard to a concern expressed by Commissioner Levinson regarding Animal Control, the City Manager stated the City found out that the County had a grant program that had been going to private organizations to do various things (i.e., as like the humane society does). The City Manager stated that the City of Delray Beach recently received notice that we received a grant in the amount of $20,000 and this money will be used to hire a part-time person to supplement the City's animal control efforts. Secondly, the City Manager stated the City had planned for the Legislative Delegation to come to the Workshop Meeting of January 14, 2003 and commented that he and the Mayor discussed this earlier. The City Manager stated today the City received two more calls and Representative Machek said he would be in attendance. The other four members of the Legislative Delegation had said they would send their aids. However, Representative Machek called today and said he is unable to attend and Representative Hasner is taking his aid and therefore his aid will not be able to attend either. The City Manager suggested that this meeting be rescheduled for another time and noted that there are committee meetings going on in Tallahassee on January 14th. Mr. Levinson stated that you can go Online to see what the Committee schedules are. 13.B. City Attornev. The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission. 13.C.I. Commissioner Perlman Mr. Perlman stated he received a call from the Alpha Kappa Alpha (AKA) Sorority and was informed they will be holding an anniversary reunion on Sunday, February 2, 2003, at the Marriott Hotel at 6:00 p.m. Secondly, Mr. Perlman stated in the sixteen years he has lived in Delray Beach he feels this holiday season was the best ever. Mr. Perlman stated he received a lot of complimentary comments from people that Delray Beach was the place to be this holiday season. 13.C.2. Commissioner Archer Mrs. Archer congratulated Commissioner Perlman on his marriage. Secondly, Mrs. Archer stated she had the opportunity to attend the Ocean Rescue Meeting on New Year's Day and commented that she was very impressed by the way they prepared themselves before going out on the beach. Mrs. Archer stated the City of Delray Beach -22- o I/07/03 has a lot to be proud of with the Ocean Rescue Team and she feels they represent the City very well. Mrs. Archer stated she has received three requests from people (one from another municipality and two from hotels) to find out where the City got the ice skating rink. Mrs. Archer stated the Drug Task Force has had brief discussion about rather than just concentrate on passing ordinances that would put the problem of the sober houses and how to deal with them off on another municipality it might be worthwhile to have an open discussion with the cities from South Palm Beach County, the County, DCF, and the State legislators to see if there can be some resolution to see how to effectively deal with the issue. Mrs. Archer continued to state they have had conversations with Scott Badesch, President and Chief Professional Officer of United Way of Palm Beach County and are working at trying to get something together at a time when the legislators will be able to attend. Mr. Levinson suggested that Mrs. Archer use the League of Cities as a venue for having the forum. 13.C.3. Commissioner Levinson Mr. Levinson commented about a newspaper article about a woman who had been mauled by a dog and stated Jenude Raymonvil and her fellow classmates with the Delray Beach Youth Enrichment Training Program provided a Christmas to the woman. Mr. Levinson suggested that Ms. Raymonvil and the rest of her classmates be recognized for their efforts with a proclamation. Secondly, Mr. Levinson asked if there is a way to appropriately notice that two or more of the Commissioners may be present at the same particular meeting. Mr. Levinson suggested that a notation be made on the monthly calendar noting the following: "two (2) or more City Commissioners may be in attendance". Mr. Levinson stated lately he has noticed many street lights around town that are out especially along both Northbound and Southbound Federal Highway. Mr. Levinson stated he believes the City has a factor that we apply to the total lumens that we buy for those lights that could be out at anyone time and suggested that this percentage be reviewed. In response, the City Manager stated the factor is not the City's but is established through the Public Service Commission and he agrees that this should be looked into. Mr. Levinson suggested that staff write a letter to the Public Service Commission. Mr. Levinson stated a number of years ago there were meetings held regarding the redevelopment of the site where the Publix Shopping Center is located and noted that there are private ground field monies available to a developer but the City had to do certain things in identifying that block or those areas in order to allow someone to make these applications. Mr. Levinson suggested that the Commission revisit this item and he feels this may be a way for someone who is not enticed to do something in there to be able to get some grant money. Mr. -23- 01/07/03 Levinson stated he feels the City should be doing whatever possible so that a private owner who applies is eligible to get those grants. Mr. Levinson stated there was a great newspaper article dated December 29, 2002, on the front page of the Sun-Sentinel News about "25 years in America" written by reporter Mr. Leon Fooksman. Mr. Levinson stated that 1-95 particularly with the closure at Atlantic A venue and soon to be S.W. 10th Street and soon to be Linton Boulevard has become more of a significant issue. Mr. Levinson stated he spoke to Randal Krejcarek, City Engineer and inquired whether or not there is a weekly Florida Department of Transportation meeting. Mr. Levinson stated that Mr. Krejcarek stated there is a weekly meeting held every Thursday afternoon. However, he is not able to attend because he has another weekly meeting at the same time. Therefore, Mr. Levinson stated because of the uniqueness of the meeting times with these closures for the next several months, he asked if staff could find an alternate individual to attend and represent the City at the Florida Department of Transportation (FDOT) update meetings. Mr. Levinson stated he feels this is an important issue and someone should attend every week. Mr. Levinson congratulated Commissioner Perlman on his marriage. Mr. Levinson wished everyone a Happy New Year and congratulated First Night. Furthermore, Mr. Levinson stated he spoke to Bill Wood and commented that First Night may have turned a profit. election. Lastly, Mr. Levinson announced yesterday he declared his candidacy for re- 13.CA. Commissioner McCarthv Ms. McCarthy publicly thanked Tony Hamden (Stop N Go, Inc.) a local business owner, for providing the money to cover the expense of the ice skating so that some less fortunate children had the opportunity to ice skate. In addition, Ms. McCarthy thanked Delores Rangel, Staff Assistant II and Amanda Solomon, Telecommunications Systems Manager for taking her idea and making it a reality by providing the children with coupons so that they could have the opportunity to skate. Secondly, Ms. McCarthy stated at the end of last year she spoke to Officer Pun and he asked if she would give a presentation to the Delray Beach Youth Enrichment Training Program on life skills. Ms. McCarthy stated it was a wonderful experience and made the Palm Beach County Black Elected Officials aware that the school is in existence. Ms. McCarthy continued to state that the Palm Beach County Black Elected Officials asked that she fax a list of every member and if they are ever asked to do any public speaking in the City especially for this program, to give them a call and they will be open to the idea. Ms. McCarthy stated over the last four weeks she has received numerous telephone calls from the public regarding the City's web page. Ms. McCarthy stated the most -24- 01107/03 common question is when they know a City employees name, how can they go on the web page and just find that person without having to know the department or sub-department that the employee works in. Ms. McCarthy suggested that there be an alphabetical access listing available on the website instead of people having to go through page-by-page in order to find out how to get in touch with a particular person in the City. Lastly, Ms. McCarthy wished everyone a fabulous 2003. 13.C.5. Mavor Schmidt Mayor Schmidt announced that he will not be at the Regular City Commission Meeting of January 21, 2003 and will be returning on January 26, 2003. Mayor Schmidt is going to attend "The U.S. Conference of Mayors" in Washington and will also by lobbying while there trying to get some federal funding for the reuse. Mayor Schmidt stated he received a call from Carole Shetler, Area I Superintendent for the School District of Palm Beach County about the School Board Meeting on January 22, 2003 at 6:00 p.m. and commented that they are going to be recognizing the Principal for A Day Program and specifically Janet Meeks, Education Coordinator and Shelly Weil, Chairman of the Education Advisory Board for PENCIL (Principal For A Day). Mayor Schmidt stated he will not be able to attend and suggested that one of the Commissioners attend the meeting. Mayor Schmidt announced that EPOCH (Expanding and Preserving Our Cultural Heritage) is holding their 2nd Annual Commission Roast on February 6, 2003 at the Golf Course. Mayor Schmidt stated with regard to Palm Beach County days in Tallahassee it falls on the first Regular City Commission Meeting of March 4th. Mayor Schmidt suggested that the meeting be rescheduled and that the Commission discuss in further detail at the Workshop Meeting of January 14, 2003. Mayor Schmidt stated in conjunction with congratulations to Commission Perlman and Diane on their marriage and noted that this was a very happy event. However, over the same weekend Mayor Schmidt stated there was also a very sad event with the passing of Chief Schroeder's dad. Mayor Schmidt stated he was personally affected in both instances. Mayor Schmidt continued to state he was very pleased to see all the City employees interacting with each other at both gatherings whether it was to celebrate or give condolences. Furthermore, Mayor Schmidt stated he feels that the City of Delray Beach has a unique group of employees and considers them like an extended second family. at 8:00 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned -25- 01/07/03 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 7, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -26- 01/07/03 SPECIAL IMPASSE HEARING JANUARY 8, 2003 A Special Impasse Hearing of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the First Floor Conference Room at City Hall at 3:00 P.M., on Wednesday, January 8, 2003. Roll call showed: Commission Present- Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt City Representation- Leonard A. Carson, Esq. John E. Griffin, Esq. Local 1842, IAFF Representation- Mathew J. Mierzwa, Jr., Esq. Local 1842, IAFF- James H. Tabeek, President, Local 1842 Steve Zickl, Shop Steward, Local 1842 Also present were - City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito Director of Human Resources Edward Gusty Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. City Commission Hearing on Special Master's Recommendation for Resolution of Impasse between the City and IAFF on Ocean Rescue Classifications. Mathew J. Mierzwa, Jr., Esq., representing Local 1842, IAFF introduced the summary of issues on the table to be resolved in the Impasse Hearing between the City and IAFF on Ocean Rescue Classifications: ISSUES Wages . Across-the-board wages Local 1842 3.0% on 10-01-01 3.0% on 10-01-02 City 2.5% on 10-01-01 . EMT pay $.50 /hr. on 10-01-01 $50/mo. on 10-01-01 . Internal pay $1,500 for 2-4 yrs. -0- $3,000 for 4-6 yrs. -0- $4,500 for 6 or more -0- Pension Matters . Normal retirement 20 years 30 years or 10/60 . Multiplier 3.0% 2.5% Mr. Mierzwa discussed the pay survey for Ocean Rescue personnel between Delray Beach and municipalities in the area indicating Delray Beach ranked 8'" out of nine cities surveyed. He indicated that along with Delray Beach the City of Hollywood Beach was the only municipality in this area who required EMT certifications by their Ocean Rescue personnel. Mr. Mierzwa further addressed the significant turnover problem with Ocean Rescue personnel and the difficulty in securing qualified applicants. In addition, he referred to F.S. 112.181, which addresses EMT personnel experiencing a high level of exposure to communicable diseases such as hepatitis, meningitis, and tuberculosis. As representation for Local 1842, it is his opinion that the hazards of employment, including basic life support and medical treatments performed, and the required EMT recertification, more than justifies the pay increase request and pension enhancements on the table. It was his contention that the retention problem in Ocean Rescue could be solved with the Internal Pay Movement. The last item of discussion is the pension issue of 20-year retirement with a 3% multiplier. Mr. Mierzwa indicated that since the City had agreed to put Ocean Rescue under the Firefighters Contract; and they perform like or similar duties to Firefighters; they are entided to a similar retirement plan of 20 years and out with the 3% multiplier. Mr. Mierzwa further recommended resolving the pay issues for 2 years (10-01-01 through 09-30-02 and 10-01-02 through 09-30-03) thus allowing both parties to return to the bargaining table to negotiate a contract for the year 10-01-03 through 09-30-04. Leonard Carson, Esq., representation for the City disagreed firsdy with the recommendation of resolving the impasse for a two (2) year period. It is his contention that the Commission resolve for one (1) year (10-01-01 through 09-30- 02) and it is up to both sides to return to the bargaining table to negotiate for the current year and at that time both sides could agree to a two or 3-year contact. He further advised the Commission that the union proposal equates to an 18 - 30% increase for the entire economic package. Mr. Carson proposed a $50 a month EMT certification pay to recognize that certified personnel are entided to additional pay above their base salary and this amount is appropriate. Mr. Carson reiterated that Delray's Ocean Rescue provides excellent service. In regards to the previous Internal Pay Movement for the Police and Fire Departments, the problem of retention was not the same as the retention within Ocean Rescue personnel. Police Officers and Firefighters were leaving the City to go to other Law Enforcement and Fire Departments, which is not the case in Ocean Rescue. The Special Master did not see a similar problem regarding retention and recruitment thus he rejected this request. Based upon the frequency of response to EMT calls made by the Fire -2- Special Impasse Hearing January 8, 2003 Department personnel (22 EMT calls a day) and Ocean Rescue personnel (1 EMT call every 3 days), the level of risk did not raise to the same level as a Firefighter. Mr. Carson quoted Florida Statue, which provides for special pension, special death benefit, presumption of illnesses, and Bill of Rights for Firefighters that does not pertain to Ocean Rescue personnel concluding that although there is some risk to Ocean Rescue it is not on the same level as Firefighters. They (Ocean Rescue) are not Firefighters, do not require the same level of training, examinations, and perform at a different level than Firefighters. Therefore, Ocean Rescue personnel do not belong in the same category as Firefighters and the normal retirement of 20 years with a 3% multiplier is not warranted, and was subsequently rejected by the Special Master. Mayor Schmidt opened the Public Hearing portion of this Impasse Hearing. Dan Bums. 1036 Bucida Road, came forward and expressed his thoughts regarding the impasse. He indicated that he had indeed read the Job Description for Ocean Rescue personnel and considered it a high risk and rescue position. By performing EMT duties including mouth-to-mouth resuscitation he felt that although they are not Firefighters, they indeed put out fires in a sense since they prevent many incidents/accidents at the beach before they happen to citizens and visitors to our City each and every day. Therefore, it was his conclusion that they deserve something a little bit better in wages and benefits then what is being offered to them at this time. No one else from the public came forward to speak; therefore, Mayor Schmidt closed the Public Hearing portion of the Impasse Hearing. Discussion ensued on each item with both Mr. Mierzwa and Mr. Carson presenting their arguments as to their justifications for these proposals. There was further discussion as to whether the City Commission could in effect made salary recommends for the second and third years. It was the consensus of the Commission that they would make their determination for one year (10-01-01 through 09-30-02) and that both sides should return to the bargaining table to negotiate the current year. At the time of negotiation, they could negotiate for a 1,2, or 3-year contact. Mr. Levinson made a motion to increase the Ocean Rescue wages by 3% across the board effective 10-01-01 through 09-30-02, seconded by Mr. Perlman. Discussion regarding the motion ensued by the Commission. Ms. McCarthy inquired as to whether Mr. Levinson would consider a pay increase of 2.75% perhaps giving both sides a better position to negotiate for the second year. Mr. Levinson declined to accept the substitute motion based on the Special Master's suggestion. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer _ No; Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Schmidt - No. Said motion -3- Special Impasse Hearing January 8, 2003 FAILED with a 2 to 3 vote. (Mrs. Archer, Ms. McCarthy, and Mayor Schmidt dissenting). Ms. McCarthy motioned to increase the Ocean Rescue wages by 2.75% across the board effective 10-01-01 through 09-30-02, seconded by Mr. Levinson for discussion. Commission discussion ensued. Upon roll call, the Commission voted as follows: Mrs. Archer - No; Mr. Levinson- Yes; Ms. McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - No. Said motion FAILED with a 2 to 3 vote. (Mrs. Archer, Mayor Schmidt, and Mr. Perlman dissenting). Mayor Schmidt passed the gavel to Vice-Mayor Perlman. Mrs. Archer made a motion to increase the Ocean Rescue wages by 2.5% across the board effective 10-01-01 through 09-30-02, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mr. Schmidt - Yes; Vice-Mayor Perlman - No; Mrs. Archer - Yes. Said motion FAILED with a 2 to 3 vote. (Mr. Levinson, Ms. McCarthy, and Vice-Mayor Perlman dissenting). There was discussion by the Commission regarding the one-year / two-year contract possibility. At this time, it was the consensus of the Commission to review the entire economic package instead of voting on each individual item thus understanding the issues and benefits as an entire economic package, discussion ensued. Mrs. Archer made a motion to increase the Ocean Rescue wages by 2.5% across the board with $.50 per hour for EMT certification pay, effective 10-01-01 through 09- 30-02, seconded by Mr. Perlman for discussion. Both Mr. Perlman and Mr. Levinson had discussion regarding increasing the wage increase to 3% and inquired as to whether Mrs. Archer would amend her motion to that affect and she declined. Therefore, the motion remained as initially made. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Levinson - No;. Said motion PASSED with a 3 to 2 vote. (Mr. Perlman and Mr. Levinson dissenting). Mrs. Archer made a motion to follow the Special Master's recommendation to reject the "Internal Pay Movement" and to reject Ocean Rescue's proposal of normal retirement of 20 years with a 3% multiplier, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion PASSED to reject both proposals, with a 4 to 1 vote. (Mr. Perlman dissenting). -4- Special Impasse Hearing January 8, 2003 Mayor Schmidt declared the Special Impasse Hearing of the City Commission adjourned at 5:30 P.M. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on January 8, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -5- Special Impasse Hearing January 8, 2003 JANUARY 14, 2003 SPECIAL MEETING A Special Meeting of the City Commission of the City of Dekay Beach, Florida, was called to order by Mayor W. David Schmidt in the First Floor Conference Room at City Hall at 6:00 P.M., Tuesday, January 14,2003. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following items: 1. MUNICIPAL GOLF COURSE GREENS REPLACEMENT: Consider approval of a contract award to Total Golf Construction, Inc. in the amount of $1,046,870.00 for the Municipal Greens Replacement Project. Funding is available from 445-4761-572-63.20 (Dekay Beach Municipal Golf Course Fund/Landscaping/Beautification) and 441-5181-536-63.95 (Water/Sewer Fund). Assistant City Manager informed the Commission that this agreement consisted of reconstruction of the greens putting surface and surrounds to U.S.G.A. Section Specifications, planting greens putting surfaces to TifEagle and other areas to T-419 Bermuda grass, installation of a decoder irrigation control system with computer central and radio field control, installation of new rotors and swing joints, installation of additions to distribution piping, excavation and lining of irrigation lake, installation of irrigation wet well, pump station and transfer pump, construction of waste areas at raw water well sites, tee construction at selected sites and excavation and fill at twelve fairway. Mr. Perlman made a motion to award the contract to Total Golf Construction for the Golf Course Greens Replacement in the amount of $1,046,870.00, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 2. EVACUATION OF OVERFLOW LAGOON/WATER DEPARTMENT: Consider approval of a contract award to Hardrives, Inc. in the amount of $18,000.00 for the evacuation, hauling, and disposal of excess lime sludge material within the overflow lagoon at the Water Treatment Plant. Funding is available from 441-5178-536-46.90 (Water/Sewer Fund/Other Repairs) . Richard Hasko, Director of Environmental Services, advised Commission that since the ferric cWoride treatment experiment the lagoon at the Water Treatment Plant has reached full capacity and requires excavation. The proposed work is for the excavation, hauling and disposal of excess lime sludge material within the overflow lagoon. Mrs. Archer moved to approve the agreement with Hardrives, Inc. in the amount of $18,000.00 for the excavation, hauling and disposal of excess lime sludge material within the overflow lagoon at the Water Treatment Plant, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson _ Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt declared the Special Meeting adjourned at 6:12 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting. City Clerk A TrEST: MAYOR The undersigned is the City Clerk of the City of DeIray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on January 14,2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2- Special Meeting January 14, 2003 Sch-.l . Readiness Y RECE=IVED I!<'" 1 7 2003 CITY MANAGER of< ~ 1919 North Flagler Drive . West Palm Beach, Florida 33407 Phone: (561) 655-1010 . Fax: (561) 835-1956 COAllTIONINC PALM BEACH COUNTY January 15, 2003 Mr. David Harden, City Manager The City of Delray Beach 100N.W. 1st Avenue Delray Beach, FL 33444 Re: Upcoming Agenda Item Dear Mr. Harden: The Palm Beach County School Readiness Coalition, Inc. (SRC) would like to thank your City Council for "stepping up" for the children in your city by providing a matching grant for subsidized child care. We would like to thank you for your matching grant with a plaque presentation. Our Chainnan, Mr. William Moss, who is also a West Palm Beach City Commissioner, would like to come to one of your council meetings to present the plaque. We ask that you please consider placing Commissioner Moss first on the agenda, as a courtesy. Please contact Pam Gambrell, SRC Executive Assistant, at 655-1010, ex!. 2188 or e-mail Pamela@cscpbc.org to confinn scheduling details. Thank you for your assistance. Sincerely, (/1' (J ~.~) Lf.AA. ~Lv Linda Protisto Executive Director LP:peg fA -I: .. .~ f)f( "''''~~'''''''' fl'I.cI\ t". ,- ~,' I I'" 1 t; irn1 Community Neighborhood Helping, Inc. C,I, '..<., :k'-'.., PO Box 2133 Der.Iy Bead1, A.. 33444 . Pn1Jt.ltll6 1baI T oud1 HearIs David Schmidt, Mayor City of Delray Beach 100 NI/I/ 1" Avenue Delray Beach, FL 33444 Dear Mr. Mayor, I am currently in the processing of gathering support for the rehabilitation of a property on SW13th Avenue. The property will be used as an After School Care and Adult Activities Center for residents of SW 12'" and 131h Avenues. The intent of this letter is to ask for a time slot in which I can make a presentation to you and the city commissioners on this project. I look forward to hearing from you. If you have any questions, you may reach me at 279-9951. Thank you. Kindest Regards, /tUJJtJ1an ~ Edith Thompson t", Founder, Community Neighborhood Helping, Inc. ce',~~ l~ MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ <{tA - REGULAR MEETING OF JANUARY 21. 2003 RESOLUTION NO. 4-03 TO: SUBJECT: DATE: January 17,2003 This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from seven I,J) properties within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 4-03. AgmemoA V.Res No 4-03 RESOLUTION NO. C-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FI.ORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DEJ..RAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DEJ..RAY BEACH; SETTING OUT ACTUAl. COSTS INCURRED BY THE CITY TO ACCOMPJ..ISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOJ..UTION, AND DECI.ARING SAID I.EVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAIJ..ING OF NOTICE OF J..IEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of De1ray Beach, involving the City'S cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 3, become a lien upon the respective lots and parce1(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of De1ray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8' per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8', and collection costs including a reasonable attorney's fee. Res. No. 4-03 2 Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the , 2003. day of MAYOR ATTEST: City Clerk Res. No. 4-03 3 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT ROSEMONT VILLAS, UNIT B, LOT 6, PB 29, P 183, ANGIL ALEXANDER PUBLIC RECORDS OF PALM BEACH COUNTY, FL 826 SW 5TH AVENUE (826 SW 5TH AVENUE) PO BOX 1834 1243462033000 0060 DELRAY BEACH, FL 33447 CUST 10 # 9827 $ 35.00 $ 25.00 ADM/REC ROSEMONT VILLAS, UNIT B, LOT 15, PB 29, P 183, ALMA STRAGHN PUBLIC RECORDS OF PALM BEACH COUNTY, FL 813 SW 5TH AVENUE (813 SW 5TH AVENUE) DELRAY BEACH" FL 33444 12434620330000150 CUST 10 # 9828 $ 35.00 $ 25.00 ADM/REC TOWN OF DELRA Y, LOT 23, BLOCK 41 , PB 5, P 65, JAMES CLINTON & PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROBIN Y. HOLMON (333 NW 3RD AVENUE) 333 NW 3RD AYENUE 1243461601 041 0230 DELRAY BEACH, FL 33444 CUSTID # 492 $ 35.00 $ 25.00 .ADM/REC PRIESTS ADD TO ATLANTIC PARK GARDENS, KEVIN BALLARD & LOT 23, BLOCK 2, PB 23, P 70, PUBLIC HENRY HANKERSON RECORDS OF PALM BEACH COUNTY, FL 314 SW 10TH AVENUE (144 & 146 SW 14TH AVENUE) DELRAY BEACH, FL 33444 12434617190020230 CUST 10 # 6519 $ 35.00 $ 25.00 ADM/REC PRIEST ADDITION TO ATLANTIC PARK GARDENS, LOT 23, BLOCK 2, PB 23, P 70, PUBLIC RECORDS OF PALM BEACH COUNTY, FL KEVIN BALLARD & (144 & 146 SW 14TH AVENUE) HENRY HANKERSON 12434617 190020230 314 SW 10TH AVENUE CUST 10 # 6519 DELRAY BEACH, FL 33444 $ 35.00 $ 25.00 ADM/REC 4 Res. No. 4-03 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE SOUTHRIDGE PL 3, LOTS 1 - 23, INC. & ABANDONED SW 10TH COURT RJOIW THRU FULL GOSPEL ASSEMBLY PULESS S. SWINTON AVE RJOIW, PB 24, P 24 OF DELRAY BEACH, INC. 1243462017 000 0010 143 NW 6TH AVENUE CUST 10 # 6729 DELRAY BEACH, FL 33444 $ 90.00 $ 25.00 AOM/REC SOUTH RIDGE PL 3, LOTS 1 TO 23, INC. & FULL GOSPEL ASSEMBLE ABANDONED SW 10TH COURT RJOIW THRU OF DELRAY BEACH, INC. PULESS S. SWINTON AVE RJOIW, PB 24, P 24, 143 NW 6TH AVENUE PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, Fl.33444 (1050 SOUTH SWINTON AVENUE) 1243462017000 0010 CUST 10 # 6729 $ 90.00 $ 25.00 AOM/REC VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE 5 Res. No. 4-03 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER/7l1 AGENDA ITEM: <its - REGULAR MEETING OF JANUARY 21. 2003 RESOLUTION NO. 5-03 TO: SUBJECT: DATE: JANUARY 17, 2003 This is a resolution assessing costs for abatement action required to remove nuisances on eighteen (18) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 5-03. AgmemoCE.Res No 5-03 RESOLUTION NO. 5-03 A USOLUTION or TD CITY COIIIIJ:SSION or TD CITY or IlnoRAY BaACK, rLORIIlA, PUltSUAJIT TO CBAP'l'BR 100 or TD COIlB or OIUlIXANClIS or TD CITY or IlBLRAY BaACK, ASSBSSINQ COSTS rOR AlSATDTQ IlUISANClIS UPON CBRTAIN LANIl(S) LOCATIII) WITHIN TD CITY or IlIILRAY BaACK ANI) PROVIIlINQ THAT A IIOTIClI or LID lIHALL ACCOXPANY TD JIOTIClI or ASSBSSDNT I SBTTINQ OUT ACTl1AL COSTS DlctlJUlBI) BY TD CITY TO ACCOMPLISH SUCK AlSATJDIIDIT ANI) LIrVYINQ TD COST or SUCK AlSATJDIIDIT or IllnSANCBS, PROVIllmQ rOR AN .rnCT:rvJ: IlATIl ANI) rOR A I)UB IlATIl ANI) IIn'DBST ON ASS.SSDNTS, PROVIIlINQ rOR TIIII lUICOIUlINQ or THIS USOLUTION, ANI) Il.CLARINQ SAIIl LIrVY TO .. A LID UPON TIIII SUBJBCT PROP.RTY rOR UNPAIIl ASS.SSKIINTS. WBBRBAS, the City MaDag.r or hi. d..ign.t.d repr..ent.tiv. ba., pur.uant to Ch.pt.r 100 of the Cod. of Ordinanc.., d.cl.r.d the _i.t.nc. of . nui.anc. upon c.rt.in lot. or p.rc.l. of land, d..crib.d in the li.t .tt.ch.d h.r.to and mad. a p.rt h.r.of, for viol.tion of the provi.ion. of Chapt.r 100 of the Cod. of Ordinanc.., and, WBBRaAS, pur.uant to S.ction 100.20, 100.21 and 100.22 of the Cod. of Ordinanc.. of the City of Il.lr.y B..ch, the City MaD.g.r or hi. d..ign.t.d r.pr...nt.tiv. ba. in.p.ct.d .aid land(.) and ba. d.t.~n.d that . nui.anc. axi.t.d in .ccordanc. with the .tand.rd. ..t forth in Ch.pt.r 100 of the Cod. of Ordin.nc.., and did furni.h the r..p.ctiv. own.r(.) of the land(.) d..crib.d in the .tt.ch.d li.t with writt.n notic. of public nui..nc. pur.u.nt to S.ction. 100.20, 100.21 and 100.22 of the Cod. of Ordinanc.. d..cribing the n.tur. of the nui.anc.(.) and ..nt notic. that within t.n (10) d.y. from the data of ..id notic. forty-two (.2) day. in the c... of viol.tion of S.ction 100.0. p.rt.ining to ...wall.) th.y _.t abat. ..id nui.anc., or fila . writt.n r.qu..t for . h..ring to r.vi.w the d.ci.ion th.t . nui.anc. _i.t.d within t.n (10) d.y. from the data of ..id notic., f.iling which the City of Il.lr.y B..ch would proc..d to corr.ct thi. condition by ab.ting .uch nui.ance, and that the co.t th.r.of would b. l.vi.d .. an ........nt .g.in.t ..id prop.rty, and, WBBRBAS, the prop.rty own.r(.) named in the li.t .tt.ch.d h.r.to and mad. . p.rt h.r.of did f.il and n.gl.ct to abat. the nui.anc.(.) exi.ting upon th.ir r..p.ctive land. or to properly requ..t . h..ring pur.uant to S.ction 100.21 and 100.22 .ithin the time limit. pr..crib.d in aaid notic. and Chapt.r 100 of the Cod. of Ordinanc.., or if the prop.rty own.r(a) did r.qu..t and r.c.iv. a h..ring, aaid prop.rty own.r(.) fai1.d and/or n.gl.ct.d to abat. auch nui.anc.(.) within the time de.ignat.d at the hearing .herein e deci.ion .a. rander.d adver.e to the prop.rty owner(.) I and, ""wa.s, the City of Ilelray B.ach, through the City Adm1ni.tration or .uch agent. or contractor. hir.d by the City Adm1ni.tration .aa therefore required to and did _ter upon the 1and(.) de.crib.d in the li.t attached and ..de a part hereof and incurred co.t. in abating the aubj.ct nui.ance(.) _i.ting thereon .. da.crib.d in the Ilotice, and, WBBRBAS, the City MaDag.r of the City of Jlalray Beech ba., pur.uant to Chapt.r 100 of the Cod. of Ordinance. of the City of Jlalray Beach, .ubmitted to the City CCIIIIIl1..ion . report of the co.t. 1Dcurr.d in ab.ting ..id nui....c.(.) .. .for...id. ..id report indic.tinSJ the co.t. p.r p.rc.1 of l...d invo1v.d, and. WJlBRBAS. the City CCIIIIIl1..ion of the City of Da1r.y ...ch. pur.u...t to Chapt.r 100 of the Cod. of Ordinanc.. d..ir.. to ...... the co.t of ..id nui....c. (.) .g.in.t ..id prop.rty own.r(.). IIOW. '1'IIBUrORB. .. IT RBSOLYml .Y TIIII CITY COMKl:SSIOII or TIIII CITY or D.LRAY .nes. rLOllIDA. AS rOLLOWS. S.ction 1. Th.t ........nt. in the individu.1 ........t. .. .hown by the r.port of the City KeD.g.r of the City of D.1r.y ...ch. involving the City'. co.t of ab.ting the .for...id nui....c.. upon the lot. or p.rc.1. of l...d d..crib.d in ..id r.port. . copy of which i. .tt.ch.d h.r.to ...d ..d. . p.rt h.r.of. .r. h.raby 1.vi.d .g.in.t the p.rc.1(.) of land d..crib.d in ..id r.port ...d in the amount(.) indic.t.d th.r.on. S.id .....amant. .0 1.vi.d .h.11. if not p.id within thirty (30) d.y. .ft.r ..i1inSJ of the notic. d..crib.d in S.c. 3. b.come . lien upon the r..p.ctiv. lot. ...d p.rc.1 (.) of l...d d..crib.d in ..id report. of the ...... natur. and to the ._. ext.nt .. the 1i.n for g.n.r.1 city t..... and .h.11 b. co11.ctib1. in the ._. ...nner .. mortg.g.. ...d for.c1o.ur.. .r. ....d.r .t.t. 1.w. Section 2. Th.t .uch .........nt. .h.11 b. 1.g.1. v.1id ...d binding ob1ig.tion. upon the prop.rty .g.in.t which ..id ........nt. .r. 1.vi.d. S.c tion 3. Th. t the Ci ty C1.rk of the Ci ty of Da1r.y ...ch i. h.raby dir.cted to imm.diet.1y ...i1 by fir.t c1... ...i1 to the own.r (.) of the prop.rty. .. .uch own.r.hip .pp..r. upon the r.cord. of the Co....ty Tax Aa....or. notic.(.) th.t the City CCIIIIIl1..ion of the City of D.1r.y ...ch on the ha. l.vi.d ... ........nt .g.in.t ..id property for the co.t of ab.tement of ..id nui....c. by the City. ...d th.t ..id ......mant i. du. ...d p.yab1. within thirty (30) d.y. .ft.r the ...i1inSJ d.t. of ..id notic. of ......m.nt. .ft.r which . li.n .ha11 b. p1.c.d on ..id property. ...d int.r..t .i11 .ccru. .t the r.t. of 8\ p.r aDDum. p1u. r...onab1. .ttorn.y'. f... ...d oth.r co.t. of c011.cting ..id .U1U. A Notic. of Li.n .ha11 b. ...i1.d. .10ng with the Notic. of A.......nt and thi. r..olution. S.ction ... Th.t thi. r..o1ution .ha11 !:I.come .ff.ctiv. thirty (30) d.y. from the dat. of .doption ...d the .....amant (.) cont.in.d her.in .ha11 b.come du. ...d p.yable thirty (30) day. .ft.r the ..iUng dat. of the nodc. of .dd ....._.nt (.). .ft.r which . 1i_ .ha11 b. pl.c.d on ..id prop.rty(.). and int.r..t .ha11 .ccru. .t the r.t. of .ight (8) p.rc.nt par aDDum p1u.. if co11.ction proc..ding. are n.c....ry. the co.t. of .uch proc..ding. including. r...onab1. .ttorn.y'. f... S.ction 5. That in the .v.nt that p.yment ha. not been r.c.i".d by the City C1.rk within thirty (30) day. .ft.r the ..i1ing dat. of the notic. of ........nt. the City Cl.rk i. h.reby dir.ct.d to r.cord . c.rtifi.d copy of thi. r..olution in the public r.cord. of P.lm ...ch County. rlorida. and upon the dat. and time of r.cording of the c.rtifi.d copy of thi. r..o1ution . 1i.n .ha11 b.come .ff.ctiv. on the .object prop.rty which .h.l1 ..cur. the co.t of ab.tement. inter..t .t the r.t. of 8\. ...d col1.ction co.t. including. r...onab1e .ttorn.y'. f... 2 Res. No. 5-03 PASSaIl AJlIl AIXlPTaIl iD r.gular ....iOD OD thi. the . 2003. day of MAYOR ATTEST: City Clerk 3 Res. No. 5-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT TOURIST NOOK DELRA Y, LOT 5, BLOCK A, PB 11, P 47, PUBLIC RECORDS OF J. STEPHENSON & PALM BEACH COUNTY, FL PEATROLIA STEPHENSON 12434617250020050 245 NW 10TH AVENUE (245 NW 10TH AVENUE) DELRAY BEACH, FL 33444 CUST ID # 8402 $ 58.10 $ 55.00 ADM FEE ATLANTIC GARDENS DELRAY, LOTS 2 & 3, CARRIE JOHNSON BLOCK 9, PB 1, P 3, PUBLIC RECORDS OF c/o JUANITA BECKETT PALM BEACH COUNTY, FL 410 NW 7TH AVENUE (SW 11TH AVENUE) DELRAY BEACH, FL 33445 12434617230090020 CUST ID # 7815 $ 55.45 $ 55.00 ADM FEE TOWN OF DELRAY, S 37.5 FT OF N 75 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 RUBY L. HARRIS OF S 1/2, BLOCK 4, PB 1, P 3, C/O P.C. WELLS PUBLIC RECORDS OF PALM BEACH 7012 SUNNYSIDE LANE COUNTY, FL FT. WASHINGTON, MD I (NW 7TH AVENUE) 20744-4325 1243461601004 0010 CUST ID # 892 $ 58.10 $ 55.00 ADM FEE TOWN OF DELRAY, W 35 FT OF E 135 FT OF N 100 FT & S 50 FT OF N 100 FT OF E 35.5 FT ETHEL BAINE OF W 135.5 FT OF BLOCK 31, PB 1, P 3, C/O G. H. BAIN PUBLIC RECORDS OF PALM BEACH COUNTY, FL 545 NW 5TH STREET (410 SW 2ND STREET) BOYNTON BEACH, FL 33435 12434616010310040 CUST ID # 91 $ 40.45 $ 55.00 ADM FEE LA HACIENDA, DELRAY, LOTS 3 & 4, BLOCK D, PB 15, P 6, PUBLIC RECORDS OF FRANCIS LUDLOW & PALM BEACH COUNTY, FL NANCY J. LUDLOW (706 NORTH LAKE AVENUE) 326 NW 4TH AVENUE 1243460911 004 0030 BOCA RATON, FL 33432 CUST ID # 9769 $ 50.45 $ 55.00 ADM FEE 4 Res. No. 5-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE TOWN OF DELRAY, N 1/2 OF LOT 5. BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF PALM AMY CHARLOW BEACH COUNTY, FL 125 SW 5TH AVENUE (125 SW 5TH AVENUE) DELRAY BEACH, FL 33444 1243461601 0300051 CUST 10 # 535 58.10 55.00 ADM FEE DELRAY BEACH HIGHLANDS SECTION " LOT 26, BLOCK 3, PB 26, P 209, PUBLIC RECORDS OF PALM BEACH COUNTY, FL WASHINGTON MUTUAL BANK (1228 SOUTH CONGRESS AVENUE) 1201 3RD AVENUE 12434619020030260 SEATTLE, WA 98101 CUST 10 # 9716 50.45 55.00 ADM FEE ATLANTIC PARK GARDENS, DELRAY, LOT 13, BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL DAISYS M. RAY (17 SW 13TH AVE. - VACANT LOT) P. O. BOX 74 12434617180020130 LENOX, GA 31637-0074 CUST 10 # 74 55.00 55.00 ADM FEE ATLANTIC GARDENS DELRAY, LOT " BLOCK 9, PB 14, P 63, PUBLIC RECORDS OF PALM ANNIE M. WATT & BEACH COUNTY, FL MAGGIE L. WATT (SW 11TH AVENUE) 336 SW 5TH AVENUE 124346 17 23 009 0010 DELRAY BEACH, FL 33444 CUST 10 # 129 104.50 55.00 ADM FEE TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 FT OF BLOCK 24, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ADELENE JENKINS (322 SW 5TH AVENUE) P.O. BOX 1993 1243461601 0240040 DELRAY BEACH, FL 33447 CUST 10 # 187 55.00 55.00 ADM FEE 5 Res. No. 5-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE TOWN OF DELRAY. N 50 FT OF S 150 FT OF 135 FT PAULINE RICE ESTATE OF BLOCK 13, PB 1, P 3, PUBLIC RECORDS OF C/O BERNARD WRIGHT PALM BEACH COUNTY, FL 836 ETOWAH RIDGE (40 SW 6TH AVENUE) STOCKBRIDGE, GA 30281 12434616010130180 CUST 10 # 217 114.00 55.00 ADM FEE TOWN OF DELRAY, W 50 FT OF E 200 FT OF S 135 FT OF S 1/2 OF BLOCK 22, PB 1, P 3, JOHNNIE MARTIN, JR. PUBLIC RECORDS OF PALM BEACH COUNTY, FL 215 SW 7TH AVENUE (515 SW 1 NO STREET) DELRAY BEACH, FL 33444 1243461601 0220180 CUST 10 # 259 55.00 55.00 ADM FEE TOWN OF DELRAY, LOTS 8 & 9, BLOCK 15, PB 1, P 3, PUBLIC RECORDS OF PALM ALFREDA GORDON BEACH COUNTY, FL 1824 NW 68TH STREET (SW 7TH AVENUE) MIAMI, FL 33147-7458 12434616010150080 CUST 10 # 475 63.50 55.00 'ADM FEE SUB OF SECTION 8-46-43, S 135 FT OF E 60 FT OF W 250 FT OF SW 1/4 OF TRACT 5, PB 1, P 3, JOHN D. WELLS PUBLIC RECORDS OF PALM BEACH COUNTY, FL 310 WASHINGTON AVENUE (709 NW 4TH STREET DELRAY BEACH, FL 33444 12434608210050130 CUST 10 # 7378 33.50 55.00 ADM FEE CARVER SQUARE, LOTS 26 & 27, PB 77, P 57, ED & ALBERTA DANIELS PUBLIC RECORDS OF PALM BEACH COUNTY, FL 600 LINDELL BLVD. # 117A (717 SW 3RD STREET) DELRAY BEACH, FL 33444 1243461731 0000260 CUST 10 # 9535 325.00 55.00 ADM FEE 6 Res. No. 5-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE lANE SUBDIVISION, LOT A, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL PRIME HOMES AT NO. BEACH (HAMMOND ROAD) c/o REG. AGENT S. GREENFIELD (1243460977 000 0010 7000 W. PAlMETTO PK RD. # 402 CUST 10 # 9719 BOCA RATON, FL 33433 92.00 55.00 ADM FEE lANE SUBDIVISION, LOT A, PB 1, P 3, PRIME HOMES AT NO. BEACH PUBLIC RECORDS OF PALM BEACH COUNTY, FL c/o REG. AGENT S. GREENFIELD (HAMMOND RD 1ST-VACANT LOT EAST OF) 7000 W. PALMETTO PK RD. # 402 1243460977 000 0010 BOCA RATON, FL 33433 CUST ID # 9719 59.45 55.00 'ADM FEE lANE SUBDIVISION, LOT B, PB 1, P 3, PRIME HOMES AT NO. BEACH PUBLIC RECORDS OF PALM BEACH COUNTY, FL c/o REG. AGENT S. GREENFIELD 7000 W. PAlMETTO PK RD. # 402 (HAMMOND RD. VAC. LOT) BOCA RATON. FL 33433 CUST ID # 9719 59.45 55.00 ADM FEE VIOLATION IS: SECTION 100-01 . LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. 7 Res. No. 5-03 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # - REGULAR MEETING OF JANUARY 21. 2003 GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORATION TO: SUBJECT: DATE: JANUARY 17, 2003 This is before the Commission to approve the acceptance of the Florida Department of Transportation Grant Award in the amount of $39,308.00 for the purchase of one vehicle and related speed enforcement equipment for the Police Department's Speed Enforcement program. Recommend acceptance of the Florida Department of Transportation (FD01) Grant Award in the amount of $39,308.00 to be used for the Delray Beach Speed Enforcement Program. S:\City Clcrk\chcvcllc f()ldcr\a~'Tlda memos\Spted Enforcement FDOT Grant.01.21.03 5612437166 CITY OF DELRAY BEACH 768 P02/05 JAN 06 '03 16:38 ~ t ~,.". I'r-, ,-,_. -.., JEB BUSH GOVERNOR Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450 THOMAS F. BARRY, JR. SECRETARY November 26, 2002 Mr. David T. Harden City MlUIager City of Delray Beach 100 NW 1st Avenue Deb..y Beach, Florida 33444 RE: Delray Beach Speed Enforcement Program Project No.: FS-03-27-l7 D.O.T. COlllrllctNo.: AN082 Dear Mr. Harden: Your application to tbe Florida Department ofTransponation for highway safely funds has been approved. We are pleased to make this award in the amount of 539,308 to your agency for !be plllp08e of purchasing one fully equipped patrol vehicle to enhance traffic enforcement In the City ofDelray Beach. A copy of the approved project agreement with the referenced project number and title is enclosed for your file. All con:espondence with the Depamnent should always refer to the project number and title. Please direcr your attention to Part V of the subgranr entitled "AcCeplllnce and Agreement" _ These conditions should be reviewed carefully by those peraons responsible for project administration to avoid delays in project completion aJld cost reimbursements. The effective date of the agreement is Novembet 25, 2002 and only those COSU; incurred on or after that date aJld before October I, 2003 are eligible lVr reimbursement. AI a reminder, Pan V requires that all reimbursement claims must be submitted monthly, as costs are incum:d. Claims not submitted as required may be grounds for termination of your subgrant. If your subgrant contains personnel. you must provide this office with the name of the individual wbose salary is covered und.... the grant. If notificatiOn is not provided to this office, salary will not be reimbursed. In addition, if personnel changes occur during the grsnt period, this office must be notified immediately. We look forward to working with you on this project. If you have lUIY questions or need assistance, please contact Lisa Helms at (850) 488-5455, who will be coordinating this activity. Sincerely, ~c~ Slllte Safety Engineer f(' "- GER:njl Enclosures ee: Chief Joseph L. Schroeder David Junghans Joseph Safford Josephine Jones Troy Ayers www.dot.state.f1.ua $ Al!CVClEIJ_R 5612437166 CITY OF DELRAY BEACH 768 P03/05 JAN 06 '03 16:39 STATE OF FLORIDA DEf'AR'TLtEN'T Of: TRANSPORTA'TION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS 5QC)..()6S-Ql SAF"'" 0"'" ForD.O.T. US60nly Project Number: FS-03-27-17 DOT Contract Number: AN082 Federal Fundi Allocated: $39,308_00 Date Approved: 11/25/02 SUbgrsnt Period: November 25, 2002 to September 30, 2003 Date Revl.ed: SUbgrant History; (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applicatfons) , 1. Project Title: Oslray Beach Speed Enforcement Program 2. Type of Application: @ Initial o Continuation 3. Reque5ted Subgrant Period: 9/112002 to 9/30/2003 4. SuPPOrt Matching Total Sought: $39,308 Share: $0 Budget: $39,308 6. Applicant Agency (Subgrantee): 8. Implementing Agency: City of Delray Beach Del~ Beach Police Department 100 NW 1st Avenue 300 eat AUantic Avenue Delray Beach, FL 33444 Delray Beach, FL 33444 David T. Harden, City Manager Joseph L Schroeder, Chief of Police Telephone: (561) 243-7010 Telephone: (561) 243-7851 7. Federal 10 Number: 8. State SAMAS Number (State Agencies) 596000308E..O 7 9. Chief Financial Officer: 10. Project Director: City of Delray Beach Delray Beach Police Department 100 NW 1st Avenue 300 West Atlantic Avenue Delray BeaCh, FL 33444 Delray Beach, FL 33444 Joseph Safford, Finance DIrector David Junghans, Administrative Services Director Telephone Number: (561) 243.7116 Telephone Number: (561) 243-7852 Fax Number: (561) 243-7166 Fax Number: (561) 243-7816 E-Mail Addresa: Safford@ci.de/ray-beach.fl.us E-Mail Address: Junghans@cI.delray-beach.f1.us Subgrant funds provided by the U.S. Department of Transportation , National Highway Traffic Safety Administration, Catalog of Foderal Domestic A,../atene. Number - 20.80..s ' State and Community Highway Safety Program, through the Florida Depsrtment of Transporatation. 1. 5612437166 CITY OF DELRAY BEACH 768 P04/05 JAN 06 '03 16:39 . Project Title: Delray Beach Speed Entlrcement Program Project Number. FS-03~27-17 Contract Number; AND82 BUDGET CATEGORY TOTAL FEDERAL NON-FEOERAL FUNDING STATE LOCAL A. Personnel Services N/A Sub-total B. Contractual Services NlA Sub-total C. Expenses N/A Sub-total D. Operating Capital Outlay 1. 2003 Chevrolet Suburban 4X4 , 32,008 $ 32,008 2. In-car radar unit $ 3,500 $ 3,500 3. In-oar video unit , 3,800 $ 3,800 Sub-total $ 39,308 $ 39,308 E. Indirect Cost Sub-total Total Cost of Project $ 39,308 $ 39,308 ........, Part 11/: PROJECT DETAIL BUDGET "AmY 0..., Budget Modification Number. 5. Effective Date: 5612437166 CITY OF DELRAY BEACH 768 P05/05 JAN 06 '03 15:40 BUDGET NARRATIVE soo.oo"", SAFrn' 06102 Project Title; Delray Beach Speed Enforcement Program Project Number: FS-03-27-17 Contract Number: AND82 The fOllowing is e narrative descripllon of the project budget by line Item by category, detailing the Item and anticipated cost Each category must be sufficiently defined to show cost ~lationship to project objectives. Attach i1dditional sheets as needed. D. Operating Cepital Outlay 1. Patrol vehicle'; 2003 Chevrolet Suburban 4X4 a. Vehicle options'; 1. Cla5s IV towing package 2. Third key 3. Ralnshield 4. Dual AIC 5. Front tow hooks 6. Electric rear defogger 7. Deep tinted glass (~ar) 8. Skid plate package 9. Captains chairs (front) $28,939.00 265.00 36.00 86.00 890.00 38.00 154.00 305.00 95.00 1,200.00 'These options are based on the 2002 Sheriff's Allocation Bid. The availability of options may change with the 2003 bid. 2. In-car radar unit: $ 3,500.00 Front and rear units. System manufactured by the Decatur Electronics, Inc. 3. In-car video unit: System manufactured by the Federal Signal Company $ 3,800.00 6. Budget Modification Number: ElTec:tive Date; AGENDA ITEM NUMBER: qs:.~ AGENDA REQUEST Date: January 7, 2003 Request to be placed on: ~ Consent Agenda Special Agenda Workshop Agenda When: Jan uary 23, 2003 Description of agenda item: Request Commission to accept the Delray Beach Speed Enforcement Program grant award from the Florida Department of Transportation (FOOT). The grant award is in the amount of $39,308 to purchase a 2003 Chevrolet Suburban 4X4. The vehicle will be used for education and enforcement initiatives. The grant application was signed by Mr. Harden on September 24, 2002 and approved by FOOT on November 11, 2002. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: Approval .~~ Department Head Signature: Detennination of Consistency with Comprehensive Plan: N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review N/A (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: L l1!L No .d . n '~~ 1)./1 0 /\.An Hold Until: ,~ fJQ... ~~~ -I-- tl'P. ~ - \< Agenda Coordinator Review: l' ~U.r"~ "J Approved for Agenda: Received: Action: Approved: Disapproved: P.O. # Delray Beach Police Department 300 West Atlantic Avenue. Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 Joseph L. Schroeder Chief of Police MEMORANDUM TO: Barbara Garito City Clerk Director FROM: David Jungha s Administrative Se DATE: January 14, 2003 SUBJECT: AGENDA REQUEST The Police Department is requesting the City Commission approve a State of Florida grant to combat DUI problems within the City. The grant will fund the purchase of a vehicle, and all the necessary equipment to support a DUI program. Additionally, the grant will partially fund a police officer position of a period of three (3) years. The total amount of the grant is $104,057.00, and it is a non-matching grant. The grant application has been submitted and approved by the Florida Department of Transportation, a copy of the approval letter is enclosed. Should you have any questions or require any additional information, please contact me at once. LDJI Enclosure ~\) Serving with P.R./.D.E. Professionalism, Respect, Integrity, Diversity and Excellence 01< ~EL'A~ .F.1.;1 b:fD:II AII.America City "111.' 1993 2001 ~ --' / , JEB BUSH GOVERNOR Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450 THOMAS F. BARRY, JR. SECRETARY January 9, 2003 Mr. David T. Harden City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach. Florida 33444 RE: Delray Beach D.U.\. Enforcement Program Project No.: AL-03-05-03 D.O.T. Contract No.: AN208 Dear Mr. Harden: Your application to the Florida Departme,{t"ofTransportation for highway safety funds has been approved. We are pleased to make this award in the amount of $1 04,057 to your agency for the purpose of creating a new DUI Specialist postion with police vehicle and equipment to enhance the Delray Beach Police Department's DUI enforcement efforts. A copy of the approved project agreement with the referenced project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Please direct your attention to Part V of the subgrant entitled "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. The effective date of the agreement is January 7, 2003 and only those costs incurred on or after that date and before October I, 2003 are eligible for reimbursement. As a reminder. Part V requires that all reimbursement claims must be submitted monthly, as costs are incurred. Claims not submitted as required may be grounds for termination of your sub grant. If your subgrant contains personnel, you must provide this office with the name of the individual whose salary is covered under the grant. If notification is not provided to this office, salary will not be reimbursed. In addition, if personnel changes occur during the grant period, this office must be notified immediately. We look forward to working with you on this project. If you have any questions or need assistance, please contact Jim Spires at (850) 488-5455. who will be coordinating this activity. Sincerely, 4~~ George E. Rice, Jr. State Safety Engineer GER: njI Enclosures cc: Chief Joseph L. Schroeder David Junghans Joseph Safford Josephine Jones Connie Hand Troy Ayers www.dot.state.fl.us * RECYCLED PAPER V"'~; _ "V1 " STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS 5<X><I6O<l. SAFETY 05102 For D. O. T. Use Only Project Number: AL-03-05-03 DOT Contract Number: AN20B Federal Funds Allocated: $104,057.00 Date Approved: 01/07/03 Subgrant PerIod: January 7, 2003 to September 30, 2003 Date Revised: Subgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: Delray Beach D.U.1. Enforcement Program 2. Type of Application: <i> Initiaf o Continuation 3. Requested Subgrant Period: 10/1/2002 to 9/30/2003 . 4. Support ',". " Matching Total Sought: $104,057 Share: $0 Budget: $104,057 5. Applicant Agency (Subgrantee): 6. Implementing Agency: City of Delray Beach Delray Beach Police Department 100 NW 1 st Avenue 300 West Atlantic Avenue Delray Beach, FL 33444 Delray Beach, FL 33444 David T. Harden, City Manager Joseph L. Schroeder, Chief of Police Telephone: (561) 243-7010 Telephone: (561) 243-7851 7. Federal ID Number: 8. State SAMAS Number (State Agencies) 596000308007 9. Chief Finaricial Officer: 10. Project Director: City of Delray Beach Delray Beach Police Department 100 NW 1 st Avenue 300 West Atlantic Avenue Defray Beach, FL 33444 Defray Beach, FL 33444 Joseph Safford, Finance Director David Junghans, Administrative Services Director Telephone Number: (561) 243-7116 Telephone Number: (561) 243-7852 Fax Number: (561) 243-7166 Fax Number: (561) 243-7816 E-Mail Address: Safford@ci.delray-beach.fI.us E-Mail Addrass: Junghans@cl.delray-beach.fI.us Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number. 20.600 ,State and Community Highway Safety Program, throug the Florida Department of Transporatatlon. 1. ~. Part II: PROJECT PLAN AND SUPPORTING DATA 5~1 SAFETY 05102 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. 1. STATEMENT OF THE PROBLEM The City of Delray Beach has recorded 206 alcohol-related crashes in the past three years. To combat this growing problem, the Delray Beach Police Department will create a two-man D.U.I. Enforcement Unit. The officers assigned to the unit will patrol high crash locations during the evening and early morning hours when the majority of alcohol-related crashes and arrests occur. Equipment will also be purchased to enable the Delray Beach Police Department to conduct enforcement measures to combat this growing problem. We have found that we are in need of material and equipment to help us maintain suppression of D.U.1. related incidents in the City. With the increase inJhe number of D.U.I. related crashes, we have found that our need to continue to educate our officers and maintail}-l~pgraded and operating equipment is continuously on the rise. D.U.I. Wolfpack operations would also be conducted four times a year. Our goal for the unit would be to arrest 200 D.U.1. offenders in one year by using both officers, and solutions from our submitted proposal. Alcohol Related Crashes Year: 1998 1999 2000 Total Number of Crashes: 816 817 910 2943 Number of DUI Related Crashes: 60 71 75 206 Percentage of Alcohol Related: 7.35 8.69 8.24 8.09 'Statistics furnished by the Florida Department of Highway Safety & Motor Vehicle The City of Delray Beach is located in the southem portion of Palm Beach County, encompassing State Road 9 (1-95). The City of Boca Raton is located to our south, and the city of Boynton Beach is located to our north. There are many other major roadways in our City such as State Roads 806, 807, 809, and State Road A1A. The City of Delray Beach has n estimated population of over 60,000 people in a county with over one million people. The winter season in this community sees a sharp increase in population with tourism and vacationers during the peak season. At this time with 154 police officers serving the city, we find ourselves in a continuous stage of growth and expansion. With growth arid change comes the everlasting need for specialty units such as D.U.1. Enforcement. The downtown sector of our community is fun filled with nightly activities. Over the past four years, dozens of drinking establishments have emerged in our area to provide entertainment and social gatherings for thousands of people on a nightly basis. Since the expansion of our downtown district, we have experienced an increase in alcohol-related crashes, as well as the increase of DUI violators. Statistics show 68% of the alcohol-related crashes and stops occurred on weekend nights between the hours of 9:00 p.m. and 3:00 a.m. More than half of the impaired drivers were arrested on weekend nights, but there has been a steady increase of impaired drivers arrested on weekday evenings as well. DUI crashes and arrests have been consistent throughout the year, but increase during the winter months. There are also three local colleges just outside our boundaries, which also attract students to our downtown area for entertainment and social drinking. Therefore, the need for an enforcement measure is of paramount for the safety of the motoring public in the City of Delray Beach. 2. / 5llO-<l6S<l1 SAFETY o5io2 2. PROPOSED SOLUTION The Delray Beach Police Department plans to create a two-man DUI unit to combat the alcohol related crash problem that has been identified in the City. These officers will receive specialized training in the detection and apprehension of impaired drivers, and they will be fumished with cars with radar, laser and in-car video units. The officers will be assigned to work primarily during the evening shift ~ours and aggressively patrol assigned areas in an effort to apprehend DUI offenders. Their patrol areas will be determined by identifying areas of high alcohol related crash occurrences. The department plans to conduct public awareness programs to make citizens of Delray Beach more educated about the DUI problem in the City. Presentations will be made to business and civic groups, student assemblies, and retirees upon their request. The officers on the DUt unit may be assigned to participate in planned public awareness activities as well. 3. OBJECTIVES Our primary objective is to reduce the number of alcohol-related accidents, which possibly could encompass the prevention of death. We will strive in displaying a high visibility of DUI enforcement presence throughout the City of Delray Beach. Our goal will be to arrest 200 DUI offenders in one year by using both officers, and solutions from out submitted proposal. We will attempt to reduce the number of alcqhol-related crashes recorded by the City of Delray Beach by applying high visibility enforcement. The agency will increase public awareness on safety belt laws through enforcement projects and education. We will educate the public regarding the hardship encountered to DUI victims. We will conduct multi-agency D.U.1. Wolfpack operations four times a year, thus showing a high profile of DUI enforcement. We will conduct DUI task force operations throughout the grant cycle at predetermined locations based on alcohol-related crash statistics. Having the proper training, equipment and manpower will only aid us in the continued efforts in lowering any and all alcohol-related incidents within the City, county, and ultimately throughout the State. 4. EVALUATION The Delray Beach Police Department will evaluate the overall success of the program by the number of contacts made during DUI enforcement, the number of DUI drivers apprehended, and the success of the public information and education awareness program concerning DUI enforcement. . 3. / Part III: PROJECT DETAIL BUDGET 5Q0.005.01 SAFElY 05102 Project Title: Delray Beach D.U.1. Enforcement Program Project Number. AL-03-05-03 Contract Number: AN208 BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services (1.) DUI Enforcement Specialist Salary $ 50,550 $ 50,550 (2.) Benefits $ 22,050 $ 22,050 Sub-total $ 72,600 $ 72,600 B. Contractual Services - N/A ~-. ~ Sub-total C. Expenses (1.) Travel, OUI Symposium $ 363 $ 363 Sub-total $ 363 $ 363 D. Operating Capital Outlay (1.) 2003 Ford Crown Victoria' $ 19,392 $ 19,392 (2.) Patrol vehicle options' $ 1 ,252 $ 1 ,252 (3.) In-car computer $ 2,100 $ 2,100 (4.) In-car video camera $ 4,850 $ 4,850 (5.) In-car radar $ 3,500 $ 3,500 Sub-total $ 31,094 $ 31,094 E. Indirect Cost N/A Sub-total Total Cost of Project $ 104,057 $ 104,057 Budget Modification Number: 5. Effective Date: / ./.// BUDGET NARRATIVE ~1 SAFETY 05102 Project Title: Delray Beach D.U.1. Enforcement Program Project Number: AL-03-05-03 Contract Number: AN208 The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets - as needed. . A. Personnel Services (1.) DUI Enforcement specialist salary, $50,550 (2.) Benefits, $22,050 (a.) Police career/education..................$1 ,560 (b.) Disability insurance..............................627 (c.) Employee Assistance Program..............47 (d.) Health insurance..............................4,914 (e.) Life insurance......................................192 (f.) FICA.................................................. 3, 886 (g.) Police pension..................................7,467 (h.) Unemployment compensation...............26 (i.) Workers compensation......................3,331 D. Operating Capital Outlay. (1.) "2003 Ford Crown Victoria $19,392.00 ~: '. (2.) *Vehicle options $1,252.00 (a.) Lim~ed slip differential............................95 (b.) Heavy-duty bucket seat..........................65 (c.) Left-hand 6" stoplight............................170 (d.) Rear-door locks/handles inoperative......20 (e.) Rear-windows inoperative......................20 (f.) Safety-bumper guards..........................216 (g.) Speed I control I tilt wheels..................215 (h.) Silicone hoses......................................300 (i.) Headlight flashers...................................91 0.) Ignition powered truck ...........................60 (3.) In-car computer system by Advance Publiee Safety Company $2,200.00 (4.) In-car radar unit (front & rear units) system manufactured by Decatur Electronics, Inc. $3,800.00 (5.) In-car video system manufactured by the Federal Signal Company $4,850.00 Budget Modification Number: Effective Date: 6. MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # q,t - REGULAR MEETING OF JANUARY 21. 2003 REVISED LEASE AGREEMENT IBUCKY DENT SUBJECT: DATE: JANUARY 17, 2003 This is before the Commission to approve a revised lease agreement between the City of Delray Beach and Bucky Dent Baseball School for the use of the Miller Park Field Complex. The lease agreement provides for a ten (10) year term with three (3) five year renewals and includes all addendums to the original agreement dated September 1, 1983. The revisions are described in more detail in the attached memorandum from our Parks and Recreation Director. The agreement has been reviewed by the City Attorney's office. Recommend approval of the revised Lease Agreement with Bucky Dent Baseball School. S:\City Clerk\chevelle folder\agenda memos\Bucky Dent.Ot.21.03 [IT' DF DELRAY BEA[H OELRA Y BEACH ~ All-America City , III I! ;1': N . ;\\iE "U: nEU~A\' 8~A.CI-1, FUJRIDA 33444 561/243-;'000 MEMORANDUM 1993 2001 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Lease Agreement with Bucky Dent Baseball School DATE: January 2, 2003 Attached please find a revised lease agreement with the Bucky Dent Baseball School for Miller Park. The original lease was from September 1, 1983 to August 31, 1998, with three five year extensions. Since the original agreement, there have been five addendums. There was some question legally as to whether the three five year extensions were enforceable. I asked the City Attorney's office to draw up a new lease agreement, including in it the information from the five addendums. All the information in the new lease is the same with the exception of the lease term. The new agreement calls for a lease of ten (10) years with three five year renewals. The major terms of the agreement are as follows: 1.) Article 3.01 prescribes that Bucky Dent shall be responsible for the maintenance of fields 1, 2, 3, 4 and 7 at Miller Park with no cost to the City. Bucky Dent will continue to contract with the City for the maintenance of fields 5, 6 and 8. 2.) Section 3.02 prescribes the maintenance functions Bucky Dent Baseball School is to carry out. 3.) Section 3.04 prescribes that the City and not Bucky Dent is responsible for the maintenance of the common areas (St. Augustine grass) . 4.) Section 3.06 prescribes that Bucky Dent shall pay $150 each month to the City for utilities. 5.) Section 4.01 prescribes that Bucky Dent has the primary use of the baseball fields from 8:00 AM to 3:00 PM weekdays. 6. ) Section 6.01 prescribes that Bucky Dent shall maintain bodily injury liability and property insurance in the amount of $1,000,000 combined single limit with the City of Delray Beach being named as additional insured. Risk Management has approved this. FF:; i'::-"- l\~ tJ'TEf4;:} 7. ) Section 6.02 prescribes that Bucky Dent shall hold the City harmless and indemnifies the City and its employees against loss, claims, cost and charges from judgment or settlement from injury to person or property. 8.) Section 7.06 prescribes that Bucky Dent shall not discriminate on the basis of race, creed, sex, age, religion or national origin. Please place this on the January 21, 2003 agenda for City Commission consideration. ~Q..~ J(~ Weldon Dijector of Parks and Recreation Attachment cc: Chevelle Nubin Agenda Coordinator Brian Shutt Assistant City Attorney Terrill Pyburn Assistant City Attorney JW:cp Ref:dhbdlsag 2 [ITY OF DELRAY BEA[N CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243.7090. FACSIMILE 561/278-4755 - ',,, J! Writer's Direct Line: 561/243-7090 MEMORANDUM 1993 DATE: June 14, 2002 TO: Jo.!ilJNeldon, orrecte~;Qf. Parks and Re.creatiop Larry Hoskins, BDBBS, Inc. FROM: Terrill Pyburn, Assistant City Attorney .~ SUBJECT: Buckv Dent Lease Aqreement Attached is a revised copy of the Lease Agreement. Please review it and let me know if you have any questions, comments, or suggestions. Thank you. TCP/tp Attachment ~~CEJ'EDJ!J~ 1 7 2002 LEASE AGREEMENT THIS LEASE is made and entered into by and between the CITY OF DELRAY BEACH, Lessor, and BDBBS, Inc., Lessee, this day of , 2002. 1.01 Lessor, for and in consideration of the rents, covenants and conditions herein contained to be kept, performed and observed by Lessee, does non-exclusively lease and demise to Lessee and Lessee does rent and accept from Lessor the real property referred to as the leased land, known as the Miller Field Complex, and the adjoining land area, all more particularly described on attached Exhibit "A", made part of this lease. 1.02 Lessor hereby represents and warrants that Lessor is the owner in fee simple absolute to certain portions of those grounds subject to this lease and in possession of the remaining portions of said grounds by virtue of a ground lease, subject only to covenants, conditions. restrictions, easements and other matters of record and of said ground lease. 1.03 Lessor hereby represents that those portions of said grounds held by virtue of a ground lease may be sublet by Lessor subject to the conditions thereof and the terms and conditions of the ground lease are incorporated herein. A copy of said ground lease is attached hereto and made a part hereof as Exhibit "B". 1.04 Lessor further represents that Lessor's municipal charter and municipal code authorize, grant authority and otherwise permit Lessor to lease the leased land, and that Lessor has conformed with all provisions relating to public notice and hearing and has otherwise complied with all requirements for the leasing of City property. 1.05 Lessor covenants and agrees that Lessee, upon complying with and keeping the covenants, conditions and terms of this lease to be performed or kept by Lessee, shall lawfully and quietly hold, occupy and enjoy the leased land without hindrance or molestation of Lessor or any person claiming under Lessor, except as provided below. 2.01 This lease shall be for a term of ten (10) years, referred to as the lease term, commencing and expiring Three five (5) year renewals may be effected automatically unless terminated by either party in writing pursuant to sections 5.02 and 5.03. Lessee shall have the right of first discussion for any baseball school at the Miller Field complex should the City Council desire to so utilize Miller Field Complex at the expiration of this lease. 3.01 Lessee shall be responsible for the maintenance of fields 1,2,3,4 and 7 at Miller Park at no cost to Lessor. Lessor shall contract with Lessee for the maintenance of fields 5, 6 and 8 as indicated in the diagram attached as Exhibit "C". At such time when the Lessor determines through examination of Lessee's records that Lessee has sufficient funds available, the parties agree that they will renegotiate the terms for maintenance of the fields. 3.02 During the lease term, and in accordance with the reasonable requests or schedule of Lessor, including any extensions thereof, Lessee shall perform, pay for and otherwise provide the following: (a) Mow, edge, drag, lime, repair bases, fertilize, irrigate, treat for insects and weeds, and such other associated general maintenance which is commonly performed to render and maintain a baseball field in playing condition on those fields now included on the leased land. Lessee shall add clay as may be required for regular maintenance and the cost of such clay shall be shared equally with Lessor. 2 (b) Replace all sod on the baseball fields; provided, however, if it is clearly shown that damage to the grass surface is from an athletic event or program not contemplated in this lease or under the control of Lessee, Lessee shall not be responsible for said sod replacement. (c) Replace batting cage nets as necessary. The cost of replacing batting cage nets shall be shared equally between Lessor and Lessee. (d) Maintain and/or replace windscreen as necessary with costs to be shared equally between Lessor and Lessee. 3.03 Lessee shall not construct, alter or otherwise modify the leased property without Lessor's authorization and consent and approval as to design, to be given in a manner consistent with Lessor's charter, code and common practices. Lessor shall approve the design of such improvements and/or modifications as it desires. 3.04 Lessee shall not be responsible for the maintenance, upkeep or repair of the common areas (those areas that have St. Augustine grass) meant to include the permanent structures, bleachers, parking lot, toilet facilities, fences, lights, poles and unplanted/unsodded areas (except the baseball diamonds or other clay surfaces) and the pumps/ irrigation system. In the event that Lessee or any person acting under the authority of Lessee herein shall damage any of the above-mentioned common areas, excluding ordinary wear and tear. Lessee shall repair such damage or replace such, if necessary, at Lessee's cost, within a reasonable period of time not to exceed ninety (90) days. 3.05 Lessee shall be responsible for providing and maintaining the mowers and related equipment necessary for the maintenance of the fields as above-set forth. This machinery may be stored at the Lessor's storage facility or at such other storage facility as Lessor shall provide for this purpose. 3 3.06 Lessee shall pay to Lessor, as a contribution to utilities, the sum of one hundred and fifty dollars ($150.00) per month. Lessee shall also be responsible for all applicable state sales tax. 3.07 Lessee may construct and/or place. upon the approval as to location and design by the Director of Parks and Recreation and City Manager, a sign on the Miller Field Complex designating such as its site of operation; provided, however, Lessee must follow all permit procedures and zoning and sign regulations as set forth in the Code of Ordinances of the City of Delray Beach and in accordance with any other applicable governmental entity's laws, regulations, rules and procedures. 4.01 Lessee shall have the primary use of the baseball fields on the leased land between the hours of 8:00 A.M. through 3:00 P.M. on weekdays. Lessor shall continue to have primary use of the leased land from 3:00 P.M. through 8:00 A.M. and during all hours on weekends and holidays. Lessee may be permitted the use of such facility on weekends between the hours of 8:00 A.M. through 3:00 P.M. upon thirty days notice and the consent of the Director of Parks and Recreation. Lessee shall have the right to use the leased land for purpose of operating a baseball training school. Lessee shall permit the use of fields by other persons which it is not using during those periods when it has primary use of the fields. If Lessor desires to permit the use of said unused fields by persons other than Lessee, it may. In its permitting process, Lessor shall, on a request basis, establish which fields are not being used by Lessee and are available for the use of others. 4.02 Lessor reserves the right to use any or all of Lessee's fields during the times above-indicated for a maximum of five (5) days; provided, however, that in 4 consideration of the scheduling requirements of Lessee, Lessor shall give Lessee three (3) months prior notice of Lessor's intent to utilize the fields and Lessor shall provide Lessee with alternate facilities. The notice of intent to utilize the fields shall contain the number of fields to be used by Lessor and the specific alternate available fields. 4.03 Lessee shall have non-exclusive use of the common areas and toilet facilities during the periods set forth above. 5.01 If Lessee shall fail to perform under the terms and conditions of this lease, or shall fail to maintain the leased land as set forth above, Lessor shall notify Lessee of such failure and Lessee shall have a reasonable time, not to exceed 14 days, to correct the failure. If Lessee does not or is unable to correct such failure. then Lessor, at its option, may cancel this lease or the remaining term thereof. 5.02 Lessor may not terminate this lease without just cause, and then only upon sixty (60) day's notice if said just cause results from Lessee's action or inaction, and no less than one (1) year if said just cause results from events beyond the control of Lessor or Lessee. 5.03 Lessee may terminate this lease upon eighteen (18) months notice to Lessor. 5.04 Notice of termination shall be in writing, delivered by certified mail, return receipt requested, respectively sent to: (Lessee) BDBBS, Inc. (Lessor) B. Michael Wiggins, President 490 Dotterel Rd. Delray Beach, Florida 33444 City of Delray Beach Department of Parks & Recreation 100 N.W. 1 st Avenue Delray Beach, Florida 33444 It is the obligation of the parties hereto to provide the other with current mailing addresses. 5 5.05 In the event that there is an act of God, war or terrorism that renders one or both parties unable to perform in accordance with the terms of this lease, then the lease shall be terminated by both parties in writing. 6.01 Lessee shall procure and maintain bodily injury liability and property insurance in the amount of $1,000,000.00 combined single limit. Proof of insuraClce shall be filed with Lessor's City Manager or his designee. The conditions of this paragraph are conditions precedent to the effectiveness of this agreement. The City of Delray Beach shall be named as an additional insured by the terms of such insurance policy, and shall be notified thirty (30) days prior to the cancellation or modification of such. The terms of the policy shall provide that failure to so notify the Lessor shall render any cancellation or modification ineffective. Failure of Lessee to comply with the terms and conditions of this paragraph shall immediately render this agreement null and void notwithstanding any other provision to the contrary. 6.02 Lessee shall, to the extent allowed by law, hold Lessor harmless and indemnify Lessor and its employees against loss, claims, costs, and charges, including attorney's fees, from judgment or settlement in lieu of judgment or proceeding which arise from injury to person or property, which injury is a consequence of the use or maintenance of the leased land, or the activity of Lessee with respect to the leased land or performed by Lessee or any person acting under the authority of Lessee pursuant to this agreement. 7.01 Lessor shall perform all maintenance to the common areas of the leased land. Lessor shall provide at its cost the fill necessary to keep the fields at the grade 6 quality as determined by its engineers. Lessee shall perform at its cost the actual grading labor if and when it is necessary. 7.02 Lessor may, but shall have no duty to, inspect the leased land and notify Lessee of any defects in maintenance or upkeep required under this lease. 7.03 Lessee shall be responsible for any taxes or assessments levied against the leased land under any law now in effect or later enacted during the lease term. Notwithstanding the provisions contained in paragraph 5.03 above, should Lessee's tax liability exceed one thousand ($1,000.00) dollars, annually, Lessee may cancel this lease upon sixty (60) days notice. 7.04 Lessor reserves the right to install lighting on any fields constructed by Lessee. 7.05 Lessor shall not impose any taxes or franchise fees on Lessee's operation of school sessions during the term of this lease. 7.06 Lessee agrees not to discriminate on the basis of race, creed, sex, age, religion or national origin. 8.01 Lessee shall not assign or otherwise transfer this lease without the written consent of Lessor. A transfer of the operation and/or control of the Lessee corporation shall be deemed to be an assignment of this lease for purposes of this lease. 8.02 Lessor shall not permit the use of the leased land by any other baseball training school for so long as this lease is in effect. 9.01 Lessor reserves the right to examine, audit, and inspect all books, records and documents regarding the operation of the Lessee's business with reasonable notice. Notwithstanding any provision to the contrary, should Lessee become insolvent, 7 file for bankruptcy or reorganization, become inactive, or dissolve during the period of this lease, this lease shall be immediately null and void. 9.02 Lessee shall convey to Lessor any and all interest in any leasehold improvements upon the ineffectiveness of this lease. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: MAYOR City Clerk WITNESSES: THE BDBBS, INC. By: B. Michael Wiggins, President Approved as to form: Notary Public City Attorney My Commission Expires: ,2002. State of County of 8 I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgements, personally appeared known to me to be the person described in and who executed the foregoing instrument as a corporation organized under the laws of the state of He acknowledges before me that he executed the foregoing instrument as such officer in the name and on behalf of the corporation and that he also affixed thereto the official seal of the corporation. SWORN TO AND SUBSCRIBED before me this day of 2002. Notary Public My Commission Expires: 9 EXHIBIT "A" That. part of Lot 6, lying West of the Florida East Coast Railroad right-of-way, FLORIDA EAST COAST SUBDIVISION, of Section 29 Township 46 South, Range 43 East, and recorded in Plat Book 1, at Page 4, of the Public Records of Palm Beach Florida said lands situate, lying and being in Palm Beach County, Florida Subject to conditions, limitations, restrictions and easements of record, applicable zoning ordinances, and taxes for the year 2001 and subsequent years, and outstanding mineral rights. Lots 14 thru 27, Bloc 3, LESS the North 7.0 feet thereof; together with Lots 15 thru 28, Block 7, together with Lots 1 thru 26, Block 8; together with Lots 1 thru 24, Block 9; together with that portion of McLain Street, Meyers Street and S. W. 14th Street lying east of the east right-of-way line of S.W. Fourth Avenue; together with that portion of Swinton Avenue lying south of the North line of said Block 7 extended easterly; together with that portion of Swinton Avenue lying South of a line 7.0 feet south of and parallel to the north line of said Lot 14, Block 3, extended westerly and lying north of said north line of Block 7 extended easterly and lying east of the centerline of said Swinton Avenue. All of the above being a portion of the plat of West E1 Be according to the plat thereof recorded in Plat Book 15, Page 22 of the Public Records of Palm Beach County, Florida; AND ALSO that portion of Lot 5 lying west of the FEC. Railroad right-of-way subdivision of Section 29, Township 46 South, Range 43 East, according to the plat thereof recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida. LESS Lots 20 thru 27, Block 3, Lot 14 thru 18, Block 8, Lots 9 thru 16, Block 9; that part of Meyers Street lying adjacent to Lots 9 thru 12. Block 9; that part of S.W. 14th Street lying adjacent to Lots 13 thru 16, Block 9; and that part of Swinton Avenue lying adjacent to Lots 20 thru 27, Block 3; all being in Subdivision of West E1 Be, Delray Beach, Florida, as recorded in Plat Book 15, Page 22. Public Records of Palm Beach County, Florida. (Y. .-: - ~ ~ . r_.',. ," _~_ ~~ 0"_ ~ - - - "...,~ , "" ....':'" '., s~ ~~~:. ~~~~ .-'.~r",-~' '5:Ci'I;-:,-'~':~:if!:!.":; J' f l '. ~ ":;F~:----'r"';..r ~f \1' ~ c 1/ ~~~" _~ :'~::'-l-~~-. ." . ,. ..,,:-'- '{ /.1- =.=.:.::..--..::; /; ~~, .: ..~~.. ~." /'E 'J ~;Ij:8~4 / -. . rl/ Ot.~ ouC I 7 'I..... 1"4::ILlr, ~~.=-::: :::~ - ..-/ .~ ':' :I . 'IT\'I~J:I:I:I: .:., n:l:r "~ IT' 1:11 ... ;r:<'H-!:1:I- . _ . .. _. -hi ff .. "4C-(. , r"rr ~ : +1'1:1+1: -1-/- -H~F1'1'H:H'I'~I+I-H'F/I~1'-i -'.oU'Hi+ " " I Jl=t. H'I'l-i-I~'/+l+ rll:l-I-\:I"ll'!'I:I-li-( t;i v '-'1:1..' 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""r, !-;~-1 :; Yo.. r 1I-'u, gt~ I ....- ~~ ~!.~ ::: t41-ITJ I :::;:: ~ '::- __,_~, -= ~-f ~ I r-,-- .....:.....""';::.,-r- ~,'. 1~. ~ he , ~~ ~i;~,~. i 1'-. A ! ~' . -- ~,:~ ~:-':1 ~~~~'..:. - ~ -.~ ~ ~ Jr, --: "- .- .... ''\1-\ ~w-- -:~. -- '::-"i:f.: ~ t:: ~ ,.... , - - - . '.Jo ..... .-J"'>.,.L':R..=. II~_ ~ .; ,:;;:3 - -.-- -. -.-) ~(-i!;J::7'~r!@1j -=- ~. ~:;:i;:'~ "'::' ~~'('-): ~ -,- ~ ""--'r,:;-Zf7.,-.:;r:, - ~. . "" f- --:....: t - '(".. . ~.. f"~....... ae:~ COUPfT'Y..=!. .-: ~'.-,/.:~ . -=--_~:1=.- =' /, . . - _'- "= ... 'l_,I~ :._;- .. _ - .. --'1~;::Cl:-7- '='t ~ ",.. . "L""io... ;? S -= '. .- - '....... - - "'-'-<. :1':1~ I iii g i-:/ ::- '.. -i .. 4<",,",. - :- - - = ; ..... ~ " " ~ r- '-::; ~ "-'-- .. .... ' -.. - . - ~:I - S:', rz . RHC {J === I- ~~l;I~ ~F".~..:..,~ -f-.I-r;r_i S!./ .- _' = ~ .:.:.) 't-:. +~:\ - - Q. --....- ].1-1_.-. ~C]'J ~l~ ---.. '-0 .... .L:!..Tf.l:T-:r:- -1 r:1~Of'\'::_<" F;::r~."II""-:-~ _ ,-: ~-'--t:I_I.H-i~\.' ~.),~- - - -/'!"I'/;C1Ji7 N ~~ ' :: P'-""--'~.-+-,=\' 0/-11 OCJL A G R E E MEN T THIS AGREEMENT dated this 29th day 0 f January, 1980, becween PALM BEACH COm,TY, a political subdivision of the State of Florida, Post Office Box 1989, West Palm Beach, Florida 33402, telephone (305) 837-2225, and the CITY OF DELRAY BEACH, 100 Northwest 1st Avenue, Delray Beach. Florida 33444, telephone (305) 278-2841, hereinafter referred to as the "CITY," a municipal corporation or~anized under the laws of the State of Florida. WIT N E SSE T H: WHEREAS, the COUNTY ~nd the CITY desire to cooperate in the purchase and development of a public recreational facility. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THIS AGREEMENT AND MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: CITY shall lease from the COUNTY the followin~ described real I property at a rent of One Dollar ($1.00) per year: 1. PALM BEACH COUNTY shall lease to the CITY and the SEE EXHIBIT "A" 2. The term of this lease shall be for 99 years. 3. The CITY agrees that it shall. with due diligence. ... develop the property at its own expense for public recreational Use. 4. The CITY agrees to use this property in conjunction with. the adjoining Miller Park for public recreational purposes only, and that any other use of this property not approved beforehand in writing by PALM BEACH COUNTY shall constitute a breach of this lease. general public of Palm Beach County. Florida on a non-discriminatory basi:; and, in particular. that no fees higher than any charged to 5. The CITY agrees that the Park shall be open to the city residents shall be charged to non-city residents. Ii I !i j. ,i II 'I II lease onward the CITY 'will be responsible for development. !I I II ii 'I I' ;/ Ii I' I! II , 6. The CITY agrees that from the effective date of the improvements to the property at the cost of the CITY. 7. The CITY agrees that after the effective date of the will be with the CITY. of this property since control of the activities on the property claims for damages which may arise out of the ooeration Or use lease. the CITY will hold the COUNTY harmless from any and all 8. This agreement is subject to the acquisition of not obtain this land for any reason this agreement shall be null the property by PALM BEACH COUNTY and if PALM BEACH COUNTY does and void. I this agreement on the date first above-written. i I 'I ATTEST: I Jo I ! By W. iI II (SEAL) II ATTEST: 11 City Clerk II B~e-e:;if:;;_u ;--~/ ,. f! (SEAL) IN WITNESS WHEREOF, the undersigned parties have signed - PALM BEACH COUNT~, FLORIDA, BY ITS BOARJ(OF..I.COUN~..!?jIS_::O:RS BY~Y('~(~' / /('~f:Ic/l'-....... . . Cha1.rrnan B. lerk CITY OF DELRAY BEACH. FLORIDA a, By A~_ ',t LJ . --... Mayor AND -2- ,I II 'I II I' I I I I I I I I , I, II II ! ,) EXHIBIT "A" That part' of Lot 6, lying West of the Florida East Coast Railroad right-of-way, FLORIDA EAST COAST SUBDIVISION. of Section 29. Township 46 South, Range 43 East. and recorded in Plat Book 1, at Page 4. of the Public Records of Palm Beach County, Florida; said lands situate, lying and being in Palm Beach County, Florida Subject to conditions, limitations, restrictions and easements of record. applicable zoning ordinances. and taxes for the year 1979 and subsequent years, and outs tanding mineral rights. . I, I I I , I I i II I. II I' d I r! I I I I I 11 I I ,I [/ ... t; J:-+ I~'~ ~w I "'~~o \J [EJ ,I ! oro f}~ 1\:.11 ~~ ~ At z:. \>16 ('cr 1\ I-II is tlz. ~ rn :5 J~ 1-~ ..1:5 l\:.J1 ! -~ 0 f 1-:11 1f1<1\ :!It z ('" 0 #-1\} ~ ~ 00& t.- *,-11 "'6 jf ~ 'Z:' =I ~ ~ &I r~ b --lz;. ~ ~ G"' Date: Jan. 3, 2003 AGENDA ITEM NUMBER: <:It- AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: January 21, 2003 Description of Agenda Item (who, what, where, how much): Request approval of revised lease agreement with Bucky Dent Baseball School for the use of Miller Field Complex for a term of ten years with three five year renewals. Department Head U () n . Signature: ~ City Attorney Revi !Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: &/ No Initials: ~ Hold Until: Agenda Coordinator Review: Received: MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERtJJ-1 AGENDA ITEM # ~f- - REGULAR MEETING OF JANUARY 21. 2003 ACCEPTANCE OF GRANT/FLORIDA EMERGENCY MANAGEMENT Acr TO: SUBJECT: DATE: JANUARY 17, 2003 This is before the Commission to approve the acceptance of the Florida Emergency Management Act (FEMA) Grant award in the amount of $104,525.00, with a City cash match of $60,225.00. The Commission is also requested to approve a purchase award to Zoll Medical Corporation for the purchase often (10) M Series Med-Pro Plus monitor/defibrillators in the amount of $200,746.83. Funding is available from 334-6112-519-64.90 (General Construction Fund/Other Machinery/Equipment). Recommend approval of the acceptance of the FEMA Grant in the amount of $104,525.00 with the City's cash match of $60,225.00, and a purchase award to Zoll Medical Corporation. S:\City Clcrk\chcvclle foldcr\agcnda memos\FEMA Grant.01.21.03 MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager patSYNad~ Joseph Sa ce Director 1/15/2003 SUBJECT: ACCEPTANCE OF A FEMA GRANT WITH 30% CASH MATCH FROM THE CITY OF DELRA Y BEACH APPROVAL OF PURCHASE OF TEN- (10) M SERIES MED-PRO PLUS FROM ZOLL MEDICAL CORPORATION Item Before Commission: City Commission is requested to approve the acceptance of a FEMA grant in the amount of $140,525.00 for the purchase of ten- (10) M Series Med-Pro Plus monitor/defibrillators from Zoll Medical Corporation for the price of$200,746.83. The City is required to pay a local cash match of 30% or $60,225.00 of the total cost ofthe project. Backl!round: A grant application was submitted under FEMA's FY 02 Assistance to Firefighters Grant Program for Emergency Medical Services via the internet by the City of Delray Beach Fire- Rescue Department on March 22,2002 in the amount of$140,525.00. The FEMA grant #EMW-2002-FG-02892 was awarded to the City of Delray Beach on November 15, 2002, via the online application grant system. Acceptance by City Commission should be established prior to expenditure of the grant funds available to the City of Delray Beach Fire-Rescue Department. The grant application was written to help the City of Delray Beach to purchase ten- (10) additional Zoll M Series Monitor/Defibrillators to upgrade the Fire-Rescue Department's electrocardiography and defibrillation technology. Research, comparison and field trials of the various systems were completed by the Fire- Rescue Department in 2001. Based on those trials, recommendations by the Medical Director and our EMS Standards Committee, the Zoll M Series Monitor/Defibrillator was selected for purchase. -1- The City of Delray Beach currently has two of the Zoll M Series devices in service. (See attached memo dater 01/08/2003 from Division Chief EMS.) The total cost of the project is $200,750.00 and the City is required to provide a 30% cash match of the total project cost or $60,225.00. The cash match was approved in CIP from the General Construction Fund last year. Recommendation: Staff recommends acceptance ofthe FEMA grant in the amount of$140,525.00 for the purchase often- (10) M Series Med-Pro Plus monitor/defibrillators from Zoll Medical Corporation (sole source, see letter dated 01/02/2003) for the price of$200,746.83 of which the City will pay 30% or $60,225.00 of the total cost ofproject purchase. Funding is available in the General Construction Fund, Renewal and Replacement, Other Machinery and Equipment account number is 334-6112-519-64.90 in the amount of $200,750.00. Attachments: Zo II Medical Quotation Memo from Division Chief EMS FEMA Award Documentation via Internet cc: Jackie Rooney, Purchasing Manager - 2- [ITY DF DElRAY BEA[H FIRE DEPARTMENT :'.[;:V: ,;(-, l;'Fi i-~,;",'i IHJ,C! . C1CH F SlfH:-;\ivi - IIIC~Hti\~'JD [3['/,ell DElRA Y BEACH ~ AII.America City , ~ II~! 1993 ME M 0 RANDU M TO: Jackie Rooney, Purchasing Supervisor . /I 1 Robert Moreland, Division Chief EMS~~ January 8, 2003 FROM: DATE: SUBJECT: Items to be placed before Commission Meeting on January 21,2003 . Agenda Request-Acceptance of FEMA Grant $140,525.00 and to authorize the City to provide the local cash match of $60,225.00 . Agenda Request-Award Contract to Zeill Medical Corporation to purchase 10M Series Monitor/Defibrillators Background: The City of Delray Beach Fire-Rescue Department submitted a Federal Emergency Management Act or FEMA Grant application via the online application system on March 22, 2002 in the amount of $140,525.00. The grant application was written to help the City of Delray Beach to purchase ten (10) additional Zoll M Series Monitor/Defibrillators to upgrade the Fire-Rescue Department's electrocardiography and defibrillation technology. The total cost of the project is $200,750.00 and the City is required to provide a 30% local cash match of the total project cost or $60,225.00. The local cash match was approved in CIP from the General Construction Fund during last year. The FEMA grant was awarded to the City of Delray Beach on November 15, 2002 and accepted via the online application system. Research, comparison and field trials of the various systems were completed by the Fire- Rescue Department in 2001. Based on those trials, recommendations by the Medical Director and our EMS Standards Committee, the Zoll M Series Monitor/Defibrillator was chosen for purchase. We currently have two of the Zoll M Series devices in service. Once the additional units are placed into service, all of the Advanced Life Support units in the city will be upgraded to this state of the art technology. iih;-- [l[f"/PTr :';i :--i~_"\.,[~IC'I/\f\TTF-i::;. :;()1 \/,'[:~:;T i,IIAr-'llie 1\\/f~>HJ[. D[tJl/\Y [leACH. FU__'ifiiDi\ 3:n.)(j .1:;,' \,~:_\ ?h~;(-\ . \-~IJ: ;(_,:: ;~,1,_ '/.)CJ . r'/\x '107,/;2---13-' IIJ' ,r',,!i"'" Page 2 Commission Meeting Items Zoll Medical Corporation is the sole source provider for the M Series Monitor/Defibrillators. They have committed to keeping the price and warranty information the same as the original units purchased. Attached are the quotes in the amount of $200,746.83, the sole source letter, and the warranty information provided by Zoll Medical Corp. They will also provide training for all Fire-Rescue personnel on the use of the devices. Recommendation: Commission approval is needed to officially accept the FEMA Grant in the amount of $140,525.00 and to officially approve the local cash match in the amount of $60,225.00 from the General Construction Fund. Commission approval is also needed to award the contract to the sole source vendor Zoll Medical Corporation in the amount of $200,746.83. Funding is available in the General Construction Fund, Renewal and Replacement, Other Machinery and Equipment. The account number is 334-6112-519-64.90 in the amount of $200,750.00. ZOLL Medical Corporation ZOLL 32 Second Avenue Burlington, Massachusetts 0180344420 U.S.A. (781) 229-0020 (781) 272-5578 Telefax January 2, 2003 Robert Moreland, Division Chief City of Del ray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Chief Moreland: ZOLL Medical Corporation, headquartered in Burlington, MA, designs, manufactures and markets an integrated line of proprietary, noninvasive resuscitation devices and disposable electrodes. These innovative products are used by health care professionals to provide pacing and defibrillation in the emergency treatment of cardiac arrest victims in hospitals and pre-hospital settings. ZOLL Medical is the sole manufacturer and distributor ofthe M Series Monitor/Defibrillator that the City of Del ray Beach Fire Department has selected. We at ZOLL Medical Corporation appreciate your support. If you have any questions, please do not hesitate to contact me at 800-242-9150 ext. 576. Sincerely, :Jj EMS Tenitory Manager kiung@zoll.com ZOll Medical Corporation ZOLL 32 Second Avenue Burlington, Massachusetts 01803-4420 U.S.A. (781) 229-0020 (781) 272-5578 Telefax TO: CITY OF DELRAY BEACH FIRE DEPARTMENT 501 West Atlantic Avenue Delray Beach, FL 33444 ZOLL MEDICAL QUOTATION Atln: Title: Robert Moreland Division Chief DATE: January 2, 2003 TERMS: Net 30 Days ITl'M '-M9~4:fJWMElER:: . ..DESCR~IQ!< !'In:; V!>!ITPRlCE !m'9~.i!lc;:J;. . TQTA!;!fflI!:;E "-'-",'-",',"-','-'.'-'-'-',.,-.,' 1 41621531100123010 Manual/Advisory Defibrillator with Rectilinear Biphasic 10 $24,185.00 $19,183.54 $191.835.40 " M SERIES MED-PRO PLUS Waveform. AC Power, Multiple Application Printer with BIPHASIC Summary Report, Code Markers, SP02 with reusable sensor and 4' cable, Noninvasive Pacing, NIBP with Adult-Plus cuff and hose and 12-l.ead with 1..step Cable Includes: High contrast display, 3-lead patient cable with integral lead wires, universal cable, One XL battery , carry case, ae mains power cord, 1 package of recorder paper, integral diagnostic frequency response, 2 PCMCIA card slots, RS232 data transfer capabilities and 1 Operator's manual. Standard One Year EMS Warranty 2 8000-0657 Xtreme Pack II Carry Case, molded rubber case 10 $485.00 $170.00 $1.700.00 " with rear and side pockets for use with hands-free defibrillation and NIBP (price at time of initial purchase) 3 8050-0012-01 ZOLL Base Powercharger 4x4 3 $1.545.00 $1.279.26 $3,837.78 " Battery ChargerlTester with Auto Test. (No Batteries Included) 4 8204-0103-01 Smart Battery Replacement for Standard Battery (at time 31 $50.00 N/C N/C . of initial purchase when ordering new equipment) 5 8000-0686-01 Smart Ready Battery XL, package of three (3) 7 $595.00 $481.95 $3,373.65 . 6 8777-0236 MedPro w/options, Extended Warranty-2 Year 10 $2,400.00 N/C N/C . Total List Price $281,150.00 "REFLECTS DISCOUNT PRICING All discounts off List Price are contingent upon DaVment within aareed upon terms. WE PROPOSE TO FURNISH THE ITEMS LISTED ABOVE. SUBJECT TO CONDITIONS SET FORTH ON TOTAL THE REVERSE SIDE HEREOF, AND THE WRITTEN ACCEPTANCE OF THIS QUOTATION. $200,746.83 FOB: Burlington MA 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. BURLINGTON, MA 3. WARRANTY PERIOD (See above and reverse side). 4. PRICES QUOTED ARE FIRM FOR 60 DAYS. Kevin Junglel Territory Manager 800-242-9150, x576 ZOLL Medical Corporation ZOLL 32 Second Avenue Burlington, Massachusetts 01803-4420 U.S.A. (781) 229-0020 (781) 272-5578 Telefax TO: CITY OF DELRAY BEACH FIRE DEPARTMENT 501 West Atlantic Avenue Delray Beach, FL 33444 ZOLL MEDICAL QUOTATION Attn: Title: Robert Moreland Division Chief DATE: January 2, 2003 TERMS: Net 30 Days !TEM MODE~!!!III'!."I!. ~!:;~I\~i" ;-;arti:: 'lffllrl'l'l!!l!l DlSCPftfCE. ' '\'OTAl.PRICe ""TRADE IN VALUE 1 7800-0172 CodeMaster 100 w/pacing, SP02, and 12-Lead 10 ($825.00) ($8,250.00) - **Trade-ln Value valid if all units purchased are in good operational and cosmetic condition, and include all standard accessories such as paddles, cables, etc. Customer assumes responsibility for shipping trade-in equipment to ZOLL Burlington within 60 days of receipt of new equipment. Customer agrees to pay cash value for trade-in equipment not shipped to ZOLL on a timely basis. ZOLL Medical Corporation will provide the City of Delray Beach Fire Department a credit of $825.00 for each Codemaster 100 w/pacing, SP02 and 12-lead traded-in up to a total of 10 units ($8,250). This credit is to be used towards the purchase of ZOLL accessories, supplies and preventative maintenance for the M Series Moo-Pro Plus. FOB: Burlington. MA WE PROPOSE TO FURNISH THE ITEMS LISTED ABOVE, SUBJECT TO CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF, AND THE WRITTEN ACCEPTANCE OF THIS QUOTATION. 1. DELIVERY WILL BE MADE SQ-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. BURLINGTON. MA 3. WARRANTY PERIOD (See above and reverse side). 4. PRICES QUOTED ARE FIRM FOR 60 DAYS. Kevin Junglel Territory Manager 800-242-9150, x576 , . Panel Review /'"'\ , J '\ , J J Page 2 of? Federal Emergency Management Agency Washington, D.C. 20472 Mr. Robert Moreland Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, Florida 33444-2555 Re: Grant No. EMW-2002-FG-02892 Dear Mr. Moreland: Congratulations. Your grant application submitted under FEMA's FY 02 Assistance to Firefighters Grant Program for Emergency Medical Services has been approved. The approved project costs amount to $200,750.00. The Federal share is 70 percent or $140,525.00 of the approved amount and your share of the costs is 30 percent or $60,225.00. As part of your award package, you will find FEMA's Grant A9reement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. You establish acceptance of the Grant and FEMA's Grant Agreement Articles when you request and receive any of the Federal Grant funds awarded to you. For your convenience, we will have an on-line system that will accept payment requests. The first step to request your grant funds is to ensure that FEMA has your correct Direct Deposit Information on-line. Once you have confirmed your Direct Deposit information, print a copy of it by clicking the Print SF 1199A button on the screen. Sign the form and take it to your bank to complete the bottom portion of the form. Once your bank has completed and signed the form, mail it, with the original signatures, to the address below: Federal Emergency Management Agency Financial & Acquisition Management Division Grants Management Branch Attn: Assistance to Firefighters Grant Program 500 C Street, SW, Room 350 Washington, DC 20472 The second step will be to request your grant funds. You will receive notification via email when you can request payments on-line. If you have any questions or concerns regarding the process to request your grant funds, please call Alma Christian at 1-877-510-6762. Sincerely, 4'?6/1~kd Patricia A. English Senior Procurement Executive https://portal.fema.gov/firegrant/new/fire _ admin/awards/spec/award yackage.j sp?agreemf... 11/19/2002 . , ,Panel Review () .r"\ l. I Page 3 of7 Agreement Articles Federal Emergency Management Agency Washington, D.C. 20472 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM GRANTEE: Delray Beach Fire Department PROGRAM: Emergency Medical Services AMENDMENT NUMBER: AGREEMENT NUMBER: EMW-2002-FG-02892 Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article I - Project Description TABLE OF CONTENTS Project Description Grantee Concurrence Period of Performance Amount Awarded Requests for Advances or Reimbursements Budget Changes Financial Reporting Performance Reports FEMA Officials Other Terms and Conditions General Provisions Audit Requirements The grantee shall perform the work described in the approved grant application's Program Narrative. That narrative is made a part of these grant agreement articles by reference. The purpose of the Assistance to Firefighters Grant Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the grantee's project, as detailed in submitted project narrative and budget information, submitted as part of the grantee's application (and considered part of this agreement by reference), was consistent with the program's purpose and worthy of award. As such, any deviation from the approved program narrative must have prior written approval from FEMA. Article II - Grantee Concurrence https://portal.fema.gov/firegrant/new/fire _ admin/awards/spec/award yackage.j sp?agreem(... 11/19/2002 . , :Panel Review f"'-, i ,'""" " 1 Page 4 of7 By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. All documents submitted as part of the application are made a part of this agreement by reference. Article III - Period of Performance The period of performance shall be from 15-NOV-02 to 14-NOV-03. The grant funds are available to the grantee for obligation only during the period of performance of the grant award. The grantee is not authorized to incur new obligations after the expiration date unless the grantee has requested, and FEMA has approved, a new expiration date. The grantee has 90 days after period of performance to incur costs associated with closeout or to pay for obligations incurred during period of performance. Award expenditures are for the purposes detailed in the approved grant application only. The grantee cannot transfer funds to other agencies or departments without prior written approval from FEMA. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for object classes for this grant (including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $200,750.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $200,750.00 Article V - Requests for Advances or Reimbursements Grant payments under the Assistance to Firefighter Grant Program are made on an advance or reimbursable basis for immediate cash needs. When the grantee needs grant funds, the grantee fills out the on-line Request for Advance or Reimbursement. Payments under this grant program are made via direct deposit, therefore before a payment is made, grantees must confirm their on-line Direct Deposit information, print a copy, sign it and mail (with an original signature) the hardcopy to FEMA at the following address: Federal Emergency Management Agency Financial & Acquisition Management Division Grants Management Branch 500 C Street, SW, Room 350 Washington, DC 20472 Attn: Sylvia A. Carroll Article VI - Budget Changes Generally, changes in the budget-line items are permitted, as long as the original program narrative is accomplished. The only exception to this provision is for grants where the Federal share is in excess of $100,000.00. In grants where the Federal share exceeds $100,000.00, the budgeted line items can be changed, ~ ~'t-- t40,5'Z.5.tIO "'-- ~O~ID II'"\.... -~ \4105~.\l'o https://portal.fema.gov/firegrantlnew/fire _ adminlawards/spec/award "package.j sp ?agreem(... 11/19/2002 . . 'Panel Review (") ....-., Page 5 of7 but if the cumulative changes exceed ten (10) percent of the total budget, FEMA must approve those changes. Article VII - Financial Reporting The Request for Advance or Reimbursement mentioned above, will also be used for interim financial reporting purposes. At the end of the performance period, or upon completion of the grantee's program narrative, the grantee must complete, on-line, a final financial report that is required to close out the grant. The Financial Status Report, is due within 90 days after the end of the performance period. Article VIII - Performance Reports The grantee must submit a semi-annual and a final performance report to FEMA. The final performance report should provide a short narrative on what the grantee accomplished with the grant funds and any benefits derived there from. The semi-annual report is due six months after the award date. Article IX - FEMA Officials Program Officer: Brian A. Cowan, Chief of the Grants Program Office, is the Program Officer for this grant program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: Richard Goodman, Chief of the Grants Management Branch, or Sylvia A. Carroll, Grants Management Specialist, is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Specialist: Alma Christian 770-220-5671 is the Grants Management Specialist for this grant award and shall be contacted for all financial and administrative grant business matters. Article X - Other Terms and Conditions A. Pre-award costs directly applicable to the awarded grant are allowable if approved in writing by the FEMA program official. B. The grantee agrees to maintain their operating expenditures in the funded grant category at a level equal to or greater than the average of their operating expenditures in the two fiscal years preceding the fiscal year in which assistance is awarded. C. The grantee agrees to provide information to the National Fire Incident Reporting System for the period covered by the grant. Article XI - General Provisions The following are hereby incorporated into this agreement by reference: 44 CFR, Emergency Management and Assistance Part 17 Nondiscrimination in Federally-Assisted Programs Uniform administrative requirements for grants and cooperative agreements to state and local governments Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-free Workplace (Grants) New Restrictions on Lobbying Part 7 Part 13 Part 18 https:/ /portal.fema.gov/firegrant/new/fire _admin/awards/spec/award --package.j sp?agreem(... 11/19/2002 ..- . Panel Review ~_.k" Page 6 of? 31 CFR 205.6 Funding Techniques OMB Circular A-122 Cost Principles for Non-Profit Organizations OMB Circular A- 110 Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant Application and Assurances contained therein. Article XII- Audit Requirements All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The main requirement of this OMB Circular is that grantees that expend $300,000.00 or more in Federal funds (from all Federal sources) must have a single audit performed in accordance with the circular. As a condition of receiving funding under this grant program, you must agree to maintain grant files and supporting documentation for three years after the conclusion of the grant. You must also agree to make your grant files, books, and records available for an audit by FEMA, the General Accounting Office (GAO), or their duly authorized representatives to assess the accomplishments of the grant program or to ensure compliance with any requirement of the grant program. https://portal.fema.gov/firegrant/new/fue_ admin/awards/spec/ award --package.j sp?agreemt.. 11/19/2002 . ' "~ , Panel Review 1a. AGREEMENT NO. EMW-2002-FG-02892 6. RECIPIENT NAME AND ADDRESS Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach Florida. 33444-2555 9. NAME OF RECIPIENT PROJECT OFFICER Robert Moreland 11. EFFECTIVE DATE OF THIS ACTION 15-NOV-02 -~. .-" Page 7 of? FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 2. AMENDMENT 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO. NO. 59-6000308 ACTION W358161N AWARD 7. ISSUING FEMA OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS FEMAlFinancial and Grants Management FEMAlFinancial Services Branch Division 500 C Street, S. W., Room 723 500 C Street, SW., Room 350 Washington DC, 20472 Washington DC, 20472 Specialist: Alma Christian 1-877-510-6762 PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PHONE NO. 561-694-8100 Brian Cowan (202) 646-2821 12. METHOD OF PAYMENT SF-270 13. ASSISTANCE ARRANGEMENT Cost Sharing 14. PERFORMANCE PERIOD 6~om:15-NOV- To:14-NOV-03 Budget Period 6~om:01-0CT- To:30-SEP-03 PROGRAM NAME ACRONYM CFDA NO. 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) AFG 83.554 ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMMULATIVE (AACS CODE) TOTAL AWARDED THIS TOTAL AWARD NON- XXXX-XXX-XXXXXX-XXXXX- AWARD ACTION FEDERAL XXXX-XXXX-X +OR(-) COMMITMENT 2003-53-6410RA-6400000o- $0.00 $140,525.00 $140,525.00 $60,225.00 4101-0 TOTALS $0.00 $140,525.00 $140,525.00 $60,225.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant Program recipients are not required to sign and return copies ofthis document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) Sylvia Carroll DATE N/A DATE 24-0CT -02 https://portal.fema.gov /firegrant/new/fire _admin/awards/spec/award --package.j Sp ?agreem(... 11/19/2002 AGENDA ITEM NUMBER: ~-f. AGENDA REQUEST Request to be placed on: January 21, 2003 Date: January 15, 2003 .lQL.. Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approve 1he acceptance of a FEMA grant for $140,525.00 for the purchase of ten- (10) M Series Med-Pro Plus monitor/defibrillators from Zoll Medical Corpora1ion for the price of$200,746.83. The City is required to pay a local cash ma1ch of30% or $60,225.00 of the total cost ofthe project. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO_X NO_X Recommendation: Slaffrecommends acceptance ofthe FEMA grant for $140,525.00 for the purchase of ten- (10) M Series Med-Pro Plus monitor/defibrilla10rs from Zoll Medical Corporation for the price of $200,746.83 of which the City will pay 30% or $60,225.00 of the total oo"tofprojrotp=_. ~ Department Head Signature~~ ~ Determination of Consistency wi omprehensive Plan: City Attorney Review/Recommendation <if applicable): Budget Director Review (required 011 all items invol in l' -zp'2-, 5'3") Funding available: Yes ~ N Funding alternatives: 33+ -0 I n. ~)q - <C~ _ <1 0 Account Number: ,71 expen~itulre of funds): C /! IJ' d J (if applicable) Account Description: Account Balance: City Manager Review: Approved for agendaG ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # <{~. - REGULAR MEETING OF JANUARY 21.2003 SERVICE AUTHORIZATION #12/ROBERT G. CURRIE PARTNERSHIP. llik.. TO: SUBJECT: DATE: JANUARY 17, 2003 This is before the City Commission to approve Service Authorization #12 with Robert G. Currie Parmership, Inc. in the amount of $28,000.00, for the architectural, structural, electrical, plumbing and mechanical as well as schematic design of Maintenance Bays for servicing ftre vehicles. Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings). Recommend approval of Service Authorization #12 with Robert G. Currie Parmership, Inc. for the design of Fire Maintenance Bays. S:\City Clerk\chevelle folder\agenda mCffios\ScrviceAuth. #12Curric.01.21.03 t;!~'(c" 0", M.'. , "> '0 -':~;:r: ~~4)---J\>:l.I City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M TO: David T. Harden RJ FROM: Randal L. Krejcarek, P.E. DATE: 13 Jan 2003 SUBJECT: Fire Maintenance Bays Service Authorization # 12 with Currie Partnership Commission Agenda Item Project # 2002-022 The attached agenda item is for Commission approval/authorization for the Mayor to execute Service Authorization # 12 with Robert G. Currie Partnership. This Service Authorization covers architectural, structural, electrical, plumbing and mechanical services for the design of maintenance bays for servicing fire vehicles. This service authorization also includes schematic design, design development, preparation of permit and construction documents, bidding assistance, permitting, shop drawing review and limited construction administrative services. The proposed fire bays will be built within the existing Environmental Services/Public Works Complex. See attached map for location within complex. Total cost for this Service Authorization is $28,000.00. Funding is available from account # 334-6111-519-62.10. Please place this item on the 21 Jan 2003 Commission Agenda. enc cc: Richard Hasko, P.E., Director of Environmental Services file SclEngAdminlProjects\2002\2002-022\OFFICIAL \2003jan21 agendamamo.doc ~ ROBERT G. CURRIE PARTNERSHIP Al"chitects. Planners & lnterior Designers A-\000227I Robert G. Currie, AlA Jess M. Sowards, AlA Jose N. Aguila, AlA ROBERT G. CURRIE PARTNERSHIP. INC CONSULTING SERVICE AUTHORIZATION DATE: December 26, 2002 SERVICE AUTHORIZATION NO. Twelve (12) FOR CONSULTING SER'/ICES CITY P. O. NUMBER: CITY EXPENSE CODE: TITLE: Delrav Beach Fire Maintenance Bavs RGCP # 021202 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement dated March 29, 1996, as amended, between the City of Delray Beach and The Robert G. Currie Partnership, Inc. PROJECT DESCRIPTION The project generally consists of a single one story building of approximately 4,200 square feet (60 x 70) to include two service bays for Fire Department vehicles, associated storage areas and a small office. The building will be located at the Public Works Complex on South Swinton Avenue next to the welding and tire shop building. The building's appearance will match the existing architecture in the complex. II SCOPE OF SERVICES Professional services for this project are divided into two separate tasks. Each task will be performed 'when authorized in writing by the City. Services will include architectural. structurai, electrical, plumbing, and mechanical services. Professional services will not include site civil work, utility services, landscaping, irrigation, fire protection, or maintenance equipment selection. We will provide required documents for connection to existing water, air and 011 systems currently servicing the garage. Existing toilet facilities will be used. TASK 1: Services in this task will include schematic design, design development, preparation of permit and construction documents, assistance during bidding, and permitting. It is assumed that the City will complete any site plan approval requirements administratively. .Any required plans and elevations will be provided by the architect. TASK 2: Services in this task include periodic limited construction administration services from notice to proceed through CO (not-to-exceed four months). Included are shop drawing review, rfi responses, and final punch list review. III BUDGET Professional fees for Task 1 above shall be a lump sum fee of Twenty Four Thousand ($24.000) dollars and no Cents. Professional fees for Task 2 above shall be a lump 5um fee of Three Thousand Seven Hundred and Fifty ($3.750) dollars and no Cents. Relm!:>ursa!:>le expenses are in addition to the a!:>ove and are anticipated to be no more than Two Hundred and Fifty ($250) Dollars, which will not be exceeded without prior authorization. 134 Northeast 1st Avenue, Delray Beach, Florida 33444 Telephone: (561) :!76-4951 Fax: 15611 243~8184 E-mail: rgcp((!_currie:uc.t:om AlA Florida Firm of the Year 21100 ~ IV COMPLETION DATE Each Task will be completed in an expeditious manner, consistent with a written Notice to Proceed from the City. This Service Authorization is approved contingetlt upon the City's acceptance of and satisfaction with the completion of services rendered in the previous phase or as encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the service provided in the previous phase or Service Authorization, the City may terminate the Contract without incurring any further liability. The CONSULTANT may not commence work on any Service Authorization approved by the City to be included as part of the Contract without a further notice to proceed. Approved by: CI1Y OF DELRAY BEACH ROBERT G. CURRIE PARTNERSHIP, I~;C. Date: Date: \'2.- 30-02. David Schmidt, Mayor (:\: Jose N..A LIi1a~ lA, Principal c:t~::fQs.J.'cL'.-'--'~'-'A Wj~~., L J\:.c L (~ Witness - '<J Attest: STATE OF FLORIDA COUN1Y OF PALM BEACH The following instrument was D>1;'~~ 'J.o, . Before me this ....:,.A.L Day of . , 2002, by Jose Aguila, ofThe Robert G. Currie Partnership, Inc., a professional Associat' n. He is personally known to me And di' o.t e an a h../ t... .I {' .". .~ Ave.' , ,',' ,I ;,.<-" / mF~~:=:~~\~ "'<.".,'" '~."_~,."..~_...,.d '-'<",;~44?:1 -":-'''- SEAL LJI ILJUUULJULJLJI IL ATLANTIC AVENUE p:: CD CJ CJ[ DQ1JDTIDTI n m~ ~ ~ "IT '" . D ~ ~ ~ s . ~ . . . L-J s.w. ~ D . ~ . .O~ . " ~I u2Nol ~ . . " " . LJ . " . u. ~ "'. -:J" . CJ ~ [ I ... ::> s.w.."" sr. ~ S ~ ~ ~ ~ ~ z ~ ~ . . E.s.o. CDIotPLEX . " " " ... u . '" ~ I ~ . AUBURN ClR. S. I-~ nrlm Il~ u. n" '" S.W.7TII ST. ~ li r ~ CITY of DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT 0434 SOl1TH SWNTON AYEH.E, OB..RA.Y EIEAOt, Fl..OfK)A 33444 PUBlI C WORKS FIRE BAYS ADDITIONS LOCATION MAP DA1[,,/2/03 002-02 Date: 13 Jan 2003 AGENDA ITEM NUMBER: '?~ . AGENDA REQUEST Request to be placed on: --.X.Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 21 Jan 2003 Description of Agenda Item (who, what, where, how much): Commission approval/authorization for the Mayor to execute Service Authorization # 12, in the amount of $28,000.00. with Robert G. Currie Partnership. This Service Authorization covers architectural, structural, electrical, plumbing and mechanical design as well as schematic design, design development, preparation of permit and construction documents, bidding assistance, permitting, shop drawing review and limited construction administrative services for the design of Maintenance Bays for servicing fire vehicles. () .. fr7 D _ Department Head Signature: ~ _~ _, - ),- 0::'> City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: (Y;;;/ No Initials: ~~ L.- Z Account Number 334-6111-519-62.10 //;Y/t7J Description Public Works Maintenace Building Account Balance: $133.550.00 Funding Alternatives: (if applicable) City Manager Review: Hold Until: @/NO lni"'""4 Approved for Agenda: Agenda Coordinator Review: Received: s: \EngAdmin \Projects \2002\2002.022\OFFI CIAL \2003jan21 agenda.doc MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # <6~ -REGULAR MEETING OF JANUARY 21.2003 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST TO: FROM: DATE: JANUARY 17, 2003 This is before the Commission for approval of one (1) subsidy award to an eligible applicant/family under the Delray Beach Renaissance Program for the following property: . $22,500.00 for 207 S.W. 9'" Court This is for acquisition rehabilitation. This subsidy brings the total to ISO-homeowner assistance grants provided under the City Renaissance Program. Funding for the total amount of $22,500.00 for this subsidy award is available from 118-1924-554- 83.01 (SHIP Program). Recommend approval of the funding subsidy under Delray Beach Renaissance Program as outlined above. S:\City Clerk\chevelle folder\agenda memos\Renaissance Program.Ol.21.03 MEMORANDUM TO: David Harden, City Manager FROM: Debra Garcia, C. D. Specialist THRU: Lula Butler, Community Improvement Director tE DATE: October 10, 2002 SUBJECT: Delray Beach Renaissance Program Subsidy Requests ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one (I) eligible applicant/family under the Delray Beach Renaissance Program. This subsidy brings the total to 150 homeownership assistance grants provided under the city Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In par1nership with the Delray Beach Community Development Corporation, the TED Center, the Communi1y Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we committed 10 providing homeownership opportunities to 80 homebuyers through new construc1ion and acquisition rehab beginning October I, 1995 through September 30, 1998. The initial agreement was extended for a term of one year in 1999 and 2000 by all par1ners and the City Commission. A new Memorandum of Understanding beginning October 1, 2001 through September 30, 2004 was approved by all par1ies and the City Commission on February 19, 2002. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's par1ner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real es1ate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATION Staff is recommending City Commission approval to fund subsidy for one (I) eligible applicant/family ofthe following property: Acquisition Rehab 207 S.W. 9th Court $22,500 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO CENSUS TRACT 68.02 NAME Angel Reves PROPERTY ADDRESS 207 SW 9th Court. Delrav Beach (12-43-46-20-09-002-0090) LEGAL DESCRIPTION: Palm State Heights Lot 9 Block 2 PB 26 PG 64 % OF AREA MEDIAN HOUSEHOLD INCOME 53% NO. IN HOUSEHOLD ~ FIRST MORTGAGE RATE 6.7500% LTV 80.402% PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION $ N/A COST OF LOT $ N/A COST OF EXISTING UNIT $ 99.500.00 COST OF DEVELOPER'S FEE $ 3.500.00 Estimated Pre-paids (Lender 1003) $ 1.282.33 Estimated Closing Costs (Lender 1003) $ 2.535.35 TOTAL TRANSACTION: $ 106,817.71 FIRST MORTGAGE $ 80.000.00 Reoublic Bank TOTAL SUBSIDY $ 22.500.00 City of Delrav Beach (SHIP) Second Mortgage $ 19.000.00 Developer's Fee $ 3.500.00 THIRD MORTGAGE $ OTHER CREDITS $ Estimated Cash To/From Borrower (Lender 1003) $ 4.317.71 File Narrative Homebuyer: Date Drafted: Partner Agency: Developer/Builder: Location: Funding Source(s): SHIP Track Year: Subsidy Amount(s): First Mortgage: Lender: Unit Cost: Land Cost: Renaissance Partner Fee: Delray Beach Renaissance Program Angel and Maresa Reyes January 7, 2003 Community Development Corporation 207 SW 9th Court, Delray Beach, FL 12-43-46-20-09-002-0090 State SH I P 2001-2002 Acquisition Rehab. $22,500 $80,000 BankAlIantic $ 99,500.00 $ 3,500 ** To Be Distributed Separately by CD Division** Narrative The Reyes Famiiy moved to Florida from Puerto Rico about three year ago. Mr. Reyes, 35 years of age, works for the Boca Lago Country Club. Mrs. Reyes is employed with Marshall's. Mrs. Reyes has two sons from a previous marriage, Carlos who is 12, and Joshus who is 11. Mr. and Mrs. Reyes would like to purchase a home located at 207 SW 9th Court. The four bedrooml two bath home has approximately 1,550 5q. ft. of living space. Emplovment Boca Lago Country Club (Regular Wages) Marshall's (Regular Wages) Child Support Assets Washington Mutual (checking) Retirement 401 k Asset Income Income $17,160.00 $12,675.00 $ 3,600.00 Basis ($8.25/hr x 40hrs/weekx 52 wks year) ($6.50/hr. x 37.5 hrs/week x 52 wks) ($300.00 x 12 mths) Income Basis $425.65 $108.45 Income Basis SHIP Imputed Income From Assets: (If assets exceed $5,000, impute income by multiplying total net family assets by the passbook rate specified by HUD, which is 2 percent.) Total Annual Household Income: $33,435.00 Conclusion Based on the Reyes' income as reported, the entire household is determined (in accordance with the 2002 FHFC Income Limits) to be at 53% of MFI for a four (4) member household. The household does not exceed the low income limit of $50,250 and is therefore eligible for up to $22,500 in subsidy under the current Renaissance Program Agreement A totai subsidy in the amount of $22,500 from SHIP funds is recommended (based on need as requested by the CDC). s:renaissance program/SHIPffile narrative P II II I I I ~ - I S.W. 7TH ST. - <( w 'l' - > <( <( II - S,W. 8TH 'l' ST. - FE - ~ <( 'l' z <( 0 ~ - Z N 3i S.W. 8TH COURT Z - .n\ 3i ~ ~ r y .n Vl ~ '-- ~ I II I III I I ffiIffiHIIlJ~_~~ I I ~ Ci S.W. 9TH EIHHE~~ Q ~ DJffiIIII]JJ3ir- Ii:' ~ . . 4: vi UJ vi S.W. 10TH si ,ET r- I I - I 'T w 'l' I- > <(- <( <-- - - - PINE GROVE - >-- - ELEMENTARY - ~ - SCHOOL - ~ ~ o- X '-----, w ~g "' Sf- Z =0 ~- "' - I - 'MlSON AVE REIGLE AVENUE f-- FALL RIDGE ] f-- '-- / (- OF DELRA Y STERLING AVENUE );!y CENTRAL AVE f-- DDULls lIVE -U:= f-- ~lr-- - SOUTHRIDGE ROAD '- ~ I II II 1_ COLLINS AVE. w "t--- f---J ~~ =0 Z ~" ~ ",0(; <( GULF STREAM ~" COMMERCIAL CEN TRE kJ ,..'I,J't~I..It.. X -------- Q - ~q '?-f:F-'S LINTON TRUSS '5 ,,'<- . ~ 1.,,05 o~ LINTON "^~ u V RIDGE FE w " CONDO .. I COUNTY CIRCLE SANITA TfON I THE PLAZA AT DELRA Y 3i SECURI TY .n q - SELF STORAGE ONE --J 0 - LINTON T BLVD. " LINTON BOULEVA R D -- LEGEND -- COMMUNITY DEVELOPMENT PROJECT ASSOCIA TED WITH: THE SHIP. FIRST TIME HOME BUYER PROGRAM 207 SW. 9TH COURT SUBJECT AREA -- SUPPLEMENTAL INFORMATION PCN#: 12-43-46-20-09-002-0090 APPROXIMA TE ACREAGE: 0.15 ABRIDGED LEA GAL DESCRIPTION: PALM STATE HEIGHTS LOT 9, BLK 2 lONING: R-1-A{SINGLE FAMILY RESIDENTIAL) FLUM: LD (LOW DENSllY RESIDENTIAL, 0-5 UNTIS/ACRE) EXISTING LAND USAGE: SINGLE FAMILY RESIDENCE PLANNING ct ZONING DEPARTJlENT +E S LONG-1U.NGE DIY1SION DIGITAL BASE-JlAPPING SYSTEJI JlAP REFERENCE,: DG069 -- JANUARY 2003 -- ~'( O,c. (.; 0- .:r '" . V <:'~-'f'" . v.",'if; ~i\. AGENDA REQUEST Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda Consent Agenda Date: January 14, 2003 When: January 21,2003 Description of item (who. what. where. how much): Authorization and approval to issue a subsidy to one (J) eligible applicant under the Delray Beach Renaissance Program totaling $22,500.00 Nole: This applicant bring the total homeownership assistance grants provided under the Renaissance Program to dale to 150. ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of one (J) subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $ 22,500.00 Account Number: 118-1924-554-83.01 Department Head Signature: ~ (~"'" City Attorney ReviewIRecommendation (if applicable): -.. Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/NO ~ Funding Alternatives: (if applicable) - J Account No. & De~cription:\\~L \Q1\l.SSY - 93.D\ 6H-I-P o.lhlY ~ ~ I}J 5 Account Balance: ll> Z-LO ,1150.0 D City Manager Review: .6) Approved for agenda~/NO mA Hold Until: (JI- \ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DI\ 4 [IT' DF DELRAY BEA[H DELRAY BEACH , l () . , D " be:d All-America City , I III! \,~! ,~,_ /'VF~HJE DU.RAY!3E/'.CH FLORIDA 33444 561/243-7 MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM: ~obert A. Barcinski Assistant City Manager DATE: January 15, 2003 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JANUARY 21. 2003 SPECIAL EVENT APPROVAL - 6TH ANNUAL DELRAY BEACH WINTER STREET CRAFT FESTIVAL ACTION City Commission is requested to endorse the 6th Annual Delray Beach Winter Street Craft Festival to be held on February 22nd and 23'd from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use ofNE/SE 4th Avenue, one block north/south of Atlantic A venue as well as the north end of Hand's parking lot for vendor parking, and to authorize staff support for security. BACKGROUND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds ($2,000) will be shared with the Joint Venture. The City is requested to provide police security for this event. Vendor management and set up, site clean up, barricades, and port-o-Iets will be provided by the event sponsor. However, I am recommending that barricades are set up by City staff. Estimated overtime costs for the event is $1,400. This is not a new event. Also attached is a budget for the event. RECOMMENDATION Staff recommends endorsement of the event, approval of the lemporary use permit for the street closure and parking lot use, and approval of staff support for police security and barricading with the sponsor paying all overtime costs, contingent on the receipt of a hold harmless agreement and certificate of insurance. RAB/tas File:u:sweeneylevents Doc:Howard Alan 6h Ann Winter Street Craft Fest n /,\ ," ,-,\' r'~i\-! rFn~::, Sent Ry: HOWARD AlAN [VENTS; q~44123891 ; Dpr;-4-0? 11:Jl; p~~p ,//4 December 4. 2002 II "".11 01 \ 1.111 I "'111_. I 1'1. Mr. Robert Barclnskl Ass,~tant City Manager Cityo[Oelray 100 NW 1"t Avenue Delray Beach. FL 33444 Dear Mr Barclnskl We are planning for the 6'" Annual De/ray Craft Ff'stlva/, to be held FebnJary 22 23, 2003 00 NE and SE 4t~ AVenllf! from NE ~br Strep-t to SE t.~t Slreet Atlanti(; AvenlJP 3110 hypn'Jsc:.J will remain oJwn Please be adVised that the followin!] logistics for th~ 4111 AnnLJal Delray Craft Fp.stlval willlJe df(cHlgp.d Street Closure: Bob's BcHriGCjdes will drop off h~rrjc()des un f~nday. F-AbrLIary 21 2003, and our employep.s will set them up parly Saturday morning Police: Lynn F'arker at the Delray PolIce Depanmcnt will arrange for Police and Security frnm 10:00 am 500 pili on Saturday and Sunday. 'lnd overnight Saturday from 600 pm 600 al11. Port-O-Lets and Dumpster: 3 regular an'1 1 handicap por1ulet have been ordered through Ander~on Rentals and will be dropped oft on Fnday. F"brllary 21, 2003 and will be picked up on Monday, February 24.2003 witt] serVIClllQ On Sunday. February 23. 2003 They will be placed next to the Library A 20-yard rolloff dllmpst<',. IS ordcrl.d from SFI and will be /1ropp"d off on [rrday and picked up 00 Monday as well. Trash Receptacles: Tra:>h receptacles WIll be supplied and maintained by our profeSSional clean-up Cr8W, Profest (Mitetl) They WIll t1i:H1dle clp.an up of th8 trash throughuut the area each day. Vendor Parking: Parking will be at H'iI1d's l'ark,nQ Lot (Nor1h s,de next to NE 1'" Street) Insurance: City reQUIred GHrtlficates will bp. Issued. Boh. thank<'- for ~II your qredt hplp If YOll have any qup.stions, pleclse feel free to call me at (954) 4/2 3755 --------- award Alan, PreSIdent Howard Alan Events. LId 9695 W. IlKUWAKU llLVIl. . PLANTATION, t'LORIDA :1:1:J24 (954) 172 3755 . FAX (954) 472:1891 WWW.it '" , f e ~ Ii" "1. t" 0 m Sent By: HOWARD ALAN EVENTS; :-f'>. vJ .5 -A~ \.- '><XK1C N 9544723891 ; 3~ c<!: ~r;;: ~ 111 '< e:. kn-A.v-rr ~ <;~ Dec-4-0217:32; pagp- 4/4 ....~ t1:.! J,)f.. ,].t'Jl> W. L6FJ<<) }J~ l~T' ---.... ~. -&jPMS ,,~) t9t'" ~ J III ..". .:s-' ~ ~~S ~ I .----= I ---., ~~ 19'f ST" ~LiPA~S -,.(~) ------------ Sent By: HOWARD Al_AN EVENTS; 9~44 7?~Arll ; [)pe 4 - O? 17::11; American Craft Endeavors 6th Annual Delray Craft FE~stlval February 22- 23. 2003 PROPOSED BUDGET FOR FEBRUARY 2003 Income Number of Crafters Number of Food Vendors Total Revenue EXPENSES Aclvenislng : Buca Raton News Palm Beach Post SOtJth Florida NeWSpnpl'H SlJrl Sentinel AdvertiSing SubTotal Services: Permit Gignage Sanitation SanItation SallltatlOI1 Barricades Security Rel1tals Graphics for advertisIng Payroll Rental Property llldyings and rne<3ls traVf~1 Orl~ Millioll Dolt3r 113t)lhty H1~; policy Adnl1rllstrrltive Overhead Service SubTotal Total Expenses Show Profit 110 3 Palm B~ac:h Cmmty Health AA SIQrI Lllle~ Anderson RentClI~ BFI Pro Fe't Bob'~ 8arnc;:ld.~s City Of Delray 13cach Pru Fe::;t Expense Hel~yn" Stillin~ts & Staff rJelrrtY Joint Vf~ntllrp. telephonp., ITl'lllings,p.tr: Crafter R8v'H1ue Food Vendor Revenue Expp.11 SP. Expp-rl<.;e Expell~e Expense ExpPllse Lxpellse [)(pense Lxpen~e Expell~e E)(pensp. EXl1en::,e EXP~I1~('~ Expense Expense f- xpense Expense F:xpellsP Expensp Oaqp :\I1i $16,500 $1,049.40 $17,549.40 $708.50 $1,551.12 $325.00 $1,544.80 $4,129.42 $25.00 $600.00 $503.50 $746.36 $37000 $212.00 $1,059.08 $114.10 $75.00 $1,677 .80 $2,000.00 $400.00 $425.00 uS1.100.00 $9,308.44 $13,437.86 $4,111.54 ~ [IT' DF DElRAY BEA[H DELRA Y 8EACH , L 0 . , " . td.td All-America City 'llll~o ;_~-,) '-,: ~ I i\ ',' t ~-; '..' f. D[~,;:!^\ '3FACH, FLORllJA 134'10:1 ::.Gl ~)~3 'O~Ei MEMORANDUM 1993 2001 FROM: David T. Harden City Manager [1' Robert A. Barcinski Assistant City Manager DATE: January IS, 2003 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JANUARY 21. 2003 SPECIAL EVENT APPROVAL - SAINT PATRICK'S DAY PARADE ACTION City Commission is requested to approve a request to conduct the 35th Annual Saint Patrick's Day Parade to be held on Saturday, March IS, 2003 beginning at 2:00 p.m., and to grant a temporary use permit per LOR's Section 2.3.6(H) for the use of Atlantic Avenue from Venetian Drive to the County Courthouse for lhe parade and Venetian Drive and Gleason Street for staging of parade entries from 12:30 p.m. to approximately 3:30 p.m. Commission is also being requested to approve staff support for traffic control and security, barricading, trash removal and assistance in obtaining the FOOT permit. BACKGROUND Attached is a request from Edward Gallagher on behalf of the St. Patrick's Day Events, Inc. to approve the parade and provide staff support for traffic control and security, clean up, barricading, and assistance in preparing the FOOT permit. The parade will start at 2:00 p.m. and end approximately 3:30 p.m. Venetian Drive and Gleason Street will be utilized to stage the parade entries and we would close these streels by 12:30 p.m. Estimated overtime for the event is $4,500. Last year's overtime costs were $3,086. Also attached is a memorandum from Lt. Williams, from January 2000, outlining other conditions and suggestions that should be required. The parade organizers and I concur wilh these conditions. A copy of the event budget and site plan are attached. RECOMMENDATION I am recommending approval of the event request, the temporary use permit, and providing staff support as requested with the following conditions: I. All overtime cosls are to be paid by the event sponsor. 2. All conditions contained in Lt. Williams January 20, 2000 memo be met. 3. Thallhe event sponsor provide the City with the required general liability insurance and hold harmless agreement. RAB/tas File:u:sweeney/events Doc:st pa/ricks day parade 2003 <g-y ""':.-" (~:~ ..!:-:, ~(, ,A.~\,'!_6.'l':: rVL~TTERS Jan 15 03 11:30a GALLAGHER 5612430069 p. I ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DELRAY BEACH, FLORIDA 33447 TEL & FAX: 561 243 0069 January 16, 2003 Mr. Robert Barcinski City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: St. Patrick's Day Parade Dear Mr. Barcinski: Pursuant to our conversation of January 15, 2003, I hope the following information addresses the questions that you raised: 1) The parade is scheduled for Saturday, March 15, 2003 at 2:00PM. That will require the closing of Atlantic Avenue from 1:45 PM until approximately 3:15PM 2) I will supply signage for the City to display by March 1, 2003. 3) As always, we request the assistance of the Delray Beach Police Department for traffic and crowd control. 4) We also request the barricading of parking spaces on Atlantic Avenue as determined by the Delray Beach Police. 5) We also nequest the assistance of staff in the clean-up after the parade. 6) As in previous years we are willing to bear the costs of the above assistance. including overtime. 7) I believe you have copies of my letters to the F.E.C. Railroad and the Coast Guard. Also, I have contacted Plastridge Insurance to acquine insurance for the parade (Certificate to follow). 8) As usual, we will be supplying 25 parade Marshalls to assist in keeping the parade moving and under control. I hope this answers any questions you might have however, please feel free to call me if you require anything further Regards, <::'~t~. ~~... r .'. -- C . EdWardciallagher Parade Coordinator il. ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DELRAY BEACH, FLORIDA 33447 TEL & FAX: 561 243 0069 2 cj 7-002 , ~" " ...,. " :, . December 17 ,2002 Mr. David T. Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33447 Re: St Patrick's Day Parade Dear Mr. Harden: In keeping with the 35 year tradition of a Saint Patrick's Day Parade in Delray Beach, we would like to apply for the waiver for the consumption of alcoholic beverages on public property, per city code 113.02(B). The parade will take place Saturday, March 15, 2003 commencing at 2:00PM and running about 1 Y.. hours. The parade will proceed from the staging areas on Gleason Street & Venetian and proceed west along Atl;;mtic Avenue to S.W. 2nd Avenue (see attached map). As we did last year, we will supply our own parade marshals (25) to assist in keeping the parade moving in an orderly fashion. I will be contacting Mr. Barcinski for a meeting to go over the logistics for the parade. Please feel free to call if you have any questions. Regards, ~~/ Frlw..rrl r,..II..nh.. - - ~ S A N T W SW 51llAVE L W I I 0 A I 2 5 N N 5W 41llAVE T T I 0 I 0 C l 5 5 T A T 5W SROAVE R V R E I X COURT HOUSIi I @ 0 E E E nNNlS CENTfR E T rWZHDAVE" I 0\ T OTY H~J.l. 5W15TAVE ds b N I I O' wD g SWINTON AVE <0 @ I 5 DETOU R,"", ,.---, T 0 'r-- L-Js SE 1ST AVE S S T ~ ~! L=:J I I>UEr ':f~C R{.q::: JOJ..Ff 1 0 S 5E 4lH AVE A b~D N T L T E .', , L S @ ~... 2 T Sf SlH AVE A N R I N D1D 0 E I T E I ..~ Sf 61H AVE .{lJ C .' T . T A 0:'.0 ~ ~ V Sf 7lH AVE h E @ :, E [ef T PI< . ~ vElIR/ N'S J ~~ ~ ..-. ICW ICW . I Y G;.,,,O'" I ""'... l:-.. I I I 4 K S':"REEZE a.EASDN -L----- C I c:::=:=:J XXXXXXXXXM-E-'S ~ BARRICADE ~J :,UDAY I I . A_I.A(NORTH OCEAN BLI/D.) .... s. C: D. , , E. F. G. H. I. J, ~ ~. L 101. N. O. P. Q. R. S. T. U. V. W. x. Y. Z. 1oI0TORCYCLE 111 1oI0TORCYCLEtl2 Jan 15 03 11:30a GALLAGHER 5612430069 p.2 ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DEL RAY BEACH, FLORIDA 33447 INCOME/EXPENSE FOR 2002 PARADE INCOME EXPENSE $8,198.00 (DONATIONS) INSURANCE BARRICADES PM BCH PIPE & DRUM CITY OF DELRAY U.S. POSTAL SERVICE DEPT. OF STATE TOTAL $ 1090.00 $ 220.00 $ 600.00 $3100.00 $ 55.00 $ 211.25 $ 5276.25 9/2102 CONTRIBUTION TO DELRAY CITIZENS FOR DELRAY POLICE $2000.00 $7276.25 ESTIMATED INCOME/EXPENSE FOR 2003 PARADE INCOME EXPENSE $10,000 - $11,000 (DONATIONS) INSURANCE BARRICADES PM BCH PIPE & DRUM CITY OF DELRAY U.S. POSTAL SERVICE DEPT. OF STATE TOTAL $ 1500.00 $ 250.00 $ 600.00 $3,500.00 $ 76.00 $ 150.00 $6,076.00 /':'-l:Jl:Jl:J Ib: L" ~blL4.jbL.jL Ut.U'<HY l.JtI4LH t-'ULH.k .....I-\llt.. tJL./tJ.J / DELRAY BEACH POLlCE DEPARTMENT MEMORANDUM TO: Mr Robert Barcinski As: istant City Manager Lie Itenant GeoffWilliams~ / Sp/cial Operations Section W Jan l1U)' 20, 2000 FROM: DATE: , SU.BJECT: ST, PATRICK'S DAY PARADE Below is a list of I he police department's requests and suggestions fur a safer St. Patrick's Day parade. 1. Parade marsh lis: . Org8Dizers sh(.uld provide lwenty marshals to monitor parade par1icipants and enforce restrictions. · Marshals shoull not be perrnitteCi"to conswne alcohol prior to or durin,g the parade. · Marshals need I) be jnformed of the rules for the parade and trained in what to do if the rules are moh.'!!. e They need to 1 e identifiable. Marshals should be clothed in a brightly colored T-shirt (day glow) with the Nords "PARADE MARSHAL" printed on the fiont and back. . They need to b; trained in how to line up the floals, marchers, etc., in the staging areas and how to get the: n onto E. Atlantic Avenuc in a timely manner in order to keep the gaps to a minimum. . 1\'10 marshals Ileed to bc assigned to assist the officers posted at E. Atiantic Ave. and the FECRR to help with clearing people from the tracks as trams approach. 2. Alcohol license cxte.llSioDs: " The city should not grant any alcohol license extensions. 3. Floats: . Float operators need 10 be given a list of parade rules and held accorurtable for their enforcement. . All parade pat1il :ipants need to travel to the terminus located at the courthouse. · Absolutely no acoh01 will be pennitted on any float. It is a. violation ofF's, 316.1936 which states ''It ;6 un] awful and punishable.. .fur any person to possess an open container of an alcoholic beven ge while operating a. vehicle in the state or while a passeuger in or on a vehicle being 0 Jerated in the state." According to our legal advisor, Kathy Kozol, this I, 4/2000 1&: 25 5&1243&232 DELRAY BEACH POLICE PAGE 03/03 , 2 . 1 prohibition do,s extend to trailers being drawn by any vehicle. lhis can be enfurced by the officers we wi 1 have downtown early. They can inspect each float/vehicle participating in the parade. The:e will probably have to be a clause in the float pennits whereby.the operators/own ~rs agr~ to permit full inspection by the Delray Beach Police Department e No items at all should be permitted to be thrown from any float, vehicle or by any person participating it the parade. There is no problem with walking participants handing out items such as candy, hats, etc. 4. Vendors: . No vendor she ,uld be permitted to sell Silly String or similar item, noise.tUll.kers known as Snaps or Popp m5 or any other type of exploding Or pyrotechnic device. Nor should they be permitted to se 1 any item lhat is the facsimile of any weapon. 5, Crowd Contrd: .. We would like to utilize the French barricades to assist us with crowd control in the 200-300 blocks ofE. At antic Ave. , Should you have aT -y questions J can be reached at X-788S. GRW/grw cc: Captain Ma:k Davis ..~ If MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGEROi"\ AGENDA ITEM: <:6\( - REGULAR MEETING OF JANUARY 21. 2003 SPECIAL EVENT REOUEST lEAST END VOLLEYBALL TOURNAMENT TO: SUBJECT: DATE: JANUARY 17,2003 This is before the Commission to approve a request from East End Volleyball for special event approval to allow the East End Volleyball Tournament to be held at the municipal beach on March 22 and 23, 2003. Details are outlined in the attached memorandum from Mr. Weldon. We have hosted volleyball tournaments sponsored by various marketing groups on our municipal beach and it has been very successful. Recommend approval of the special event request for the East End Volleyball Tournament. S:\City Clerk\chevelle folder\agenda memos\East End.l.21.03 [ITY DF DElRA' BEA[H pE,lRoA ~ B~A,~~ t&e.d All-America City , I III! :,)~: ',' :";' t,\';'~:l",.:[ Gr::LRAY 8EACH FLORIDA 33444'S61/2"D-7000 1993 2001 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: East End Volleyball Tournament - March 22 and 23, 2003 DATE: January 13, 2003 Attached please find a request from Richard Heiles of East End Volleyball to hold a volleyball tournament on our beach on March 22 and 23, 2003. East End Volleyball is requesting the following: 1.) Setup of 20 courts on Saturday, March 22nd and 10 courts on Sunday, March 23rd on the beach adjacent to Sandoway Park. 2.) A $5.00 parking fee per car per day with restricted parking at Sandoway Park for players. Our Ocean Rescue staff collects this money and deposits it in their competition fund. 3.) Allow their maintenance vehicles access to the beach from Friday (May 2, 2003) through Sunday for setup and takedown. 4.) Provide overnight parking for the maintenance vehicles. 5.) All cleanup during and after the event will be provided by their staff. 6.) They are requesting signage for 11 sponsors for advertising, one of which is Corona Light. All banners will be removed at the end of the event on both days, and will not be left overnight. 7.) They will provide us with a certificate of insurance, naming the City of Delray Beach as additional insured with a minimum of $1,000,000 liability. :: . .-) :~; ';' ft, M/\TTER',. 2 8.) They will donate $1,000 to the Ocean Lifeguard competition fund. We have had successful volleyball tournaments on our beach with other groups in previous years. I recommend approval for this event, and request you place it on the January 21, 2003 agenda for City Commission consideration. Please review and advise. Parks and Recreation Attachment cc: Rich Connell Assistant Director of Parks and Recreation Bob Taylor Ocean Rescue Superintendent Chevelle Nubin Agenda Coordinator JW:cp Ref:eastendvb .J.en UI U:.:l U4t:~lro Klcn.erc Helle~ b,Jl~{CO-O~(C 1'" , Box 49 Hampton Bays, NY 11946 eevb@peconic.net www.eovb.net 631-728.0397 Fax: 631.728-6978 January 7, 2003 Joe Weldon Parks and Recreation Department 50 NW 1stAve. Delray Beach, FL 33444 Fax: 561-243-7268 Dear Me Weldon, Here is the additional inforrnation that you requested. Please consider it as an addendum to my earlier letter. The $1,000 fee for using the beach is acceptable to EEVB. The following companies wili sponsor the event: 1. Corona Light 2. Wilson Sporting Goods 3. Southwest Airlines 4. Native Eyewear 5. WearEver Beach Chairs 6. Sixpak Volleygear 7. Atlantic City Hilton Casino 8. Park & Sun Sports 9. Spike Nashbar 10.AVP Pro beach Volleyball Tour 11. Glamour Magazine All of these sponsors. will have some signs at the event. The tournament can be located at your discretion anyplace along the beach. I understand that players will have to pay a parking fee. My contacts at other sites are: Clearwater Beach: Jon Russell 727-562-4811 or irussell@clearwater-fl.com Jacksonville Beach: Marilyn Matejcek 904-247-62680r mmatejcek@jaxbchfl.net Miami Beach: Maggie Fernandez 305-673-7577 or m~gaiefernandez[a)cjrnlami- PSlac!'l,JI.lJ.S Jan 07 03 04:21p Richard Heiles 631-728-6878 p.c EEVB has been running tournaments since 1977. I believe you wili find after speaking with the above city contacts that we are one of the easiest tours to deal with. I am open to whatever suggestions or requirements that you have in order to make this event work this season. Please feel free to contact me if you have any other questions. Sincerely, Richard Heiles Slnce 1977 Box 49 Hampton Bays, NY 11946 eevb@peconic.net www.eevb.net 631-728-0397 Fax: 631-728-6978 December 30, 2002 Joe Weldon Parks and Recreation Department 50 NW 1 st Ave. Delray Beach, FL 33444 Dear Mr. Weldon, East End Volleyball would like to request permission to hold a beach volleyball tournament in Delray Beach on March 22-23, 2003. The tournament would be held across the street from Boston's, which will be one of the event sponsors. East End Volleyball has been promoting tournaments since 1977. We currently hold tournaments at sites from Newport, RI to the Florida keys including Jacksonville, Miami Beach, Siesta Key, Clearwater and Islamorada, Florida. You can see photos and additional information on our web site www.eevb.net. The tournament will be held on Saturday from 8 am to 7 pm with 20 courts with 150 players, and Sunday on 10 courts with 80 players. Divisions will be held for novice, intermediate and skilled level players. The top players have competed on the AVP Pro Beach Volleyball Tour and will use this event as a warm up for the professional season. I am not completely familiar with Delray Beach so I will accept your decision about where players should park. The tournament will have a main court with sponsor signs and canopies. Enclosed are photos from past events that show a typical setup. The only question that I have is about the donation. The typical fee that EEVB pays in Florida is approximately $500. The only site that has a higher fee is Clearwater Beach, where we attract over 200 teams on 30 nets. If possible, I would like to have a smaller donation of $500, at least until the tournament becomes established and draws a larger crowd. The first year at any site is always the hardest to get going with the most expenses. I would like to make this an annual event, which will create a regular donation each year. Please let me know if you have any questions or if you need any additional information. A very good way to reach me is by email (eevb@peconic.net). Thanks for your time. Si[glftb Richard ~s i\ECEnED JAN 3 20W BIG SH~T "C>>LLE"YB.A..LL eevb.net - ~ EII6IlJ/tI .'IB*" Box 49 Hampton Bays, NY 11946 eevb@peconic.net 631-728-0397 Fax: 631-728-6978 Big Shot 'ollllyball March, 2002 Siesta Key Clearwater Beach Miami Beach Date: January 13, 2003 AGENDA ITEM NUMBER:~ AGENDA REQUEST Request to be placed on: .JLConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: January 21, 2003 Description of Agenda Item (who, what, where, how much): Request approval to host East End Volleyball Tournament March 22 and 23, 2003 on our municipal beach using 20 courts on March 22nd and 10 courts on March 23rd on the beach near Sandoway Park. They will donate $1,000 to our Lifeguard Competition Fund and the $5 parking fee per car per day will also be deposited in this fund. Department Head Signature: . ~ il () /~.~ City Attorney Revi 'Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: 8' No Hold Until: Initials: 4- Agenda Coordinator Review: Received: MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER ~ AGENDA ITEM # <6l- - REGULAR MEETING OF JANUARY 21. 2003 SPECIAL EVENT REOUEST /PRO-MOTIONS VOLLEYBALL TOURNAMENT TO: SUBJECT: DATE: JANUARY 17,2003 This is before the Commission to approve a request from Pro-Motions Sports Marketing for special event approval to allow the Pro-Motions Volleyball Tournament to be held at the municipal beach on May 3 and 4, 2003. Details are outlined in the attached memorandum from Mr. Weldon. We have hosted other volleyball tournaments by Pro-Motions on our municipal beach and it has been very successful. Recommend approval of the special event request for the Pro-Motions Volleyball Tournament. S:\City Clcrk\chcvelle folder\agcnda mcmos\Pro-Motions.l.21.03 [IT' DF DELRA' BEA[H DElRAY BEACH ~ All-America City '1111: 'J 'Jr' ~ "t J-\')t:NU~~. Of::~lPAY BEACH, FLORIDA 33444 561/243-7000 1993 2001 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Pro-Motions Volleyball Tournament - May 3 - 4, 2003 DATE: January 13, 2003 Attached please find a request from Gino Ferraro of Pro-Motions Sports Marketing to hold a volleyball tournament on our beach on May 3 and 4, 2003. Pro-Motions Sports Marketing is requesting the following: 1.) Setup of between 15-20 courts on the beach adjacent to Sandoway Park. 2.) A $5.00 parking fee per car per day with restricted parking at Sandoway Park for players. Our Ocean Rescue staff collects this money and deposits it in their competition fund. 3.) Allow their maintenance vehicles access to the beach from Friday (May 2, 2003) through Sunday for setup and takedown. 4.) Provide overnight parking for the maintenance vehicles. 5.) All cleanup during and after the event will be provided by their staff. 6.) They are requesting signage of 2' advertising. All banners will be removed days, and will not be left overnight. X 8' courtside banners for at the end of the event on both 7.) They will provide of Delray Beach as liability. us with a certificate of insurance, naming the City additional insured with a minimum of $1,000,000 }: f\ \/Jj).,'/~; ~,~;}.TTER:~ 2 8.) They will donate between $750 and $1,000 to the Ocean Lifeguard competition fund. We have had other successful Motions in previous years. request you place it on the consideration. volleyball tournaments on our beach by Pro- I recommend approval for this event, and January 21, 2003 agenda for City Commission Please review and advise. ~ Parks and Recreation Attachment cc: Rich Connell Assistant Director of Parks and Recreation Bob Taylor Ocean Rescue Superintendent Chevelle Nubin Agenda Coordinator JW:cp Ref:promotvb From to 1-561-243-7268 at 12/18/02 12:03 PM Pg 002/002 ~.., fLO~iPA B> f A ( J-I .... . . VQLLfYMLL TOVP- Dear Mr. Connell, : am writing you regarding our conversation on the phone a couple of weeks ago. On May 3-4, 2003 Pro- Motions Sports / USA Volleyball would like to run a beach volleyball tournament on Delray Beach. The site we are requesting is adjacent to Sandaway Park. We propose to erect 15-20 courts on the sand front of Sandaway Park. The set up for the event would take place on May 2n. Our staff would be responsible for all set up and tear down for the event We do not anticipate any alcohol or tobacco sponsors. The event would be totally cleaned up by Sunday evening Pro-Motions Spo:is has run volleyball tournaments on Delray Beach in the past, and would love to return this year. As we have done In the past, Pro-Motions Sports would be making a donation to the Delray Beach Patrol In appreciation for their support of the event ($750-$1 000) Special Needs! Concerns .Parking; Pro-Motions requests the use of Sandaway Park to be as the designated parking area In the past the lifeguards have collected a $5 fee for all day parking. We would like to use this same system again. -Set up needs; On May 2nd we request the access to the beach for our veh:cle to drop off equipment to be set up. -Advertising; Signage on the beach will consist of courtside banners. (2'x8') All banners will be removed at the end of the event on both days, and will not be left overnight -Insurance; Upon approval by the City of Delray Beach, Pro-Motions shall forward a certificate of insurance naming the city of Delray Beach as add~lonally insured. If there are any questions or concerns regarding this event please feel free to contact me at 954-316- 6642 or 954-224-5739. Thank you for your consideration of hosting our event Gino Ferraro Pro-Motions Sports Marketing 2400 SW 16 court Fort Lauderdale FL 33312 ~~,~~,~~~o ~O.~L ~~y {-~J."Ot:'..:: l'"'~l..W\'1U I J.UI'!;:' ~I"""UI"'< I ::0 .. "'-~"--'~~t~.~~:,w:..~:T.{}'j, I"""~i.;lt:. ~:.! . '.<. ).<>>WeIdoli. . '. Otlray ~Ch.'Parlia and Reo.'.' 50NW1Ave. .bellay ~!i1,33444 "', '.' .' .' . '."' ...:--:,,\:',;~.:t, .'. '. ...... .... ....., .. ':;if)i [)i:;UMr. W;IdOll . .' . .... '." .',' ..... < '..' ". .'. ...... ..... .'. .............., . ." ..<,>;'fii: '.1 llniwritil1lJjyOll in referellce:t~I)-UI>I'!i!:llle:<<inv~lItJ(iriil*ple tit' ~e~~. ..~i~',' . prollOsillg~~Ch vOUeyb&llctOlll1lllmC!ltto:j)eli.!l(ft:~~S~1003 Thep~s~d: ""'. .., w\l\lI~'beh$fldjacei:lttoS~!lll!'k Qrr~Y'8~lt'1?leli\secOlltaot~.oitll:i#' ' .ptj)i:~.we:tteed tx;, fl,lll(\wtn ~"~1'I~5Ilni'p6rmitltf{Jr 1tJe'ev(!11t1ff.j~ro~' t!iO~nt is1~ Florida BeaQ.h: Votf~ltnTllIJl,:"My<<l~:Ytlaltlei<i Pr~tttl~< " S~ MlItk\\Ung." Las! year.lWl,\stlle. ~nldi~.tiirfofth"(N(.IlIeybllnplll#l:If!ii;lf~M} ;rSi!!ilihin;l$tate'()amlls, andltil-vr;riinlltflel v(llt~eWllt~~'! ,b!:lrlly~~~\j~:tI\e:" ., :;it'~ ~OfltaQtml;l. if there i~ llilY;~n llleeq'\O.~it'tQgt~~proce,~sUll~.. :{'il' Th~!l;you,f6f,()ut atientioll !ntlti$~t!er .' ~;:"r,:, ,'. :~ "_': " , :: (,.rinoF~f11t(l . . " ,PrO,MotiOO8.SportS Marketj1:\g1I,,;I:~A Volle:YbldJ /,i2~Il.OSW16Gou(t. . . . l;':Fi~itLaUd0rdaIoFL33312 . . . '.'.. ." .\-t~.'. .' lt~ . ". {'-^U1.y ....... Date: January 13, 2003 AGENDA ITEM NUMBER: ~~. AGENDA REQUEST Request to be placed on: ~Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: Januarv 21, 2003 Description of Agenda Item (who, what, where, how much): Request approval to host Pro-Motions Volleyball Tournament May 3 and 4, 2003 on our municipal bach, using 15-20 courts on the beach near Sandoway Park. They will donate between $750-$1,000 to our Lifeguard Competition Fund and the $5 parking fee per car per day will also be deposited in this fund. Department He Signature: o .J2Il iew/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @ No Initials: 4- Hold Until: Agenda Coordinator Review: Received: OA': vM [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE D*I:II iijjr 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM 1993 DATE: January 16, 2003 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Delray Beach Golf Course Management and Tennis Management Contracts Bond Counsel has opined that the above management contracts require amendment to the performance bonus sections to add the phrase, "In no event will the yearly fixed bonus be based on net profits or a combination of gross revenue and expense targets", in order to avoid running afoul of certain tax rules. endments contain the above additional language. Attachments Cc: David Harden, City Manager Robert Barcinski, Assistant City Attorney Becky O'Connor, Treasuer Stephen Sanford, Esq. ~~ ..Conner. RelDecca From: Sent: To: Subject: SanfordS@gtlaw.com Monday, November 18, 2002 1:00 PM oconnorCci.delray-beach.fl.us FW: Defray golf course management contract ,<' as requested > -----Original Message----- > From: Wolfe, Timothy (Shld-Phil-TX) > Sent: Thursday, November 14, 2002 10:06 AM > To: Sanford, Stephen (Shld-WPB-Bond) > Subject: RE: Delray golf course management contract > > I am not sure. I think losing. > > > > > > > > I don't remember did Becky say she was losing money or breaking even? > > > > > > > > > > > > > > > > > > > > > > > > > -----Original Message----- From: Sanford, Stephen (Shld-WPB-Bond) Sent: Thursday, November 14, 2002 10:00 To: Wolfe, Timothy (Shld-Phil-TX) Subject: . RE: Delray golf course management AM contract -----Original Message---__ From: Wolfe, Timothy (Shld-Phil-TX) Sent: Thursday. November 14, 2002 8:31 AM To: Sanford, Stephen (Shld-WPB-Bond) Subject: Delray golf course management contract The management contract would be a qualified contract except that the bonus provision in paragraph 9 is open ended - i.e. the parties could base it on net profits which would violate the tax rules. If they wanted to fix it, they could add a sentence: 'In no event will the yearly fixed bonus be based on net profits or a combination of gross revenue and expense targets.' The limit to 15% of the fixed compensation is important since that means the fixed portion of the manger's compensation will be at least 80% of total yearly compensation. If the bonus portion exceeded 20% of the total yearly compensation, then the contract would have to have a provision permitting the city to terminate after the 3rd year without having to pay the 6 months severance. On the other hand, if the golf course is losing money and will continue to lose money, then it doesn't matter whether the contract is a qualified contract. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. TO reply to our email administrator directly, please send an email topostmaster9gtlaw.com. 1 AMENDMENT NO.1 TO THE MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT THIS AMENDMENT NO. 1 to the Municipal Golf Course Management Agreement is made this day of , 2003, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and DUBIN & ASSOCIATES, INC., ("Dubin"). WITNESSETH: WHEREAS, the City and Dubin desire to amend the Municipal Golf Course Management Agreement to clarify that the bonus provision is not open ended and meets IRS rules for qualified contracts. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Performance Bonus. Paragraph 9, "Performance Bonus", is hereby amended to read as follows: 9. Performance Bonus. In addition to the base payment, Dubin shall be eligible to receive a yearly fixed bonus payment on or before December 1st of each year. The performance bonus shall be contingent upon accomplishing specific yearly goals and objectives as agreed to by Dubin and the City Manager in writing and approved by the City Commission. The goals and objectives shall be established on a yearly basis by October 15 of the year preceding the year in which the bonus is to be paid. In any event, the standard aggregate bonus paid to Dubin in anyone year shall not exceed 15% of the base fee. In no event will the yearly fixed bonus be based on net profits or a combination of gross revenue and expense targets. I 2. ADDllcabilitv. All other terms of the original Agreement remain in full force and effect, except as expressly modified herein. 3. Effective Date. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day of ,2003. CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor ATTEST: City Clerk Approved as to form: City Attorney DUBIN AND ASSOCIATES, INC., a Florida corporation By: Name Printed Title: Date Signed: WITNESSES: (Name printed or typed) (Name printed or typed) 2 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of (name of officer (name of (state or place of incorporation) He/She is personally known to me or has (type of identification) as identification. , 2003 by or agent, title of officer or agent) of corporation acknowledging), a corporation, on behalf of the corporation. produced Signature of Notary Public - State of Florida 3 AMENDMENT NO.4 TO THE TENNIS CENTER MANAGEMENT AGREEMENT THIS AMENDMENT NO. 4 to the Tennis Center Management Agreement is made this day of , 2003, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the .City"), and DUBIN & ASSOCIATES, INC., ("Dubin"). WITNESSETH: WHEREAS, the City and Dubin desire to amend the Tennis Center Management Agreement to clarify that the bonus provision is not open ended and meets IRS rules for qualified contracts. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Performance Bonus. Paragraph 5 of Amendment No. 2 which supercedes Paragraph 9 of the original Agreement is hereby amended to read as follows: 5. Performance Bonus. In addition to the base payment provided for in the Original Agreement and this Amendment No.1, Dubin shall be eligible to receive a yearly fixed bonus payment on or before December 1 st of each year, except that the bonus payment that may be due under this Amendment No. 1 on the base payment described in Paragraph 4 of this Amendment No.1 shall not commence until December 1,2001 and shall be payable on or before December 1st of each year of this Agreement thereafter. The performance bonus payment shall be contingent upon accomplishing specific yearly goals and objectives as agreed to by Dubin and the City Manager in writing and approved by the City Commission. The goals and objectives shall be I established on a yearly basis by October 1 st of the year preceding the year in which the bonus is to be paid. In any event, the standard aggregate bonus paid to Dubin in any one year shall not exceed 15% of the base fee provided for managing the Original Site and Additional Site. In no event will the yearly fixed bonus be based on net profits or a combination of gross revenue and expense targets. 2. Applicabilitv. All other terms of the original Agreement and amendments thereto remain in full force and effect, except as expressly modified herein. 3. Effective Date. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day of ,2003. CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor ATTEST: City Clerk Approved as to form: City Attorney DUBIN AND ASSOCIATES, INC., a Florida corporation By: Name Printed Title: Date Signed: WITNESSES: (Name printed or typed) (Name printed or typed) 2 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged , 2003 by or agent, title of officer or agent) of corporation acknowledging), a corporation, on behalf of the corporation. produced before me this _ day of (name of officer (name of (state or place of incorporation) He/She is personally known to me or has (type of identification) as identification. Signature of Notary Public - State of Florida 3 MEMORANDUM TO: FROM: MAYOR AND CITI COMMISSIONERS CITI MANAGER o?V1 AGENDA ITEM # <b~ - REGULAR MEETING OF JANUARY 21. 2003 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS SUBJECT: DATE: JANUARY 17, 2003 Attached is the Report of Appealable Land Use Items for the period January 6, 2003 through January 17, 2003. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. s: \City Clerk \chevelle foldcr\agenda memos \apagmem.l.21.03 :>l TO: FROM: D~ T. HARDEN., CITY MANAGER V~~< P?;L D~R~~CTOR OF PLANNING AND ZONING IAS~~EN'PLANNER MEETING OF JANUARY 21, 2003 .CONSENT AGENDA. REPORT OF APPEALABLE LAND USE ITEMS JANUARY 6, 2003 THRU JANUARY 17, 2003 THRU: SUBJECT: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 6, 2003 through January 17, 2003. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. .1II~_III_lli__" A. Approved (6 to 0, Eliopoulos stepped down), a flat wall sign for Marriott Residence Inn, located at the northeast corner of East Atlantic Avenue and Sea breeze Avenue (1111 East Atlantic Avenue). B. Approved (7 to 0), a request for a color change for Frances Brewster, located at the southeast corner of East Atlantic Avenue and Venetian Drive (1100 East Atlantic Avenue). C. Approved (7 to 0), the architectural elevation plan for Congress Commerce Center, a proposed 208,323 square foot planned commerce center, located at the southeast corner of Lake Ida Road and Congress Avenue. The site plan and landscape plan were previously approved by the Board. City Commission Documentation Appealable Items Meeting of January 21, 2003 Page 2 1. Approved (5-0), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the conversion of a contributing single family residence to office for 123 South Swinton Avenue. Concurrently, the Board approved a demolition request and waivers to allow one parking space to be located within the front yard and reduced the required landscape strip on the north side of the parking area from 5' to 4' and on the south side from 5' to 3.5'. The Board also approved a variance to allow a back-out parking space onto Swinton Avenue. 2. Approved (4-0, Mr. Keavney stepped down), a request for a Certificate of Appropriateness associated with the enclosure of a porch for a contributing accessory structure, for the Brezinski Residence, located on the south side of NE 7th Street, east of Swinton Avenue (110 NE th Street). 3. Approved (5-0), a request for a Certificate of Appropriateness associated with the installation of an awning for the Popper/Barnett Residence, located on the west side of SE 7th Avenue, south of SE 3' Street (330 SE 7th Avenue). 4. Approved (5-0), a request for a Certificate of Appropriateness associated with elevation changes for Brisa Atlantica Restaurant, located on the east side of SE th Avenue, 90 feet south of East Atlantic Avenue (9 SE 7th Avenue). No other appealable items were considered by the Board. However, the Board did consider the following item: . Recommended to the Planning and Zoning Board approval (4-1, with Ms. Sexton dissenting) of the abandonment of the north-south alleyway lying within Block 61, which is located on the south side of West Atlantic Avenue, between Swinton Avenue and SW 1st Avenue, subject to conditions. .~~I~IIIIIIII~I~IlIIIIIIIIIIII~IIII!!IIIIIII_I_!~IIII~11I~IIII~~].~~!" No Regular Meeting was held during this period. 1I11___!_I~IOOIII~II_ By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - January 21,2003 LAKE GULF STREAM BLVD. L-30CANAL ~ ~ ~ < g '" < 900 -, J h ~ ~ e 0 ~ ~ ~ " " o '" '" i qj o " ~ ~ " ~ ~ ~ ~ " "' ~ ~ '" t!; 50 r L. c- NW.2NDST. 2 Q 3 ~ IDA ROAD ~ ~ ~ o ~ ~ <li LAKE 1.04 ROAD r' -. L .._._J'-' AVE ATLANTIC ., r , LJ ..., _..J ~ I o ~ < ~ ~ ~ 'l: .. " " Cl ~ o ~ ~ S.w. 10TH ST. j!; is ~ L....J ~ ~ .. '-' '" '" " '... .... 'l: .. .... .... "" LaWSON BOULEVARD ~ '" i'! ~ 2 ~ o ~ " ~ < ~ ~ ~ ~ LINTON BOULEVARD .,,~ I'..., "'" Os :!!<wro,"" LINTON L... \l.O"tl ~ ~ "' ~ ~ 1; o S.PRAB.: A MARRIOTT RESIDENCE INN B. FRANCES BREWSTER C. CONGRESS COMMERCE CENTER CITY LIMITS ^ " ,/ 'v' ONE MILE +E S L-3BCANAL C.15CANAL HPB. : 1. 123 SOUTH SWINTON 2. BREZINSKI RESIDENCE 3. POPPER I BARNETT RESIDENCE 4. BRISA ATLANTiCA GRAPHIC SCALE ~Q CITY OF DELRAYBEACH, FL PLANNING & ZONING DEPARTMENT 2003 -. DIGITAL BASE.MAPPING SYSTEM -. MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER e?V1. AGENDA ITEM # ~(). - REGULAR MEETING OF JANUARY 21. 2003 AWARD OF BIDS AND CONTRACTS TO: SUBJECT: DATE: JANUARY 17, 2003 This is before the City Commission to approve the award of the following bids: 1. Various bid awards in the amount of $310,728.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fundi Automotive). 2. Bid award to Eagle Painting of Pompano, Florida in the amount of $29,350.00 for the painting of the Crest Theatre, Gymnasium, and Museum Building at Old School Square including alternatives one (1) and two (2). Funding is available from 334- 6111-519-65.55 (General Construction Fund). Recommend approval of the above bids and purchases. S:\City Clerk\cheveUc foldcr\agenda mCffio\Bid Memo.1.21.03 MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t1iV1. AGENDA ITEM # ~Q. - REGULAR MEETING OF JANUARY 21.2003 AWARD OF BIDS AND CONTRACTS SUBJECT: DATE: JANUARY 17,2003 This is before the City Commission to approve the award of the following bids: 1. Various bid awards in the amount of $310,728.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage FundI Automotive). 2. Bid award to Eagle Painting of Pompano, Florida in the amount of $29,350.00 for the painting of the Crest Theatre, Gymnasium, and Museum Building at Old School Square including alternatives one (1) and two (2). Funding is available from 334- 6111-519-65.55 (General Construction Fund). Recommend approval of the above bids and purchases. S:\City Clerk\cheveUe folder\agenda memo\Bid Memo.1.21.03 PUBLIC WORKS MEMORANDUM To: David T. Harden, City Manager From: Richard C. Olson, Interim Director of Public Works Date: January 13, 2003 Subject CITY COMMISSION MEETING JANUARY 21. 2003 BID AWARD - REPLACEMENT VEHICLES Action City Commission is requested to approve bid awards for replacement of City vehicles per staff recommendation. Backl!round City vehicle replacements are requested on an annual basis due to age, mileage, repair costs, or a combination of the above. Attachment "A" is a proposed list of the vehicles being recommended for replacement this year. Vehicles 1-5 have already been approved. Recommendation Staff recommends various bid awards from Florida Sheriff Association Contract, as specified in A1tachment "B" and from lhe State of Florida Contract attachment. "C". The unit costs include various options and extended warranties on all vehicles. Not included are some option items that we will acquire from other vendors not available on these conlracts. The total of the recommended purchases is $ 310,728.00. Additional vehicles will be proposed for replacement at future meetings. Funding is available from the FY02-03 budget in Cily Garage Acconnt #501-3312-591- 64.20. Attachments (2) C: Bill Darty Fi le:u: fischer/agenda 1-03 .doc '6,0 :L ! ~;~,~ !1~",i,u~,H.! "I,,"'I! J i'l1!I~i~~:~:~;!i"~'~!~ ~!~!i~ii'I!I;liii !I'~i~," /;11 "U'I""" !,!i.,ol',! .. E'E~::l'!!IJ:l:eP!!if:l:'!!'!!::::''!! lll:!::I;:::i I;! r o jL~ 'P! ~~~i ~i ~ u> . j , , Ii IiI -urr- ~ ~ City of Delray Beach Proposed Vehicle Replacement Listing FY 02-03 Attachment "B" Florida Sheriffs Association , 1"'''0 Line New Vehicle , Item # Description Vendor Make Model Cost Total Cost 6 3/4 Ton Utility Trk FSA Spec #19 Ford F-250 SO 22.044 22.044 7 3/4 Ton Ulility Trk FSA Spec #19 Ford F-250 SO f------.. 44.088 22.044 8 Mini Cargo Van FSA Spec #13 I Ford E-150 Van 15.930 60,018 9 3/4 Ton Utility Trk FSA Spec #19 I Ford F-250 SO 22,044 82,062 10 1/2 Ton Cargo Van FSA Spec #13 ;Ford E.150 Van 16,633 98,695 11 4 Door FWD FSA Spec #4 I Dodge Intrepid 15,642 114,337 13 3/4 Ton Utility Trk FSA Spec #19 Ford F-250 SO f-_22.04,,_ 136.381 14 4 Door FWD FSA Spec #4 Dodge ilntrepid 15.742 152.123 15 4 Door FWD FSA Spec #4 Dodge ilntrepid 16.632 168.755 m 16 4 Door FWD FSA Spec #3 Dodge ilntrepid 17.777 186.532 17 4 Door FWD FSA Spec #4 Dodge ____~?~J~ 15.742 202.274 -- 18 ~~!~1?~J!1_t~!:~ept~r FSA Spec #1 Ford Crown Vie 28.640 231,114 24 4 Door FWD FSA Spec #3 Dodge I Intrepid 17.7771 248.891 1/13/03 City of Delray Beach Proposed Vehicle Replacement Listing FY 02-03 Attachment "C" State Contract ""'" Line New Vehicle Item # Description Vendor iMake Model Cost Total Cost 19 Tractor 4X4 765-900-252 I John Deere 4310 14,354 14,354 20 Tractor 4X4 760-960-100 John Deere 210LE 32,538 46.892 26 Mulchlng- Mower 515-630-00;r--foro------- C-roro-:j28D 14;945 I3l837 1/13103 " ~ ~ N itl}_~~ _~ ~!~ ~~a; .__ ... 0 <to "'... 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I'~.i,a ,~eN:! ~ICOCC~C'8~~~~!ii!ii ~ i- ~I i ~ ~ ~ OJ ~ ~ ' , IHiHUI~'ln~n~~~~~ iei~' !:;s!." ~ N nln " " " " " n " c"'; n !~l- ",~..:~8RJ~lf:~f;f~f::::: i~! _L_.._. . .., . ._. ..... ..... l1<1 !:",' 9 5".5" l1 :?19 9119 l1 9!l1l1l1l1l1 aa ~ 5" 5" a~,~~~ a~,a a aa a ~o flf .. 010, 0, . <:.... n _ "',.. n_ ~r ~( --+- ~ a ~ o ~0 ~ ~-< w-nli9. ~6~~ ror;:>roiiJ ~S~~ }>; ~ ~ ~g. r ~ 5 ~ ., AGENDA ITEM NUMBER: ~o~ AGENDA REOUEST Request to be placed on: ~ Consent Agenda _ Regular Agenda _ Workshop Agenda_ _ Special Agenda When: January 21, 2003 Description of agenda item (who, what, where, how much): City Commission is requested to approve bid awards for the replacement of City vehicles. o,epartment Head~ l ~ SIgnature: 0( \..-.-J City Attorney Review IRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Availahle: @ I No Initials: -J# t.- i II'/IIJ' Account Number 501-3312-591-64.20 Description Account Balance: "'ib71/~I.]7 'f' 'f ,hi",:! Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:&1 No lnitials:4- Hold Until: Agenda Coordinator Review: Received: MEMORANDUM To: David Harden, City Manager From: ~ Richard C. Olson, Interim Director Pnblic Works Date: Jannary 13, 2003 Re: City Commission Meetinl! Januarv 21, 2003 Painting of Crest Theatre, Gymnasium, and Museum Building at Old School Square Action City Commission is requested 10 award bid for the pamtmg of Crest Theatre, Gymnasium, and Museum Building at Old School Square and allernatives I, and 2 to Eagle Painting of Pompano, Florida in lhe amount of$29,350.00. Funding is available in account number 334-6111-519-65.55. Backl!round Funding was set aside in fiscal year 2003 Capital Improvement Plan for improvements at Old School Square. Specifically, $30,000.00 was included for painting of the Crest Theatre, Gymnasium, and Museum Building at Old School Square. An invitation to bid for this project was advertised on 12/26/2002 and a pre-bid meeting was held on 1/7/2003. A bid opening on the project was held on 1/14/2003. The City received II bids, which are reflected on the attached bid tab sheet. Eagle Painting was the low bidder when alternatives were included. Eagle Painting has done a number of projects lalely for the City including the Public Works compound, Police and Fire Headquarters, Teunis Center, and the Sandoway House. City staff has been pleased with Eagle's past performance. The bid specifications called for a base bid that included applying one coat of primer and two coats of first line acrylic paint. The contractor must guaranlee his work for three (3) years and the paint manufacturers must warrant the paint producl for five (5) years. Two (2) alternatives were included in the bid documents. The alternatives were as follows. Alternative #1: Was for pressure cleaning of brick tile roof on the Crest Theatre Alternative #2: Pressure cleans the slale tile roof on the museum. An inspection of building indicated that some of the wood fascia board is in need of repair. An addendum was issued requesting a price per linear foot for replacement of damaged fascia board in excess of 100 linear feet. S,O.2., Recommendation Staff recommends approval of a bid award to Eagle Painting in the amount of $29,350.00 the base bid and alternatives I and 2, and a per linear foot charge for all damaged wood in excess of 100 linear feet of $8.00, with funding from account number 334-6111-519- 65.55. File: u/Fischer/agenda/agendaoss.doc w '" <( ::l a III oJ 0 ::t: 0 :l: () U c( III Q W oJ aI 0 '" co ~ ... III co ~ '" ... M zoO co i5~ co ...J N:::!~ W "::l<( C !:;;pn ~ u.. m,"z 0<( 0 0:"" ~ w 5 () ... 0 '" z >= z :;;: 0. '" '" '" . 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" '" '" .,; 8 ,,; ;! ~ '" '" .,; ~ o .. :! ~ o '" .,; ~ ~ '" " ~ o o .; :Ii N " ~ '" '" .; '" '" '" ~ ~ '" '" .; '" '" '" ~ ~ '" '" .; '" " :t ~ '" '" .; M ~ '" . ~ '" '" " :! ,.: ~ ~ '" '" .; ;X .; ~ ~ '" '" Iii ~ '" N ~ t iO - o to- AGENDA ITEM NUMBER: '?:~ AGENDA REOUEST Request to be placed on: ----X- Consent Agenda _ Regular Agenda _ Workshop Agenda_ _ Special Agenda When: 1/21/2003 Description of agenda item (who, what, where, how much): Request to award bid for the painting of Crest Theatre, Gymnasium, and Museum Building at Old School Square and lagernatives 1 and 2 to Eagle Painting of Pompano, Florida. ~epartment Heacf? ~ SIgnature: ------- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: @/No Initials:#~ 1!J,f/tJJ Account Number 114-611] -519-6'). ')') Description Account Balance: 1>}..{) {;, co 0 . qf O.L 1/1...>101 Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:@/ Hold Until: No lnitials:4 Agenda Coordinator Review: Received: MEMORANDUM SUBJECT: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER ~ AGENDA ITEM; 1Y _ REGULAR MEETING OF JANUARY 21. 2003 JOINT PARTICIPATION AGREEMENT /PALM BEACH COUNTY JANUARY 17,2003 TO: FROM: DATE: This is before the Commission to approve the Joint partlC1pation agreement in the amount of $205,230.41 between the City and Palm Beach County for utility upgrades and relocation for the Unton Boulevard Widening Project. Funding is available from 442-5178-536-65.13 (Water Main Relocation/Unton Boulevard). Recommend approval of the joint participation agreement with Palm Beach County for the Unton Boulevard Widening Project. S:\City Clcrk\chevdle folder\agenda memos \Joint Participation Agmt.01.2t.03 ?\'L-""", 0 <..y, '.<- , .I ' o( '!""'--".::....~.::: ~~(J ~4j:.--i.~~ City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M TO: David T. Harden City Manager /') /_ Randal L. Krejcarek, P.E'K~Iv'( 17 Jan 2003 FROM: DATE: SUBJECT: JOINT PARTICIPATION WITH PALM BEACH COUNTY LINTON BLVD WIDENING UTILITY UPGRADES AND RELOCATION PROJECT NO. 1997-044 Attached is an Agenda Request, location map and a copy of the proposed Joint Participation Agreement between the City of Delray Beach and Palm Beach County for Ulility upgrades and relocation associated with the subject project. These adjustments are associated with the Roadway Widening Project. I have reviewed the plans and concur with the County's quantities for utility adjustments. The total amount of the agreement is $205,230.41 and funding is as follows: (Budget Transfer attached) I. 442-5178-536-65.13 Watermain Relocalion - Linton Blvd $205,230.41 Please place this item on the 21 Jan 2003 Agenda for consideration by City Commission. cc: Richard Hasko, P.E., Director of Environmental Services '6~ S:\EngAdmin\Projects\1997\97-044\OFFICIAL\2003-01-21 agenda memo. doc I': ";-( - )1 / ~ ,(s;?0l ~~~cccc,~ '-~<-:--:i~ " _ -- ~ 1 "",/. / 'b/ /' (/,-~~~/_~ ,.,_11 'I , '~,--' (~"I \\ ,. IL '-.......----'. :'1 .---' II i'-'c=5J -........~=::C' SOUTH 1111 LIT AR Y --fR-" I L " . C:~--n--_'- ~ . " '____.... I' -1 i~( \~'I \\,~',' ". !! I~ I~I '\' /i ,. /1; .~, \' / '.. .,' /, " ~ -- _ \>,//:"': (~_f (-;J: ; ~i ~ - .~ .- IY:;i\'\ :J \\;/1 --~ :, 'I // \1\ \ \ C) ,r, I . I 1 /11'~ (\ \ . ..' & "",C :::00- ==1) \~ I I i 'II" ~~/, . Iii III \(>~ \~ ') ._J L I ~-\\Jl~~e_-=i::J I rl., II rr! ( ,;;:~-,;:Ol . , J I ,1,'1 ~ "',-- -, ~ '~ 'ul i~i!f\Jj 1 ~__m_~ IU ~~.j fJ n~~7~(l '~~'.~';-~I" l". ~ ' -.' " r~ ;lq1 ~k~ ,\\<K~J;. n: : i! ,~ F l "" j' ] =: !~ ~'~_1 '; ~ ~ C :J ; CANAL E-':" _'___._~ le= DCl ~~-~ f:'J"I91-i '.f ~~iLl ~ ;;~----=" ., j\ rll,,-~,I ~cn I I 1___J )!I )/ ' , --~/.( -I (Ii.. -__e-,~ ~ i~_ ~-:c::,=~ ~/I~ If ! I ~~ J~ ~ ~ I"', :"'000 "'" lYr2 I~ L ~ " "'", 7// ". ---~--) /~..-!.( ,. ~ . >;lH ^"'. "__,'. -- '/~~" j !./~ "(~~"- "^'- I Ii' : (~' ,,-, ",,- ~ /; / \\~,,-: .~~-----"~---7 / ~"s~ I L,____ _em" ' ,I i II~ /r".e><=~,~ I UJy / \~-?~ ~e_\ I ~~~~, ~)flrl~ VO==~'I ~ (J, cA;;; _ '" %.-.. ~J- ~ '" ~ ~~~~ .- \,,-.f 1:~_ ~ ~ \ \ \ ~ s~ ~ ~ \ i\ ~ _ <"""" b!. l~~-J . ~ CITY of DELRA Y BEACH I ~$ ENVIRONMENTAL SERVICES DEPARTMENT .434 SOUTH SWNTON AVEN..E, DB..RAY BEAOi, A...OFlDA 33444 ---- I' 'p ~O '" .;...---"_.~~~ /jf "'00' LOCA TION MAP 97-044 I .. VII!: N u" LI NTON BLVD AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF DELRA Y BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF LINTON BOULEVARD MILITARY TRAIL TO CONGRESS A VENUE PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 95506 THIS AGREEMENT, made and entered into this day of 2002, by and between PALM BEACH COUNTY, a political subdivision in the Slale of Florida, herein referred to as "COUNTY" and the CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, the COUNTY intends to construct improvements to Linton Boulevard from Military Trail to Congress Avenue, hereinafter "PROJECT"; and. WHEREAS, the CITY desires to construct water distribution and sanitary utility adjustments and other utility system improvements, hereinafter IMPROVEMENTS; and has prepared or caused to be prepared plan(s) and specification(s), hereinafter PLANS; and WHEREAS, COUNTY and CITY desire to jointly participate in the constmction of tile IMPROVEMENTS and the PROJECT in order to make the best use of COUNTY and CITY resources and to minimize disruption to the traveling public; and WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities that will hannonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, both COUNTY and CITY declare that it is in the public interesllhat the "IMPROVEMENTS" be constructed with the "PROJECT"; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties agree as follows: 1 AGREEMENT WITH THE CITY OF DELRAY BEACH 1. The purpose of this Agreement is to clarify the parties' roles and obligations regarding procurement, construction and funding of CITY 's IMPROVEMENTS to be constructed in conjunction with the PROJECT. 2. The CITY agrees to fund and pay directly to the COUNTY costs attributable to construction of the "IMPROVEMENTS" along Ihe right-of-way of the PROJECT as outlined and shown in the Bid Documents for Palm Beach County Project # 95506. 3. Said cosl for the IMPROVEMENTS is (TWO HUNDRED FIVE THOUSAND TWO HUNDRED THIRTY DOLLARS AND FORTY ONE CENTS) ($ 205,230.41), in accordance with the attached bid tabulation (Attachment UN') and summary of the IMPROVEMENTS (Attachment "B"). The COUNTY shall submit monthly invoices to the CITY for the work perfomled during that period, the CITY shall then have the right to review the invoices and verify that the work set forth in the invoice has been completed. If the work set forth in the invoice has not been completed in accordance with the "PLANS", the C1TY shall have that right to refuse payment until such work is completed in accordance with the "PLANS". 4. Costs shall be adjusted upon actual contract costs at completion of the project using contract unit prices and actual constructed quantities. Said quantities being measured by the Palm Beach County Engineering and Public Works Department in conjunction with the CITY's Consulting Engineer. 5. The CITY agrees to remit payment as set forth in Paragraphs 1 through 3 above within thirty (30) days ofreceiving written notice from the COUNTY that payment is required. 6. The COUNTY is to be responsible for administering the funds in accordance with this Agreement. 7. The CITY is to be responsible for, and agrees to provide or cause to be perfonned all inspection services during construction of the IMPROVEMENTS, including certification of the IMPROVEMENTS. 2 AGREEMENT WITH THE CITY OF DELRAY BEACH 8. The COUNTY shall obtain CITY approval for any change orders which increase the cost attributable to the construction of IMPROVEMENTS in an amount greater than the contract amount as stated in Paragraph 3 of this Agreement. The CITY shall notify COUNTY of the its intent to approve or deny the change order within ten (10) working days of COUNTY's notice to CITY of the necessity for a change order relating to the IMPROVEMENTS. The CITY shall be responsible for any costs caused by the CITY's delays including but not limited to PROJECT delays. 9. In the event that additional IMPROVEMENTS and funding is required, for the satisfactory completion of the IMPROVEMENTS, the additional cost attributable to Ihe construction of the IMPROVEMENTS, as outlined in the specifications for this project, is the responsibility of the CITY. In the event of an under run attributable to said construction of the IMPROVEMENTS, the CITY will be credited the excess amount. 10. The CITY shall indemnify, defend, and hold hamlless Ihe COUNTY againsl any actions, claims, or damages arising out of CITY's negligence in connection with this Interlocal Agreement to the extent pennitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the COUNTY for the COUNTY's negligent acts or omissions. I I. The COUNTY shall indemnify, defend, and hold harmless the CITY against any actions, claims, or damages arising out of COUNTY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the CITY for the CITY's negligent acts or omissions. 12. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. However, once the construction of IMPROVEMENTS commences this Agreement shall be binding upon the parties and shall no longer be contingent 3 AGREEMENT WITH THE CITY OF DELRAY BEACH upon the availability offunds for the proposed IMPROVEMENTS. The CITY shall not have the right to terminate this Agreement for the reason that sufficient funds are not available for the IMPROVEMENTS. Further, once the COUNTY commences construction of IMPROVEMENTS, the IMPROVEMENTS shall be prosecuted to completion, unless the CITY notifies the COUNTY in writing that further work on the IMPROVEMENTS shall cease. In that evenllhe CITY shall be responsible for all costs incurred relating to the IMPROVEMENTS. 13. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notice to the CITY shall be sent to: City of Del ray Beach Environmental Services Department 434 South Swinton A venue Delray Beach, FI 33444 Atln: C. Danvers Beatly, P.E. Deputy Director of Public Utilities All notice to the COUNTY shall be sent to: George T. Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 Wesl Palm Beach, FL 33416-1229 A TTN: Roadway Production 14. Any costs or expenses, including reasonable attorney's fees, associated with the enforcement of the tenns and conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. 15. Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 16. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereinafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy 4 AGREEMENT WITH THE CITY OF DELRAY BEACH hereunder shall preclude any other or further exercise thereof. 17. The preparation of this Agreement is considered ajoint effort of the parties and the resulting document shall not solely as a matter of judicial constraint be construed more severely against one of the parties than the other. 18. The COUNTY and the CITY agree that no person shall on the grounds of race, color, sex, national origin, disability, religion. ancestry, marital status or sexual orientation be excluded from the benefits of or be subjected to any fon11 of discrimination under any activity carried out by the perfonnance of this Agreement. 19. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 20. This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Agreement. 5 AGREEMENT WITH THE CITY OF DELRAY BEACH seals on the day and date first written above. IN WITNESS WHEREOF, Ihe Parties unto this Agreement have sel their hands and CITY OF DELRA Y BEACH By: ATTEST: ALISON MAC GREGOR.HARTY CITY CLERK By: (DATE) By: City Attorney F:\ROADW A Y\AIS\1995\'95506\95506DBU-J2F.doc PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Karen T. Marcus, Chair ATTEST: DOROTHY H. WILKEN CLERK By: Deputy Clerk (DATE) By: APPROVED AS TO TERMS AND CONDITIONS APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney 6 .... z '" ::E .... '" < ..z "'0 Q;:: "'< "... "';, 0= ~;:: U ::;Q == ;, ..z QO ~!a "C zQ -z i:io ~i= _U ,,;, zQ ",0 ,.'" .... .. z" ;, < O~ UQ "' < uO <'" '" = ::E ... < .. '" ;, z ~ < '" '" ::! " z o u :: ... ~ .... >- '" ;: ::; ~ ~ ~ ... ... ;, o '" z :g :: '" z :li :s .Ii:: .. ... ... '" ::E ::E <( " z z .... .... u u ... ... ~ ~ o 0 " " .. .. ... ... " u ,;l ~ ~ !: <( z " ~ ~ ~ 0 ::E <( ~ 8 tl ~ ~ ~ <( .. ... ~ ~ 0 ... u ~ z 0 0 E ::E " <( ~ z ... 8 u is f ~ .... Z ::> ... ~ "' .. ~ >- ... :;! 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" ~ ~ . . 00 i ~ P _ t ~ ~ ~ ! e ~ ~ ~!~ ~ - 5 ~ ~ 'i ~ ~ Gj - ~ ~ ~i ~ :s ~ 2 1aI III :i !l II: j!: !So ~ ... o.!; ~ ~ ~~ ~ ~~~.~,,~' '- .~=~~~~ i ~~~~Iih~ ~ ! ~3~eo-~ if t 8~8~~U~ i j ~~~~~~ih & i, ii~~~He~lll. ~ ~~~-~U~il.~~i.! ~~o.~~~."ir~~1 ~~!!~d~~I.hJi ~11;i~'ESJ~!qi >:>:~~'~~d f;I~~ ~ ~ ~ ~ ~ _" B t..". ~ A IT ACHMENT "B" PROJECT NAME: LINTON BOULEVARD; MILITARY TRAIL TO CONGRESS A VENUE PROJECT NUMBERS: 95506 WEEKLEY ASPHALT ITEM OUANTITY /UNITS UNIT PRICE AMOUNT ITEMS 45 PREMIUM FOR CONFLICT CONDITION lEA $ 4,000.00 $ 4,000.00 46 PREMIUM TO UPGRADE FROM lEA $ 3,500.00 $ 3,500.00 "p" TO "]" BOX 60 GUARDRAIL POST (ENCASED) ] EA $ 94.00 (FDOT INDEX 400) *GP GUARDRAIL POST - STANDARD lEA $ 39.37 DIFFERENCE BETWEEN 60 & *GP 107EA $ 54.63 $ 5,845.41 ITEMS SUBTOTAL $ 13,345.41 CONTINGENCY ITEMS 89 ABC-3 ASPHALTIC CONCRETE (65 mm) 51 M2 $ 15.00 $ 765.00 CURB PAD (INCL PRIME CT) CONTINGENCY ITEMS SUBTOTAL $ 765.00 UTILITY ITEMS 94 ADJUST VALVE BOX 20EA $ 146.00 $ 2,920.00 95 ADJUST UTILITY MANHOLE 15 EA $ 380.00 $ 5,700.00 96 SUPPORT WATER MAIN 100M] $ 40.00 $ 4,000.00 99 SHEETING, SHORING AND BRACING 300 M2 $ 226.00 $ 67,800.00 (UTILITY SUPPORT) 100 LINE STOP (250 mm) 6EA $ 4,285.00 $ 25,710.00 101 D.L WATER MAIN (250 mm) J28MI $ 577.00 $ 73,856.00 102 ADJUST (200 mm) S.S. FORCE MAIN 6MI $ 1,189.00 $ 7,134.00 103 SUPPORT & PROTECT F.M. & looMI $ 40.00 $ 4,000.00 APPURTENANCES (SIZE) UTILITY ITEMS SUBTOTAL S 191,120.00 GRAND TOTAL S 205,230.41 For .GP see attached Inter.Office Communication request of July 29,2002 and quote from Weekley Asphalt Paving, Inc. dated July 3D, 2002. F:\ROADW A Y\AIS\1995\'95S06\95506DBU-SUM.doc Date: 17 Jan 2003 AGENDA ITEM NUMBER:~ . AGENDA REQUEST Request to be placed on: --X..Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 21 Jan 2003 Description of Agenda Item (who, what, where, how much): Staff requests Commission approval of a Joint Participation between the City of Delray Beach and Palm Beach County for Utility upgrades and relocation in connection with the Linton Blvd widening project. The total amount ofthe Agreement is $205,230.41. Thll> """m,n" '" ,ubi'ct to reW'Ji'z:?: Att"'~Y Department Head Signature:' I-I'"} -<.l7 City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Yes. Account Number 442-5178-536-65.13 Description Watermain Relocation - Linton Blvd Account Balance: $205.231.00 (after transfer) Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:@/ No Initials: 4- Hold Until: Agenda Coordinator Review: Received: s: \EngAdmin \Projects \1997\97 -044\OFFI CIAL \2003-01-21 agenda. doc . [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE lI'.Il'.D:II Al~a-tcaClly '~lIt: 1991 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: January 16, 2003 TO: City Commission _ Q... -- FROM: Brian Shutt, Assistant City Attorney SUBJECT: Revised Aqreement with Match Point Inc. Pursuant to the discussion that was held at the Commission workshop meeting of January 14~ 2003, the Agreement has been modified to provide for monthly marketing meetings between the City and MP. The proposed agreement was also modified to provide that if the Event is moved from the Delray Beach Municipal Tennis Center during the term of the agreement, MP, or any successor, shall pay to the City the amount of $500,000.00, regardless of the year that the Event is moved. The other major modifications to the agreement are listed below: . Change City's designee from Dubin and Associates to JCD Sports Group Inc. . Change term from 10 years to 6 years, still expiring in 2008. · Remove language from the agreement relating to requirements that have already been met for prior years. . Modify the parking language to provide that the City is to receive all monies from parking and will use its best efforts to provide parking for the event. Add language to provide that the City shall administer the parking and pay costs. · Remove language relating to the City's ability to obtain a liquor license because the Concessionaire will obtain the liquor license. · Remove language requiring MP to pay 80% of the electric charges to the office in exchange for the removal of the City's obligation to pay 40% of the facility fees charged through ticket sales at the Ticket Box Office. ~f\ ~ · Add language providing that City shall pay to MP $225,000.00 per year starting with the 2003 event. For the 2003 event the City shall pay 50% of the amount upon execution of the agreement and the other 50% shall be due by February 3, 2003. After the 2003 event the payments shall be made in 12 equal monthly payments/increased by the CPI each year. . Add language providing that the City may sell and shall retain all proceeds from the sale of the 3 host sponsorships and remove MP's ability to do so or the right to any proceeds thereof. . Add language providing that the City shall retain all proceeds from Palm Beach County, except funds from the Convention Business Bureau Co-op Matching Fund Program, regarding this event. . Add language providing that the City may sell the naming rights for the Center or Stadium and retain all proceeds from such sale, removing MP's ability to do so. . Remove the language relating to a buyout of this agreement by either party for $225,000.00 and performance bond requirements. . Remove language relating to the operation of the ticket box office by MP personnel regarding events not related to MP's event. By copy of this memo to David Harden, our office requests that this item be placed on the January 21, 2003 City Commission agenda. Please call if you have any questions. Attachment cc: David Harden, City Manager Barbara Garito, City Clerk AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT. INC. THIS AGREEMENT, made and entered into this _ day of , _' by and between the CITY OF DELRAY BEACH, FLORIDA ("CITY"), a Florida municipal corporation, and Match Point, Inc. ("MP"), a Florida corporation. WITNESSETH: WHEREAS, MP desires to promote an annual professional tennis event sanctioned by the ATP Tour, Inc. ("ATP") (the "Event") to be held at the Delray Beach Municipal Tennis Center, whioh sensists of real property, tennis seblrts, a stadium OOblrt, a n\'o stery building, a tioket offioe and other impr-oveFRents identified in a srawing naFRed Phase ~ Site Plan of tho Dolray Beash Tennis Center datod /\b1gblst 29, 1991, and desoribod in tho attashes Composite Exhibit "/\," whioh is insorpomted herein by referenoe ("Tennis Center"), tegether with any other improvomonts er additions to the Tennis Center inoluding, 'llithout limitatien, the aoquisition and de'lelopment BY the CITY of any adjaoent real property for tho J'lblrJ'lese ef the expansion of the Tonnis Center after the date of this /\groemont, looatod in Delray Beaoh, Palm Beaoh County, Flerisa; and WHEREAS, the CITY is desirous of having the Event take place at the Tennis Center and will fully support and cooperate with MP in conducting a first class, professional sanctioned A TP event; and WHEREAS, the Event will be part of the ATP Tour, which is a series of men's professional tennis tournaments played over a period of approximately nine to ten days; and WHiRiAS, the Tennis Center is a full servioe tennis fasility with approximately 8,200 permanent seat stadium oourt, whioh will Be sonverted from olay to a hars seurt surfaoo a€lreeaBle to MP and the ATP as set forth in this ^gr-oeFReRt before the Event in the year 2000; has fifteen olay oourts, four oushien oourts, and 'Nhioh has first Glass amenities and has hosted numorous tennis Events throughout tho yoars, insluding the UST.'\ Satollito Events and the Virginia Slims of Florida Legonds E1vent; WHEREAS, it is the intent of both the CITY and MP that MP will stage the Event annually at the Tennis Center during the term of this Agreement; and WHEREAS, the CITY has designated Brahm DUBin and Assooiates, Ino. JCD Sports Group. Inc. ("Designee") as its authorized representative for the purpose of implementing this Agreement and Dubin or his JCD or its successor designee is authorized to act as liaison on behalf of the CITY, provided however, the City may choose any successor desiqnee; and WHEREAS, MP understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has exclusive pouring rights at the Tennis Center and MP shall not enter into any agreements that would be counter to Coca-Cola's pouring rights in the City; and WHEREAS, MP understands that the CITY has entered into an agreement with Ticketmaster-Florida, Inc. for the sale of tickets for events held at the Tennis Center; and WHEREAS, the parties understand that this Amended and Restated Agreement shall take the place of the current Agreement and any amendments thereto. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: ARTICLE 1 Grant of License 1.01. GRANT AND TERM. The foregoing recitals are hereby incorporated. CITY hereby grants to MP an exclusive and transferable license for professional tennis events under the terms and conditions set forth herein (the "License"), and MP hereby accepts such License from CITY under the terms and conditions set forth herein to use, manage and operate the Tennis Center for the staging of a nine or ten day (including qualifying rounds) ATP Werld International Series Designated Event beginning May 1, 1 ggg in 2003 aR€I thereafter an .'\TP World Series Froe 'Nook eveRt to occur on dates determined by the ATP Tour provided such dates occur during the months of November through and including April for the years ;WOO 2003 through 2008 and for the year round occupancy and use of office space as described below in Section 1.04,Q (M) and (Q). No later than September 30 of the year proceeding the date of the Event, MP will notify the CITY of the precise date of the Event for any particular year of the Event The Term of the License is for approximately teR (10) six (6) years and shall specifically be from the date of execution of this Agreement until sixty days (60) days following the conclusion of the Event in the year 2008, unless earlier terminated as provided in this Agreement This Agreement is not a purchase agreement and should be construed by a court of competent jurisdiction to be a license agreement only, except for the rights of occupancy and use of real property as set forth herein. The License does not grant, nor is MP receiving, any rights to any real property owned by the CITY nor any property interest except as set forth in this Agreement 1.02. EXCLUSIVE LICENSE TO MP The license is exclusive for the purpose of the Event and the City shall not hold any other women's or men's professional tennis event or exhibition with professional tennis players ninety (90) days before or ninety (90) days after the Event provided, however, the CITY shall not be prohibited from holding: (i) a Chris Evert Charity Event so long as it occurs in December; (ii) a Davis Cup or Federation Cup event so long as either occurs in December; (iii) amateur tennis events so long as they do not OGGl,lr within ten (10) days eetero the Event or fi'le (5) days after the Event; (iv) ~Jl,lveon TOl,lr ovonts os presently sot terth in the contract botweon Net .'\ssets and BJCe, Inc. (collectively "~Jot .'\Gsets") and the CITY ( tho "Nu';een E'/ent") that may OGGur by contract in the month of February for the yoarG 1999 and 2000: and (v) another charitable tennis event in the CITY's sole discretion. This exclusive use provided shall not prohibit the CITY from using or licensing the Tennis Center for other purposes, except as prohibited above. 1.03. CORPORA TE REPRESENT A TlONS AND WARRANTIES. MP hereby represents that it is a corporation, duly organized and in good standing under the laws of Florida and that it has the corporate power and authority to carry on its business as contemplated by this Agreement. This Agreement constitutes a legal, valid and binding obligation of MP. CITY hereby represents and warrants that it is a municipal corporation in good standing under the laws of Florida and that it has the power and authority to grant this license and conduct its business as contemplated by this Agreement. This Agreement constitutes a legal, valid and binding obligation of CITY. 1.04. EVENT STRUCTURE CITY acknowledges that MP is a World Series Division member of ATP and desires to assist in the successful and professional production of the Event in Delray Beach, Florida at the Tennis Center. CITY agrees to use its best efforts to promote and assist in the organization and promotion of the Event in a first class, professional manner. Notwithstanding the foregoing, the Parties agree that MP shall ultimately be responsible for the management and operation of the Event. 1.05. FACILITIES PROVIDED BY CITY. CITY represents and warrants that the Tennis Center complies with all applicable laws and regulations, including without limitation the American with Disabilities Act ("ADA"), and agrees to provide the Tennis Center and surrounding parking under the terms and conditions of the License at no cost to MP, unless otherwise specified, including without limitation, the following: A. The Tennis Center and Stadium Court. The current stadium tennis hard court has permanent seating for approximately 8,200 seats, and the CITY shall provide and install seat covers for up to approximately 4,000 seats at MP's direction, and the parties acknowledge up to 4,000 seats may be unused during the Event. MP acknowledges that it has toured the Tennis Center and that no further changes presently are required to be made to the stadium or Tennis Center except as otherwise provided in this 3 Agreement. CITY shall prepare and maintain the tennis courts, buildings and grounds of the Tennis Center seven (7) days prior to and during the Event, including landscaping, in accordance with or the then existing A TP Standards, specification or rules as applicable. B. On the stadium court, a quality public address system (to include a multiple cd player, 2 cordless microphones and microphone stand), solid vinyl backdrops, seating for photographers, adequate color corrected lighting for a professional Event and television needs as they may exist from time to time, with a minimum of 100 candle power evenly distributed according to ATP standard measurements, a T.V. tower and platform for a 5-camera production and adequate electricity for television broadcast production. MP has inspected the foregoing systems or equipment and same are provided but maintenance by CITY is expected by the parties hereto. In addition, CITY shall at its expense design, construct and install a Draw/Sponsor Board substantially similar to and approximately three quarters (3/4) of the size of the picture attached hereto as Exhibit "86" and placed at a mutually agreed upon location no later than J\pril1, 1999. C. For the 1999 Event, two additional show slay courls with a public aelelFess system, solid vinyl baskelrol3s, ample seating for I3Aetegmphers and tempor-ory lighting at a minimum of 100 oandlo pewer according to /\TP stanelar-d measurements. Thus, for tho 1999 ~\'ent there shall bo a tetal of fifteen (15) olay oourts and four (1) Aar-d oourts. For tho 2009 event and thereafter, twe additional Two show hard courts (instoael ef two ShO'N olay oourts) with a public address systems for each court, solid vinyl backdrops, adequate seating for photographers and temporary seating for approximately 100 and 500 persons, respectively, in 1999 and thereafter. D. For the 2000 Event and thereafter, in aelelition to the stadium smut and two show hard oourts and an aelelitional f[our (4) practice hard courts, fGf-a total of sO'lon (7) hard oourls in accordance with the then existing ATP standards, specifications or rules. All tennis courts to have sufficient cold water supply, electrical outlets, tables, chairs and sufficient gate access. Thus, for tho 2000 Event, there shall bo fourteen (11) olay OOl,lrts and seven (7) hord GOl,lrts. E. Two extra substitute nets, net posts, ten pairs of single sticks and six umpire chairs with umbrellas; plywood boards (court color): (i) for support of all umpire's chairs (6 @ 4' x 4'), and (ii) lines person's chairs (60 @ 2' x 2'); and twelve (12) solid vinyl dark green windscreens for qualifying courts; six score cards (flip cards) for the six qualifying courts; and four (1) two (2) word scoreboards for show courts with letters and numbers; in the stadium court, end court and side court signage attachments; and an end court barrier 5-feet high and a side court barrier 3-feet high. Side court barriers should be based on sight lines. 4 F. Clearly numbered seating and sufficient dividers for box seats and sufficient room dividers for gymnasium. G. Installation and maintenance of approximately 150 international flags selected throughout the Tennis Center, including in the stadium court, food court and entrance to Tennis Center, if same is permitted by City ordinance. To the extent the placement and location of any flags requires a waiver from the City ordinance, the CITY will annually seek such a waiver as may be allowed by City ordinance. H. Sufficient short term parking for ticket purchasers and drop-off/pick-up of public, traffic control immediately adjacent to ticket office at the Tennis Center. Sufficient parking for VIP box holders, media, players, sponsors, ticket holders, public and volunteers. During tt-w E'lent, the CITY shall pr-ovide MP with aooess to and use of parking identified iA Exhibit "C" atlaohod herete as "CITY/CR^ Owned" parking. Tho CITY will use its Best otklrts to obtain the parking ideAtified in Exhibit "C" as "County O...med" and "Privately Owned" parking fer the Event and, if oBtained, pro'/ide MP tho use of such additional parking. The City will administer the parkinq and pay costs associated with such parkinq as well as transportinq persons to and from remote parkinq lots to the Tennis Center and will use its best efforts to obtain adequate parkinq for the Event. MP shall administer valet parkinq and incur all costs involved. The area(s) to be used for valet parkinq shall be approved by the CITY. I. Electrical power, water supply and space sufficient for the Event including, but not limited to, two (2) television trucks and space for related personnel tent (20' x 20'), area lighting and parking for television trucks, tents, hospitality and concessions. J. The construction of two (2) program sales stands (the "Stand") (to be designed by MP and approval by the CITY) and sufficient space for tents, food, and beverage concessions, merchandise sales and other vendors, based on specifications or layout submitted by MP unless objected to by the CITY. If the CITY objects to any layout or the design of the Stand, the parties shall mutually agree upon the location for or the design of same as the case may be. If the CITY fails to object to any layout or the design of the Stand as submitted by MP within five (5) days of the date any layout or the design of the Stand is received at the CITY, then any such layout or design of the Stand shall be deemed approved by the CITY. K. Restroom facilities for the general public and VIPs. CITY shall supply adequate supplies for the restroom facilities, including without limitation paper, soap and cleaning supplies. MP shall utilize said supplies and maintain the restroom facilities during the Event. 5 L. Use of the Tennis Center's professionally maintained courts for practice, clinics, a pro-am Event, junior event and sponsors during the Event. Reasonable additional use by MP's staff during the year will be allowed upon CITY's approval. M. Use of the air conditioned Community Center described hereinafter adjacent to the Tennis Center at least two (2) days before the Event through one (1) day after the Event by members of the press, radio and television representatives, umpires, ball persons, volunteers, players, MP staff and/or as a hospitality area for sponsors and VIP's. The specific areas ef available for use in the Community Center are cross hatched on the diagram attached as Composite Exhibit "C~." N. Use of locker rooms and players lounge providing adequate hot showers, relaxation areas, masseuse and training room with lockable top cabinets and hand sink for the players before and after matches, said facilities to include sufficient lighting and air conditioning. In addition, an area in the gymnasium facility will be designated for volunteers, officials and ball persons. O. Necessary signage within the CITY to direct the general public to the Tennis Center. This shall include directional pole signage for traffic with name and logo of the title sponsor included. Also, CITY shall provide on-site directional signage for parking, restrooms, hospitality, tents and other amenities. The CITY agrees to assist in seeking Florida Transportation Department permission for temporary signage on 1-95 to direct persons to the Event and the CITY will use its best efforts to obtain Palm Beach County's cooperation and assistance with respect to 1-95 signage for the Event and signage on County roads to direct persons to the Event. P. A ticket sales office at the main entrance to the facility. Q. Year round exclusive access, use and occupancy by MP of the existing air-conditioned event office/ticket building (the "Office"), pre-wired for telephones, Internet, fax and electricity, so long as the Event is held at the Tennis Center and MP has the ATP sanction for the Event. The Office is identified in Exhibit "eC" attached hereto and incorporated by reference. Match Point acknowlodg06 tho City may faco a claim fr-eFR Net A66et6 that the Nuveon E'/ont i6 ontitlod to 1,160 tho Offico. CITY shall install and maintain painted sign of the name of the Event upon reasonable notice from MP designating the office on the outside of the office as mutually agreed upon by the parties. The CITY shall have the right to temporarily use the east portion of the Office consisting of the ticket area and the east room immediately adjacent to the ticket area for other tennis events 6 described in Section 1.02 or for other non tennis events herein upon prior thirty (30) days written notice to MP. In the event the CITY seeks use of the Office (except as provided in the foregoing sentence) or in tho ovont within thirty (dO) days of this :\grooFRont tho ~JU'lOOA Event is not torminatod in writing by the Not -'''ssets or upon "':Fitten agroeFRont botwoen tho City and the Net -'\ssots (with a copy of €a,lch documont pFovided to MP), the CITY shall provide written notice to MP to vacate the Office provided, however, the vacancy shall not occur until ninety (90) days after written notice from the City to MP and there shall not be any such notice later than one hundred twenty (120) days before any Event. If Net Assots assorts a claim to the Offieo and tho CITY can locato Not Assets to othor omce space '....ithoblt interruption to MP's uso and occupancy of tho Office, no vacancy of MP will occur. From the date of any CITY reauired vacancy by MP, the City shall pre-pay on an annual basis to MP for the remainder of the Agreement so long as the Event is held at the Tennis Center the fair market value of 1,500 square feet of Class B office space located within Delray Beach, plus real estate taxes and common area maintenance associated with any such lease as follows: (i) as mutually agreed upon between the parties, or (ii) by the CITY selecting an appraiser, MP selecting an appraiser, and each of those appraisers selecting a third person to determine the reasonable value of the aforesaid costs of such space. CITY further agrees to pay MP on the date of the start of any MP vacancy as described above from the office a sum not to exceed $10,000.00 for printing, moving and advertising costs expected to result due to the change in location or address of MP. R. CITY shall provide suitable flooring for exhibition booths on each side of the entrance of the Event with a distance of approximately 160 linear feet and with a width of approximately 10 feet. CITY agroos to movo the fenGo blocl<in!j tho entranco of the office to a location accoptal:llo to MP and Gl-Pf-c S. Provide reasonable access to golf tee times and a reasonable number of carts at the Delray Beach Golf Club for professional tennis players and sponsors selected by MP throughout the term of this Agreement with such persons as may be approved by golf course manager, and during the Event, three (3) utility golf carts for use by MP during the Event. T. During the Event, personnel to recruit and manage the ball person program in association with MP, one (1) liaison person designated by the CITY to assist in and implement the CITY's administrative duties during the Event. CITY to pay MP within thirty (30) days of the submission of any invoice to the CITY of MP's actual cost, but not to exceed $7,500.00, for MP's operations personnel during the Event, to be hired and supervised by MP in its sole discretion. 7 u. v. 'M ... ~. ~~. zx. AA~. One licensed electrician and one licensed plumber available on site at MP's request for set up and for maintenance needs throughout the Tennis Center for the Event including, without limitation, installation and removal of decorative white lights in the trees in the Tennis Center; temporary wiring; electrical outlets; 220v in retail and vending areas; installation and provision of hot water heaters, sinks and holding tanks for water disposal at hospitality areas, exhibition booth areas, vendor compound and for concessionaires as needed per MP's request, if required by law, rule or regulation and at CITY's cost, and thereafter as needed during the Event and following the Event for necessary tear down of temporary electric and plumbing installations. Teaching tennis professionals to assist with the organization of clinics, Kid's Day and the Pro Am. TRe stadium seblrt as a profeEsional clay surface dblring the 1999 E'/ont and theroaftor a har-d show court surface to tRe then existing /\TP standards, sposifisations or rblles. All necessary CITY permits. TRe CITY sRall also b1se its best efforts to obtain a boer and wino lisense for oash year of tho E'lont. In addition, CITY a€lrees to uso its best efforts to obtain tRO greater of a boer and 'Nine licenso and a full liquor IisonEe for Gale of all alsoholic boverages dblrin€l tho Evont. CITY ';\'ill immediately seek to obtain a beor and wine lisonse and a full liquor lisense for the Tennis Center and aJ3J3ly for same within ten (10) days of the dato of the /\grooment to the aJ3propriate ablthorities. If the CITY is unable to obtain either license, MP sRall then b1se its best efforts to obtain same. Approximately fifty (50) 1 FB telephone lines where needed by MP, with dial-tone and ready for plug in use one (1) week before the Event and a sufficient number of pay phones for general public use during the Event. MP is responsible for payment from dial-tone forward. 'Nood fElooring for tents, appropriate for a first class reception/food court area, covering two unused tennis courts at the Tennis Center. Two (2) industrial vacuums, six (6) fire extinguishers or more as required by any code or the fire marshall and a storage area consisting of approximately 800 square feet located at the Tennis Center. 88AA.ln the event the Tennis Center is not in compliance with the ADA, the CITY shall be responsible for bringing the Tennis Center into compliance with the ADA at no expense to MP. 8 GGBB. CITY shall collect and dispose of all refuse and garbage including, without limitation, water and grease in holding tanks on a daily basis or as needed, if required by any applicable laws, ordinances and health codes. OOCC. The CITY covenants and warrants that the Tennis Center shall remain and be maintained in as good a condition as the Tennis Center is as of the date of this Agreement, normal wear and tear excepted. 1.06. CITY MARKETING SUPPORT. A. CITY will at no cost to MP assist in the promotion of the Event by using its available marketing resources which may include advertising, newsletters to tennis center members, brochures, and other printed materials, such as authorized by MP. The CITY is not required to create new advertising programs. Monthly meetinqs, commencinq January 2003, shall be held between the CITY and MP to review the marketinq efforts and strateqy of MP reqardinq this Event. B. MP shall provide a revocable license to CITY for the use of the Event name and logo, including photographs for the purpose of promoting its association with the Event, but shall have no ownership interest in any intellectual property rights which may arise from the Event, including without limitation the Event name and logo. All advertising and promotional materials pertaining to the Event must be preapproved in writing by MP for purposes of quality control, which shall not be unreasonably withheld. The CITY may not use photographs, biographies, or any Event materials in any way which could be interpreted as an endorsement of the Tennis Center or CITY by a player, without such player's prior written consent or MP's consent as the case may be. C. CITY shall be the Host Site Sponsor and shall have the right and responsibility to be the designated originator of Host Site Co-Sponsors as provided in the Composite Exhibit "f-D". To avoid any confli6t between like businosses, the CITY shall obtain MP's "witton Gensent, which shall not bo unreasonably 'Nithheld, to any Hest Site Co Sponsors of CITY. If for any reason the Event is not televised, MP shall pay CITY $25,200.00 as a refund toward lost advertising. Notwithstanding the foregoing, MP shall not be obligated to pay the CITY the $25,200.00 sum where any such failure or inability to televise the Event was caused by casualties, acts of God, material shortages, war, weather, utilities blackout, water shortages, governmental regulation, strikes or labor disputes, or MP's inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits, if any. D. NaFRin!j Rights and Co Host CITY SponsQFships shall be governod by sootien d.01. 9 1.07. CITY'S RESPONSIBILITY TO CONTROL PREMISES. CITY shall be responsible for the security and crowd control at the Tennis Center and at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws. ARTICLE 2 MP's Riahts, Responsibilities and Obliaations 2. 01 ORGANIZA TlON. MP shall retain full control over the Event including, without limitation, the presentation, structure, quality and all other elements of the Event other than those items specifically reserved to CITY in this Agreement. MP is responsible for the following elements which shall be included as expenses of the Event: A. Turn-key management of the Event; B. Securing the professional players to play in the Event; C. Developing and implementing MP's Marketing Plan, including but not limited to the following (i) print and electronic advertising; (ii) promotional materials; (iii) direct mail; (iv) telemarketing; (v) merchandising; and (vi) licensing; D. Contracting with the umpires and lines people; E. Scheduling of matches; F. Soliciting sponsors both on an area and local basis which may include national and regional sponsors; G. Development of the Hospitality Program; H. Ticket sales; I. Development of a Volunteer Program; J. Selecting charities in association with CITY's input; K. Television production and distribution; L. Public relations; 10 M. License merchandise sales; N. Medical services (to ee furnishes ey other persons); O. Box office; P. Tennis clinics and Pro Am schedule; O. All other elements required to present a first class, professional Event and not identified as a CITY responsibility; R. Professionally managed food concessions, catering and VIP entertaining, subject to Section 2.03 of this Agreement. S. MP ehall pay eighty percent (1l0%) ef electric cl=larges for tl=le Office, if the office is separatoly FFletered, and alltelephoRe chargee 'Nhatsoever fer the Office referrod te iR paragraph 1.04 (a) heroin. 2.03. CONCESSION RIGHTS OF MP. MP or any person, firm or corporation with whom it contracts (together for purposes of this paragraph "Concessionaire") may sell food, beverages, alcoholic beverages, confections, refreshments, products, items sold at retail and Event related novelties (together the Concession Items). With prior approval from the CITY, Concessionaire may provide temporary structures for the sale of Concession Items at the expense of the EveRt or Concessionaire. In providing the concession service, Concessionaire shall comply with the following provisions provided, however, that MP shall remain ultimately responsible to CITY for all obligations required of the Concessionaire: A. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses, includinq anv liquor licenses, that may be required in connection with the sale of Concession Items. Required CITY licenses and permits shall be granted at no cost to Concessionaire or MP. B. All Concession Items sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. C. Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of CITY may cause undue litter. D. Concessionaires shall have the option to sell beer and wine at the Tennis Center and all alcoholic beverages, if such permission is obtained by from 11 the CITY or MP. Sale of beer and wine must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. All alcohol licenses shall be displayed in a conspicuous place at the Tennis Center. MP and/or Concessionaire shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. MP and/or Concessionaire shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. E. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and specifications concerning fixtures and equipment to CITY for approval prior to installation of any items, which shall not be unreasonably withheld. Within five (5) days of delivery of any Concessionaire plans and specification to the City, the City will inspect such plans and specifications for City code and regulatory compliance. If the CITY objects to any such plans and specifications, the parties shall mutually agree upon same. If the CITY fails to object to any such plans and specifications as submitted by Concessionaire within five (5) days of the date any such plans and specifications are received at the CITY, then any such plans and specifications shall be deemed approved by the CITY. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. F. The Concessionaire shall provide all maintenance, repair and service required on all equipment used in each concession. G. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever necessary to do so under the applicable legal standards. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. H. CITY agrees to supply at its expense a sufficient number of decorative ashtrays and refuse containers, with plastic waste bags, throughout the Event. MP shall provide personnel to maintain the Tennis Center during the Event and to empty said refuse containers as needed in the Tennis Center's central waste depository. I. If the concession is operated by a person, firm or corporation other than MP, such person, firm, or corporation shall at all times maintain workers' 12 compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, its officers, agents and employees as additional insured. J. All contracts with Concessionaires shall contain the requirements set forth in section 2.03. 2.04. REPAIR. REPLACEMENT AND MAINTENANCE. During the term of this Agreement, MP shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which its employees are directly responsible, ordinary wear and use thereof only excepted, in order to restore the Tennis Center to a condition equal to the condition at the time MP occupies the Tennis Center. MP shall be responsible for cleanup of the Tennis Center during and after the Event, except as otherwise provided herein. If at any time CITY determines that the clean-up services provided by MP are not adequate or that said services endanger public health and safety, CITY shall provide these services after providing MP withiR forty-five (45) days ef-written notice of any such failure by MP and MP shall reimburse CITY for the costs of providing these services. 2.05. INSURANCE. MP shall provide CITY with proof of insurance covering MP's activities, including its operation of the Event. MP agrees to carry full insurance coverage for the Event and all other activities connected with this Agreement and the types and at the minimum amounts listed below: Comprehensive General Liability including: Broad Form Contractual, Automotive, Personal Injury, Advertising Liability, Spectators Liability; Five Million ($5,000,000) Dollars combined single limit per occurrence, Employer's Liability; Five Million ($5,000,000) Dollars per occurrence; Workers' Compensation Insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement; Liquor Liability Insurance with limits of at least Five Million ($5,000,000.00) Dollars; Fire Legal Liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. 13 Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the CITY's Risk Manager. CITY, its officers, agents and employees shall be named as an additional insured on the policies. ARTICLE 3 Payments and Other Financial Riahts and Responsibilities 3.01 C,'TY PII YMENTS TO MP. PA YMENTS AND REVENUE A. City shall pay MP $225,000.00 as follows: twelve (12) eaual monthly installments, commencina April 1, 2003, increasina in accordance with the All Urban Consumers - United States Consumer Price Index (CPIl as reported by the United States Government Bureau of Labor Statistics annually each year throuah 2008, except for the 2003 event, which the City shall pay 50% of the amount upon the sianina of this Aareement and the other 50% shall be due on or before Februarv 3. 2003. B. The City shall retain all proceeds from Palm Beach County reaardina this Event. however, excludina any proceeds from the Convention Business Bureau Co-op Matchina Fund Proaram. The City shall also retain any revenue received from parkina, exciudina valet service offered by MP. .^,. 1999 Event CITY shall flay MP $225,009.00 as follows: $75,000 seven (7) Elays after exoGution of the /\greemont anEl the balance of $150,000.00 in six (6) oqual monthly installments of $25,900, payablo on the first day of oaGh FRonth from DeGombor 1, 1 gg!! through May 1, 1 ggg. B. 2000 Event CITY ghall pay MP $275,000.00 as follolNS: ton (10) equal montt-Jly ingtallments of $27,500.00, payaole on the first Elay of eaGh FRonth from Juno 1, 1 ggg to MarGh 1, 2000. C. 2001 Event CITY shall pay MP $275,090.00 as follows: twelvo (12) eEJual monthly installmonts of $22,916.67, payable on tho firEt day of each FRonth from April 1, 2000 to March 1, 2001. D. 2002 ~vont CITY shall flay MP $250,900.00 as follows: I'Nolve (12) equal montt-Jly installmonts of $20,!!33.33, payablo on tho fird day of oast-J month fr-om April 1 , 2091 to March 1, 2002. eC. Naming Rights - The CITY may sell the Namina Riahts to the Tennis Stadium, Center or any other part of the facility, without the permission of MP and shall retain all proceeds from such sale. and MP FRay sell the ~Jaming Rights (as heroinaf:ler defined) anEl provided further if the CITY Eells EUGh rights tt-Jreugh the 2002 event, the CITY need not ootain the written Gonsent of MP. Howover, MP must obtain tho CITY's Gonsont, 'NhiGh shall not bo unreasonably withheld, whenovor MP sells tho Naming 14 Rights. StartiA!) one (1) day after the 2002 Event, the CITY ana MP may sell the Naming Rights for the follo'Nin!) years of the Event. The CITY aoes not need MP's 'Nritten consont, so long as tho wice for the NamiAg Rights is in exsess of a cash payment of $125,000.00 on an aAnual basis for each Event increasing in price by a minimum of the annual cost of liviAg increase as published by the U.S. GovorAment. If tho selling price of tho NamiAg Rights is loss than $125,000.00 per year, tl=le CITY must eetain the written consent of MP, which shall AOt be unreasoAaely withhold. .'\Iso, MP may sell the Naming Rights for tho 200J Event and ther-eafter with tho CITY's Gonsent as to the amount to be received, the appropriateness of the name, and the au ration of tho ~Jaming Right, which shall Aot be unreasonably '.vithl=lold. MP shall uso its best eff-erts to assist the CITY in tho selling of the Naming Rights. f:D. Ge-City Host Sponsorships - The CITY aAa MP shall may sell host sponsorships pursuant to Exhibit "f:D." The CITY shall retain all proceeds" (net of fiftoon j30ment (15%) commission if sold by MP) for the yoars 1999 through 2002. Thereafter MP shall sell the threo (J) CITY sponserships, and retain prosoeas as set forth in soction GA. In all years MP shall assist the CITY in sollin!) host sponsomhij3s. G. 200J 200g Evonts City shall pay MP in each instaAGe within teA (10) days after the CITY's receipt of iAGome from any Sponsor or sour-ce as dofinea or described bolow: 1. Fiftoen j3ercent (15%) of tho annual gr-oss income ("lnGomo) from tho sale of the namin!) Fi!)hts of site ana stadium ("Namin!) Rights") to a sj3onsor ("Sponsor") procured by MP and contmctea by the mutual agreement of tho j3arties; and 2. Fifty percent (50%) of the Income (.....ith CITY also recei',iA!) fifty percent (50~(') of Income, not only of the j3ayment unaer J.01 E. abovo, derived from Gontracts for the sale of ~Jaming Rights. Contracts for Naming Rights for tl=le 200J thmugh the 200g Events shall oaGh be for fiscal years of 12 mOAtl=ls commenGin!) one (1) aay after tl=le preceding Event; shall require payment Ae less frequeRtly than Ejuartorly commencing thirty (JO) days after the j3reseding EveRt or upon signin€j of any Naming Rights sontract, whish ever is sooner; and J. Fifty j3ercent (50%) of the gross inGome from Event parkin!) Ret only a maximum of fifteen percent (Hi%) expoRso paid to any charity solocteEl by the CITY; anEl 1. Ninety fivo (95%) of the annual gross inGome from tho sale of throe (J) co City spom:orships. 15 3.Q2. CITY REVeNUE AND !vlP COMMISSIONS .cOR YEARS 19992002 e'JeNTS ^ . .. For the yeLlrs of tho Evont iA 1 QQQ 2002, tt-le City shall l3e eAtitled to any ana all mvonuo fr-oFA I3Llrking and cOFAFAissions on tt-le sLlle of hotElI r=GeFAS for the Event. B. For tho yoars of the E'/Elnt in 1 QQQ 2002, tho CITY shall relaiA all proceeds from tho Emle of Naming Ri9hts by tho CITY or MP. If MP solis the ~JLlming Rights, MP shLlII be paid a f.ifteen percont (Hi%) commissieA on the gr-oss aFAOblAt of the salo of tt-le ~JLlming Rights within thirty (dO) dLlYs after the CITY's mcoipt of inGeme from any Sponsor er source. Tt-lereLlftor 3.01 (G)(1) LlAa (2) shLlII apply te LlII salos of ~JLlming Rights with tho CITY retaining f.ifty porcont (50%) nel commission and MP retaining fifty l3er-Gent (50%) not of wFAmission. 3.OJ2,. TAXES. MP shall be liable for any and all taxes which are or may be imposed on MP and CITY, as a result of this Agreement. Taxes shall be paid to the appropriate authority and including but are not limited to sales and use tax. The City will cooperate and assist MP in any revisions to this Agreement which may reduce or eliminate such taxes. 3.04;J.. OTHER SERVICES AND SUPPLIES. MP further agrees that all services and supplies which it requires to operate the Event and which are not specifically identified herein as CITY responsibilities shall be provided by or through MP at its sole cost and expense. 3.Da1. POLICE AND EMERGENCY PERSONNEL CITY agrees to provide, at is sole expense, 24 hours police and/or security and emergency personnel for the Tennis Center beginning the preceding Monday before ea6A the Event and ending one (1) day after the Event ends. MP agrees to work with the CITY Police Department to provide for additional CITY police personnel which the CITY determines, in its sole discretion and at its sole cost, may be necessary for security at the Tennis Center during the Event. MP shall, at least thirty (30) days prior to the Event, consult with the Chief of Police or his designee to determine the proper scheduling of security for the Event. Also, MP shall contact the CITY Fire Department to make arrangements for emergency medical technician personnel to be present at the Event as reasonably necessary to be provided by CITY at its sole expense. The number of personnel to be supplied by the CITY shall be determined by the CITY. 3.00Q. TICKETS FOR ADMISSION. 16 MP shall not oversell the Event. All tickets for admission shall contain language approved by CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, MP shall provide CITY with the established selling price of each type and kind of ticket for CITY's review and approval. Said approval shall not be unreasonably withheld. The CITY shall have three (3) business days to review, approve or reject the form of the tickets. In the event the CITY does not object in writing within three (3) business days from the date the tickets were submitted to the CITY for approval, then the tickets shall be deemed to be approved by the CITY in terms of form. In the event of any cancellation of any Event, MP agrees to reimburse ticket holder who duly present tickets to MP for reimbursement, reimbursement for the face amount of any such ticket. ARTICLE 4 Termination and Default 4.01. TERMINATION. A. Termination of this Agreement for any reason provided herein shall not relieve either party from its obligation to perform under the terms and conditions of this Agreement up to the effective date of such termination or to perform such obligations as may survive termination. B. The occurrence of any of the following shall cause this Agreement to be automatically terminated: 1. Institution of proceedings in voluntary bankruptcy by MP. 2. Institution of proceedings in involuntary bankruptcy against MP if such proceedings lead to adjudication of bankruptcy and the MP fails within ninety (90) days to have such adjudication reversed. 3. Failure of MP to hold the Event for any reason unless waived by the CITY or as a result of any force majeure. 4. Failure of MP to own the ATP sanction or fails to have the right to hold the Event. 5. Bond limitation is exceeded pursuant to paragraph 5.11. C. Either party shall have the right to terminate this Agreement upon default by the other party, as defined below. D. Either party shall have the right to buy tho ether party out ef its interests in this .'\grooFFlent LIS set forth in Soution 1.01. 4.02. DEFAULT BY MP. 17 A. The following shall constitute default by MP: (i) failure to perform any of the non-financial terms and conditions of this Agreement, when such failure in performance is not remedied by MP within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the CITY'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY; (ii) failure to hold an Event, unless such failure is waived by the City or except for any force majeure, shall result in an automatic termination and notice shall not be provided. This Agreement shall be deemed null and void, and MP shall in addition to the requirements set forth in this Agreement shall refund all monies paid by the CITY for the period after the Event last held and up to the date of the anticipated Event. Should MP default cause termination of this Agreement and CITY has provided any permanent construction as provided within this Agreement of the Draw Board/Sponsor Board, flooring under exhibition booths, and two (2) hard courts as described in Section 1.05QC herein (the "Improvements") at the Tennis Center within the seven (7) years preceding such default, MP shall reimburse CITY for the remaining value of such Improvements at the actual cost of construction of the Improvements (but only fifty percent (50%) of the actual cost of the two (2) hard courts) at a value depreciated evenly over a seven (7) year term from the date of completion of any of the Improvements; or (iii) failure to pay any monies due the CITY within fifteen (15) days of the required date for payment. B. Notwithstanding anything to the contrary contained herein, this Section 4.02 shall not apply and MP shall not be in default of this Agreement where MP's failure or inability to perform was caused by casualties, acts of God, material shortages, war, weather, water shortages, utilities blackout, governmental regulation, strikes or labor disputes or MP's inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits. 4.03. DEFAULT BY CITY. . The following shall constitute default by CITY: (i) CITY'S failure to perform any of the nonfinancial terms and conditions of this Agreement and such failure in performance is not remedied by CITY within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and MP' intention to terminate if not corrected and which remedial measures must be 18 completed within a reasonable time set forth in the notice from MP; (ii) failure by CITY to pay to MP any sums due under this Agreement within fifteen (15) days of required date for payment. Notwithstanding anything to the contrary contained herein, this Section 4.04 shall not apply where CITY'S failure to perform in a timely manner was caused by casualties, acts of God, material shortages, war, weather, water shortages, utilities blackout, governmental regulation, strikes or labor disputes, or CITY'S inability to secure necessary governmental permits after a reasonable effort by CITY to so obtain said permits. Waiver of any breach of a term or condition shall not constitute a waiver of any other terms or conditions unless in writing signed by the parties. 4.04 BUYOUT CLAUSE ,fIND .PERFORMANCE BOND. PAYMENT FOR FAILURE TO HOLD EVENT A BU'/ol,Jt Clause - Notwithstanding the Default and Termination provisions of this Agreement, if the Event is moved from the Delrav Beach Tennis Center durina the term of this Aareement. MP or anv successor in interest or assianee. shall pav the City the amount of $500.000.00 within 60 days of movina the Event. If the Event is transferred or assianed to another entity. that transferee or assianee shall assume this obliaation. Furthermore. MP shall arant to the City a second riaht of refusal. behind the ATP. to purchase the sanction for the Event from the ATP. either party shall have the right to OilY the other party Ollt of its intor-est in and cancol this Agreement upon payment to the other party of Two Hundred Twenty Fi'/o Thousand ($225,000.00) Dollars no later than ten (10) FFlonths prior to the next upcoming Event. Any funds I3rel3aid by either l3arty to the other on aGcount of tho noxt upcoming Evont, shall bo refunded or dosllsted fr-eFFl the paymont to De made horounser, as tho Gase may be. ~Jo other money shall be rocouped by oither party in tho event a party exercises its buyout right in accor-danGe with this SoGlion. B. Performanse Bond MP shallllse its best offorts within ninoty (90) days to provido the CITY with a porforFFlance bond sovering tho OilY out provisions of this soction, if such bond Gan be secures and at a Gest to MP net to exceod $3,000.00 per year. If MP is unable to obtain such a bond, thon MP will not be deomos to be in defulllt ef this AgreoFFlent. 4.05. NOTICES. Any notices shall be effective when submitted or required by this Agreement placed in the U.S. Mail and sent by registered or certified mail and addressed to the parties as follows: 19 To the CITY: With a copy to: ToMP: With a GOPy to: David Harden, City Manager City of Delray Beach 100 NW. 1st Avenue Delray Beach, Florida 33444 Susan A. Ruby, Esquire City Attorney City of Delray Beach 200 Northwest 1 st Avenue Delray Beach, Florida 33444 Mr. Mark Baron Match Point, Inc. 1515 University Drive, Suite 203 Coral Springs, Flerida 33071 30 N.W. 1st Avenue Delray Beach. FL 33444 John H. Friosheff, Esquire FO'.vlor, White, Burnett, Hurloy Banick 8. StriGkroot, P .I'.. 100 SE Socons Streot, 17th Floor Miami, Florida 33131 1101 or to such other addresses as either party may designate in writing. ARTICLE 5 Miscellaneous Provisions 5.01. NON-DISCRIMINATION. A. That MP for itself, its personal representatives, successors in interest, assigns subcontractors, agents, and sublessees, as a part of the consideration hereof, does hereby covenant and agree that: (i) no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (ii) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination; and that MP shall use the Tennis Center in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 20 B. That in the event of a proven breach of any of the above non-discrimination covenants, the CITY shall have the right to terminate the License and to take possession of the Tennis Center and hold the same as if the License had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. MP shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, agencies or the retainage by MP of subcontractors, agents, volunteers or concessionaires or any matter directly or indirectly related to employment or agency because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 5.02. CHANGE IN LAW. During the Term, the CITY reserves the right to restate and/or re-negotiate with MP such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the Tennis Center. In the event that the CITY and MP are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 5.03. INDEMNIFICA TlON. MP agrees to indemnify, save and hold CITY, its officers, agents and employees, harmless from any and all suits, claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the actions of MP or its officers, agents and employees. Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Section shall survive the execution, delivery and performance of this Agreement. 5.04. DESTRUCTION OF EVENT SITE. In the event the Tennis Center, or major part thereof, shall be destroyed or substantially damaged by fire or any other cause, or if any other casualty or any unforeseen occurrence shall render the fulfillment of this Agreement by MP or the CITY impossible, then this Agreement is canceled and voided unless the parties agree to reschedule the Event. The City in its sole discretion may determine that it will not rebuild 21 the Tennis Center. In the event of rescheduling of the Event, all other terms and conditions of this Agreement shall remain in full force and effect unless because of such destruction the Event is not held in any given year, the payments to be made by the CITY or MP shall abate provided, however, if monies are received under this Agreement by the CITY or MP as specified in Section 3.01. then such monies shall be disbursed in accordance with Section 3.01. for Naming Rights or freFF1 Sponsors then such funds shall De paid to MP as describod in seGlion 3.01and 3.02. If the CITY determines to rebuild the Tennis Center, CITY agrees to rebuild the Tennis Center or any part thereof at least to the condition of the property before any such destruction or substantial damage. 5.05. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any personal property located at the Tennis Center by MP, its agents, employees, representatives, independent contractors or invitee. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Tennis Center under this Agreement, unless such damage, loss or liability is caused by CITY'S (including employees and agents) negligence or misconduct. 5.06. INDEPENDENT CONTRACTOR STA TUS. MP and its employees, volunteers and agents shall be and remain afl independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 5.07. ASSIGNMENT. A. MP shall not assign or transfer this Agreement nor otherwise convey any privilege granted hereunder or sublease/license any part of the Tennis Center unless the written consent of the CITY is first obtained, except as otherwise provided herein. Such consent shall not be unreasonably withheld. Neither this Agreement nor any right, privilege or interest therein or thereunder shall be transferable by operation of the law or by any process or proceeding of any court. B. Assignment as referred to above shall include, but not be limited to, any and all sales, assignment, transfer, collateralization, or other disposition of a controlling interest in stock certificates, right, title and/or interest in and to MP to any person or entity other than Mark Baron. C. This section shall not be applicable to any transaction wherein: (i) MP remains the owner and managing entity of the Event, and (ii) the 22 controlling interest or majority interest in any successor to or assignee of MP remains with Mark Baron. 5.08. GOVERNING LAW AND VENUE. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 5.09. SEVERABILITY Should any part, term or provision of this Agreement be deemed by a court of competent jurisdiction to be illegal or in conflict with any law of the state, the validity of the remaining portions or provisions shall not be affected thereby. 5.10. NO REPRESENTATIONS BY CITY. Neither the CITY nor the CITY'S officers, agents and/or employees have made any representations or promises except as expressly set forth in this Agreement. 5.11. BOND LIMITATIONS. A. It is recognized by MP that the Tennis Center has been financed with proceeds of tax exempt debt and may be re-financed from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt status of the debt issued to finance the same. B. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall automatically terminate, without any required notice by the CITY, if any payment required to be made under the provisions of this Agreement to the CITY would, together with any other private use payments made or required to be made by any other entity(ies) or person(s) for the use of the tennis center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences") of the CITY issued to finance or refinance the tennis center or any part thereof. Such a termination shall not constitute a default on the part of either party to this Agreement. Upon such termination, it is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, 23 and which, in the opinion of the CITY'S bond counsel, would not have negative tax consequences. 5.12 TICKETMASTER AGREEMENT. The CITY has entered into an agreement with Ticketmaster-Florida, Inc. in which Ticketmaster has the exclusive right to sell all tickets for any attraction made available to the public at the Delray Beach Tennis Center and this Aareement shall be subiect to the terms and conditions of that aareement. MP rightc and obligationc: A. MP shall provide a staff adequate to oporato tho TiGket Box Office during the hours of 9 a.m. to 5 p.m., Monday through Friday, oxcopt fer legal holidays. MP may, at its option, operate the Ticket Box Office on 'Neokonds or aftor AorFFlal business hours; in such a caso, all provisionc from this agroomont ara al3plicable to tho weekends or aftor hours of oporation. B. MP shall at all timec be responsible for the security of any and all tiGkets, supplioc, rewipts, aAa eqllil3FFlent, regardless of ""nothor such items are owned by CITY, MP or Ticketmaster Florida, Inc. MP shall be rosponsible for reasonably socuring the aforementioned items upon the close of normal operating hours of tho Tickot Box Office. C. MP shall provide and submit to the CITY or its designee a daily reconciliation of all ticket sales and amounte; collected. MP shall make daily deposits to the City Hall Utility Billing departmont on weekdays and shall place \Nookond doposits in a safo at tho Tonnis Contor to bo dopositod by an omployoe ef JCD Sperts Group, Inc. MP shall aeposit all funds raGoived fraFFl tiGket sales through Ticketmaster with the CITY in the mannor described above. D. MP shall provide, at its exponse, a fully functienal Visa/Mastersar-d terminal and printor and a fully functional cach registor to bo ucod for tiGI{ot sales. E. MP shall pay any and all charges levied by Ticketmactor Florida, lAG. for tickot sales allocatod to Ticketmastor and relatod to evontc cpeAsorea or managed by MP, ether tnan tho rental foo for tho Ticlmtmactor eqllipment. Such charges are sot forth in the CITY's agreement with Ticketmaster Florida attached hereto as Exhibit "G". CITY shall pay ninoty percent (90%) of all amounts due to MP 1l130A GOFRpletion of the e'/ent. CITY shall pay the balance of the remaining ten percont (10~(.) to MP within 60 days aftor the completion of tho event, less amounts for vihich rofllAas have been issued. F. MP shall keop records relating to the salo of tickots alloGated to TiGketFFlaster through the Ticket Box Office in accordance with gonorally aGGeptea accouAtingl3riAGiples. The CITY or its designee shall have the right to al,Jdit any and all 24 records kept by MP, or tho oporations of the Ticket Box Office, or both, to ensure proper iAteFAal G0Atr-ol&. G. MP shall pay to tho CITY oighty porcent (8Q~q of any and all net tiGket advertising revenue earned by MP. MP shall l3ay all aFFlounts due to the CITY for its share of the ticket advertising revenue witnin fifteen (15) days after the end of the calonaar FFlenth in which tne tiGket advertising re'/enlle 'Nas generated. In addition to pa)'FRont of sl,lGh revenue, MP shall provide, GonGurrent with the payment of such tickot aavertising revenue, documentation to the CITY showing the re'/enuo earned in tho month for which tho paymont is boing made. H. MP shall obtain insurance as set forth in Exhibit "H" attachod horeto and incorporated herein as if fully set forth. MP shall additionally ootain insl,lrance in amounts sufficient to cover the value of the equipment and Slll3l3lies utilized for the ticket sales operations. Furthermore, MP shall obtain insuranco in an aFFlellnt of $20,000 to cO'ler loss, damage, destruction or theft of ticket proceedc. MP snail list tno CITY and dCD Sports Group, Inc. as an additional insured on any policy of inSIlFanGe obtained for the ticket sales operation. MP shall, within thirty (30) dayc aftor tne date of execution of this agmoment, dolivor to the City'c Risk Mana€ler a certificate of insurance pr-oviding proof of the insurance coverage provided heroin. I. MP agroes to defond, indeFRnify and hola the CITY, its agents, employoos, GontraGtors and assigns and dCD Sports Gr-oup, Inc. harmless from any causos of action, suits, claims, damages, liens, judgments, or administrativo pr-ocoodings rolated to MP's operation of the Tickot Box Office or the actions of MP's employooc, agents, contrastorG or assigns. Nothing contained herein is intended nor shall bo constrlloa to 'Naive CITY's rightc ana iFRFRllnitios Ilndor seFRFRon law er Section 768.28, Florida Statutos, as amended from time to time. The provisions of this section shall survi\<e the execution, delivery and performance of this I\groemont. CITY rosponsibilitioE ana rights: ^. The CITY shall pay to MP forty perGent (10%) of any and all of tho not of the facility feos charged and collectod thr-ough ticket sales at the Ticket Box Offico. The amount of tho facility foo per ticket is detorFRinoa oy the CITY in its sole dissretion, except for thoce ovonts cponsorod or managea oy MP in which caco, tho foe will be mutually agr-oed Ill3en l:Jy CITY and MP if a facility fee is to bo charged. The CITY shall l3ay all amounts due to MP for its share of the facility foo 'Nithin fifteen (15) days aftor the end of the calendar month in which the fees wem gonorated. B. In tho ovent that MP failc to porforFFl its duties at the Ticket Box Office ac described in this /\greemont, JCD Sports Group, Inc. er the CITY has the right to enter into tho Tickot Box Office in or.ger to operate the facility. JCD or tho CITY shall alse 25 havo tho right to enter into the Ticket Box Office aftor hours at thoir discretion in or-dor to operate the facility. C. CITY shall provide telephone lines and sorviGO to the Ticket Box Offico. MP or its employees may only uso any long distance sorvico I3ro'/iaed for G9FRmunications diroctly relatod t9 tiGlwt sales at tho Ticket Box OffiGo. CITY shall provide, in itc sole disGr-etion, the equipment and supplios neGessary to conduct tickot sales oporationc at tho Ticket Box Offico. 5.13. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed an delivered by both parties hereto. This Agreement shall be interpreted as a whole unit; and sections headings are for convenience only and shall not be deemed to modify, explain, qualify or restrict any of the provisions of this Agreement. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 5.14 EFFECTIVE DA TE OF AGREEMENT. This Agreement shall only be effective if signed by the Mayor of the City and MP. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk David Schmidt, Mayor Approved as to Form: City Attorney WITNESSES: MATCH POINT, INC. By: Mark Baron, President (Print or Type Name) 26 (Print or Type Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2002 by Mark S. Baron as President of MATCH POINT, INC., a Florida Corporation, on behalf of the corporation. He is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State Of Florida 27 ." \' ~ .. ~~ I Exhibit A I.L...-"~I"- ~ '.:..#.- ., .. -- .." ~' . \ "...__....~-~-_.-:--_._--a----- till':: Ul -e~--.. '" Q./ :If ~ -";~'~f=--:~~[Il-j.fIJ=-J : . ~ '" ~ fr ~~~,~- ... m J: ~ ... m '" ... ~ tn: ------------ =Ilf _ '=w ':l .- I . @ r-~-------___"; :-: '. ~; ;;,,' ~ '. - 5" . . - I' U'-I' ." . ~ .- 11'_.- . AO"'5l1''' nOH'b J PIOIoIOTERS ~ I OFFICE tIlIlJ !:! :! ClID - @) ClEl - .. - - 10 .1 .. ... CCRRlD IJIllJ ,,'-4- ." DrI'lC( CJIIZ] "5! o Drl'lCE lJID !.. j . Exclusive Use - IIt_,.. Non- Exclusive Use . . .' ... , ( 7'-0- b ~ "-3 h .1 .. 2'-D" 2' 2" 2''';Oi' 2'-2' 22'-0' - TI1' 0 EAr. 2'-2- "-I ", I ;, .' rb- _ _~ f- -------------t-----____ , Exhibit C Match F'r"'lt, Inc. 1516 Urover.Jty Drive, SUite 203 Coral SprlnQS, Rorlda 33071 U.S.A. 5i ATP Tour host site SPONSOR. IDENTIFICATION · NAME INCUJDIlD IN 'DiE OFRCAL TCXJBNAMIiNT 1trLE · SIADlUM COURT SlCNAGIl (N..u.m/tooo) · IDENTIP1CA1tON ON BACH OF DlJ! NORm ANI) sourH COURT L2VIiL BACKDROPS · IDI!N'l1P1CA1tON ON BACH OF 2 SCOREBOAIlDS · 2ND SHOW COURT (NAMI!/tooo) · IDBNTIRCAnON ON BACH OF two CCUKT LEVEL BAaDROPS · ID&N'I1RCA.nON ON 'DiE SCORBIIOARD · 3RD SHOW COURT SIGNAGIl (NAMIl/LOCO), IF WID · mllNTlRCA1tON ON BACH OF two COUll:I' LEVEL BAaDROPS · IDBNTIRCA1tON ON DlJ! sc:.'ORB8OAlm · IlIlCOCNIDON AS 'DiE HOSI' SI'Ii SI'ON5OR ON SPONSORS BOARD AT 1'Ol.lltNAMENT IlN'l'RANCIi · IlIlCOCNIDON AS '!HE HOS1' SI'Ii 5PONSOll ON SPON!lORS/DRAW BOARD PROMlNIlNTL Y DISPLA YBD ON-sm; · IDIlNIII'1CAt1ON AT SI'ONSOR's ClXlRTSIDII BOX SEA'lS ON SI ADlUM COURT , · 2 PtlBUC ADDB1lS6 ANNOtJNCllNllNTS PIlR IdATai ON SIA.DIIJM 00URr ADVERTISING . 60 SIlCONDS OF tELIMSION CCNMIlRCAL tnG, OR 0PIlNINC ANI) Cl.OSlNC B1LLBOAROS, DURING EACH AIlUNC OF NAtIONAL 0JVl!RAc:E OF DlJ! SIlNIPINAIS ANI) P1NAIS · 1 PUU.-PAG:I!, 4-ax.oR ADY'I!R'11SIlME 1NDlJ! OPRaAL rotlllNAMIiNT PROCRAM · NAMIl/u:x;o INCUlDED IN ALL PRINT ANI) PROMOUONAL IdA'I'IlIlIALSPROOUCBD BY IdATaiPOlNT, INC" WHIDlE APPUCABr..E . · BICHl'TO INCXIIIl'OIlATIi SI'ON!lOIts TOURNAMIiNT APPIIJAtION IN PROManONAL ACTIVmI!S PROMOTIONS · A lOx 20 EXHIIIttlON IlOO'IH TO SHOWCASE SI'ONSOR's PRooucrs ANI) lOR SERVICIlS, INa.UDlNG · 4 I!XHlIIrrOR CIEDENI1ALS PIIR SIlSSION . 2 PA100NC PASiSIlS PIlR SESSION · ASSISTANCE IN DIlSICNlNG PROMOTIONS ANI) CRI!A'IINC TOURNAMIlNT IlIlLATBD MARJ::IlTINC PRcx::RJ.MS · SPONSOR IdA Y stlPPLY PRODUCT TO SPIICTATOKS, PLA~, PRllSS, ANI) TOURNAMENT V,LP'S, tJPON MATCH POINT, 1NC.'s JJ1PROVAL 11/3/98 Phone ~54) 765 B830 . Facsimile (954) 755-8831 Exhibit I D . P.u;a]. qF,2 . . Hosr SlTE SI'ONllOR 77CKE7S, CREDENTL4.LS, & PASSES · 8 CCltl1l1'SlDE BOX SEA1S ON SI'ADItJM COURT PEl SESsIoN · 24 RIlSIlItVIIo SEA1S ON SI'ADItJM COlJRT PER SIlSISlON · 6 SI'ONSOR CRBIlIlN'IlALs · 4 V,I-P. PAlOONC PASSES PER SIlS!iION · 12 J'R1"UI= PAIlJ:JNC PASSIlSPIlIUiliSON HOSPlTALlTY & ENTERTAlNMENT · 1 - 9O-MIM1l1i 'l1INNls CUNIc JlOa 81'EOPLB, INCLtJOlNC · 0H<'0tlKr IlIlVBRAcIls AND rowm.s · SHOW1lR FArrr ".,.,. · (tIP TO) 8 AIXlluUN'AL1lIlSIlJM!o SEATS ON SI'AD.lUM COURT · (tIP TO) 4 ADDl'IIoN..u. !'IPIl""1R PA!OONc PASSES · INVITAtIONs JlOa 121'EOPU! TO JOIN US JlOR · "sPoNsoR'S/PL.\\'ER'S 1UBIIJiE" · "CRANDB FINAL&" omClAL TOURNAMENT MERC1lANDISE · 4 OFl'IaAL TOVRN.uGiNT l'OLO SfIIR1S . · 4 01'P1aAL TOtlRNAMENT T-sHIR1S · 8 OPPIaAL TOtlRNAMENT PIl.OCR.U.IS ADDmONALAMENlTIBs · HClITSlTESI'ONSOR WlLL1lECEIVE 100 PA!RSOPCENIiRAL ADMISSlONnaans TO IlACHSESSlON, MONDAY tHJlOUCR SlJNI)AY, TO USJ; AT 1HIlIR OWN DISCIUlnoN (I.E., RIlSIl.ItiNTS, EMPLo\'EllS, CHARrrIlis, rm::.) 11/3/98 Match Pof-~ Inc. 1515 UnlvemfyDrlve, SuIte 203 COral Sprlf/(p, ROrlda 33071 U.S.A. si ATP lbur IDENTIFICATION · srADlUM C<X.lRI' SlGNAGE CNAMlii/LOCo) · 1 SlGN AT COUItT LEVEL · 1 SlGN ON tHE UPPIiR LEVEL · 2ND SHOW COlJRT (NAldE/LOCo) · 1 SIQ\l AT C<X.lRI' LEVEL · 3RD SHOW C<X.lRI' SlCNAG:II CNAMIii/LOCo), If WED · 1 SIGN AT COlJRT LEVEL · 1lECOCN1t1ON AS A HOST SI1li COoSPOt>IsoR ON SI'CMlO1ls BOARD AT TOURNAMENT IlNTRANc:s · IIICOCNI7IoN AS A HOST SI1li COoSPOt>IsoR ON SI'ONS01Is/ORAW BOARD PROMINI!Nn.Y OlSl'LAn;o ON- SI1li · IDEN'11PIc:AIION AT SI'ONSO.R's OXJRTsII)E BOX 5EA'm ON srAOIOM COURT · 1 PVBUC: ADDlU!SS ANNOtJNcEMENT PIl1l MATCH ON srADlUM COURT City of Delray Beach host site CO-SPONSOR I of II ADVER77SlNG · 1 PUtL-PAGE,. 4-cot.aR ADVEI1lSEMENIs IN tHE oma.u. TOtlRNAMENr PROGRAM · NMm/U:X;OlNQ.tlDI!D IN ALLPRlNI' AND PROMOTIONAL MA'I1lR1ALsPROOtJCllO BY MATCHl'OlNT,INc.. WIiIlRIl APPUCABLI! · RICH!' TO INCORPORATE SI'ONSO.R's TOURNAMENT AFF.Il.IAnON IN PROMOTIONAL Acnvnms PROMOTIONS · ASSISTANCE IN O&slGNINC PROMOTIONS AND CREA1lNC TOURNAMENT llELA'IEO MAiUarnNc PROCRAMS · SI'ONSO.R MAY stlPP!.y PROOtJC:r TO SPECrATORS, PLA\1iRS, PRIlSS, AND TOURNAMENT V.I.P'S, tJPON MATCH POINT, INC.'S APPROV At TICKE7S, CREDEN'I'IALS, lit PASSES · 4 COURTslOIl BOX SEA'm ON STAD!tJM COURT PIl1l SI!SSION · 2 USIlRVBO SEA'm ON STADJUM COlJRT PER SI!SSION · 8 CENERAl. ~"""QN SEA'IS ON STADIUM COlJRT PIl1l SESSION · 2 5PONSOK CIIlDI!NTIAIs · 2 v J.P. PAIOONC PASSES PI!R SIlS!llON · 1 PRIiMDIR PAlOONG PASS PIl1l SI!!l5lON 11/3/98 Phone (954) 7SS-8830 . FacsimIle (954) 755-8831 . . I-ACIl2 OP 2 , .crt'Y ()p OEL1t\Y BEACH HOln' SlTB COosPoNsoR, I OF D HOSPITALI7Y 6' ENTERTAlNMENr · INVI1'Al1ONS lOR 6 PEoPLIl TO JOIN us R)R · "SPONSOR's/PLAY&'s JUIIILBIi" · "CIlANDE PINALB" OFFICIAL TOURNAMENT MERCHANDISE · 2 omCIAL TOURNAMENT POLO SHIRTS · 2 omCIAL TOURNAMENT T-4RIllTS · 4 omCIAL TOURNAMENT PROGRAMs TM Host Site CD-Sponsorship i8 IlVllilMle for $35,000 for the 1999 went. with II minimum cost of livirag incntut! mamudly. 11/3/98 Marcn fJOf ~ Inc. 1515 University Drive. Suffe 203 Coral SprlnQS, Rorlda 33071 3l ATP Tour U.S.A. IDENTIFICATION · !rADIUM COtJRT SlCNAGE (NAMIl/Loco) · 1 SlCN AT COtJRT LIVE!. · 1 SICN ON IHII UPPER U!VI!L · 2ND SHOW COtJRT (NANIl!i.oco) · 1 SICN AT COtJRT U!VI!L · 3RD SHOW COtJRT SlCNAGI! (NAMIl/LOCO), IF USED · 1 SlCN AT COtJRT UlViL . RIIc:ocNmON AS A HOST SITE COosfoNsoR ON SPONsoRS BOARD AT TOURNAMENT EN'I'RANa; · RIlCOCNmON AS A HOST SITE COo5I'ONsoR ON SPONsoRS/DRAW BOARD P1t0MlNENTl. Y DISPLAYED ON- SITE · IDEN'nRCAnON AT SI'ONSOR's COUR'mDB BOX 5llATS ON STADItJM COURT · 1 PUllUC ADDIlli5S ANNOtlNCEMENT PER MATCH ON !rADIUM COURT City of Defray Beach host site CO....SPONSOR I of II AD'VERTISlN'G · 1 FUU.-PAGE, 4-cot.oR ADVER'l15EMENIs IN lliE OFRc:w. TOURNAMENT PROGRAM · NAMIl/LOGo INCLlJDED IN ALLPIllNT AND PROMotIONAL MATliRIAIsPRODUCED BY MATCH POINT, INC., WHERE APPUCABLE . · RIGHT 10 INCORI'ORAn; sPONsoR'S 'I'OURNAMENT AFl'ILiAnoN IN PROMotIONAL Acnvmes PROMOTIONS · ASSISTANa; IN DBSlCNINC PROMotIONS AND CREATINC TOllRNAMENT RELATED MARleE'nNc PROGIV.MS · SPONsoR WAr SUPPLy PRODUCT TO SPEcrATORS, I'LA YSRS, PRI!SS, AND roURNAMENT V.I,P'S, UPON MATt:HPOlNT, /NC.'S APPROVAL 17CKE'TS, CREDENTlALS, & PASSES · 4 COUlnSIDIl BOX SEATS ON !rADltJM COURT PER 5ES5l0N · 2 RIlSEKVBD SEAlS ON STADIUM COURT PER SliSSION · 8 CliMlRAL ADMISSION SEAlS ON ST ADItJM COURT PER 5I!SSJON · 2 SPONSoR CIUlDENTr.us · 2 VJ.P. PAR/CINC PASISIiS PER 5I!SSJON · 11'RiNIl!R PAR/CINc PASS PER SBSSlON 11/3/98 Phone (954) 755-8830 · Facsimile (954) 755-8831 MUIc.;(I r-r 'I, me. 1575 UnIverI/ty Drive, Suite 203 Coral $prfnQS, ROIfda 33071 U.S.A. )i ATP Tour . City of Delray Beach host site CO=SPONSOR 10fI IDENTIFICATION · 51'AIlltlM CXXJRT SlCNAGll CNAIG/LOCO) · 2l1CNS ON tHE uPPER tBYBL · 2ND SHOW CXXJRT (NAME/LOGO) · 1 SICN AT CXXJRT UMlL .. · 31lD SHOW CXXJRT SlCNACI! CNAIG/LOCo), ~ USED .1 SlCN ATCXXJRTUMlL · IlECXlCNIDON AS A HOSr SlTE CC>-SPoNsoR ON SPONSORS BOARD AT 'I'OllRNAMI!NT ENTRANCE · RIlalCNlTION AS A H051'SlTE co-sPONSoR ON SI'ONSORS/DRAW BOARDPROfdINENTLy DISPLA'tEI) ON- SlTE · 1DIlNTIRCA'lION AT Sl'ONSClIl's CXXl1lT5lDE BOX SEAlS ON 51'ADItlM cotlR'I' · 1 PUIlUC AIlC>awa ANNOUNCIlNiNT PIlK MAIt:H ON 51'ADltlM CXXJRT ADVER7'IS1NG · 1 FULL-PACI!,4-cou:lR ADVIiIm5BMIIN1S IN tHE OI'FlClAL TlXJRNAMIlNT PRClCRAM · NAME/LOGO lNQ,tlDED IN ALL PIUNT AND PROMOIIONAL NA'Il!RIALSPRODlJl:EO BY MATCHPOINT,INC., WHBRE APPLlC~RJ Ii · RICHr TO INCORPOllAl1i 5PONSOll's TOURNAMENT API'II.lA'lION IN PROMODONAL AC'IlVIIlIlS PROMOTIONS · "SPONSOR OF THE QILWI'Y1NG WEEIalND" DiVOIED TO tHE EXCLUSMl PROMOnON OF SPONSOR, INCl.tlDING . SlCNACIl AT TOURNAMENT IINl1lANCE NAMlNC 5PONSOR AS "SPONSOR OF THE DA }'" · RICHI' TO DIS1'RIBtlTE PROIXICI' AT TOURNAMENT IiNTKANCE · ASSISI'ANCI! IN DIlSlQllNC PROMO'nONs AND CREATINC TOtmNAMIlNT RIlLATI!D MAlUamNc PROCRAMS · 5PON!lOR NAY SUPPLY PRooucr TO SPIlCrATORS, PLAYERS, PIU!SS, AND TOURNAMENT V.LP'S, UPON MAtcH POINT, ]Nc.'s Al'PROVAL 11/3/98 Phone (954) 755-8830 . FaC61mlle (954) 755-883 7 . P~~oF2 an OF DIlLRAY 1lEAal: HOST 5ITB CX>-SI'ONSOR, I OF I 77CN:.r:;, CREDE1II77ALS, & PASSES · " ClCJVJaSIDB BOX SIlAtS ON &rAOltlM COl.IRT PER SIlSSION . Z 1lI!SIlIMlD SEATS ON &rADIUM COl.IRT PER SIlSSION · 8 CIlNI!RAL ADMlSllION SEATS ON &rADlUN COl.IRT PER SIlSSlON · Z SPONSOR CIlIIDIIN'l'IAL · 2 V.LP. PAlUaNC PASSES PER SIlSSlON · 1 PIlI!MlEIl PAlUaNC PASS PER SIlSSlON HOSPlTALlTr & E&1."k~lcrAlNMENT · 1 - 90-NlNt1I1l11lNNJS ~c lOR 8 PIIOPLIi. lNa.tJDlNG · ON-CXXIRT IIIlVBIl ~'"W AND TOWllLS · SKOWI!R PACLnIIlS · (up 10) 8 ADIXnONAL RII5EIMlD SEAlS ON &rADIUM COURT · (up 10) 4 ADDIIlDNAL PRIiMlliR PARKING PASSES . INVlTA'ltONS lOR 6 PBOPLE1o]OfN lJSR>R · "sPcNsoJl's/PLAYIiR'S]tlBlLE&" · .CKANDJl PINALE" OffiCIAL TOURNAMENT MERCHANDISE · 2 O!PRaAL rotlRNAMIiNT POLO SRlR'lll · 2 0l'RaAL lOt.IRNAMENT ToflHlRtS · 4 0l'RaAL lOt.IRNAMENT PROCIlAMS :n. Host Site Co-Sporrsorship is IUIldl4bk for $35,000 for the 1999 ~ with ,. minimum cost of liDitIg inClWlUe __lly. 11/3/98 oK ff) 1~1.~._llill~~~llllIml~I__IIIImI.~~ml~lm_ TO: DAVID ~E " TY A,NAGER THRU: PAUL DORLlNG, DIRECTO F PLANNING AND ZONING FROM: MICHELLE HOYLAND, SENIOR PLANNER~ ~ SUBJECT: MEETING OF JANUARY 21, 2003 CONDITIONAL USE EXTENSION FOR AN ASSISTED LIVING FACILITY CALFl. INDEPENDENT LIVING FACILITY C1LFl. AND ADULT DAY CARE FOR MIL- ATLANTIC. WHICH IS LOCATED ON THE WEST SIDE OF SOUTH MILITARY TRAIL. APPROXIMATELY 650' SOUTH F WEST ATLANTIC AVENUE. JI!IIIIOOllllllllllllllmlllllllllllllllllllmlllllllllll1IIIIIIIIIIIIIilllillilllli~IIIIIIIIII!!I!I."II_111111II_II....~.IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!1lllillllilllru.. The action requested of the City Commission is that of approval of an extension request to a previously approved conditional use request to allow the establishment of an Assisted Living Facility (ALF), Independent Living Facility (ILF) and Adult Day Care project known as Mil-Atlantic. This development proposal was approved by City Commission on July 10, 2001, with an approval period of eighteen (18) months. Construction of the development has not commenced and the approval is valid through January 10, 2003. Additional background information and full analysis of the proposal can be found in the attached Planning and Zoning Board Staff Report. 1111~~.II~~llilllllll~II~II~~.mllllllllll~II~llml~lmilliiliililiill~lli_mllml~~~I~~~lmll~~m~IIIIIII~~I~ml~11~11~iillliilli!il!I!!.IIII.11 Pursuant to LOR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application pursuant to the following: . A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; . The letter must set forth the basis and reason for the extension; . The extension shall be considered by the same body which granted the original approval; . The extension, if granted, shall be for eighteen (18) months unless otherwise stated. Additionally, when an extension is requested for a project on which construction has not commenced the granting body must make findings as outlined in Article 3.1 of the LOR's. These are the same findings that were made for the original approval, which relate to Consistency with the Future Land Use Map and Comprehensive Plan, Concurrency, and Compliance with the Land Development Regulations. A positive finding with respect to these items can be made with this extension request. The applicant has submitted the following statement regarding the delay with the construction of the development: "Please be advised that the Plans and Specifications for the South Parcel (ALF) have been completed and submitted for building permit. I believe that all departments have reviewed the Plans and the Permit is ready to be issued pending the submission of a bond guaranteeing the completion and maintenance of the utility systems. Furthermore, the Plat for the property has been approved and recorded. As such, we have made considerable progress toward the construction of the Facility but have been delayed in securing a firm commitment for financing the development. The economic climate presently is undergoing some setbacks in real estate financing. " 9~ . Ci1y Commission Documentation Mee1ing of January 21 , 2003 Mil-Atlantic - Conditional Use Approval Extension Page 2 The applicant has complied with the Conditional Use conditions of approval. It is noted that an extension for the Class V Site Plan has also been applied for and is being processed concurrently with the Conditional Use extension request. II~OO.llllllli~llllllllllrnmrl_lmi__I.II~__ By motion, approve the Conditional Use extension request for Mil-Atlantic as described herein, based upon positive findings with respect to Chapter 3 (Performance Standards), Sections 2.4.5(E)(5) and 4.3.3(0) of the Land Development Regulations, and the policies of the Comprehensive Plan, said approval to be valid for an additional eighteen (18) months (expiring July 10, 2004) Attachments: Extension Request Letter Planning and Zoning Board Staff Report Dated June 18, 2001 MIL-ATLANTIC, LLC 3910 N. 56TH AVENUE, SUITE 103 HOLL YWOOD, FL 33021 (954) 893-3983 Fax (954) 893-3982 November 15, 2002 Mr. Paul Dorling, Al.e.p. Planning & Zoning Department City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Request for Extension 230-Unit ALF/ILF Delray Beach, Florida Dear Mr. Dorling: The Site Plan Approval and Conditional Use for the above-referenced development will expire on January 10, 2003. This letter is a request for an extension to the subject approvals. Please be advised that the Plans and Specifications for the South Parcel (ALF) have been completed and submitted for building permit. I believe that all departments have reviewed the Plans and the Permit is ready to be issued pending the submission of a bond guaranteeing the completion and maintenance of the utility systems. Furthermore, the Plat for the property has been approved and recorded. As such, we have made considerable progress toward the construction of the Facility but have been delayed in securing a firm commitment for financing the development. The economic climate presently is undergoing some setbacks in real estate financing. Therefore, we resp-fi!ctfully request an extension as required under your Code and fully anticipate that we will be underway within the extension period. r~ P. Dorling November 15, 2002 Page 2 of 2 Our check number 269, in the amount of $500.00, is attached representing the required fee for said extension request. Please advise when this matter will be heard by the appropriate parties, so that I might be in attendance. Very truly yours, /; /// /----<" - ,,' i ,;/( '/ / .I / / ) ./.. {. {L. L-"---1 '--- Philip Pearlman, AlA Managing Member PP/lm Enclosure IMll-ATLANTlCICORRESPIDORLlNG 11-1502 FilE: ORB II (cJ. ORB II (d) ; ORB VIII PLANNINu AND ZONI~G BOARD CITY OF DELRA Y BEACH ---STAFF REPORT ___ MEETING DATE: AGENDA ITEM: ITEM: June 18, 2001 IV.C. Conditional Use Request to Allow the Establishment of an Assisted Living Facility, Mil-Atlantic, Located on the West Side of South Military Trait, Approximately 650 Feet South of West Atlantic Avenue. GENERAL DATA: Owner/Applicant.... .................... Agent..... ............. ................... Location .............. ............ Property Size......... Future Land Use Map Designation..... Existing Zoning. ...................... Adjacent Zoning...... .........North: East: South: West: Existing Land Use ................... Proposed Land Use.. ................. Water Servi~e...... Sewer Service.. Mil-Atlantic, L.L.C. Philip Pearlman, AI.A. Located on the west side of Military Trail, approximately 650 feet south of West Atlantic Avenue, Immediately south of Pines West Plaza. 4.204 Acres (North Parcel) 3.621 Acres (South Parcel) MD (Medium Density Residential 5-12 units/acre) RM-B (Medium Density Residential - 8 units/acre) City PC (Planned Commercial) County RS (Single Family Residential) , City GC (General Commercial) & City R-1-A (Single Family Residential) County RS (Single Famiiy Residential) County RS (Single Family Residential) Vacant Land Conditional Use Request to allow the construction of an Assisted Living Facility consisting of 230 units, and an Adult Day Care center with associated parking and landscaping Available via connection to an existing 12" water main along the east side of Military Trail and an 8' main at the southeast corner of the shopping center to the nortn. Avaiiable via installation of a lift station and connection to a 4" force mam along the west side of Military Trail. .-"'-'" ~ '-"= K,O,; car " r-l,IAI?' "Ak'K,WLA::: O' D[IJ(AV Jc,: ~ " - '" 1\ - I : Dtll?AY >1'05, i PLAZA scorTYO.r _€l-~f-rs- , ~ COUNTRY I CLUB, '-'0"""",,, , -0 \. , -, "',,- IACR[S I " ~-, :: ;,_ f. ~. :/../-1.. cOWSOI\ 60ULEVAR: :;.....'<1\'"', ' {J VA.' IV.C. II ITEM BEFORE THE BOARD II The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish an Assisted Living Facility and Adult Day Care for Mil-Atlantic ALF, pursuant to LDR Section 2.4.5(E). The subject property is located on the west side of Military Trail, approximately 650' south of West Atlantic Avenue, immediately south of Pines West Plaza. II BACKGROUND II The subject property involves two parcels of land (fka Carussillo-Evans property) that are divided by the L-34 Canal. The parcel to the north of the canal contains 4.19 acres and the parcel to the south contains 3.621 acres. At its meeting of September 17,1996, the City Commission annexed the southern parcel with Medium Density Residential 5- 12 du/ac FLUM designation and RM-8 zoning district designation. At its meeting of June 8, 1998, the City Commission annexed the northern parcel with Medium Density Residential 5-12 du/ac FLUM designation and RM-8 zoning district designation. On November 6, 1998, a Conditional Use request was submitted to establish an Assisted Living Facility (ALF) and Adult Day Care for a project to be known as Mil- Atlantic ALF. At its meeting of December 21, 1998, the Planning & Zoning Board recommended approval of the Conditional Use request. At its meeting of January 5, 1999, the City Commission approved the Conditional Use request subject to the following conditions: 1. That the ALF be limited to 230 beds and the Adult Day Care to seventy (70) patients; 2. That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan, except where modified along the south and west borders to preserve existing trees; 3. That a thirty-foot (30') wide road easement that does not contain any back-out parking be provided along the north property line; and, 4. That a wall be provided along the north, south and west property lines where it abuts the single-family subdivisions, and that the applicant work with staff to provide appropriate landscaping along the wall. ~.-,.- Subsequent to the approval of the Conditional Use request by the City Commission, an application for site plan approval was submitted, and at its meeting of August 25, 1999, Planning and Zoning Board 5t ;eport Conditional Use Approval - Mil-~dantic ALF Page 2 the Site Plan Review and Appearance Board (SPRAB) approved the site plan for Mil- Atlantic ALF with conditions (see Exhibit "A"). The site plan and conditional use approvals have since expired, and on May 4, 2001, a Conditional Use request was submitted to reapprove the original application to establish an ALF/lLF and Adult Day Care. II PROJECT DESCRIPTION II The parcel to the north is vacant with the exception of two billboards located at the northeast and southeast corners of the parcel and a row of trees along the west property line. The parcel to the south is vacant with the exception of a billboard located at the southeast corner of the parcel and a row of trees along the west and south property lines. The two parcels will be connected internally by a bridge over the canal. Access to the site is provided from Military Trail with three ingress/egress points (two for south parcel and one at the north end of the northern parcel). The project will be phased, however the order of completion of the phases is not specified and will be determined based upon market demand. The entire development will be licensed as an ALF, but offers different levels of care and services for each building. The development proposal consists of the following: SOUTH PARCEL: · Construction of a 73,161 square foot combination one and three story structure. This facility will house an Adult Day Care, Alzheimer care and ALF consisting of 105 beds (99 units). The total number of 105 beds will be provided in the following unit types: eighty-two (82) studio units, eleven (11) one bedroom units, and six (6) two bedroom units. The Alzheimer wing is located on the first floor at the south end of the building. The kitchen, dining room, and multi-purpose room are located at the north end of the building, also on the first floor. The second and third floors consist almost entirely of rooms with a care station on the second floor and an additional multi-purpose room on the third floor; · An Independent Living Facility (ILF) is indicated as a "Future Phase", and will contain thirty-one (31) units (31 beds); . Demolition of the existing billboard; · Installation of fifty-one (51) parking spaces that are situated along the south, east and west sides of the structure; and, . Installation of a refuse area and proposed lift station. ~.._' -- Planning and Zoning Board St ~eport Conditional Use Approval - Mil-nllantic ALF Page 3 NORTH PARCEL: . Construction of a three-story 82,000 square foot ILF with 100 units (170 beds); . Demolition of the existing billboards; · Installation of an outdoor pool area; and, · Installation of 120 parking spaces with a two-way access drive leading to the neighborhood to the west, and a refuse area. The applicant has submitted the following narrative describing the operation: "The North Parcel is to be developed with 100 units for Independent Living. The South Parcel is to be developed with a 130 unit Assisted Living Facility, of which 21 units to be dedicated to residents with dementia, and a Senior Day Care Center for 10-15 occupants. The facility will be operated on a 24 hour basis. Meals will be provided on a one (1) meal per day for Independent and three (3) meals per day for Assisted. Each facility will contain social, recreational and therapeutic spaces for the use and enjoyment of the residents. The Campus will be developed is stages, but the sequence has not yet been determined". II CONDITIONAL USE ANALYSIS II REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac) and a zoning designation of RM-8 (Multi-Family Residential 8 du/ac). The zoning district is consistent with the MD Future Land Use Map designation and "Adult Living Facilities and Adult Day" are listed as Conditional Uses in the RM district [LDR Section 4.4.6 (D)(1) and (3)]. Planning and Zoning Board 5t 'eport Conditional Use Approval - Mil-, ,,,antic ALF Page 4 CONCURRENCY: Facilities which are provided by or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as it relates to Water and Sewer, Streets and Traffic, Parks and Open Space were discussed in the Annexation report. Concurrency as it relates to Drainage, and Solid Waste are discussed below. DrainaQe: Paving and drainage plans are not required for the conditional use analysis. Drainage can be accommodated via an exfiltration system and/or sheet flow into sodded swale areas with outfall to the canal. Thus, positive findings with respect to this level of service standard can be made. If the conditional use request is approved, a paving and drainage plan must be provided with the submittal of the site plan. Solid Waste: The proposed development will generate 572 tons (194,123 square feet x 5.9 pounds per square foot per year = 1,145,325 -;- 2,000 = 572 tons) of solid waste per year. The Solid Waste Authority has indicated that it has enough landfill area to accommodate projects through the year 2020. Therefore, positive findings with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made, Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency, Housina Element Policv 8-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The proposed ALF and Adult Day Care is inconsistent with this policy, as the nature of the use will be restricted to adult residents. However, given the property's extensive frontage along Military Trail, and its relatively shallow depth, it is not a prime location for a single-family subdivision or a multi-family development. It is also noted that the area northwest of the site is already experiencing a saturation of multifamily developments. Based on the above, while the use as an ALF/lLF is inconsistent with this policy, it appears that it may be the most appropriate use for this particular property. Planning and Zoning Board 5t ~eport Conditional Use Approval - Mil-nLlantic ALF Page 5 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 in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to the adjacent residential areas and the commercial development to the north. While the use as an assisted living facility and adult day care does not fulfill a remaining land use need as identified within the City's Comprehensive Plan (for reasons stated above), it will fulfill the need for moderate and middle income housing. With the review of the site plan this policy will be revisited. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4,5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north by City zoning of Planned Commercial (PC); to the south and west by Palm Beach County zoning of Agricultural Residential (AR); and the east, across Military Trail, by Palm Beach County zoning of Single Family Residential (RS), City zoning of General Commercial (GC) and Single Family Residential (R-1-A). The existing land use to the north is the Pines West Plaza; to the south and west is Country Club Acres; to the east, across Military Trail is Boca Delray Animal Hospital, Country Club Acres, and The Hamlet. Compatibility with the adjacent residential subdivisions to the west and south is a concern. The site plan indicates that the proposed building will be three stories in height. The site plan has been designed to create some buffer area between the adjacent residential developments by providing a building setback of forty-two feet (42'), and the inclusion of a six-foot (6') high concrete wall along the south and west sides of the south property. To be more sensitive to the adjacent residential development, the vast majority onhe~ existing trees along the west and south property lines of the south property will be retained, which will provide for a landscape buffer that is fifteen feet (15') in width. This Planning and Zoning Board 5t 'eport Conditional Use Approval - Mil-, ,,,antic ALF Page 6 situation should be replicated to the extent that is possible along the west side of the north parcel as well. While a six-foot (6') high concrete wall has been proposed to mitigate the height of the three-story structure from the adjacent residential neighborhoods to the south and west, the rear of the Pines West Plaza abuts the development on the north side and is rather unsightly. It is recommended that the six-foot (6') high wall be continued along the west and north property lines of the north parcel, and is attached as a condition of approval. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2,4.3 Will be requirecl, Based upon staff's review of the sketch plan and site inspections, the following "Items of Concern" have been identified. The attached technical comments, which include the items below, have been transmitted to the applicant and will need to be addressed with revised plans. LDR Section 4.3.3 (C) Assisted Livinq Facility Common Area: A minimum of 10% of the total floor area of an ALF shall be devoted to a common area wherein a variety of recreational or therapeutic activities may occur, This floor area shall be calculated exclusive of halls, corridors, stairs, elevator shafts, and garages. The sketch plan indicates that 13,431 square feet, or 11.97% of the total floor area is devoted to recreational or therapeutic activities, therefore meeting the intent of the regulation. Intensity - Post 1987 Structures: ALF(s) which are to be established in buildings constructed on, or after, January 1, 1987 shall be permitted to house residents as follows: · Residential Zone Districts - 900 square feet of lot area per bedroom. Based upon the above requirements the 7.81 acre site can accommodate a total of 378 beds. One of the previous conditions of approval was that the ALF be limited to 230 beds. With this proposal 306 beds are being requested, however there are only 230 total units being proposed as many units have two beds. Facilities Requirements: An ALF located in any zone district shall provide outdoor amenities, landscaping, design fea.tur~s, and yard space to serve the residents. Such features shall be reviewed and approved" concurrent with the Conditional Use approval. Planning and Zoning Board 51 'eport Conditional Use Approval - Mil-, ,,,antic ALF Page 7 The sketch plan indicates that 44.3% open space will be provided with this development proposal. Outdoor amenities include a pool on the north parcel, and four (4) patios and a gazebo on the south parcel. LDR Section 4,3.3 IE) Adult Day Care Floor Area: Facilities shall contain a minimum floor area of thirty-five (35) square feet per adult, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. The applicant has indicated that the proposed 2,334 square foot Adult Day Care center can accommodate up to sixty-six (66) patients based on the above formula. Loading Area: A pickup -and drop-off area for the adults shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building, This requirement has been addressed on both the north and south parcels. LDR Chapter 4.6 Supplementary District Requlations: Parking: Pursuant to LDR Section 4.6.9 (C)(7)(b), parking for ALF's shall be calculated at the rate of one (1) space for each four (4) beds. Pursuant to Section 4.6.9(C)(7)(h), Adult Day Care shall provide one (1) parking space per 300 square feet. Parking for the ILF (north parcel) containing 170 beds has been calculated at the same rate as an ALF for a total of forty-three (43) required parking spaces. The 120 parking spaces provided on the plan for the ILF could be decreased to allow for additional open space and amenities. The ALF located on the south parcel has 136 beds, and accordingly is required to provide thirty-four (34) parking spaces. The Adult Day Care component on the south parcel requires eight (8) parking spaces, thereby creating a total of forty-two (42) required parking spaces, and fifty-one (51) spaces have been provided. Landscaping: Pursuant to LDR Section 4.6.16(H)(3)(e), where any commercial areas abut a residential zoning district or properties in residential use, in addition to the requirements established for district boundary line, one tree shall be planted every twenty-five feet (25') to form a solid tree line. The above requirement applies along the south and west property lines, and it would appear that the requirement is met by the proposed plans. Planning and Zoning Board 5t :eport Conditional Use Approval - Mil-"clantic ALF Page 8 OTHER ITEMS Access Easement The subject property abuts a residential area to the west consisting of ten (10) iots, which are located south of the Pines West Plaza shopping center. The single-family homes obtain access by traveling through the parking lot of the shopping center, which fronts on West Atlantic Avenue. As a result of this development pattern, it is very difficult for emergency services to access the area in a timely manner. Thus, unacceptable response times have resulted. With development of this property an easement will be required along the north portion of the property to allow direct access from South Military Trail to the subdivision. The applicant at the time of annexation agreed to provide this easement. The easement should be a width of at least thirty feet (30') to serve as an access drive for the neighborhood, and run parallel to the north property line of the development. PlattinCl: Water and sewer main extensions will be required of this development proposaL In addition a lift station will need to be deeded to the City. Given these factors the property must be platted pursuant to Chapter 5. It is noted that at the time of the resubmission of this Conditional Use request, the applicant has submitted for plat approval. Solid Waste: While two (2) refuse areas are proposed on the site, given the volume of solid waste generation (572 tons of solid waste per year), trash compactors should be considered. II REV IE WB Y OTHERS II The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan will rest with the Site Plan Review and Appearance Board (SPRAB). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board 8t :eport Conditional Use Approval - Mil-,,[Iantic ALF Page 9 Courtesv Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: o Country Club Acres o Greensward Village Condominium Association (within The Hamlet development) o Hamlet Residents Association o Highland Trailer Park o PROD (Progressive Residents of Delray) o Presidents Council o Sherwood Forest o Sunset Pines II ASS E SSMENTAND CONCLUSION II The proposed Conditional Use is to establish an Assisted/Independent Living Facility with a total of 230 units (306 beds) and Adult Day Care (15 occupants) for Mil-Atlantic ALF. The use is not consistent with Housing Element Policy B-2.2 that discourages adult oriented communities. However, the alternative use of the site as multiple-family or single-family development would be less desirable (or less feasible) given the property's extensive frontage along South Military Trail, and its relatively shallow depth. To enhance compatibility a wall should be provided along the north, south and west property lines where the development abuts single-family developments and a commercial development. II ALTERNATIVE ACTIONS II A Continue with direction. B. Recommend approval of the request for Conditional Use request for Mil-Atlantic ALF based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility), Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions. C. Recommend denial of the Conditional Use request for Mil-Atlantic ALF based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Planning and Zoning Board Sf 'eport Conditional Use Approval - Mi!-niiantic ALF Page 10 II RECOMMENDED ACTION II Recommend approval of the request for Conditional Use approval for Mil-Atlantic ALF to establish an ALFIILF and Adult Day Care based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility), Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the ALFIILF be limited to 230 units (306 beds) and the Adult Day Care to fifteen (15) patients. 2. That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan. 3. That a thirty-foot (30') wide road easement be provided parallel to the north property line, and does not contain any back-out parking. 4. That a wall be provided along the north, south and west property lines where it abuts the single-family subdivisions. Attachments: . Exhibit "A" . Location Map and Sketch Plan r"C. c:.- ~- ~ ; t- .',~ I l ~~~ '_'- ~,'t !'- ; .(. '- r_~- ! _' r .~ r.. .' D,l~~ ': B'~,CH tr.a:d All-America City "lIP e lit""" '" A..ff 1 QC:,: Seplember 17. 1999 Mr. Philip Peariman 391 D North 56'" Avenue Suite 1 D2 Holiywood. Florida 33D21 Re: Mil-Atlantic ALF - Conditions of Approval :...lear flJii'_ Pearlman: This letter is being provide:" to you as the designated agent for the above referenced project. At its meeting of August 25. "1999 the Site Pian Review and Appearan::e 30ard granted site plan aporoval for Mil-Atlantic ALC' subject to the following con::iitions: 1. "That the existj;jg chain iink fence located at the northwest corner of the Phase) site be removed and a note to !i'iat effect provIded on the plans. 2. ,t..., City of Deiray 3each standard parking stall detail must be provided on the engineering and site plan and that a Type "D" curb detaii e provided on the engineering pian. 3. Lift station, drainage and fire flow calculation must be provi::ied. 4. That the limits of required curbing be provided on the site plan and landscape plan. 5. That the handicap accessible pathways from the parking stalls to the building be indicated on the site plan. The handicap parking stalls do not appear to have sidewalks from loading area to building entrance. pie2se clarify, ""' That the engineering pians indicate the ex!sting and proposed grades and provision of a detail Qf proposed perimeter giade. That the :Juiijin;: not ex:ee: e height of 35' and that the site daia refiect the corre::t buiiding neight. 8 That a 30' setba:K be p,ovided lD the canopy localed along the north property iine. ,...'C' 9. That information be provided for the adult day care function inciuding sauare footage, number of patien:s. and :larking :aicuiations. . ~ 1/j~ ?hilrc ?ea~i"7',an ~~ c:.:mditior.s:/ .t..,;J;)~o\.'a, ili-,L.tiank: ;",L..r ?2:e 2 j 8 7nat a dro::;,-':.ff area "_'_ provIded for- the adult c~ay care b::::atec! aiong the sJ0':;-: S!je:Ji ",hase I buiid!n~ 11 / 12. 13. 14. 15. 16 -~ " That a detail of the Ilgntlng fixture and a photometnc plan be provided prior to su~mit;al of building permits That the driveway be f:':designed to provide adequate turning radius for emergency vehicles. That the site data includ:,: the squar:,: footage and percentage of floor area that is devoted to common area for recreational Dr therapeutic activities for the ALF. That the billboards loca!:,:d on Phase II be removed with the development of Phase I. That the subject propercy be platted pursuant to Chapter 5 and recorded prior to issuance of a building permit. _ p, note must be prOVided on the plans that all prohibited plant species shall be eradicated from the development Sit:,: and re-establishment of prohibited spaces shall not be permitted ,L, note must be provide:i on the plans that the unpaved portion of the right-of-way adja::ent ;0 the property lin:': s~,all be landscaped With sod and prOVided with Irrigation and ir;aintenance. 18. That the Cocoplum heD~e located along Military Trail In front of the berm be rel~catej 10 the rear of the berm and gr:x.mdcovers provided in front of the hedge. 19. That the confliCTs with Trees and streetlights be eliminated. 20. The trees shall be a minimum of 12' overall height at the time of planting with a minimum of 4' single straight trunk with 6' of clear trunk and 6' spread of canopy. The Pigeon Plum and Crepe Myrtle do not meet this requirement. 21. That the wall along Polk Road be relocated to the interior of the landscape strip (5') and that a hedge be provided on the exterior of the wall. 22. That the Oak trees provi:Jed along the south property line not exceed 25' on center. 23. (NEIN) That the sixty-one (61) Crepe fIIIyrles be divided into 2 different approved s::Jecies that meets the minimum of 12' overall height requirement. 24. That the hedge along the north property iine be com::Jleted. 25. That the \f\/ashington:a ?alms be changed TO i 2'-15' overall height. 26. That the perimeter heoge on the south, west and the north property line be changed to another native species rather than Cocoplum, 27. That ilJe east pro::Jerty in:': remain the Cocoplum I: -<:k P1il::J Ps:;n~a:; ?S C:ondlt!:Jr';S:)7 f....:J:xova! ?3:2 3 Viii-At:antl: hLt= Pie2se be advised that the site plan approval is valid for 18 months, thus expiring Ot: r:e!:;iuaiy 25. 2001. Prior to the ex;xation date 25% of the cost of all improvements must be co~struste::! in or::!er for this proposal to De considered established. Next Steps Sujmit three (3) copies 01 tne revised site, landscape, engineering, floor and building elevations plans addressing the conditions of approvaL Once all conditions have been a::!Jressed cer@cation (sign-off) of the site pian will occur and you may then proceed to the Community Imp'ovement Department to obtain a bUilding permit Should you have any questions, do not hesitate to comact me at 243-7049. ~cereIY, , .~, . / /,;:.- )'/1' / 1./( j / L/.....'v~'--" Iv":"""'" l/ U Danet Meeks Senior Planner ~"Jl.UrW"lI.":.ooI . . . o . Ii ~L . " 0 !. 0' II ~' L",:jon -, . .1 I i 1: i o' 'I . ! 'i -: ~ ~~ .. .. ~ _i. " 1;1 '; I, , I ~ i -- ~ ~ - i . I . . 't'CJlK)"lJ 'OOV1l:l A't'ij"OO 3nN3A'1 :JllN'f11Y 153't\ ~ 11'1W,. A~'11n1n ':=]"1"'1'/ ODJLIN]W1.Jl.W-lI!'!J !~~~~ ill.. U ~ ;...."', ;i i ! ~ f'~ ~! !~h._....""'::!"lf! 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'" r. . ~~ , , ;:<! . ~ ~~ " , , , ". " 'iE 1m I'''' C"' .. ,r !im '":~ 'Iio! ;i~ ill= I. ill I,. ., '.; !~~ ~ . , ~ I' I \ ~ "id !'I! 1!. I -- I ~ , , ~ ; !~I ! I' . j'l ,I. e .......e.. 1 rJ iii ~. TZ Ilv i~ I~ Ir ~I~ il~ .. lij n i [l, r r ~j , . . , :~ ~ 2 f' ~ ~ r- i I I ____...1 ~'~~~. ~"r.A"~1 'II !1i!H lllIUn.-~'n.~IIil1l1IC.l.\.n..~. 1~' 1/ I' !,.I 1111 MILITARY TRAIL &: WEST ATlANTIC A~NUE 'J1JJi DEl.RAYBEACH,FlORlDA =,,~~ IJOlcennoll &: OllllOCiat... _ ,.......,.......1'1=.. ~ _ _ -. _ :DJlll (_> 74;2-4?W1 .. <_l ":2_:D3 ., I ,r ~ I ,----! '1 ~ "-_~.'. ;1 i I! i ~ I ' I 1 . , . '. I ~J . III 1 "I , i!. ~-q I """ '"II III '.~ !'I! 1!. e /~ I ~r ? , ~ .. ~ :: ij ~ . l C . 4 [IT' DF DELRRY BEA[H !JE,lRoAY, BEA,~f-! tr.ad AII.AmericaCity '1111: ""I !:i'j'j':_ ::'ELRtV HE,tCH FLORIDA :;3444 :)6 ;,24 li-,;(\ MEMORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: ~bert A. Barcinski, Assistant City Manager DATE: January 16,2003 SUBJECT: AGENDA ITEM ~ CITY COMMISSION MEETING JANUARY 21. 2003 RHYTHM AND BLUES ON THE AVENUE ACTION City Commission is requested to endorse a new event titled, Rhythm and Blues an the Avenue scheduled for February IS, March 22, and April 12 from 2:00 p.m. until 9:00 p.m. at various business locations on Atlantic Avenue. Staff assistance is being requested for security, barricading, small stage set up and take down, and event signage with a request to waive any overtime costs. BACKGROUND Attached are e-mail correspondence received from Rosaland Murray on behalf of the event sponsors to authorize the event and provide staff assistance. These events are being sponsored by area merchants, the DDA, CRA, and W ARC. Attached is an event budget, and I have been advised that funding has been committed. The proposed events are family oriented events with activities planned for all ages. The events are being proposed to create excitement and pedestrian traffic on West Atlantic Avenue. The locations for the proposed events are the parking lot at the Community Market Store, the vacant lot in the 700 block next to "Oh My Soul", and the third event is proposed to take place at the Wideman Building. The City's small stage is being requested as well as staff support for security, barricading, and signage. The event sponsors will be responsible for event management, hiring of entertainers, site cleanup and trash removal, and in providing restroom facilities. Fire EMS services are not needed, and the Police Department has indicated they can man the events with on-duty personnel from the West Atlantic Avenue Task Force. The estimated overtime costs for each event date are approximately $245. If the stage and barricading can be done on regular time, then there would be no overtime costs. No street closure is being proposed. U:\RAB\Agendaltem Jan 212003 Rh)1hm and Blues Event.doc \"i . " (~, I\A...,TTEHS SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JANUARY 21. 2003 RHYTHM AND BLUES ON THE AVENUE January 16,2003 Page 2 The dates requested do not at this time conflict with any other event and do comply with the new policies adopted which do not take effect until July. However, I must advise Commission that we may be receiving a request for Celebrate the Soul of Delray for March 22,2003. RECOMMENDATION Staff recommends acceptance of the event, the event dates, staff support as requested, and waiver of any overtime costs pending receipt of required certificates of liability insurance and hold harmless agreement. Commission may want to approve the March 22 date contingent on any action you might take concerning a request that you may receive for the Celebrate of Soul of Delray event. RAB/gb Attachments Cc: Rosaland Murray . Message Page 1 of 1 Barcinski, Robert From: Murray, Rosalind Sent: Thursday, January 16, 2003 9:43 AM To: Bauer, Gerri Cc: Barcinski, Robert Subject: Rhythm and Blues on the Avenue Rhythm and Blues on the Avenue was originally scheduled to be held starting Saturday, February 8, 2003. Due to the 1-95 and railroad closings the committee has decided that changing the date will allow greater access to the entire city. We were reminded in the meeting that Delray Beach does not end at 1-95. Major sponsorship had been approved by the Downtown Deveiopment Authority (DDA) and Community Redevelopment Agency (CRA). Local merchants will provide additional sponsorships for the event which is promoted to encourage business activity for downtown merchants west of Swinton Ave. The new dates are as follows: Saturday, February 15, 2003 Saturday, March 22, 2003 Saturday, April 12, 2003 2:00 pm - 9:00 pm 2:00 pm - 9:00 pm 2:00 pm - 9:00 pm These dates have been cleared on the annual calendar by the Downtown Coordinator. Rosalind Murray 1/16/2003 Summary Page I of3 Barcinski, Robert From: Sweeney, Tracey Sent: Thursday, January 09, 20034:16 PM To: Williams, Geoffrey: Serrano, Orlando: Simmons, Tim: Tomaszewski, John Cc: Barcinski, Robert; Bellinger, Harold: Weldon, Joseph: Olson, Rich: 'marjorie@delraybeach.com' Subject: FW: Summary Please review the below listed summary of a special event request that is being requested by the Delray Merchants Association. Rosiland Murray of the CRA is organizing this event with the West Atlantic Avenue businesses. Please provide me your comments and cost estimates for the below listed events. I need this information by Monday, 01/13/03, so Mr. Barcinski can submit to City Commission for their 01/21/03 meeting. I am sorry for the late notice, I received this request today. Thank you for your assistance. Tracey A. Sweeney Executive Assistant -----Original Message----- From: Murray, Rosalind Sent: Thursday, January 09, 2003 4:04 PM To: Sweeney, Tracey Subject: Summary I thought I sent you but maybe I did not. I am sorry but this is the guist of thing. the dates will change because of the road closure. i also have several news articles which I will bring with me tomorrow. As you know, we have a meeting on the 13th of January 2 6:00 p m. See you tomorrow! Summary At a recent Oelray Merchant's Association meeting in October 2002, several members commented that more must be done to create excitement and pedestrian traffic on W. Atlantic Ave. In other words, the merchants requested assistance in marketing and promoting W. Atlantic Ave. as clean, safe, pedestrian friendly environment. Market conditions, the economic slowdown, highway construction, and lack of pedestrian traffic have caused merchants to have interest in special events and activities for local businesses. At that meeting, we agreed to host a meeting for merchants and interested persons. Since then there have been three meetings with various neighborhood and business leaders. The result of those meetings is an even firmer request from merchants and residents to assist them in providing these services in the area. The merchants recognize that W. Atlantic Ave. is an area in transition. Residents and merchants are seeking activities that they can enjoy now. Merchants in particular are seeking strategies that will increase pedestrian traffic and eventually sales. The goal is to create an event that celebrates all people. The proposal involves developing a pilot program called "Rhythm and Blues on the Avenue," It is to a family event with activities inclusive of all ages. The project is to be held on one Saturday each month for two months. The event begins at 12:00 pm. Instead of requesting 1/9/2003 . Summary Page 2 of3 road closure, the events will be held in existing parking lots of the hosting or related businesses. A big part of the events will be children's activities, local talent, local vendors and local bands. The event is a celebration of Delray Beach and its citizens. The events will be alcohol free. Although businesses that sell alcohol will still reserve the right to sell. Portable rest rooms will be rented by WARC and provided at each site. City owned staging will be requested. Minor barricades will be constructed to prevent cars from driving into the parking areas. Signage is requested from City Staff. Set-up and clean-up is to be performed by members of the committee. No street closures are necessary. The first event is Saturday, February 8, 2003. It will take place in the parking lot for the Community Market Store located at 1130 W. Atlantic Ave. They are the sponsor. The second event takes place on Saturday, March 8, 2003 in the 700 block of W. Atlantic Ave. and will be sponsored by Qb My Soul Restaur~nt. The third event takes place in April 2003 and is sponsored by the Bi=_Lo Market and Hi~a_nd Her HairDesign. It takes place at the Wideman Bldg. in the 400 block. Each event ends by 9:00 pm. Law enforcement assigned to the West Atlantic Task Team will be scheduled to work the event so additional law enforcement expenses will not be required. We will also request the services of the MAD DAD Security Team to help keep a watchful eye and assist law enforcement in keeping control. Local businesses will be active sponsors and have pledged monetary support to the project. The events will feature a DJ, a live band, merchandise vendors, and activities for children such as a bounce house. Each event will feature a family focused local talent such as the MAD Dads Step Team. We will be dependent upon the merchants and residents to help promote the event as well as a local radio station. We are attempting to help create a symbiotic relationship between the residents and the area residents. The government and civic sponsors of the event include the Delray Beach Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), and Delray Merchant's Association (DMA). Business sponsors include Community Food Stores, His and Her Hair Design, Oh My Soul Restaurant, others will be recruited. 1/9/2003 . Summary BUDGET FOR RHYTHM AND BLUES ON THE AVENUE Each event REVENUE Merchant Contribution (per event) eRA (maximum) DDA (maximum) $500.00 $1000.00 $5000.00 $6150.00 $6150.00 Total EXPENSES Music - Live (8 piece band) - DJ $800.00 $300.00 $200.00 $100.00 $150.00 $ 500.00 $2050.00 x 3 = $6150.00 Advertising (radio) estimated' Printing Port-o-Potty Children's fun activities Total The budget is in draft form only. We are attempting to keep the costs to a minimum. 'There will be a one time cost for development of a flyer of perhaps $300.00. ]/9/2003 Page 3 of3 MEMORANDUM To: City Commission From: David T. Harden, City Manager Subject: Proposed $124,700 Lease Purchase Date: January 8, 2003 Staff received bids on November 6, 2002 for lease purchase financing of eighty (80) Club Car golf carts as well as three (3) utility carts totaling $124,700. Staff recommends SunTrust Leasing Corporation, the low bidder, as a provider of a lease purchase financing at a non-bank qualified rate of 4.2% for a four year term plus out of pocket fees of $200. I concur with their recommendation. ~D MEMORANDUM To: David 1. Harden, City Manager From: Rebecca S. O'Connor, Treasurer Thru: Joseph M. Safford, Director of Finance Subject: Proposed $124,700 Lease Purchase Agreement Date: January 8, 2003 Backaround On October 15, 2002, the City Commission approved the purchase of 80 Club Car golf carts with a net purchase price of $111,260. Simultaneously, the City has ordered via the State contract three (3) utility carts from Club Car totaling $13,440. In connection with this, the City received bids on November 6, 2002 for lease purchase financing (the "Lease") of the equipment referenced above ($124,700). The City will own the carts at the end of the lease term. Term We asked that the financial institutions make fixed rate bids based on a four year term. Securitv The Lease Purchase will be secured on an annual basis from non-ad valorem revenues. Bid ResDonses The City received responses from Public Finance.com., SunTrust Leasing Corporation, Leasing 2, Inc., Ashford Capital Corporation, and Club Car, Inc. See attached schedule. The lowest bid was received from SunTrust Leasing Corporation at a rate of 4.2% with a total cost of $135,893 including both principal and interest for the 48 month period. Recommendation We recommend the lease purchase agreement with SunTrust Leasing Corporation at a rate of 4.2% for a four year term plus out of pocket fees of $200. CITY OF DELRAY BEACH LEASE PURCHASE 80 CLUB CAR GOLF CARTS PLUS 3 UTILITY CARTS PUBLIC SUNTRUST LEASING 2 ASHFORD CLUB CAR FINANCE INC CAPITAL AMOUNT BORROWED RATES: 5.35% 4.2% 4.86% 5.81% 4.76% PAYMENT: ARREARS ARREARS N/A ARREARS N/A LEASE PURCHASE BY BANK (NON-QUALIFIED BANK RATE) MONTHLY PAYMENT 2,892 2,827 2,876 2,918 1,362 PAYMENT TOTAL 138,795 135,693 138,067 140,052 65,362 PURCHASE OPTION FEES 200 3,000 BALLOON 80,000 TOTAL 138,795 135,893 141,067 140,052 145,362 \ SUNTRUST LEASING CORPORATlONI LEASE AGREEMENT This LEASE AGREEMENT (the "Lease"), dated as of is entered into by SUNTRUST LEASING CORPORATION, a Virginia corporation, as lessor ("Lessor"), and CITY OF DELRA Y BEACH. a political subdivision of the State of FL as lessee ("Lessee"). Description of Equipment: GOLF CARTS Quantity: 83 Unit Price: $ Totat: $ t24 700.00 Total Equipment Price: $ 124.700.00 Less Down Payment: Total Principal Amount: $ 124.700.00 Interest Rate: 4.2 Total Rental Payments: $ 134 993.25 Number of Rental Payments: ~ Term: 45 MONTHS Amount of Each Rental Payment: S 2 999.85 First Rental Payment Due Date: Payment Frequency: !!l2!l!hl.Y. 1. Lease. Lessor hereby leases the equipment described above (the "Equipment") to Lessee, and Lessee hereby leases the Equipment from Lessor, upon the terms and conditions set forth herein. The Equipment has been delivered and installed in accordance with Lessee's specifications, is in good working order and is fully operational and has been fully accepted by Lessee on or before the date hereof. Lessee shall provide Lessor with a copy of a resolution or evidence of other official action taken by Lessee to authorize the acquisition of the Equipment on the terms provided herein. 2. Termination bv Lessee. In the sole event of the failure of Lessee (or Lessee's governing body) to appropriate money for any fiscal year sufficient for the continued performance by Lessee hereunder (a ''Non-Appropriation''), this Lease shall terminate in whole as to all Equipment effective upon the last day of the fiscal year for which funds were appropriated, and Lessee shall return all Equipment to a location designated by Lessor at Lessee's sole expense. 3. Rental Pavments. Lessee agrees to pay to Lessor at its address below the amounts due as specified above (the "Rental Payments") on the first business day of any month during which payment is due. A portion of each Rental Payment is paid as interest. Interest shall be calculated at the rate per annum specified above based on 30 day months and a 360 day year. The obligations of Lessee hereunder shall constitute a current expense of Lessee and shall not constitute an indebtedness of Lessee. Lessee's obligation to make Rental Payments shall be absolute and unconditional, not subject to setoff or final resolution of any dispute. To the extent permitted by law, Lessor shall have the right to require late payment charge for amounts due which are not paid within 10 days of the date when due equal to the lesser of 5% of each late payment or the legal maximum. 4. Renresentations. Warranties. and Covenants of Lessee. Lessee represents and warrants as of the date hereof: <a) Lessee is a state or political subdivision of the its state within the meaning of Section 1 03(c) of the Internal Revenue Code of 1986 and is authorized to enter into this Lease, (b) this Lease has been duly authorized by all necessary action of Lessee's governing body and such action is in compliance with all public bidding and other laws applicable to Lessee, (c) this Lease constitutes the valid and binding obligation of Lessee, enforceable against Lessee in accordance with its terms, (d) Lessee (or Lessee's governing body) has appropriated and taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments during the current fiscal year, and (e) Lessee has an immediate need for, and expects to make immediate use of, the Equipment. Lessee agrees that until all Rental Payments or other amounts due under this Lease have been paid: (i) Lessee shan, at its own expense, maintain the Equipment in proper working order and shall make all necessary repairs and replacements to keep the Equipment in such condition, (ii) Lessee shall obtain and maintain all pennits and licenses necessary for the installation and operation of the Equipment, (ii) Lessee shall not affix or install any accessory equipment or device on any of the Equipment, (iii) Lessee shall provide Lessor access to the Equipment at all reasonable times, (iv) Lessee shall not, directly or indirectly, create, incur, or suffer to exist any mortgage, pledge, lien, charge, encumbrance or other claim with respect to the Equipment and shall promptly, at its own expense, take such actions as may be necessary to discharge or remove any such claim, (v) upon Lessor's request, Lessee shall provide Lessor with current financial statements, budgets, and proof of appropriation for the ensuing fiscal year, (vi) Lessee shall pay all taxes and other charges which are assessed or levied against the Equipment, and (vii) Lessee shall promptly and duly execute and deliver to Lessor such further documents, instruments and assurances and take such further action as Lessor may reasonably request in order to carry out the intent and purpose of this Lease. 5. Tn Related Renresentations. Warranties and Covenants. (a) Lessee agrees that it will not take any action which would cause the interest component of Rental Payments to be or become ineligible for exclusion from gross income tax of Lessor for federal income tax purposes, and will take timely any action necessary to maintain such exclusion. (b) If Lessor either (i) receives notice, in any fonn, from the Internal Revenue Service or (ii) reasonably determines that Lessor may not exclude any interest paid hereunder from its Federal gross income (each an "Event of Taxability"), Lessee shall pay to Lessor upon demand (x) an amount which, with respect to Rental Payments previously paid and taking into account all penalties and fines, will restore to Lessor its after-tax yield as calculated by Lessor on the transaction evidenced by this Lease through the date of such event and (y) as additional Rental Payments to Lessor on each succeeding payment date such amount as will maintain such after-tax yield to Lessor. 6. Insurance. Lessee shall, at its own expense, procure and maintain continuously in effect: (a) public liability insurance for death or injuries to persons, or damage to property arising out of or in any way connected to the Equipment sufficient to protect Lessor from liability in all events, with a coverage of not less than $1,000,000 per occurrence, and (b) insurance against such hazards as Lessor may require, including, but not limited to, all-risk casualty and property insurance, in an amount equal to the full replacement cost of the Equipment.-Insurance policies shall be maintained with insurance companies acceptable to Lessor and shall contain a provision that 30 days prior to any change in the coverage the insurer must provide written notice to the insured parties. No insurance shall be subject to any co- insurance clause. Each insurance policy shall name Lessor as an additional insured party and loss payee. With Lessor's prior consent, Lessee may self-insure the Equipment by means of an adequate insurance fund set aside and maintained for that purpose which must be fully described in a certificate delivered to Lessor in form acceptable to Lessor. 7. Risk of Loss. As between Lessor and Lessee, Lessee assumes all risks and liabilities from any cause whatsoever, whether or not covered by insurance, for loss or damage to any Equipment and for injury to or death of any person or damage to any property. Whether or not covered by insurance, to the extent permitted by law, Lessee hereby assumes responsibility for and agrees to indenmify Lessor from a11 liabilities, losses, damages, claims, actions, costs and expenses, including reasonable attorneys' fees, imposed on, incurred by or asserted against Lessor that relate to or arise out of this Lease or the Equipment. This provision shall survive the termination of this Lease. 8. Destruction of Eouinment. Upon damage or destruction of any Equipment, Lessee shall within 30 days after such event replace the same at Lessee's sole expense with equipment having substantially similar specifications, such replacement equipment to be subject to Lessor's approval, whereupon such replacement equipment shall be substituted under this Lease and the other related documents by appropriate endorsement or amendment. 9. Title and Security Interest. During the lease term, ownership and legal title of all Equipment and all replacements, substitutions, repairs and modifications shall be in Lessee and Lessee shall take all action necessary to vest such ownership and title in Lessee. to. Warranties. Lessor makes no warranty or representation. either express or implied, as to the value, design, condition. quality, durability, suitability. merchantability or fitness for any particular purpose or fitness for the use contemplated by Lessee of the Equipment, or any other representation or warranty with respect to the Equipment. In no event shall Lessor be liable for any incidental or consequential damages in connection with or arising out of this Lease or the Equipment or Lessee's use of the Equipment. 11. Asshmment. Lessor, without Lessee's consent, may assign and reassign all of Lessor's right, title and/or interest in and to this Lease. When presented with a notice of assignment, Lessee will acknowledge in writing receipt of such notice for the benefit of Lessor and any assignee. Lessee shall keep a complete and accurate record of all such assignments. Neither this Lease nor any Equipment may be assigned, subleased, sold, transferred, pledged or mortgagoo by Lessee. 12. Events of Default. The occurrence of any of the following events shall constitute an Event of Default under this Lease: (a) Lessee's failure to pay, within 10 days folloYling the due date thereof, any Rental Payment or other amount due hereunder, (b) Lessee's failure to maintain insurance as required hereunder, (c) Lessee's failure to perform or abide by any condition, agreement or covenant (other than those described in clauses (a) and (b) above) for a period of 30 days after written notice by Lessor to Lessee, (d) Lessor's determination that any representation or warranty made by Lessee in this Lease was untrue when made, (e) the occurrence of an Event of Taxability, and (f) the filing of a petition in bankruptcy by or against Lessee, or failure by Lessee promptly to lift any execution, garnishment or attachment, or assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation of Lessee. 13. Remedies. Upon the occurrence of any Event of Default, Lessor shall have the right, at its option and without any further demand or notice to one or more or all of the folloYling remedies: (a) Lessor, with or without terminating this Lease, may declare a11 Rental Payments immediately due and payable by Lessee, (b) Lessor, with or without tenninating this Lease, may repossess any or all of the Equipment by giving Lessee written notice to deliver such Equipment to a location designated by Lessor at Lessee's expense, or in the event Lessee fails to do so within 10 days after receipt of such notice, Lessor may enter upon Lessee's premises and take possession of such Equipment (Lessee hereby expressly waiving any damages occasioned by such repossession), and (c) Lessor may take any other remedy available, at law or in equity. Lessee shall pay the reasonable attorneys' fees and expenses incurred by Lessor in enforcing any remedy hereunder. Each of the foregoing remedies is cumulative and may be enforced separately or concurrently. 14. Miscellaneous. (a) All written notices shall be given by mail to the party entitled thereto at its address specified beneath each party's signature. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage fully prepaid, or, if given by other means, when delivered at the address specified herein; (b) This Lease shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and assigns. As used herein the term "Lessor" means any person or entity to whom Lessor has assigned its right to receive Rental Payments. (c) In the event any provision of this Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. (d) This Lease constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements. This Lease may be amended or modified only by written documents duly authorized, executed and delivered by Lessor and Lessee. (e) This Lease shall be governed by and construed in accordance with the laws of the state in which Lessee is located. (f) A failure or delay of Lessor to enforce any of the provisions of this Lease shall in no way be construed to be a waiver of such provision. (g) To the extent permitted by law, Lessor and Lessee hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or arising out of this Lease. IN WITNESS WHEREOF, Lessor has caused this Lease to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Lease to be executed in its name by its duly authorized officer as of the date first written above. CITY OF DELRA Y BEACH. SUNTRUST LEASING CORPORAITON. BY' By: Name: David Schmidt Tilte: Mayor Name: Title: Address: ClIT HALL DELRA Y BEACH. FL 33444-2698 Tetephone 561 243 7120 Facslmlle: 561 243 7166 29 W. Susquehanna Avenue, Suite 400 Towson, MD 21204 Tetephone: (410) 307-6644 Facsimile: (410) 307-6702 As counsel for Lessee, I acknowledge that J have reviewed this Lease Agreement, any enabling resolution or minutes of a meeting of Lessee's governing body relating to the Lease Agreement, and such other certificates or other documents as I have deemed appropriate, and therefore, I am of the opinion: (i) Lessee is a state or political subdivision of the its state within the meaning of Section 103(c) of the Internal Revenue Code of 1986 and is authorized to enter into this Lease, and (ii) this Lease Agreement has been duly authorized, executed, and delivered by an authorized representative of the Lessee and is the legal, valid and binding obligation of the Lessee enforceable against the Lessee in accordance with its terms, except as may be limited. by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights of creditors generally. Counsel for Lessee Name: Susan A. Ruby Title: r.it'y A......nrnpy 2 SUNTRUST LEASING CORPORATION 29 W Susquehanna Ave. Suite 400 Towson, MD 21204 Phone: 410-307-6658 Fax: 410-307-6669 Funding Authorization Thank you for choosing SunTrust Leasing Corporation for your equipment needs. In order to process your request please provide the following: Business Name/Contact Name: City of Delray Beach Rebecca S. O'Connor Billing Address: 100 NW 1st Avenue Delray Beach, FL 33444 561 243 7120 oconnor@ci.delray-beach.fl.us 561 243 7166 80 Golf Carts 3 Utility Carts PhonelFax: Emai1 address: Equipment: The following items are required prior to funding, please send: This Funding Authorization Vendor Invoices Copy ofldentification card or drivers license of signer Front and back copy of title or MSO listing SunTrust Leasing Corporation as first lienholder ( if applicable) Original signature on Lease Agreement Your inunediate cooperation is greatly appreciated to expedite processing. Please call Mike Furnari 410-307-6658 with any questions. Michael S. Furnari Vice President 3 SUNTRUST LEASING CORPORA nON . 29 W Susquehanna Ave. Suite 400 Towson, MD 21204 Phone: 410-307-6658 Fax: 410-307-6669 Certificate I, the undersigned, am the duly authorized representative and acting City Clerk of CITY OF DELRAY BEACH ("Lessee") under that Lease Agreement dated (the "Agreement") between Lessee and SunTrust Leasing Corporation ("Lessor"), do hereby certifY that: Incumbency of Officers and Sil!1llltories: I have custody of the records of Lessee and the following officers are duly appointed or elected and hold the office or title set forth opposite each individual name, and the signatures opposite their names are true and correct, and where required, have been filed with the appropriate officials of the State in which Lessee is located, and each such individual has the authority to enter into the Agreement on behalf of Lessee: David Schmidt Certificate of Anmonriations and Source of Funds. Lessee bas an innnediate need for and expects to make innnediate use of the Equipment <as defmed in the Agreement), the need for which is not temporary or expected to diminish in the foreseeable future. Such Equipment will be used only for the purpose of perfonning one or more of Lessee's government or proprietary function consistent with the permissible scope of its authority. l!~Qtember Monies for all Rental Payments to make under the Agreement for the fiscal year ending .l'hl'Ie 30, 200~, are available from unexbausted and unencumbered appropriations from rho (;,,1 f ("'IrQ" F\lu<;\ andlor funds have been designated for the payment of such Rental Payments that may come due during such fiscal year. To the best of my knowledge and belief all dates, facts, signatures and estimates are true and correct and such expectations are reasonable. Lessee: CITY OF DELRA Y BEACH By: Name: Barbara Garito Title: City Clerk Date: January . 2003 4 SUNTRUST LEASING CORPORATION . 29 W Susquehanna Ave. Suite 400 Towson, MD 21204 Phone: 410-307-6658 Fax: 410-307-6669 Insurance Coverage DisclosurelRequirements I. In accordance with the Lease Agreement, Lessee certifies that it has instructed the insurance agent below: CITY OF DELRA Y BEACH ("Lessee") has entered into a Lease Agreement dated as of (the "Agreement") with SUNTRUST LEASING CORPORATION. In accordance with the Agreement, Lessee hereby instructs the insurance agent named above to issue: a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming SunTrust Leasing Corporation andlor its assigns as Loss Payee. The Coverage Required is $124.700.00. b. Public Liability Insurance evidenced by a Certificate of Insurance naming SunTrust Leasing Corporation andlor its assigns as Additional Insured. The following minimum coverage is required: PROPERTY: LOCATION: Liability: Liability - Bodily Injury: Liability - Property Damage: GOLF CARTS 2200 Highland Avenue Delray Beach, FL 33444 $ 500,000.00 per person $1,000,000.00 aggregate $1,000,000.00 aggregate Proof of insurance coverage will be provided to SunTrust Leasing Corporation, and lor its assignee prior to the time that the Equipment is delivered to Lessee. OR 2. Pursuant to the Agreement, Lessee represents and warrants, in addition to the other maUers under the Agreement, that it has provided lawful self insurance for: (check to indicate coverage) 15::- a. All-risk, physical damage in the amount specified in 1 above. _ b. Public liability for not less than the amount specified in 1 above. statue authorizing this form of insurance. Sign: Name: Title: Date: Frank Babin Risk Manager January ,2003 5 F"'m 8038-G 1 Re ortin Authorit Issuer's name City of Delray Beach, FL Number and street (or P.O. box if mail is not delivered to street address) 100 NW 1st Avenue Information Retum for Tax-Exempt Governmental Obligations .... Under Internal Revenue Code section 149(8) .... See separate Instructions. Caution: If the issue price is under $100,000, use Form B038-GC. If Amended Return, check here ~ 0 2 ISs~r's employer identification number OMS No. 1545.0720 (Rev. November 2000) Department of the Treasury Internal Revenue Service 3 Room/suite 4 Repon number 3 03-01 6 Date of issue 8 CUSIP number nla 5 City. town, or post office, state, and ZIP code Delray Beach, FL 33444 7 Name of issue Lease Agreement No. 9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telepllone l'llmber of officer or legal representative ( ) l' e of Issue check a Iicable box es and enter the issue rice See instructions and attach schedule o Education 11 o Health and hospital 12 o Transportation . . 13 o Public safety. 14 o Environment (including sewage bonds) 15 o Housing . 16 o Utilities . . . . . . . 17 Ii1l Other. Describe ~ Golf Carts 18 124,700.00 If obligations are TANs or RANs. check box ~ 0 If obligations are BANs, check box ~ 0 If obli ations are in the form of a lease or installment sale, check box ... 0 Oescri tion of Obli ations. Com lete for the entire issue for which this form is bein filed. (b) Issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield $ 124,700.00 $ 124,700.00 4 Uses of Proceeds of Bond Issue includin underwriters' discount 22 Proceeds used for accrued interest . 23 Issue price of entire issue (enter amount from line 21. column (b)) . 124,700.00 24 Proceeds used for bond issuance costs (including underwriters' discount) 24 25 Proceeds used for credit enhancement . 25 26 Proceeds allocated to reasonably required reserve or replacement fund 26 27 Proceeds used to currently refund prior issues 27 28 Proceeds used to advance refund prior issues 28 29 Total (add lines 24 through 28) . 30 Nonrefundin roceeds of the issue subtract line 29 from line 23 and enter amount here. 124,700.00 Oescri tion of Refunded Bonds Com lete this art ani for refundin bonds. Enter the remaining weighted average maturity of the bonds to be currently refunded . ... years Enter the remaining weighted average maturity of the bonds to be advance refunded . ... years Enter the last date on which the refunded bonds will be called . . ~ Enter the date(s) the refunded bonds were issued ~ Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) b Enter the final maturity date of the guaranteed investment contract ... 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a loan made from the proceeds of another tax-exempt issue, check box'" 0 and enter the name of the issuer'" and the date of the issue ... 38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box ~ Ii2l 39 If the issuer has elected to pay a penalty in lieu of arb~rage rebate, check box ~ 0 40 If the issuer has identified a hed e. check box ~ 0 Under penalties of peljury, I declare that I have examined this return and accompanying schedules and statements. and to the best of my knowledge and belief, they are true, correct, and complete. ears 4,2 % Sign Here ~ Signature of issuer's authorized representative 1/15/03 ... Joseph M. Safford. Finance , Type or print name and title Cat. No. 63173S Fann 8038-G (Ra,. ".2000) Dir. Date For Paperwork Reduction Act Notice, see page 2 of the Instructions. * Agenda Item No. 3ll AGENDA REQUES'l' Date: November 12, 2002 Request to be placed on: x Regular Agenda N;;~h~9 ;'-/2~.5 Special Agenda Workshop Agenda When: Description of agenda item (who, what, where, how much): ApprcnTP ::I 1 p;::ac::!p PlITrh;:U;lP ::IgrppmPTI't hp.twp.PTI the r.i ty and SllnTrll~t Lea~dng CorDoration in thi? prinripal imgYRt Qf $1 ?<I, 70(1 !:lr Ii ?"I frH- ::I 4 year pprinrl fnr RO r.ll1h r.Plr golf earts aHa 3 CI~. Car ~tility sarts ORDINANCE/ llliSOLUTION REQUIRED: YeS/NO Draft Attached: YES/NO Recommendation: Approve the above. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorne eview/ if applicable) Budget Director' Review (required on all items involving expenditure of funds): Approved for aien~: Hold Until: I (~l O~ available: ~ NO jJf{... II-sip) ,/ ~ ZI,s,o'fo al ternati ves: 445 1'111 582 71 30 Lease-Prin (if applicable) No. -& Description: 445 7111 582.72 30 Lease-interest - f"$,fJ/O::< Balance: rS7 '7fL - 1/ 23 C) 20 N&o ~ c9 NO &1 Funding Funding Account Account City Manager Review: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # qc -REGULAR MEETING OF JANUARY 21.2003 BID AWARD TO SHANNON CHEMICAL CORPORATION SUBJECT: DATE: JANUARY 17,2003 This is before the Commission for approval of a contract award to Shannon Chemical Corporation at an estimated annual cost of $39,228.00 for the purchase of Polyphosphate for the Water Treatment Plant. The lowest bid was from Florida Sanitary Suppliers, Inc.; however, they did not provide a certificate of compliance and a certified analysis by an independent lab with their bid; as specified in the bid package. Our Purchasing Division requested this information from the vendor on two different occasions and the vendor only supplied the Material Safety Data Sheet. Shannon Chemical Corporation submitted the proper documentation with their bid package. Recommend approval of the contract award at an estimated annual cost of $39,228.00, to Shannon Chemical Corporation for the purchase ofPolyphosphate. Funding is available from 441-5122-536- 52.21 (Water/Sewer Fund/Chemicals). S:\City C1erk\chevelle folder\agendamcmos \BidAward.Shannon ChcmicalCorporation.D1.21.03 MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager '~ THROUGH: Joseph sa~ance Director DATE: January 15, 2003 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING JANUARY 21, 2003 - BID AWARD - BID #2003-07 POLY PHOSPHATE - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award to second low responsive bidder, Shannon Chemical Corporation for the purchase of Polyphosphate for the Water Treatment Plant at an estimated annual cost of$39,228. Background: Bids were received on Tuesday, December 17, 2002 from nine (9) vendors all in accordance with City purchasing procedures. (Bid #2003-07. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Manager of the Water Treatment Plant is recommending award to second low bidder, Shannon Chemical Corporation. See attached memo dated January 14, 2003. Recommendation was not made to the low bidder, Florida Sanitary Suppliers, lnc., as they did not meet detailed specifications of the bid package which stated "bidder must submit a certificate of compliance and a certified analysis by an independent lab". The low bidder did not submit this documentation with their bid. Purchasing, on two different dates requested this information be sent. The vendor only supplied the Material Safety Data Sheet. Second low bidder, Shannon Chemical Corporation submitted the proper documentation with their bid package. Recommendation: Staff recommends the award to second low responsible, responsive bidder, Shannon Chemical Corporation, at an estimated annual cost of $39,228. Funding from account code 441-5122-536- 52.21 (fiscal year 2003-2004). Attachments: Tabulation of Bids Memo from Water Treatment Plant Manager Dated 01/14/03 Jan 14 03 12:31p Cit~ of Delra~ Beac~ 561 243 7316 " ' City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www_de/raye,,'d.cnm TO: Jackie Rooney - Purchasing SupervIsor John M~ullard- Manager- W.TJ'. FROM: SUBJE T Poly Phosphate Contract DATE: January 14, 2003 I am rec mmending that we award the Poly Phosphate contract to Shannon Chemical Corporation, the secOlld lowest bidder on Bid # 2003-07. The low :st bidder, Florida Sanitary Suppliers, Inc., has not been able to comply with any of our requests. On 1-6-03 and again on 1-9-03 we reque:;ted that they send us the following informat ,on: I 2 3 4 N.S.F. Certification Insurance Certification Chemical Analysis of their product The ability to comply with Ollr sampling requirements So far w' have only received an M.S.D.A. sheet Shannon Chemical Corporation has done businessilllith the Boynton Beach and Lake Worth W.T.P' for many years and is highly recommende:d by both of them. JMB/gpi w " I "- <J) o I "- I >- ~ 6~ w ,,-" alf"-.LLC2 >-901- i:28>-5 -d~ ffio UJ~>...J 00...J<( ~iD~~ ~ ~~ " <C " z I <J) Z '" ::> .. t.' . . '" . . C' <C o u ; C; " " .. 'S u " .c U . " .c " . "li " oil ".E " . ... . ... .:; . " " ~ .~ l .. t .l3 . " '" ~ . . ~ .~ -."- ., is in . " .~ U . ... -g ... ~ N "' "r " . " 0' . 'y .... .. U e . 0 o U . .. . " ~ 'E '" " .c U i:' " l! . 'S .... . '" . ... ." o G: " .:; " .:; ~ 1 '" . o :~ " " ~ Q ." " " ,~ ~ ] fl- o if ~ "0 " 11 ~ ~ -: ~ '" ." 8 9 0 8. ..; \; 00 ~ '- . ~ 'R ~ 8 @ :! o '" ~ ;' :(t ,g ~ ~ <0 ., 00 " ~ -" '" ~ ~ o 8 <0 00 00 ,.: " ~ -" '" 00 ~ g; ~ ~ ,.: " ~ -" '" :g 8 d d ;; ,.: " ~ -" '" ;J ci g; ~ ~ ~ .; " ~ -" '" 00 ~ 6 g; N ~ <0 " ~ -" '" ~ ~ <0 N N aC ~ ~ .g " 8 ci g ~ '" ~ ~ ~ '~ u 9 . s o U ';" ~ ~ '~ . u o o S 6 o u =: '"' ~ ll;! e ;::l H o " U '" ';" ~ '~ u :E " " ~ t o u ~ 'lb E "'~ 'c u ~ <C ~ -lj " f- ~ ~ . U o o ~ '" ~ ~ ~ . U o o . ~ U N B '6 ~ ~ .;1 f- '0 o '" ." -" ~ ." ~ jj ." ~ jj }1 ~ <l N '0 " > ;e ." -" ~ ." " N '0 " > "3 " ." ~ jj ~ jj i:' Q i ~ a ~ = .~ '" ~ .~ ~ ;;g ~ " " S !l 'ia J5 ~ 5 :3 ;> ;g ~ .~ '5 ~ u ; ~ 's ~ ~ .~ 'e, :; ;a:: u i:! ~.!:! a ~ o ~ is: ~ e-. '0 :a .... .... i:: ~. "'0 u J5 ~ou...1;lgu oc~i'5o.:g ~ u!! ..a e g ~ .8 f-o ~ ~ o Z ~ !l ~ ~ ~ <oj ~. g; l3 00 ~ S ~ u :9 ~ ~ ~ i ~ "'0 c:g ~ ~~'~~~'o ~ .0 0" U . . " >- ::: ~ . >- " . " . ro is .g ~ '" ".;1 ~ E a o " :g ~ o Z " >- o "f . ro o ~ ~ co..<:: III i3 u ..( ~ >< ~ .gJ u '8 a .s ~ '" ~ ~ '. ~ ~ u a ~ is ~ ;>< E ..s E "i !? = tS U ~ .g z ]" [ g "g. g.,g ~ ~ Qg ::::: "a.5 o Z . >- ::: ~ <. ." .lj . ] " " " '" "-2 ;:; ~ E " E '" 0 z u t g ~:; $ ;e '" 00 < ;::; Q v-i ~ .8 -e ~ .~ ~ ~ ~ e.5 ." - oS :; ~ " ." " 0 '9 " ~~ " ~ ~ ] ~ ~ !! .€ .... ~ ~ 0 ~.~ 8 ~ ~ ] ~S~ .~ ~ -E oS '"' o 6 C ;;3 ~ :E .g ~ t. 'g 0 ti ~ ,S ..s > ;;., '0:; ~ g s 8 ~ ~ ~ " ,; ~ ,g ~ ~ ~ j " u o . o ~ 0; 'iii '" AGENDA ITEM NUMBER: 5~ AGENDA REQUEST Request to be placed on: January 21,2003 Date: January 15, 2003 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Contract award to second low bidder, Shannon Chemical Corporation, for the purchase of Poly Phosphate at an estimated annual cost of $39,228. ORDINANCE/RESOLUTION REQUIRED: Draft Allached: YES YES NO NO Recommendation: Award to Shannon Chemical Corporation for the purchase of Poly Phosphate at an estimated annual usage of $39,228. Funding from account code 441-5122-536-52.21. _"'H"dS;,""'~ c9~ Determination of Consistency . Comprehensive Plan: \ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on aJI items inlloJying expenditure of funds): ./. 41':>flr/ Funding available: Yes ~ No Funding alternatives: Account Number: 1'( I-S/~-S'J b - 5..1.' Accou n1 Description: J/lv (if applicable) ! /i.r/t}? Account Balance: City Manager Review: Approved for agenda: G2 Hold Until: ~NO ~f~ Agenda Coordinator Review: Received: Ac1ion: Approved Disapproved [IT' DF DElAAY BEA[H DELRAY BEACH ~ AII.America City , I III,! ()~ rfr/ r: '," !lVt.'t;: .r,-::J:LR.\" Br:M:;H FLOB!DA :n44ti '';6 t ':i43 -I MEMORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: vfJ Robert A. Barcinski, Assistant City Manager DATE: January 16,2003 AGENDA ITEM C\ f CITY COMMISSION MEETING JANUARY 21. 2003 ACCEPTANCE OF SIX (6) SURPLUS PARCELS SUBJECT: ACTION City Commission is being requested to accept six (6) vacant surplus parcels from Palm Beach County at no charge to the City that the County acquired by tax deed. BACKGROUND I have received from the County a letter and back up material offering to the City six (6) surplus vacant parcels that were acquired by tax deeds in accordance with Florida statutes. Attached is the letter and back up material received. Staff has reviewed the need and possible use of these parcels. Staff has indicated that parcel numbers 1, 2, and 4 as listed on the attached disposition summary can be used for infill housing. Parcel number 4 is in a redevelopment area and may have other uses. Parcel number 5 can be used for infill housing if combined with additional vacant land adjacent to the parcel. Parcel number 3 can be utilized for drainage retention. Parcel number 6 is a small triangle piece located adjacent to property owned by the Delray Harbor Club. We might be able to trade this piece with the Delray Harbor Club to enhance our access to the MSA property. Per statutes, all liens against the property and tax certificates against the property have been canceled and the properties have been deeded to the County. U:\RAB\Agenda Item Ian 21 2003 Surplus Parcels.doc " : I\tt, ;-:'-..:) SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JANUARY 21. 2003 ACCEPTANCE OF SIX (6) SURPLUS PARCELS January 16,2003 Page 2 RECOMMENDATION Staff recommends acceptance of the six (6) vacant surplus parcels being offered by Palm Beach County. RAB/gb Attachments 12/03/2002 11:34 FAX 5612330210 Facllill.. Developmeql & OperatloDs Department Property" Real Estate Dlv. 33:13 Belved.... Ro;uod, ll.lId/ns ~l West falm Bea~h, FL JJ406 Tetephon.. (S~t) 233-Q,00 F'.,;mll.. (561) :133-0:110 WWW.pb.gov.com . Palm Beach County Bo.rd or County Commissioners Karen T. Marell!, eMir Tony Masilorti, Vice Chalnnan leffKoons Warren II, Newell Mil)" McCarty Burt Aaronson Addie L. Grecne CnUQIy Admiqistl"Acor Robert Weismant P.E. 'if., EqUtll Op{1fHt/lItIly ..4,OFrmQtiw Action EwtpIoye" : ""'t~ CM fkyr;l~P.'" PBC PROPERTY & REAL EST JaJ001 'R :i:: C ':'?! \/ E D 0',7[' "J" .,,"^ 1...:...... U j;Iij! ',,,",,. , .r ~ ' VIA FAX TO 561-243.7199 (4 PAGES) December 3, 2002 Mr, Robert A. Barcinski Assistant City Manager City of Delray Beac;h Delray Beach, FL RE: Conveyance of Six (6) Surplus Parcels Dear Mr. Barcinski: Pursuant to our telephone conversation, Palm Beach County wishes to convey to the City of Delray Beach six (6) vacant surplus parcels at no charge that the County acquired by tax deeds. A brief description of the parcels is on the attached Preliminary Disposition SnmmAry sheet and a map shOwing the lo.cation of the parcels is also attached. It is this Department's policy that parcels located within a municipality be conveyed to said municipality without charge. Although what each municipality does with the parcels after the conveyance is their own decision, the County encourages the municipality to make every effort to utilize the parcels for affordable housing needs. While the County recognizes that not all the parcels are desirable, the County does not have the resources to independently handle dispositions to third parties. Further, maintenance of these parcels cannot be accomplished as efficiently and, as a result, the municipality may receive complaints from adjoining property owners, As such, our Department policy dictates that the municipality request and accept all of the parcels offered by the County for conveyance in order to receive any of them. Although the County does not charge the municipality for the conveyance, the municipality may, naturally, retain all funds received from the sale of parcels once the conveyance has occurred. 12/03/2002 11:35 FAX 5612330210 PBC PROPERTY " REAL EST ~002 R. Barcinski, City of Delray Beach December 3, 2002 paie two - via fax only I What we require in order to convey these parcels to you is a letter requesting same on City of DeIray Beach letterhead. The letter should: (1) Be addressed to Mr. Ross C, Hering, Director, Property & Real Estate Management (address listed on fIrst page), (2) Reference the parcels to be conveyed. As there are numerous parcels, it may be easier to simply reference the "Preliminary City of Delray Beach Disposition Summary Sheet - December 2002", (3) Reference what Delray Beach plans on doing with the parcels (preferably using them for affordable housing needs, but if the parcels are too small for that, then they will be used for community improvements, recreation, beautification, etc,), (4) Be faxed to (561) 233-0210 and then mailed to this office. Be advised that, per Florida Statutes 270.11, the County will not release mineral and petroleum rights but will release entry and exploration rights, We have tentatively scheduled this conveyance for the Board of County Commissioners' February 4, 2003, meeting. Should you have any questions, do not hesitate to contact me at (561) 233-0239. We look forward to receiving your letter requesting these parcels, Sincerely, "/~ S en K. Schlamp Property Specialist Isks Attachments cc: Ross C, Hering, Director (w/attach,) Richard C. 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'" 'fl! .... ., = "-~~~t.s"",~... >.l.,,;Ol !.~ : _I ~ 0.....1: ....l:.. lJ Ilf...." a..(_ '~~~'~~it!<Un .f i ~ ...::) C:) j ; I:l(jf "ti't ~e ~o; llCt.::: ~ ~ ~ , '~I -.. ~ 1 '" , ~ WJWJ lUUUWWW s.w. 10TH ~ < ~ . " LINTON B 0 U LEV A R D rn~ CITY of DELRA Y BEACH ENVIRONMENTAL SERVICES DEPARTMENT 434 SOl1TH SWNTON AveaE, OEI..RA.Y BEACH. A...ClN:)A 33444 S,W. 7TH AVE, SURPLUS PROPERTY 2002-200 DATE:12/10jD 5 OF 6 ll1! Jd w UU UU UUUl~ S.E. 10TH . ...J <( 0: " o " "- rn1' ~ . . .i mJ >- : G 'i' ~ <( 0: " o '" X -' liS <( >- 0 III " " <( 0 <:> <( 0: >- Z o -' o rn~ >- <( ;0 0: " >- <( ;0 p LINTON BOULEVARD CITY of DELRAY BEACH E~RONMENTALSE~CESDEPARTMENT 434 80lITH 8WNTON AVEN.E. DEl..RA.Y BEAai, R.CR:>A 33444 S. FEDERAL HWY. SURPLUS PROPERTY 2002-200 DATE:12/10/0 6 OF 6 Palm Beach County Property Appraiser Property Search System Page 1 of2 Q Gary R. Nlkollts, CFA Palm Beach County Appraiser Public Access System Property Infonnation Location Address: 1012 NE 3RD AVE Municipality: CITY OF DElRAY BEACH Parcel Control Number: 12-43-46-09-28-008-0030 Subdivision: DEll PARK IN Official Records Book: 13955 Page: 435 Sale Date: Jul-2002 Legal Description: DEll PARK, l TS 3 & 4 BlK 8 Owner Infonnation Name: PALM BEACH COUNTY Mailing Address: 3323 BELVEDERE RD # 503 WEST PALM BEACH Fl 334061548 IAn owners..1 r 2002 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $0 Number of I Structural... I Units: 0 $26,100 Total Sq, Ft: I Extra... I $26,100 Acres: .00 I Land... I 0000 Description: VACANT 2002 Certified Tax Ad Valorem: Non ad valorem: Total: $16.20 $0.00 10_11... I 2002 Certified Assessed & Taxable Values Assessed Value: $26,100.00 Exemption amount: $26,100 Taxable: $0.00 2002 Exemption Homestead Receipt #: 0000000 Exemption Address: 1012 NE 3RD AVE Full: County Government: TOTAL: $0 Sales Information Sal~O~t!! Book Jul-2002 13955 Jan-1974 02370 Page 435 0177 E'd.c.!! Instrument Owner o TO PALM BEACH COUNTY 22500 WD http://www.co.palm-beach.fl.us/papalmainJdetail jnfo.asp?p _ entity= 12434609280080030 12/5/2002 Palm Beach County Property Appraiser Property Search System Page 1 of2 (j; Gary R. Nlkollts, CFA Palm Beach County Appraiser Public Access System Property Information Location Address: 802 SW 3RD ST Municipality: CITY OF DELRAY BEACH Parcel Control Number: 12-43-46-17-43-000-0010 Subdivision: SID OF 17-46-43, N 1/2 OF SE 1/4 OF SE 1 Official Records Book: 12310 Page: 48 Sale Date: Feb-2001 Legal Description: SUB OF N 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4/UNREC/ LOT 1 -Owner Infonnation Name: PALM BEACH COUNTY Mailing Address: 3323 BELVEDERE RD BLDG 503 WEST PALM BEACH FL 334061548 IAn Ow.......l 2002 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $0 Number of 0 I StructuraL I Units: $10,560 Total Sq. Ft: I Exn... I $10,560 Acres: .00 I Land". I 0000 Description: VACANT 2002 Certified Tax Ad Valorem: Non ad valorem: Total: $16.20 $0.00 I Detatl... I 2002 Certified Assessed & Taxable Values Assessed Value: $10,560.00 Exemption amount: $10,560 Taxable: $0.00 2002 Exemption Homestead Receipt #: 0000000 Exemption Address: 802 SW 3RD ST Full: County GDvernment: TOTAL: $0 Sales Information Sales Date {:lQok Page Feb-2001 12310 48 f>Tic!! Instrument QW.Il!!I o TO PALM BEACH COUNTY http://www.co.palm-beach.fl.uslpapa/mainldetail_info.asp?p _ entity=124346174300000 1 0 12/5/2002 Palm Beach County Property Appraiser Property Search System Page I of2 S e:f ~ '-"-' y jh 5"-t C~ e-9J'.-.o:c '~ fb S'1!-~.q..v.-<-.s ,-> . k. ___fc.,..., .V'-~ 'i ~ of CD Gary R. Nlkollts, CFA Palm Beach County Appraiser Public Access System Property Infonnation Location Address: SW 4TH AVE Municipality: CITY OF DELRAY BEACH Parcel Control Number: 12-43-46-20-10-000-0190 Subdivision: SUNDY & TEN BROOK ADD TO DELRAY IN Official Records Book: 13452 Page: 745 Sale Date: Fet>-2002 Legal Description: SUNDY & TENBROOKADD TO DELRAYLT 19 ~Owner Infonnation Name: PALM BEACH COUNTY Mailing Address: 3323 BELVEDERE RP BLDG 503 WEST PALM BEACH FL 334061548 (All 0-..-...1 2002 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $0 Number of 0 I struc1urat...1 Units: $5,280 Total Sq. Ft: I Extr.... I $5,280 Acres: .00 I Land... I 0000 Description: VACANT 2002 Certified Tax Ad Valorem: Non ad valorem: Total: $16.20 $0.00 I Detail... I 2002 Certified Assessed & Taxable Values Assessed Value: $5,280.00 Exemption amount: $5,280 Taxable: $0.00 2002 Exemption Homestead Receipt #: 0000000 Exemption Address: SW 4TH AVE Full: County Government: TOTAL: $0 Sales Information SalesD;!,t!! Book P@~ Feb-2002 13452 745 Pric!! Instrument Q.wO!!.f o TO PALM BEACH COUNTY http://www.co.palm-beach.fl.uslpapalmain/detail_info.asp?p _ entity= I 2434620 100000190 12/5/2002 Palm Beach County Property Appraiser Property Search System Page 1 of2 @ Gary R. Nlkollts, CFA Palm Beach County Appraiser Public Access System Property Infonnation Location Address: 15549 SW 9TH AVE Municipality: CITY OF DELRAY BEACH Parcel Control Number: 12-43-46-20-18-000-0122 Subdivision: ESQUIRE SUB IN Official Records Book: 13878 Page: 1379 Sale Date: Jun-2002 Legal Description: ESQUIRE SUB S 80 FT OF E 150 FTOF LT 12 Owner Infonnation Name: PALM BEACH COUNTY Mailing Address: 3323 BELVEDERE RD BLDG 503 VIlEST PALM BEACH FL 334061548 !An ow.-s..1 2002 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $0 Number of I StructuraL I Units: 0 $6,600 Total Sq. Ft: I Extra... I $6,600 Acres: .00 I Land... I 0000 Description: VACANT 2002 Certified Tax Ad Valorem: Non ad valorem: Total: $16.20 $0.00 I 0_1t... I 2002 Certified Assessed & Taxable Values Assessed Value: $6,600.00 Exemption amount: $6,600 Taxable: $0.00 2002 Exemption Homestead Receipt #: 0000000 Exemption Address: 15549 SW 9TH AVE Full: County Government: TOTAL: $0 Sales Information $J!~s Date Book Jun-2002 13878 Au -1983 04108 Page 1379 1013 Price Imlj!J!ment Qyvner o m PALM BEACH COUNTY 15000 WD http://www.co.palm-beach.fl.uslpapa/mainldetail_info.asp?p _ entity= 12434620 180000122 12/5/2002 Palm Beach County Property Appraiser Property Search System Page I of2 Gary R. Nlkollts. CFA Palm Beach County Appraiser Public Access System ~ (5"/ Property Information Location Address: SW7TH AVE Municipality: CITY OF DELRAY BEACH Parcel Control Number: 12-43-46-20-20-004-0022 Subdivision: RIDGEWOOP HEIGHTS Official Records Book: 12309 Page: 1936 Sale Date: Feb-2001 Legal Description: RIDGEWOOD HEIGHTS DELRAY E41 FT OF LT 2 BLK D Owner Information Name: PALM BEACH COUNTY Mailing Address: 3323 BELVEDERE RD BLDG 503 \IllEST PALM BEACH FL 334061548 IAn 0..........1 2002 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $0 Number of 0 I structu"'I...1 Units: $2,640 Total Sq, Ft: I Exlno... 1 $2,640 Acres: .05 I Land... 1 0000 Description: VACANT 2002 Certified Tax Ad Valorem: Non ad valorem: Total: $5.40 $0.00 I Detail... 1 2002 Certified Assessed & Taxable Values Assessed Value: $2,640.00 Exemption amount: $2,640 Taxable: $0.00 2002 Exemption Homestead Receipt #: 0000000 Exemption Address: SW 7TH AVE Full: County Government: TOTAL: $0 [Sales Information SalesJlllte !;look Feb-2001 12309 Jun-1988 05698 Oct-1987 05481 pj!~ 1936 0850 0430 PJ:tc:~ Instry.!!t4i!nt OW.ner o TO PALM BEACH COUNTY 30000 WD 25000 WD http://www.co.palm-beach.t1.us/papalmain/detail ~info.asp?p _ entity= 12434620200040022 12/5/2002 Palm Beach County Property Appraiser Property Search System Page 1 of2 Gary R. Nlkollts, CFA Palm Beach County Appraiser Public Access System ~-:Y Property Information Location Address: S FEDERAL HWY Municipality: CITY OF DELRAY BEACH Parcel Control Number: 12-43-46-21-09-001-0320 Subdivision: MODEL LAND CO SUB OF W 112 Official Records Book: 12667 Page: 1272 Sale Date: Jun-2001 21-46-43 MODEL LAND CO SUB OFWll2SLY 29.43 FTOF LT 10 BLK 1 Legal Description: L YG N OF & ADJ TO PB79P50 & L YGBET US HWY # 1 & DELRAY HARBOR CLUB COND Owner Information Name: PALM BEACH COUNTY Mailing Address: 3323 BELVEDERE RD # 503 \IllEST PALM BEACH FL 334061548 \An OWMB..I 2002 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $0 Number of 0 I Structural... I Units: $6 Total Sq. Ft: I Exn... I $6 Acres: .01 I Land... I 9400 Description: RfN- BUFFER 2002 Certified Tax Ad Valorem: Non ad valorem: Total: $1.08 $0.00 I Detail... I 2002 Certified Assessed & Taxable Values Assessed Value: $6.00 Exemption amount: $6 Taxable: $0.00 2002 Exemption Homestead Receipt #: 0000000 Exemption Address: S FEDERAL HWY Full: County Government: TOTAL: $0 rsales Information Sales Date Book Jun-2001 12667 e~ 1272 e!:lc:~ Instrume!1t Owner o TO PALM BEACH COUNTY http://www.co.palm-beach.t1.uslpapa/mainldetail jnfo.asp?p _ entity= 12434621 0900 1 0320 12/5/2002 MR201I01 By number Position to Type options, 1=Se1ect 5 Opt Customer 29 '7 C 29 '7 C 29 29 B 29 29 B 29 29 Z 29 29 Z 29 F3=Exit F13= City of Delray Beach Florida Customer Type Balance Customer ID . , . : PALM BEACH COUNTY Customer type code: CE Code Enforcement 291 Balance Current Pending Previous Deposit . Amount 7,158,14 ,00 7,024,14 ,00 F12=Cancel Enter for detail information 'PA ~6 f.., t:f; i jJUIS4A.)~1.E A B4 7E I'll f:"N T e(s) 1/16/03 16:32:56 Loan Number + MR201I01 By' number PO.sition to Type options, l=Select 5 Opt Customer 29 7 C 29 '7 C 29 29 B 29 29 B 29 29 Z 29 29 Z 29 F3=Exit F13= City of Delray Beach Florida Customer Type Balance Customer ID . . . : PALM BEACH COUNTY Customer type code: UN Unsafe Housing 291 Balance Current Pending Previous Deposit . Amount 9,457.42 .00 9,457.42 .00 F12=Cancel Enter for detail infor.mation 'PA ~e~L il:. 1 De MOLl7'lbN e (s) 1/16/03 16:32:56 Loan Number + MR201I01 By name Po.sitian to. , Type options, l=Select 5 Opt Customer WOMACK, 7 WOMACK, WONDESIR B WONDESIR WONDRA, B WONDRA, Wang, An Wang, An WOOD, ER B WOOD, ER B WOOD, ER City of Delray Beach Florida Customer Type Balance Custamer ID . . . . V WOMACK, J E & KAY "<:ustamer type cade: Cade Enfarcement Balance Current Pending Previaus Depasit . F12=Cancel 378 B!'P.IlL....BEA-C.H CL..n:J't CE Amount 1,917.03 .00 1,917.03 ,00 Enter for detail infor.mation F3=Exit Fl3= 7Aec.cL r.;r 3 Nl-US"I-J(!.E. A~/li7e/YlE"'7 1/16/03 16:33:39 character{s) e(s) Loan Number 71 + MR201I01 By name Po€ition to . Type options, l=Select 5 Opt Customer FERNANDE 7 C FERNANDE FERNANDE Z FERNANDE FERNANDE B FERNANDE FERRAR, B FERRAR, FERRARA , Z FERRARA, FERRIS, F3=Exit F13= City of Delray Beach Florida I I I I Customer ID . . . : 3622 I~ FERNANDEZ &, DENI Z / P,./"M ,BE:I1c../I C'.x.n 7'( Customer type code: CE Code Enforcement Customer Type Balance Balance Current Pending Previous Deposit . Amount 921,75 .00 921.75 .00 F12=Cancel Enter for detail information 'PAecE:L t:l:: NUl SAUCE:. "\ A E3A TE .II? G/Il T 1/16/03 16:34:11 character(s) e (s) Loan Number + Planning & Zoning Department MEMORANDUM II; TO: FROM: DAVID HARDEN, CITY MANAGER V~~' PAUL D~R~I~ DIRECTOR OF PLANNING & ZONING RECEIVED JAN t 7 ?D03 CITY MANAGER DATE: JANUARY 17, 2003 RE: FLORIDA TELEPORT This request appears to be reasonable given the DEP permitting issues. I can relate, through past experiences to the DEP's practice of requesting additional information late in the permitting process. ~~ S:p&z/admin/letters&memos/PD Recommendation to Mr. Harden re Floridateleport FLORIDAteleport URGENT January 15, 2003 Mr. David Harden City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Request for extension of payment due per Cable Infrastructure License Agreement. Dear Mr. Harden, Before anything else, it is out sincerest hope that you and your family shared the recent holidays with joy and health. May this New Year likewise bring you continued health, happiness, and prosperity. This letter is to request your assistance regarding the matter of a payment, which is currently due the City per the License Agreement signed August 21, 2001. Specifically, Section 10 of the Agreement states the following: "FTI shall install Cable in City Infrastructure or the beach manholes by January 1, 2003. If FTI fails to do so, FTI shall make payment to the City in the amount of $50,000.00 which shall be due on January 1, 2003, and annually thereafter; provided, however, if the City determines, in its sole discretion, that FTI failed to install Cable in City Infrastructure or beach manholes by January 1, 2003 because of events beyond the control of FTI, the City, in its sole discretion, mayor may not extend the payment date". We had hoped to receive our Ocean Conduit and Cable Landing permits from the DEP this past December 2002. Unfortunately, concerns raised late in the permitting process by the Florida Department of State, Division of Historical Resources has significantly delayed the DEP'S ability to issue our permit. In order to ensure our project will not impact any uncharted sites of archeological significance, Florida Teleport reached an agreement with the State on December 16, 2002 to perform additional marine surveys of the offshore conduit entrance point and the entire cable corridor easement out to the 3-mile limit. This work is currently underway. After close deliberations with EDC (our permitting agent) and the DEP, we do not anticipate receiving our permit until May of this year. Without this permit, we are unable to proceed with construction of the Ocean Conduits and the Beach Manholes at Sandoway Park with development of the terrestrial route back to our building following shortly thereafter. Not knowing what issues may surface as a result of the archeological survey, or whether we will be asked to provide any additional data, we respectfully request your consideration in granting us a payment extension until August 1st 2003. In the event all remaining issues are satisfactorily resolved and we are allowed to commence work sooner than August 1st, payment will be made to the City per the terms and conditions of the Agreement. Please accept my apologies for not bringing this matter to your attention sooner as we should have made this request prior to January 1, 2003. 4800 N. Federal Hwy Suite A21 0-:- Boca Raton .:. FI 33431 -:- 561-338-0707 Ph -:- 561-338-0334 Fax FLORIDAteleport We remain grateful for your continued support and look forward to completing this difficult and time- consuming chapter of our project. Please do not hesitate to contact me should you have any questions whatsoever. In addition, I would be pleased to meet with you or any other City Representative to discuss our request further if you so desire. Sincerely, Dave Brache Chief Executive Officer Ip 4800 N. Federal Hwy Suite A21 0<0 Boca Raton <0 FI 33431 <0 561-338-0707 Ph <0 561-338-0334 Fax [ITY OF DELRAY BEA[H CITY ATTORNEY'S OFFICE b8.I:III rore 199] p.,::"''''',,-' ~7-j. ;A r:" f 5 !n~3 \.; . ';' [,.fir.. ' , .:...::~ 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278.4755 Wrlte(s Olrect Line: 561/243-7090 MEMORANDUM DATE: January 14, 2003 TO: David T, Harden, City Manager FROM: "t '/ L .' Terrill Pyburn, Assistant City Attorney SUBJECT: Second Revised Amended Security Ordinance Please find enclosed the second revised amended security ordinance, including changes made for further clarification as to which public facilities are designated as critical to security. If this meets with your approval, then please place it on the agenda for the January 21, 2003 City Commission Meeting and remove the previous amended security ordinance, Please let me know if you have any questions. Thank you. I?-f\ ORDINANCE NO. 1-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY AMENDING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR PRIVATE CONTRACTORS, VENDORS, AND REPAIR AND DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY PUBLICLY OPERATED FACILITIES, WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there are certain employment positions which are designated as critical to the security of the City; and WHEREAS, the City Commission has detennined it to be in the public's best interest to subject contractors, vendors and repair and delivery personnel who have access to facilities critical to security to fingerprinting and background checks in order to ensure safety and security in accordance with Section 166.0442, Fla. Stat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances of the City of Delray Beach, is hereby amended by amending Section 35.056, "Designation of Personnel as Critical to Security" to read as follows: Section 35.056 DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY, (A) All departments designated herein as critical to security shall require that any person applying for, lIPpointed to. contracted by or continuing employment in, any such department or in any such facility which is decided to be critical to security shall be fingerprinted in accordance with Section 166.0442 Fla. Stat. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the City to detennine an applicant's eligibility for employment or appointment and may determine the employee's eligibility for continued employment. Refusal to submit to fingerprinting and background checks may result in discipline up to and including termination of already existing employees or a decision not to hire new applicants. (1) Employees. applicants. contractors. vendors and rc;pair and deliveJ;y personnel who enter into frem the following divisions and departments, Me hereby designated as critical to security~ afta tbtl3 all 1tfi13lieAftt3 aRB enlph~J eetl ef cl1e f8118~-=~ aCl'a!t>.ucato aaa c:Ifi i.iaas shall be subjected to fingerprinting and background checks: (a) Police (b) Management Information Systems (c) Fire-Rescue (i) Exemptions: Fire Fighters, Fire Fighter Candidates, and Paramedics shall be governed by applicable fingerprint requirements as established by chapters 401 and 633 of the Florida Statutes and/or other administrative rules attendant thereto; and with respect to new applicants, they may be subjected to administrative background investigations in addition to county, state and national criminal history checks which are now or may be established in the future by the Fire-Rescue Department. 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. 2 ORD. NO. 1-03 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2003. MAYOR A TIEST City Clerk First Reading Second Reading 3 ORD. NO. 1-03 . FDLE /;1.p. U1 ~ 1./ Florida Department of Law Enforcement CrimInal Juallca Information Services Post Office BOx 1489 Tallahassee, Florida 32302-1489 www.fdle.state.f1.us James T. "Tim' Moora Commissioner December 17, 2002 RFCEIVED DEe 2 0 2002 ell''' j;'IAf>lAGER City of Delray Beach ATTN: David T, Harden Manager 100 Northwest 1st Avenue Delray Beach, FL 33444-2698 Dear Mr. Harden: We are writing to lei you know about a new law that win allow local governments to obtain national criminal history information based on local ordinances. In accordance with ss. 125.5801 or 166.0442, F,S. (passed as SB 954), the Florida Department of Law Enforcement (FDLE) User Services Bureau (USB) offers local governments access to state and national criminal history information for employeelvendor screening. This permits counties and municipalities to require, by ordinance, state and national background checks for the following: a) Prospective and continued employment screening for positions critical to security or public safety; and b) "Employment" screening for private contractors, vendors, repair persons, and delivery persons who have access to public facilities/publicly-operated facilities that is critical to security of public safety. Screening requires finaerprint-based state and national criminal history checks~ough FDLE and the FBI. This means that each person you are screening must have his or her fingerprints rolled on a hard copy fingerprint card or on an approved live scan device. There is a $39.00 fee for each submission ($15,00 for the state processing and $24.00 national). The local ordinance must reference "fingerprints" and the text must specifically refer to ss. 125.5801 (for county ordinances) or 166.0442 (for city ordinances), F,S" in order to qualify for access to FBI criminal history information. The dissemination of FBI criminal history information may not be issued to private entities under this statutory provision. Committed to Service . Integrity . Respect . Quality RECEIVEO DEe 2 6 2002 CITY ATTORNEY Mr, David T, Harden Page 2 December 17,2002 - After a local ordinance is passed, the local authority must request an account with FDLE to submit requests for fingerprint-based state and national criminal history checks. The USB, Applicant Section, will work with the requesting authority to: a) Secure approval of the language of the new ordinance along with a new ORI number from the FBI; b) Set up a billing accountfor these requests; and c) Establish a method of submission of requests. In order to establish an account or if you have any questions regarding this new mechanism for national criminal history record checks, please contact the Government Analysts Barbara Williams at (850) 410-8161 or Cynthia McGollie at (850) 410-8681. Sincerely, James T. Moore, Commissioner Florida Department of Law Enforcement ~a;;:{J~ IV~ ;:?f6 Martha Wright, Chief User Services Bureau MW/cm statutes->View Statutes->2002->Ch0166->Section 0442: flsenate,gov Page 1 of1 fJsenate.gov View Statutes Select Year: 12002 .:d Search Statutes Constitution InformlUOI ~ LDbbyist COlter JIllllI1IIIII:J'nformltlon Laws of Florida Order Wllcoml SllISlon CO"-""Itlee. Slnale,. ~ The 2002 Florida Statutes Title XII ChaDter 166 View Entire ChaDter MUNICIPAUTIES MUNICIPAUTIES 166.0442 Criminal history record checks for certain municipal employees and appolntees,--Notwlthstanding chapter 43S, a municipality may require, by ordinance, employment screening for any position of munldpal employment or appointment which the governing body of the municipality finds is critical to security or pUblic safety, or for any private contractor, employee of a private contractor, vendor, repair person, or delivery person who has access to any public facility or publicly operated facility that the governing body of the municipality finds is critical to security or pUblic safety. The ordinance must require each person applying for, or continuing employment in, any such position or having access to any such facility to be fingerprinted. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history rec6rd check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the munldpallty to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment. This section Is not intended to preempt or prevent any other baCkground screening, including, but not limited to, criminal history background checks, that a municipality may lawfully undertake. History.--s. 2, ch. 2002-169. Welcome. Session . Committees. Senators . Information Center. Statutes and Constitution . Lobbvlst Information Disclaimer: The Information on this system Is unverified. The Journals, or prtnted bills of the respective chambers should be consulted for offlClalpurposes. Copyrtght Q2000-2002 State of Ftortda. Contact us. Prlvacv ~tatl!!!ml!nt http://www.flsenate.gov/Statuteslindex.cfm?App_mode=DisP1ay _Statute&Search _String=... 12/31/2002 MEMORANDUM SUBJECT: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER~ AGENDA ITEM # ( jjj - REGULAR MEETING OF JANUARY 21. 2003 ORDINANCE NO, 2-03 (AMENDING CHAPTER 34:) TO: FROM: DATE: JANUARY 17,2003 This ordinance is before Commission for first reading to amend Chapter 34, "Elections", Section 34.03, "Notice of Elections", of the City Code of Ordinances. Because of the percentage of Hispanic residents in Pahn Beach County as a whole, Federal law requires that all election advertisements be published in both English and Spanish. This is required even though the City of Delray Beach has far less than the percentage of Hispanic residents which triggers the dual advertising requirement. This proposed amendment to the City Code will help hold down our advertising costs by removing the requirement to list all the polling place locations in the election proclamation. I believe this is an archaic requirement, left over from the days when the City ran its own elections and established its own polling places. Today, all our polling places are the same as for other elections, and the locations are printed on every voter registration card. We would still post the locations conspicuously in City Hall. The amendment will also harmonize our advertising requirements with state law. Under our present code, we would have to do double advertising for special elections in order to satisfy both the Code and the Statutes. Recommend approval of Ordinance No. 2-03 on first reading. S:\City Clerk\cheveUe folder\agenda memos\Ord.2-03.01.21.03 [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~ ;iW ~ECEIVED JA.N 1 3 2003 CITY MANAGER 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278.4755 Write(s Direct Une: 561/243-7091 MEMORANDUM 19~3 DATE: January 13, 2003 TO: David Harden, City Manager FROM: Susan A Ruby, City Attorney SUBJECT: Ordinance Amendina Section 34,03 of Chapter 34 - Elections Please review the first draft of the above-referenced ordinance. Also attached, please find information compiled by the City Clerk's office for your information. By copy of this memorandum and ordinance to Barbara Garito, City Clerk, I am requesting that you both review this ordinance and forward your comments to me. Attachments Cc: Barbara Garito, City Clerk I~~ O/( ~ [IDrn&~~ ORDINANCE NO, 2-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", HEADING, "GENERAL CONDITIONS", OF THE CODE OF ORDINANCES, BY AMENDING 34.03, "NOTICE OF ELECTIONS", TO PROVIDE FOR PUBLISHING OF NOTICES IN ACCORDANCE WITH LAW, FOR ADDITIONAL NOTICES AND FOR POSTING OF CERTAIN NOTICES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 34, "Elections", of the Code of Ordinances is hereby amended by amending Section 34,03, "Notice of Elections", to read as follows: Section 34.3 NOTICE OF ELECTIONS. (A) The Mayor (or Vice-Mayor) shall by proclamation give notice of all elections and cause the proclamations to be published in a locally distriolltsa nS"'iSl3al3sr as follows: as follows: (1) For the first nonpartisan election, once each week in the two weeks preceding the election, (2) For the second nonpartisan election, if necessary, once in the week preceding the election. (3) For all special elections, snGS saGn wssk in the t>v\'e weeks I3r-eGeaiAg tne week of tnB special eleetien. notice shall be aiven as reouired by law. (B) The proclamation shall contain the following: (1) The date of the election, (2) The purpose of the election. (J) Tne I3r-eGinet nIlFROSF6 and the aaarassss of the l3elling I3laGes te De Ilsea. 1 [IDrnill~V t41ill The hours during which voting shall take place. ~!1} Who can vote in the election. ('80 Code, Sec. 2-21) (5) Other information as may be reauired by law. (C) Additional Postina Reauired: In addition. the City Clerk shall post in a conspicuous place in City Hall. a list of the precinct numbers and addresses of the pollina places to be used, chanaes to any pollina place. and the proclamation set forth above. 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. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2003. MAYOR ATTEST: CITY CLERK First Reading Second Reading Typed: 1/13103/ci 2 City Clerk's Of ice Memo To: Susan Ruby, City Attorney Barbara Garito, City Clerk 4- ' Loretta McGhee, Deputy City Clerk Thru: From: Subject: Election Advertising - Other Municipalities Date: January 6, 2003 We have been asked by the City Manager to take a look at other municipalities to see how they are handling their election advertising based on the new requirement of advertising everything that has to do with the election in both English and Spanish. We are looking for ways to comply, yet keep our legal advertising cost down. We currently advertise: 1. Notice of Election Ad a, Book Closing, Election Date, Officers b. Qualifying Period and Requirement c, L&Atests d, Absentee Ballot 2. Sample Ballot 3. Polling location changes, if any 4, Code currently requires a proclamation (with precincts and voting locations) Other municipalities advertise: 1. Notice of Election Ad 2, Code calls for resolution or proclamation a, Boynton Beach has a 5 page proclamation b, City of Greenacres c. Town of Palm Shores a 1 page proclamation d, Village of Palm Springs 3 page resolution e. West Palm Beach 6.line Public Notice 3, Sample Ballot 4. Polling location changes, if any Please find copies of our Notice of Election legal ad and Proclamation. Also find samples for Boynton Beach, Greenacres, the Town of Palm Shores, Village of Palm Springs and West Palm Beach for your convenience. RECEIVED JAM 0 7 2002 CITY ATTORNEY , . CI1Y OF DET RAY BEACH NOTICE OF FJ FCTIONS NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, will hold its First Non-Partisan Election on Tuesday, March 11, 2003 (with a Run-Off Election on Tuesday, March 25,2003, if necessary). The purpose of the First Non-Partisan is to elect the Mayor and two (2) City Commissioners, each for a two-year term that will commence on Thursday, March 27, 2003. The official candidate qualifying period begins at noon, Tuesday, January 28, 2003, until noon, Tuesday, February 11, 2003. Any person seeking to qualify as a candidate must have been a resident of the City of Delray Beach, Florida, who became an elector of the City on or before September 1, 2002. The Palm Beach County Supervisor of Elections will close the voter registration books February 10, 2003 at 5:00 p.m. for the March 11, 2003 Election. To obtain an absentee ballot or to request the date when in-person absentee voting commences, contact the Palm Beach County Supervisor of Elections by calling 276-1226 (Delray Beach) or 561-656-6200 (West Palm Beach). Photo ill must be submitted at the time of voting. Logic and Accuracy Test will be held at 240 South Military Trail, at the Supervisor of Elections office in West Palm Beach, on Monday, March 3, 2003 at 10:00 a.m. CI1Y OF DELRA Y BEACH, FLORIDA Barbara Garito, CMC City Clerk PUBLISH: Boca Raton/Delray Beach News January 9 and 16,2003 . , CI1Y OF DET.R A Y BEACH NOTICE OF FT FCTlONS NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, will hold its First Non-Partisan Election on Tuesday, March 11, 2003 (with a Run-Off Election on Tuesday, March 25, 2003, if necessary). The purpose of the First Non-Partisan is to elect the Mayor and two (2) City Commissioners, each for a two-year term that will commence on Thursday, March 27, 2003. The official candidate qua1ifying period begins at noon, Tuesday, January 28, 2003, until noon, Tuesday, February 11, 2003. Any person seeking to qualify as a candidate must have been a resident of the City of Delray Beach, Florida, who became an elector of the City on or before September 1, 2002. The Palm Beach County Supervisor of Elections will close the voter registration books February 10, 2003 at 5:00 p.m. for the March 11, 2003 Election. To obtain an absentee ballot or to request the date when in-person absentee voting commences, contact the Palm Beach County Supervisor of Elections by calling 276-1226 (Delray Beach) or 561-656-6200 (West Palm Beach). Photo ill must be submitted at the time of voting. Logic and Accuracy Test will be held at 240 South Military Trail, at the Supervisor of Elections office in West Palm Beach, on Monday, March 3, 2003 at 10:00 a.m. CI1Y OF DELRA Y BEACH, FLORIDA Barbara Garito, CMC City Clerk PUBLISH: El Latino Sernanal January 10 and 17,2003 .. , "~_~_'~""____b~_"__ r for th. _ of electing oflicen of th. City CommisIioD; and WHEREAS. pursuant to uid Owter pmriaioau, the (.........-1..;00 deems it necessary to call for the Fint Nonpartisan on th. ,ec:ODd T....day of Much each yeor, and WHEREAS, punooDt to nUl Charter it is deemed that the Fint Nonpartisan be held " Ibis tim.. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City ofDelrayBeoch, FIotida, on hehaIf ofth. City (~;'-'<>n, dohezeby all for th. FintNonputinn andSpecia1 EJ.ctioo to be held on T.......,., Mon:h U. 2003, be_ the bo_ of 7:00 ...... ODd 7:00 p.m~ with III th. pzecincto andpellingplaceo in th. City ofDelray Ileoch, u deoigDated by the Supenioor ofElec:tiooo for Palm Beach County, being.. followo: P-ituot No PftJH.... Place U" O~4'I" fl,tE- All quaIi6ed electon of th. City ofDelray Beoch, Florida, ohIIl be quaIi6ed to vote in ,uch election. ,,~o If I/Jtt IN WITNESS WHEREOF,I hove hemmto set my hand and eaused th. 0fIiciaI Seal of th. City ofDelray ~ Beach, FIotida, to be offized this 7" d>., "rj~_"lOW. -t)/,/o.3 w.~' II' Need to have procIamatioo aJll>1'tWed at 2/18/03 o....-;..ioo mee1i1Ig aDd advenioe. WedDcoday, Febnwy 26'" aDd Wod-.cllay, Maa:h 5* ia lbe Palm Beach Poal, Neipbodaood Faal, South Zoae. 4012 4014 4016 4018 4048 4050 4052 4054 4056 4058 4060 4062 4064 4066 4068 4070 4072 4076 4080 4082 4084 4166 5062 7142 7144 7146 7148 7150 7152 7154 7156 7158 7160 7162 7164 7166 7168 7170 7172 7174 7176 7178 Banyan CteeIt Elcmooeary School, 4243 Sabat Lokco Rood Pin.. ofDelray N CJubhouse, 1641 NW Ism Avooue Banyan CteeIt EIcmeoeary School, 4243 Sabat Lokco Rood Delray Adult Rec:realioo Ceoter, 802 NE I. Street Delray Adult Rec:realioo Ceoter, 802 NE I. Street Countey Manon Cubhouse, 4900 Countey Manon Blvd. Lokeriew Bap..t Church, 2599 N Swinton Aveou. Labview Baptist Church, 2599 N Swinton Avenue W..t Pork Church, 4004 Lake Ida Rood Delray Beach Golf Qub, 2200 HisbJand Avooue 505 Cub, 505 SE 5~ Avooue Emmmuel C,tholic Church, 15700 S Milieary TniI Ordwd View EIcmeoeary School, 4050 Old Getmontown Rood Pin.. of Delny But, 2451 BIadt Oliv. Blvd Pin.. ofDelray But, 2451 BIadt Olive Blvd 505 Cub, 505 SE 5. Aveoue Sun SeotinelAuditorium, 3333 S CotIpeu Avoou. Sun SeotinelAuditorium, 3333 S Congress Aveoue Lake Delray Aputmoo:s, 700 Lindell Blvd Boca-Delny Church of Christ, 620 Blu.bird Driv. 5L P,u1', Epiocopol Church, 188 S Swinton Avooue Abbey Delray South, 1717 Homewood Blvd Delray Beach Golf Cub, 2200 Highland Avoou. Church OfTh. PoIms, 1960 N Swinton Avooue Old School Square, 51 N Swinton Aveoue Lokeriew Bop..t Church, 2599 N Swinton Avoou. Church Of The Palms, 1960 N Swinton Avooue Temple Simi-Gazdeo Room. 2475 W Adaotic Aveoue W..t Pult Bop..t Church, 4004 Lake Ida Rood Pompey Pult Rec:realioo Ceoter, 1101 NW 2'" Street Old School Square, 51 N Swinton Avooue Old School Square, 51 N Swinton Avoouc DeIray Adult Rec:realioo Ceoter, 802 NE I. Street Tempi. Sinai-Gudeo Room, 2475 W Adaotic Aveoue Temple Sinai-Gudeo Room. 2475 W Adaotic Avooue Village Academy, 400 SW 12'" Aveoue DeIray Beach Community Ceoter, 50 NW I. Avooue Old School Square, 51 N Swinton Aveoue DeIray Adult Rec:realioo Ceoter, NE I. Street Temple Simi-Gazdeo Room. 2475 W Adaotic Aveoue 5t PouI's Epioc:opol Church, 188 S Swinton Aveoue Boca-Delray Church of ChDot, 620 Bluebird Drive "/S~:axn/Proc:imlllioa2lO3 CITY OF BOYNTON BEACH NOTICE OF ELECTION The City of Boynton Beach will hold a General Election on Tuesday, November 5, 2002, for the purpose of "IIIng the following otnces: Commissioner from District II Commissioner from DIstrict IV Two-Year Term Two-Year Term QUAUmNG DATE5 FOR CANDIDATES: 12:00 Noon on Thursday, August 22, 2002 through 12:00 Noon on Thursday, September 5, 2002. All interested persons should contact the City Clerk at City Hall, 100 East Boynton Beach Boulevard, for election material packets, "ling procedures, or other Information. (Telephone Number: (561) 742-6060) All requests for absentee ballots should be made to Theresa LePore, SupelVisor of Elections, Palm Beach County, 240 South Military Trail, West Palm Beach, FL 33416, Telephone No. (561) 656-6200. Janet M. Pralnlto, CMC City Clerk CITY OF BOYNTON BEACH Publish: THE PALH BEACH POST August 19, 2002 and August 26, 2002 c: City Manager City Attorney City Commission Flies ,.., S:\CC\W~2OO2\EI1Idkln AdI'CLECTION AD ~ 01 s.ctIon) (farrnIrtyELCCTAD).dac January 3, 2003 PROCLAMA TION I, Gerald Broenlng, Mayor of the Oty of Boynton Beach, Rorlda, do hereby proclaim that a General Election will be held In the Oty of Boynton Beach, Palm Beach County, florida, on the 5111 day of November, 2002 to election one Oty Commissioner for District n and one Oty Commission for DIstrict 'N to serve a two year tenn expiring In November 2004, A Spec/al Referendum Election will be held at the same time to vote YES or NO on the following Charter Amendments: Ordinance No. 02-36 ONE-YEAR RESIDENCY REQUIREMENT WITHIN DISTRICT FOR COMMISSION CANDIDATES PRIOR TO flUNG FOR DISTRICT OFFICE An Amendment to Oty Charter SectIon 17, Composition, Election, Tenns, Vacancies" This Charter does not currently require a candidate for a district commission seat to reside In the district from which he/she seeks election prior to election day. A "yes" vote to the proposed amendment would require that a candidate for a district commission seat reside In the district to which he/she seeks election one year prior to filing for office. Should SectIon 17 of the Charter be amended as proposed? Yes_ No_ Ordinance No. 02-037 DELETING CHARTER PROVISION THAT REQUIRES MAYOR TO EXECUTE ALL CITY CONTRACTS An Amendment to Oty Charter SectIon 21, ~Authorlty to Contract; Execution; Attestation and Seal" A vote of "yes" would approve deleting a portion of SectIon 21 of the Oty Charter which now requires that the Mayor sign all Oty contracts. If the reqUirement Is deleted, all contracts would be signed by the Oty Manager as the chief executive officer of the Oty. This amendment would not affect the current charter provision that requires Commission approval of contracts. Should SectIon 21 of the Charter be amended as proposed? Yes_ No_ 1 Ordinance No. 02-038 CLARIFICATION OF TIiE CITY MANAGER'S AUTHORITY TO APPOINT OR HIRE CITY EMPLOYEES. An Amendment to Oty Charter SectIon 49, "General Provisions" A vote of "yes" would approve an amendment to the Oty Charter which darltles that the Oty Manager, as chief executive officer of the Oty has the authority to hire, appoint, and discharge all City employees, with the need for Commission contlnnatlon. The only exception would be the appointment or discharge of AssIstant aty Managers, which appointment or discharge shall require Commission contlnnatlon. Should SectIon 49 of the Charter be amended as proposed? Yes_ No_ Ordinance No. 02-040 DELETE REQUIREMENT THAT MAYOR BID ON BEHALF OF CITY AT JUDICIAL SALES. An Amendment to Oty Charter SectIon 72.3, "Duties, Powers, Privileges of Mayor" The Charter currently requires that the Mayor bid on behalf of the Oty at judldal sales. A "yes" vote on the proposed amendment would eliminate this requirement that the Mayor bid for the Oty. Thereafter, the Oty Manager, the City Attomey, or their designees could bid on behalf of the City at judldal sales. Should SectIon 54 of the Charter be amended as proposed? Yes_ No_ Ordinance No. 02-042 REMOVE ESTABUSHMENT OF TIiE POSmON OF PERSONNEL DIRECTOR BY CITY CHARTER An Amendment to Oty Charter SectIon 72.3, "Personnel Director" The Charter currently provides that the personnel director Is a position appointed by the Commission, The duties of the personnel director which are set forth In the Charter are now primarily handled by the Human Resource Director, a position subject to appointment by the Oty Manager. A "yes" vote on this proposed amendment would remove obsolete language from the Charter and contlnn the authority of the Oty Manager to appoint a Human Resource Director to oversee the duties fonnerly assigned to the personnel director. Should SectIon 72.3 of the Charter be amended as Proposed? Yes_ No_ 2 OrdlnaRat No. 02-043 DELETE OBSOLETE OR PREEMPTED PROVISIONS OF CHARTER AND CONSOUDATE AND REORGANIZE/RENUMBER CHARTER PROVISIONS, The Charter currently contains provisions which are obsolete or which have been preempted by state law. Other sections of the Charter would be more easily understood If amended or consolidated with other sections dealing with the same subject. A "'yes" vote to the proposed amendment would delete obsolete provisions and consolidate and renumber other provisions. Should these SectIons of the Charter be amended or deleted as proposed? Yes_ No_ The voting hours are between 7:00 a.m, and 7:00 p,m. on said date, Polling places are hereby designated as follows: VOnNG LOCAnONS PREONCT 3098 FREEDOM SHORES ELEMENTARY SCHOOL 3400 HYPOLUXO ROAD PREONCT 3100 BOYNTON LAKES CLUBHOUSE 1 WESTMINSTER LANE PRECINCT 3102 BOYNTON LAKES CLUBHOUSE 1 WESTMINSTER LANE SANTALUCES HIGH SCHOOL 6880 LAWRENCE ROAD NAlTTlCA ClUBHOUSE 8000 BERMUDA SOUND WAY GOLDCOAST FOP LODGE #49 1200 MINER ROAD BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. 3 PREONCT 3122 PREONCT 3126 PREONCT 3128 PREONCT 3130 PREONCT 3140 PREONCT 3148 PRECINCT 3150 PRECINCT 3152 PRECINCT 3154 PREONCT 3160 PREONCT 3162 PREONCT 3164 PRECINCT 3168 PREONCT 3170 PREONCT 4006 PREONCT 4030 PREONCT 4034 PREONCT 4040 PRECINCT 7114 PRECINCT 7116 lEISUREVILLE #1 CLUBHOUSE 1007 OCEAN DRIVE LAKESIDE CHRISTIAN CHURCH 3560 OLD BOYNTON ROAD LElSUREVILLE #1 CLUBHOUSE 1007 OCEAN DRIVE LElSUREVILLE #3 CLUBHOUSE 2001 SW 13TH AVENUE TARA LAKES CLUBHOUSE 43 TARA LAKES DRIVE EAST BOYNTON BEACH LElSUREVILLE CLUBHOUSE 1807 SW 18TH STREET GOLFVIEW HARBOUR CLUBHOUSE 2775 SW 14TH STREET HUNTERS RUN CLUBHOUSE EASTGATEDRIVE ASCENSION LUTHERAN CHURCH 2929 S SEACREST BLVD HUNTERS RUN CLUBHOUSE EASTGATE DRIVE BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21ST AVENUE STERUNG VILLAGE AUDITORIUM 500 S FEDERAL HIGHWAY CHINESE CHRISTlAN CHAPEL 3314 OLD DIXIE HIGHWAY EZELL HESTER COMMUNITY CENTER 1901 NORTH SEACREST BLVD. VILLAGE ROYALE ON THE GREEN 2505 NE 2ND STREET 4 '''l:. PREONCT 7120 TEMPLE BETH KODESH 501 NE 26Tll AVENUE PREONCT 7122 BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21ST AVENUE PREONCT 7124 BOYNTON BEACH CONGREGATIONAL CHURCH 115 NORTH FEDERAL HIGHWAY BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21ST AVENUE PREONCT 7126 PREONCT 7128 BOYNTON BEACH CMC CENTER 128 E OCEAN AVENUE BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21ST AVENUE PREONCT 7130 PREONCT 7132 FIRST UNITED METHODIST CHURCH 101 NORTH SEACREST BLVD. HIGH POINT CLUBHOUSE III 230 SOUTH BLVD. PRECINCT 7134 PREONCT 8136 ASCENSION LUTHERAN CHURCH 2929 SOUTH SEACREST BLVD. PRECINCT 7138 ASCENSION LUTHERAN CHURCH 2929 SOUTH SEACREST BLVD. CITY OF BOYNTON BEACH GERALD BROENING, MAYOR ATTEST: JANET M. PRAINITO, CMC CITY CLERK (Corporate Seal) Jrnp S:\CC\WP\ElECTlON\November 2OO2\PR0C2002 - B1110t Quesllons II. Predncts.doc 5 .. hup \l,,"\\"'\A,- _ cyb~ri sta. coni/c) lati llo./ellatino4:onti rill .asp 1/3/1003 NOTICE OF MUNICIPAL. GENERAL ELECTION CITY OF G~Er=NACRES, FL.ORIDA The 2: )(13 Munidpo.il Gen.ra' &I.etion for the City of Gr"".cr"ev wj;' bo held en TUO~day. Mar.;.h 11. 2003, between the houri of .1;00 a.m. an(1 7:00 "./.In. for the purrl)':i~ of e'ecllng trtl;! f.;)lIOwCr'1Q pl.lb1tc u'lflciels: Ma~'Oi Twe ~~; ''ri. Ter;,-'! Must reside in Di:,;t,i<.;( 1.1l.1l1.IV,orV M...l....lcI. In Dislricll MU$I re'SidEl: In Oistri~t V Counc.jJ Ols:ricll Council District V Two (2) Yr. Term Two (2) 'fro Term Reglsler"d vOlers in Precincts 2102. 2106, 2128, 21~O. 21~6. 2146. 21&2. 2154, 2156, 211:;01, :tlS6, :;:'7:.1, 2174. .~ ~070 .... quallfred I., VOle in this election. Ca"l(Jjd..l~S mus~ be . registered votor end ha\'B ......id..o ,... the Cily of Groen.cres for on. (1) CQl'JlInuous y.ar 10 ....k _elic" 10 the Offiee of May'or or City CouncP. T.... fllin" period opens promply "112:00 Noon. Tuesday, Januery 21. 20<13 and doa.. prompUy at 12:00 Noon, Tue.day. F."","rt 11. 2~. Palm Beach County Vol..r Regrslrlltion BOOks cleu on February 10, 2003 .t 5:00 p.m. Phot<> 10 must be. su~mirtecf at the ti!'ne of VOI;.,~ " /. L;j.~ub.;..(._. ';:(:: .:z:(:~_. 3Cr.'dr;.~'CM~:- ------- . Cit~. Ctrrk PUBlIS~i. el La!lli,,:;: .S("""i:I',a~ .Jenul,j''j" iO ari'j' :7, 2'003 .,' '-. NOTICE OF MUNICIPAL GENERAL ELECTION CITY OF GREENACRES, FLORIDA The 2003 Municipal General Election for the City of Greenacras will be held on Tuesday, March 11, 2003, between the hours of 7:00 a.m. and 7:00 p.m. for the purpose of elec:tIng the following public oIIicIals: Mayor Two (2) Yr. Term Must reelde In District I. II, III, IV, or V Council District I Two (2) Yr. Term Must reeide In District I Council District V Two (2) Yr. Term Must reeide In District V Registered voters In Precincts 2102, 2106, 2128, 2130, 2138, 2146, 2152, 2154, 2156, 2162, 2166, 2172, 2174, and 3070... quallfled to vote in this election. Candidates must be a I1Illlstered voter and have reeided in the City of Greenacrea for one (1) continuous year to _k election to the Office of Mayor or City Council. The filing period opens promptly at 12:00 Noon, Tuesday, January 28. 2003 and closes promptly at 12:00 Noon, Tuesday, February ii, 2003. Palm Beach County Voter Registration Books close on February 10, 2003 at 5:00 p.m. Photo 10 must be submitted at the time of voting. Sondra K. Hill, CMC City Clerk PUBLISH: Lake Worth Herald/GreenaC1'8S Observer January 9 and 16, 2003 PROCLAMATION ELECTION NOTICE I, lHOMAS R. MILLS, MAYOR OF TIlE TOWN OF PALM SHORES, FLORIDA, PROCLAIM TIiAT ON MARCH 11, 2003, TIlE ELECTION OF TWO COMMISSIONERS FOR OUR TOWN WILL BE HELD IN TIlE MEETING ROOM OF OUR TOWN HALL. POLLS WILL BE OPEN FROM 7:00 A.M. UNTIL 7:00 P.M. CANDIDATES MAY QUALIFY NO EARLIER 1HAN 12:00 NOON ON TUESDAY, JANUARY 28,2003 AND NOT LATER 1HAN 12:00 NOON ON TUESDAY, FEBRUARY 11, 2003, WI1H TIlE TOWN CLERK AT TOWN HALL. TIlE LAST DATE FOR ANYONE WISHING TO REGISTER FOR TIlE ELECTION IS FEBRUARY 10, 2003. Thomas R. Mills, Mayor Carolyn J. Gangwer, Town Oerk Date ,- , NOTICE OF GENERAL VILLAGE ELECTION VILLAGE OF PALM SPRINGS, FLORIDA The Village of Palm Springs, Florida will hold its General Election on March 11, 2003 for the purpose of electing a Mayor at large and Council Members from Districts 1 and 3 for a term of two (2) years. Candidates for Council Member must reside in the district he/she wishes to represent. The electorate at large shall vote for each candidate. Candidate qualifying is from NOON January 28, 2003 to NOON February 11, 2003. Electors of precincts 2118, 2122, 2126, 3018, 3020, 3022, 3040, 3044, 3050, and 3052 are qualified to vote in the General Election. Voter registration book closing is February 10, 2003 for the General Election. The polls will be open from 7:00 a.m. to 7:00 p,m. If a Runoff Election is necessary, it will be held on March 25, 2003 utilizing the same times and precincts identified above. No person will be permitted to vote unless he or she is registered in Palm Beach County and residing in the Village of Palm Springs, Irene L. Burroughs, CMC Village Clerk Publish: Palm Beach Post January 7 and 14, 2003 RESOLUTION NO. 2003~1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA, ANNOUNCING THE QUALIFYING TIME FOR CANDIDATES FOR THE GENERAL ELECTION MARCH 11,2003; DESIGNATING VOTING LOCATIONS; APPOINTING THE CANVASSING BOARD; ASSIGNING THE SUPERVISOR OF ELECTIONS TO HANDLE THE ABSENTEE BALLOTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the terms of office for Mayor, Council Members for District 1 and District 3 will expire in 2003; and WHEREAS, the Village of Palm Springs has adopted the uniform election date for Palm Beach County which will be on March 11, 2003 and a run-off election if necessary on March 25, 2003; and WHEREAS, Section 18-2 of the Village Code of Ordinances provides that the Village Council shall designate the place for the conduct of the election; and WHEREAS, the Village Canvassing Board shall consist of the Council Members not currently up for re-election and the Village Clerk with an additional member, Supervisor of Elections Theresa lePore. WHEREAS, Section 101.5612 of the Florida State Statutes provides that the canvassing board shall certify to the accuracy of the tabulating eqUipment; and WHEREAS, Section 101.5614 of the Florida State Statutes provides for the canvassing of retums; and WHEREAS, Chapter 101 of the Florida Statutes provides for the handling of absentee ballots; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA: Resolution No. 1003-01 Section 1. Any person who has continuously been a resident of the Village of Palm Springs for one year proceeding the date of qualification and who has qualified as an elector in Palm Beach County shall be eligible to hold the office of Mayor or Village Council Member. A Council Member must reside within the district they seek to represent. ,ectlon 2. Candidates must file written notice with the Village Clerk at Village Hall, 226 Cypress Lane, Palm Springs, Florida during regular office hours. Qualifying (filing) will open at NOON on Tuesday, January 28, 2003 and close at NOON on Tuesday, February 11, 2003. Section 3. Precincts for the municipal election will be the same as those designated by the County. The location for Precincts 2126, 3020 and 3022 will be announced. Precinct 3052 will vote at the Palm Springs Library. Section 4. The Village Canvassing Board will consist of Joni Brinkman, Patti Waller, Irene Burroughs and Supervisor of Elections Theresa LePore. Section 5. The logic and accuracy testing of voting equipment will be at the Supervisor of Elections Facility in West Palm Beach on Monday, March 3, 2003 at 10:00 a.m. and Monday, March 17, 2003 at 10:00 a.m. should a run-off election be necessary. Theresa LePore will represent the Village canvassing board at the testing. Section 6. The Theresa LePore, Supervisor of Elections is designated to distribute, canvass and certify absentee ballots for the municipal election. Section 7. Theresa LePore, Supervisor of Elections will represent the Village canvassing board for the canvassing of all ballots. 2 Resolution No. 1003-01 SectIon 8. This Resolution shall take effect immediately upon adoption. Council Member offered the foregoing resolution. Council Member seconded the motion, and upon being put to a vote, the vote was as follows: Ave Nav Absent JOHN M. DAVIS, MAYOR 0 0 0 PATTI WALLER, VICE MAYOR 0 0 0 BEV SMITH MAYOR PRO TEM 0 0 0 CHESTER D. OSBORNE, COUNCIL MEMBER 0 0 0 JON I BRINKMAN, COUNCIL MEMBER 0 0 0 The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of January 2003. VILLAGE OF PALM SPRINGS, FLORIDA BY: JOHN M. "MIKE" DAVIS, MAYOR ATTEST: IRENE L. BURROUGHS, VILLAGE CLERK REVIEWED FOR FORM AND LEGAL SUFFICIENCY BY: PAUL J. NICOLETTI, VILLAGE ATTORNEY 3 PUBLIC NOTICE ) Tbe City of West Palm Beacb wIU bold its GeneDI Election on Marcb 11, 2003 for tbe OfDce of Mayor and two Commission seats, one in District 2 and one in District 4. FlUng opens January 28, 2003 at noon and closes on February 11, 2003 at noon. )