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Agenda Special 03-23-00 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL MEETING - MARCH 23, 2000 - 5:00 P.M. CITY MANAGER'S CONFERENCE ROOM The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal 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) or 243-7199 (TDD), 24 hours prior to the program or activity m order for the City to reasonably accommodate your request. Adaptive listemg devices are available for meetings in the Commission Chambers. (1) (2) Consider a salvage agreement. Commission comments. A GE)~DA Please be advised that if a person derides to appeal any derision 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. ~RCH 23? 2000 A Special Meeting of the City Commission of the City of De[ray Beach, Florida, was called to order by Mayor Jay Alperin in the City Manager's Conference Room at City Hall at 5:07 p.m. on Thursday, March 23, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Bill Schwartz Mayor Jay A1perin Absent - None Also present were City Manager David T. Harden and City Attorney Susan A. Ruby. Mayor A1perin called the special meeting to order and announced that it had been called for the purpose of considering the following item: (1) (;onsider a Salvage Agreement: The City Manager stated that the Mayor, the City Attorney and he had met with a gentleman who believes that there are some items of value located on City property east of the Intracoastal Waterway. If in the process of recovery, material of significant archeological value is found, he will bring in an archeologist. The gentleman did a boring at a location on Tuesday (March 21s) and came up with enough so that he wants to go ahead and dig. This Exploration and Salvage Agreement would authorize him to do that. He would retain ten percent of the value of whatever he finds, and the City would receive 90 percent Upon question from Mr. Schmidt, the City Manager stated that he felt the cost for security would be minimal. He had discussed it with the Police Chief who would have one officer in the vicinity who would be directing traffic, and that would be it until we get to the point where we see if there is really anything of significant value there. We would probably just take somebody who is on duty and assign them there for two or three hours until we see whether we have anything or not. The gentleman believes he can get it out in one day. What he has located so far is at a depth of five or six feet. If he gets into that and there is more below it, it might take longer. M_ts. Archer moved to approve the Exploration and Salvage Agreement, with Exhibit "A" as explained by the City Manager. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. (2) Commission comm~n~s. There were no Commission comments. 5:15 p.m. There being no further business, the meeting was adjourned by Mayor Alperin at City ~le~ MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the City Commission special meeting held oj~ March 23, 2000, which minutes were formally approved and adopted by the City Commission on ~t? Z q~ o~t:x~ ' Cit~ ~l-et~ r 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. EXPLORATION & SALVAGE AGREEMENT THIS EXPLORATION AND SALVAGE AGREEMENT made and entered into as of the __ day of political subdivision ("Explorer"). of the ,2000, by and between the CITY OF DELRAY BEACH, a State of Florida, ("City") and WITNESSETH: WHEREAS, City is the owner of certain real property described in Exhibit "A" attached hereto and made a part hereof (the "Real Property'); and WHEREAS, Explorer has reason to believe that there may exist certain abandoned property of significant monetary, historical and archaeological value upon the Real Property, including but not limited to, artifacts, relics and treasure trove ("Abandoned Property"); and WHEREAS, Explorer has requested authorization from City to enter upon the Real Property for purposes of locating, identifying and salvaging said Abandoned Property; and WHEREAS, City has agreed to authorize Explorer to enter upon the Real Property to locate, identify and salvage said Abandoned Property upon the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the sum of Ten and 00/100 Dollars and the further mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Explorer is hereby granted the right to enter upon the Real Property for purposes of locating, identifying and salvaging the Abandoned Property, if any. This right granted to Explorer shall be for a period of six (6) months, unless sooner terminated as provided herein. 2. Explorer shall not enter upon the Real Property for any reason unless accompanied by a representative of the City. The City Manager or his designee(s) shall accompany Explorer during all such entries upon the Real Property and the City Manager or his designee(s) shall have full and complete authority to administer the terms of this Agreement. Ensuring compliance with the terms and conditions of this Agreement shall not be deemed interference with Explorer's operations. 3. All explorations for and salv,age of any Abandoned Property shall be conducted at Explorers sole cost and expense. Explorer shall provide at his cost and expense all perso~mel and equipment necessary to conduct said operations. No salvage operations shall be conducted by Explorer nor shall any tangible or intangible property be removed from the Real Property until the proposed method of salvage has been reviewed and approved by the City Manager or his designee(s). 4. Explorer agrees to comply with all laws, rules and regulations of the State of Florida, County and other applicable govermnental entities and regulatory authorities with respect to the conduct of exploration and salvage operations generally, including without limitation dredge and fill activities. City reserves the right, to be exercised in its sole discretion, to have representatives of such regulatory govermnental entities m~d authorities as City deems advisable present during the conduct of any exploration or salvage activities of Explorer on the Real Property. Explorer shall timely obtain all permits required to conduct the exploration or salvage operations upon the Real Property. 5. Explorer agrees to extend all reasonable cooperation to City and to allow City to participate in Explorer's operations upon ~he Real Property, including the preparation of maps, surveys, archeological studies and site studies, and shall provide City access to and permit inspection of all equipment, objects, data, logs, records and materials relating to Explorer's operations. 6. which will Explorer agrees to conduct explorations and salvage operations in a manner ensure maximum preservation and protection of historic and prehistoric archaeological sites and materials, by using means that will not destroy or permanently adversely affect such sites or materials. Upon cessation of exploration and salvage operations, Explorer shall restore the Real Property to the condition same was in prior to commencement of such operations. 7. City reserves the right to require Explorer to temporarily discontinue salvage operations should City determine that archaeological condition or artifacts discovered or uncovered during salvage operations are of sufficient archaeological, scientific, historical or prehistorical significance to the public to warrant special handling or protection. Such interruption shall remain in effect until such reasonable time as City and Explorer shall determine proper salvage techniques and operational procedures for the affected items or area, or both, and Explorer is able to institute such techniques and procedures. 8. Explorer agrees to keep a detailed, complete and accurate log of the exploration and salvage activities conducted upon the Real Property including the areas searched, the results of any electronic or other surveys, the exact location of Abandoned Property discovered, the physical characteristics of the site where Abandoned Property is found or suspected and the nature, type, and identifying characteristics all Abandoned Property discovered. Explorer shall keep and maintain a duplicate original logbook, the pages of which shall be delivered to City on a weekly basis. The logs shall be updated on a daily basis. 9. Prior to salvage operations. Explorer and City shall establish a written artifact tagging and inventory system, which will provide for identification and provenance of all recovered Abandoned Property. ,411 items of Abandoned Property recovered in the salvage operations conducted hereunder shall be immediately numbered, tagged, photographed and inventoried upon their recovery. Copies of the inventory shall be delivered to, reviewed, and verified in writing by the City's field representative on a daily basis. 10. City shall provide security during all salvage operations during which it is expected that Abandoned Property will be recovered. Adequate measures shall be taken by City to ensure the safety and protection of Abandoned Property located but remaining upon the Real Property during interruption of salvage operations. City shall also provide security during the transfer of custody and possession of articles of Abandoned Property. City shall also provide a secure storage facility to which all recovered articles of Abandoned Property shall be transferred on a daily basis. 11. City shall provide transportation and safekeeping for all articles of Abandoned Property recovered pursuant to the terms of this Agreement. City shall be responsible on for those articles which are tagged and inventoried in accordance with the provisions of Section 9 hereof. City's responsibility for security, transportation and safekeeping of said articles shall cease upon the properly documented transfer of custody and possession thereof to Explorer and/or a third party in accordance with the written instructions of the parties. 12. All artifacts recovered fi'om the Real Property shall be transported fi'om the storage facility to an artifact processing, and stabilization facility selected by mutual agreement of the parties. This facility shall have storage .and processing capability sufficient to accommodate the volume of artifacts recovered and shall provide adequate security to ensure the protection and safekeeping of the artifacts which it receives. This facility shall also carry sufficient liability insurance to cover loss of the property which it receives. 13. An uninterrupted chain of possession shall be established and maintained for all recovered Abandoned Property. Such chain of possession shall commence with tagging and inventory of each article on site at the time of recovery, and shall include a written receipt at each transfer of possession from the recovery site to the transport vehicles; from the transport vehicles to the storage site; from the storage site to the processing facility; aud at all subsequent times which articles of Abandoned Property are transferred from the custody and possession of one person or entity to another. 'Custody and possession of an article 'of Abandoned Property may not be transferred without the written consent of both parties to this Agreement and the party accepting custody and possession of an article of Abandoned Property shall remain liable for the safeguarding of same until custody and possession has been transferred in accordance with the provisions hereof. Possession by an authorized agent, employee or contractor of one of the parties shall be deemed possession by such party for purposes of this Agreement. 14. City and Explorer shall have full access to all recovered articles of Abandoned Property at all times, subject to reasonable security measures. 15. All articles of Abandoned Property shall be and remain the sole property of Cit3' at all times. Explorer shall receive as full and complete compensation for discovery and salvage of the Abandoned Property and any interest or claim he may have in the Abandoned Property whether pursuant to this Agreement or otherwise, an amount equal to ten percent (I 0%) of the net amount realized from the sale or disposition of the Abandoned Property, if sold or disposed of, or if retained by City due to its historical or archaeological significance, an amount equal to ten percent (10%) of the appraised value of the articles retained by the City. For purposes hereof, appraised value shall be the average of two appraisals performed by qualified appraisers selected by City and reasonably satisfactory to Explorer. In the event that City and Explorer are unable to agree upon the two appraise, rs to perform the appraisals, City and Explorer shall each retain one qualified appraiser, who shall then agree upon a third qualified appraiser who shall appraise the articles of Abandoned Property to be retained by City. The appraisal performed by the third appraiser shall then be used to determine appraised value for purposes hereof. The cost of said appraisals shall in!tially be funded by City, and shall be deducted from the proceeds of sale as provided for in Section 16 hereof. 16. For purposes hereof, Explorer's percentage of the proceeds of the sale or disposition of the Abandoned Property, and of the value of Abandoned Property retained by City shall be net of all costs and expenses of appraisal and sale, and all costs and expenses incurred by City in confirming or defending title to the Abandoned Property. City shall have the right to retain and/or dispose and/or sell any and all articles of Abandoned Property which City deems in its sole and absolute discretion to be of historical or archaeological significance. 17. City shall have full and complete control with respect to the marketing, sale and disposition of all recovered articles of Abandoned Property, including the rammer and timing of sale and/or disposition of articles._ Notwithstanding the foregoing, City shall cause to be sold a sufficient amount of the Abandoned Property within one (1) year of the recovery thereof, in order to disperse to Explorer an amount eciual to three percent (3%) of the appraised value of all Abandoned Property recovered, as determined in accordance with the appraisal procedures set forth in Section 15 above. The remaining amount of Explorer's percentage share due hereunder, shall be paid to Explorer upon the sale of the Abandoned Property as m~d when sold. City shall dispose of the Abandoned Property which it elects not to retain in a manner reasonably calculated to maximize the proceeds of sale thereof, and shall consult with Explorer with regard . thereto. In the event that after disposition of all Abandoned Property which City elects not to retain due to its historical or archaeological significance, the proceeds of sale realized by City, less the amounts previously dispersed to Explorer, are insufficient to pay Explorer in cash its full compensation due hereunder, City agrees to pay Explorer said remaining compensation in full and cash within six (6) months after the sale of the last articles of Abandoned Property elected to be sold by City, but in no event later than three (3) years from the date of recovery of the last article of Abandoned Property. Notwithstanding the foregoing, City shall have the right, to be exercised in its sole and absolute discretion, to make in kind distributions to Explorer in lieu of monetary payment otherwise required hereunder. The value of said distributions shall be determined by the appraisals conducted pursuant to Section 15 hereof. 18. City reserves full and complete rights to make duplicates or replicas of any artifacts and to dispose, sell or retain the originals of all articles of recovered Abandoned Property, as City, in its sole and absolute discretion, elects. Explorer's sole rights to the Abandoned Property shall be to receive the cash compensation set forth in paragraph 15 hereof, or in kind distribution as provided in Section 17 hereof, as elected by City. City shall have the right to establish and/or contract with museums or other places where the Abandoned Property, and/or duplicates or replicas may be displayed, and any revenues from such displays or activities, shall be the sole property of City. 19. Explorer acknowledges and agrees that City is relying upon the personal expertise, knowledge and character of Explorer in performing the terms of this Agreement. Explorer acknowledges that as a material inducement to City to enter into this Agreement, Explorer agrees that he shall not assign his rights or obligations under this Agreement without the prior written consent of City, which consent may be withheld in City's sole and absolute discretion. In addition, Explorer agrees that City shall have the right to review and approve all persons working or subcontracting with Explorer. City shall have the right to approve or disapprove of any such persons, in City's sole and absolute discretion, and may revoke its prior approval thereof at any time and for any reason. 20. Explorer shall maintain and keep in full force and effect during the term hereof, commercial general liability and property damage insurance with combined single limits of coverage not less than $500,000 and ~vor'kmen's compensation insurance as provided by law. Said insurance shall name City as an additional insured thereunder and shall provide that such coverage may not be modified, amended or cancelled without fifteen (15) days prior written notice to City. Explorer shall provide City with a duplicate original of such policy of insurance prior to entering upon the Real Property. 21. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue in any action, suit or proceeding in connection herewith shall be in Palm Beach County, Florida. 22. This Agreement sets forth the entire understanding and agreement of the parties hereto with respect to the subject matter hereof. This Agreement may not be modified or amended, except in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreemem to be executed as of the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor Approved as to Form: City Attorney Signed, sealed and delivered in the presence of: Witness Signature: Print Name: Witness Signature: Print Name: Print Name: