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Agenda Workshop 05-09-00 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL MEETING & WORKSHOP - MAY 9, 2000 6:00 P.M. - FIRST FLOOR 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 (TI)D), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. (1) Distribution of FY 2001 Drug_ Control & System Improvement Funds: Consider approval of the distribution of FY 2001 Drag Control & System Improvement (DCSI) funds (aka Byme funds) in the amount of $728,458 as recommended by the Cmninal Justice Commission, and authorize the Mayor to send a letter agreeing to the allocation of these funds. Agr~ eement for Procurement of Namin~ Rights of the Delray Beach Tennis Center: Consider approval of an agreement between the City and Flight Media, Inc. (FMI) wherein the City grants to FMI exclusive rights to procure commitments for the sale or lease of naming rights at the Delray Beach Tennis Center for a period of six (6) months commencing on May 10, 2000 and extending until November 10, 2000. Amendment No. 3 to Match Point Agreement: Consider approval of Amendment No. 3 to the agreement between the City and Match Point, Inc. to provide that Match Point agrees to abstain from attempting to sell or procure naming rights for the Tennis Center for the six month period in which the City has the agreement with Flight Media, Inc. ~VONKSHOP A GEI~'DA (1) Sarah Gleason Park site plan presentation. Oose Aguila, Cuttle & Associates) (2) Boys and Girls Club site plan presentation. (3) Report on the International Tennis Resort facilities. (4) Davis Road connection to Atlantic Avenue. (5) Report on the former Marine Way (blue building) property at 1000 Lake Ida Road. (6) Commission comments. 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 CITY OF I)ELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL & WORKSHOP MEETING - MAY 9, 2000 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM THE SPECIAZ MEETING, AGENDA FOR THE MAY 9TM CITY COMMISSION MEETING IS AMENDED BY ADDING THE FOLLOWING ITEM: (3) ~,HANGE ORDER TO CONTRACT WITH MOTOROLA FOR THE 800 MHz RADIO SYSTEM: Consxder approval of a change order (~¢1) in the total mount of $54,879.64 to the contract with Motorola for equipment changes and upgrades to the 800 MHz Radio System, including modification of the public safety radio equipment to provide digital communication versus analog. A portion of the upgrade cost ($8,671) will be reimbursed from Highland Beach and Gulf Stream. Addendum. May 9, 2000 DELRAY BEACH POLICE DEPARTMENT To: From: David T. Harden City Manager Captain Ross Licata District 3 Commander Date: May 8, 2000 Subject: RECOMMENDED CHANGE ORDER FOR THE 800 MHz RADIO SYSTEM As you are aware, the Motorola 800 MHz Radio System Statement of Work and Contract approved by the City Commission on March 21~t called for our newly designed radio system and user specific equipment (i.e., police, fire and local government consoles, control stations, portable and mobile radios) to operate in the analog mode. As the process of developing our new radio system has progressed, and upon conducting further research, our staff is recommending that all public safety radio equipment be modified to provide digital communication vs. analog. All local government radio equipment would remain in analog mode. The digital mode radio equipment would provide the following for public safety: 1. An improved level of sound clarity at the dispatch site and by the users in the field. 2. A greater level of interoperability and fleydbility. Motorola 800 MHz radio equipment operating in the digital mode is interoperable with 800 MHz digital and analog radio equipment operating in a tmnked or conventional format. 3. The digital mode provides for a greater level of encryption over the analog mode. This will allow police and fire to operate during sensitive operations with a greater level of security. In addition to the reasons noted above, we have found that most police and fire organizations are now migrating to digital technology since it provides a higher standard for public safety communications. The current cost of upgrading all public safety radio equipment to operate in the digital mode would be $132,698. If we were to upgrade to a digital radio system at a later time the costs would be significantly more and would require that all portable and mobile radios be taken out of operation for reprogramming. It should be noted that the $132,698 for digital upgrade includes the shared upgrade costs for the cities of Highland Beach ($3,996) and Gulfstream ($4,675) for a total of $8,671. Those costs would be reimbursed to the City of Delray Beach later this year. To help offset these additional costs, the police department will purchase the XTS 3000 model 1 portable radio vs. the XTS 3000 model 2. We feel that the benefits of obtaining a digital public safety radio system far outweigh the benefits of the additional features the XTS 3000 model 2 radios offer. This would provide an additional credit of $44,096 to the City of Delray Beach. Included in the attached change order form is a request to purchase 12 additional local government radios with vehicle chargers at a cost of $15,732. Telecommunications Administrator Amanda Solomon recorranended this change. The additional radios are needed to ensure that all key personnel have radio access. We have also idemified several items (see attached) that can he eliminated from our initial purchase request. These changes will provide an additional $50,091.36 in credits to the city. The final cost for all noted equipment changes and upgrades amounts to $54,879.64 less $8,671 for Highland Beach and Gulfstream shared costs associated with the digital upgrade, leaving a revised balance of $46,208.64. We believe that these changes will provide significant enhancements to our public safety communications for years to come and seek your support and approval in this endeavor. If you have any questions, or ifI can be of any further assistance, don't hesitate to call me. CC; Chief Richard Overman Chief Robert Rehr Captain Ralph Phillips May- 04 0() 02: I_-:~P t~ _ 0 I MOTOROLA P.O Box 550374 Ft. Lauderdale, FL 33355 May 4, 2000 City of Delray Beach Captain Ross Licata 300 West Atlantic Ave. Delray Beach, FL 33444 Dear Captain Licata: The attached pages represent the proposed change order cost and credits for the City of Delray Beach. The subscriber change order will not be placed until approved by the City of Delray Beach Commission. When the change order is approved, Motorola will make the adjustments and send confirmation to Delray Beach Please contact me at 954-34%9353 if you have any questions concerning the proposed changes Sincerely. MOTOROLA, Inc. l! - Mike Bunting* Account Manager 4-May-00 To: From: Subject: Captain Licata Mike Bunting MOTOROLA, Inc Subscriber Price Changes Police Dept. XTS3000 Model !1 to Model I Cost Change 208 XTS3000 X ($212.00) credit =($44,096.00) credit Police Dept. XT$3000 Analog to Digital Cost Change 208 XTS3000 X $425.00 cost = $88,400.00 cost Police Dept. Spectra Mobile and Control Station Analog to Digital Cost Change 4 Spectra X $482.00 cost = $1928.00 cost Fire Dept. XTS3000 Model II Analog to Digital Cost Change 60 XTS3000 X $425.00 cost = $25500.00 cost Fire Dept. Spectra Mobile and Control Station Analog to Digital Cost Change 35 Spectra X $482 00 cost = $16,870.00 cost Cost Summary ($44,096.00) credit $88,400.00 cost $1,928.00 cost $25,500.00 cost $16,870.00 cost $88,602.00 Total Cost 4-May-00 To: From: Subject: Captain Licata Mike Bunting MOTOROLA, Inc. Subscriber Price Changes COST Changes Description 1- Change from 13 to 14 Encrypt. Modules 2- Change Local Gov. LTS from 154 to 166 3- Change Local Gov travel chargers from 137 to 166 TOTAL COST Cost $637.00 $13,992.00 $1,740.00 $16,369.00 CREDIT Changes Description 1- Change from 2 Encrypt. Loader to 1 2- Change XTVA from 8 to 7 3- Change Police Spectra Consolette from 4 to 2 4- Change Beach Patrol Multi charger from 3 to 1 5- Change Fire Spectra Consolette from 12 to 6 6- Change to delete Console Furniture Airflow TOTAL CREDIT Summary $50,091 .:36 credit - $16,369.00 cost = $33,722.36 credit Credit $3,142.00 $1,37O 00 $9,999.34 $958.00 $29,998.02 $4,624.O0 $50,091.36 4-May-00 To: From: Captain Licata Mike Bunting MOTOROLA, inc. Subject' Subscriber Change Order Dollar Totals Analog to D~gital price change total: $88,602.00 Subscriber change order total: $33,722.36 Total change order cost: $E,4,879.64 cost credit cost MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM~fl. ! - SPECIAL MEETING OF MAY 9, 2000 DISTRIBUTION OF FY 2001 DRUG CONTROL & SYSTEM IMPROVEMENT FUNDS DATE: MAY 5, 2000 This is before the Commission to consider approval of the distribution of FY 2001 Drag Control & System Improvement 0DCSI) funds as recommended by the CnmmalJustice Commission (cJc). The total FY 2001 allocatton to Palm Beach County ~s $728,458. The proposed use of the federal funds is outlined m the attached letter from the cJC. The Florida Department of Community Affairs requires that 51% of the local units of government representing 51% of the county's population agree on the allocauon of the DCSI funds. Chief Overman has reviewed the funding allocations and recommends that the City Commission support the distribution of funds (see attached memorandum). Recommend approval of the distribution of FY 2001 Drag Control & System Improvement funds, and authorize sending the attached letter agreeing to the allocation of these funds. RefiAgrnemol 1.Allocataon of Drug Control & System Improvement Funds Criminal Justice Commission 301 N Ohve Avenue. State 1001 West Palm Beach, FL 33401-4705 (561) 355-4943 Suncom 273-4943 FAX (561) 355-4941 dcunnmg@co palm-beach fl us http~'llegal flrp edu'other;pbccjc Richard G Lubm, Esq, Chairman Leslie Corley, Vice Chairman Wendy Sartory Link, Secretary Leo E Noble, Treasurer F~ecutive Director L Diana Cunmngham 'An Equal Opportumty Affirmative Acnon Employer" April 25, 2000 To all Palm Beach County Mayors' The Criminal Justice Commission (CJC) serving as the Substance Abuse Advisory Board (SAAB) seeks your approval in the allocation of FY01 Drug Control & System Improvement (DCSI) funds aka Byrne funds The total FY01 allocation to Palm Beach County is $728,458. The CJC submitted a request for proposals (RFP) to ail local u,]its of guvernm~nt to fund projects that respond to drug and drug-related violent crime problems. A total of twelve (12) proposals were received this year plus the CJC's program administration. The CJC voted unanimously to recommend that funding be allocated as follows: SUBGRANTEE PROJECT TITLE FEDERAL FUNDS RECOMMENDED Palm Beach County Victim Special Options Toward Achieving $90,000 Services Recovery (SOAR) Palm Beach County School Truancy Interdiction Program (TIP) $42,125 Board (Note: These funds are contingent on TIP not receiving funds from the State Legislature. The CJC agreed to designate these funds evenly between the SOAR program and the MAN Unit if the State Legislature funds TIP). Palm Beach County Sheriffs Multi-Agency Narcotics Unit (MAN) $421.129 Office Palm Beach County Criminal Community Court Community $30,000 Justice Commission Service Restoration Project Office of Court Juvenile Domestic Violence $42,533 Admimstration/15th Judicial Mediation Program Circuit. Palm Beach County Criminal Countywide Weed and Seed $60,000 Justice Commission Administration Component Palm Beach County Criminal Program Administration $42,671 Justice Commission TOTAL $728,458 ~ prlnted on recycled paper The Florida Department of Community Affairs (DCA) requires that 51 percent of the local units of government representing 51 percent of the county's population agree on the allocation of these funds. Each program is required to provide their own 25 percent cash match. For your convenience, we have prepared a sample letter for your use. Due to the application deadline, this letter must be received at the Criminal Justice Commission Office, no later than May 12, 2000. Please send the letter t o: Criminal Justice Commission Att: Janet Cid-Gonzalez 301 N. Olive Avenue, Suite 1001 West Palm Beach, FI 33063 If you should require additional information or have any questions, please contact Ms. Janet Cid-Gonzalez, Contracts/Grants Coordinator for CJC at 355-4939. Your immediate attention to this matter is greatly appreciated. Sincerely, L. Diana Cunningham Executive Director, CJC "~ Cc; Judge Blanc, Chairman, Byrne Grant Committee Mr. Richard Lubin, Chairman, CJC All Chiefs of Police Delray Beach .Police Department 300 We st Ail5a6n:i)c2A4v3e_ ~;;8 D e I rFaaYx I~(~)h~4Fl¢ r~633444'3695 MEMORANDUM TO: FROM: Nilza Madden, City Clerk's Office Richard G. Overman, Chief of Police DATE: May 5, 2000 SUBJECT: FY01 DRUG CONTROL & SYSTEM IMPROVEMENT FUNDS I have reviewed the recommended proposal from the Criminal Justice Commission with regard to the allocation of this year's federal funds. I recommend that the City of Delray Beach support the allocations as proposed. RgO/ppt Attachment [IT¥ I)F I)ELRR'i' BER[H DELRAY BEACH 100 N.W 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 la Wilder 99~epartment of Community Affairs DHCD/BCA/Cdminal Justice Section 25555 Shumard Oak Boulevard Tallahassee, Flodda 32399-2100 Re: FY 2001 Drufl Control & System Improvement (DCSI) Funds Dear Mr. Wilder: In compliance with the State of Florida Rule Chapter 9G-16.003(4)(d), the City of Delray Beach approves the allocation of $728,458 for FY 2001 Drug Control and System Improvement (DCSI) funds (a/k/a the Byrne funds) for the following projects in Palm Beach County: SUBGRANTEE PROJECT TITLE FEDERAL FUNDS RECOMMENDED Palm Beach County Victim Special Options Toward Ach;eving $90,000 Services Recovery (SOAR) Palm Beach County School Truancy Interdiction Program (TIP) $42,125 Board (Note' These funds are contingent on TIP not receiving funds from the State Legislature. The CJC agreed to designate these funds evenly between the SOAR Program and the MAN Unit if the State Legislature funds TIP). Palm Beach County Sheriff's Multi-Agency Narcotics Unit $421,129 Office (MAN) Palm Beach County Criminal Community Court Community $30,000 Justice Commission Service Restoration Project Palm Beach County Criminal Countywide Weed and Seed Administration $60,000 Justice Commission Component Palm Beach County Criminal Program Administration $42,671 Justice Commission Office of Court Juvenile Domestic Violence Mediation $42,533 Administration/15th Judicial Program Circuit TOTAL $728~458 I understand that each of these programs will be required to provide their own 25 percent cash match. Sincerely, David W. Schmidt Mayor Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS Mr. Clayton Wilder Department of Community Affairs DHCD/BCNCriminal Justice Section 25555 Shumard Oak Boulevard Tallahassee, FI 32399-2100 Dear Mr. Wilder: In compliance with the State of Florida Rule Chapter 9G-16.003(4)(d), the (city, village or town) approves the allocation of $728,458 for FY01Drug Control and System Improvement (DCSI) funds aka as the Byrne funds for the following projects in Palm Beach County: SUBGRANTEE PROJECT TITLE FEDERAL FUNDS RECOMMENDED Palm Beach County Victim Special Options Toward Achieving $90,000 Services Recovery (SOAH:) Palm Beach County School Truancy Interdiction Program (TIP) $42,125 Board (Note: These funds are contingent on TIP not receiving funds from the State Legislature. The CJC agreed to designate these funds evenly between the SOAR program and the MAN Unit if the State Legislature funds TIP). Palm Beach County Sheriff's Multi-Agency Narcotics Unit (MAN) $421,129 Office Palm Beach County Cdminal Community Court Community $30,000 Justice Commission Service Restoration Project Palm Beach County Criminal Countywide Weed and Seed $60,000 Justice Commission Administration Component Palm Beach County Criminal Program Administration $42,671 Justice Commission Office of Court, Juvcni!e D~,mestic Vio!ence $42,533 Administration/15t~ Judicial Mediation Program Circuit TOTAL $728,458 I understand that each of these programs will be required to provide their own 25 percent cash match. Sincerely, Mayor, (city, town, village) of CITY OF DELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH 1993 TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 May 5, 2000 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Naming Rights Agreement/Amendment to Match Point Agreement At the City Commission's May 2, 2000 meeting, we were given direction to draft an agreement between the City and Flight Media, Inc., (FMI), for the sale of the naming rights of the Tennis Center, for your consideration. We have also drafted a clarifying modification to the City's agreement with Match Point, Inc. (MP). The essential terms of the attached agreement between the City and FMI are as follows: · FMI will have the exclusive right to sell the naming rights for a 6 month period · Minimum commitment from a sponsor of $250,000.00 annually with a 2 year commitment to be approved by the City If FMI secures a sponsor for the City and the City enters into a contract with the Sponsor then FMI shall receive 15% of the first $250,000.00, on an annual basis; 33 1/3% of any amount above $250,000.00, on an annual basis; bonus of 25% of any net profits over $175,000.00, on an annual basis · FMI shall submit monthly reports to the City on its progress and the City has the right to reject any potential sponsor/advertiser If the Commission approves this Agreement with FMI, the City will need to amend its agreement with Match Point, Inc., (MP), in that MP currently, also, has the right to sell the naming rights of the Tennis Center. MP has agreed to give up the right to sell the naming rights to the Tennis Center for a 6 month period so that FMI may have the exclusive right to sell the naming rights. MP also agrees to abide by the terms of any agreement the City may enter into with a sponsor/advertiser concerning naming rights for the duration of that agreement. Please call if you have any questions. In OUC of I-tome ~a I ~ ~ Dc~,~,~o~ Vl~ wll~ 'd~e 141rgl~ ~pc~t ,gd~ corrq~a~y ~ ~1~. cou~:~¥ ~ ~ tim~. I I'lad reaf~3n..Ibiltb/Jot 35 ~ wire a budget 2G million dollmz, I ~cJok perr,~m~l re~ponMI3111ty of some of ~e larger,irpafta such ~ MIA and Ft. L~Io. I incfe~j~l MIA'a aalel fi'om ~ 3 ta 3!mi! In Ig~s ~ · year. I wins tie only pm1~m m tim htMC~y of th~ con~ to comity ~ell oU~ mi ad~f~i~ing ~es I~ ttm Ft. Llmd~rd~le airpaX. I t~ ~ will ~ ~idlOrn e~L~r i~ ooncafrllld al~ my IblJel Or CliixlbJljllt Il'Jilt I lin m~re tJmJ'J ~ ~ I,.mndle Ibis pn~ect. ~0 3D~d FROM : ?705925142 PHONE NO. : 770 5925142 Hauj. 05 2000 02:29PM P1 aRT orig~ally n~momemled to thc l~lray ~ tennis cent~ ~ a po~hle nan'dn~ risht_~ consu{lan~ company_ ! pe~nnl{y v~sited this fine ~ and spoke v~th Brabm nhout tlm{~ wond,ful {mi u~{in~ pro~'O tint tk. City of'Delr{y was abou~ ~o undo-take Due ~o current ~ommitment~ with other ¢ollesin~e .~adiums and arena. Stadia¥ision by AD ART recommended ^la Mckcnz~e of Flisht Media. lng Fhsht IMedia has {~ovided Al) ART Etcc~roni~m ~ {movded~ with a keen ~ng ofadve~t{s{ng, spons~s~ and nami~,~j~s ~ w~hi. t~ ~s ina, s,t~_ Sl~di~Vnion by Al) ART Ela:ltoni~ ~ ~ ajnently wo~ ~ ~~ m~~ ' Fli~ l¥1edia as a ~por~ VAR fo~ Ph~ps ha~ helped AD ART ~Rron~c~ pun~l~e l:~ps ~ Al]/CT ELECTRONIC SIGN CORPORATION ° B29 PICKF_NS INDUSTRIAL OR, SUITE 5, M,~RIE"FT'A, GA 30062 , PHONE C770) 424-1554 FAX (770) 424~111~ www_adarteSc corn AGREEMENT FOR PROCUREMENT OF NAMING RIGHTS OF THE CITY OF DELRAY BEACH TENNIS CENTER THIS AGREEMENT dated ,2000, by and between FLIGHT MEDIA, INC., 2265 Roswell Road NE, Suite 100, Marietta, GA 30062 (FMI) and the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (CITY). RECITALS WHEREAS, CITY desires to engage FMI to procure a sponsor/advertiser for naming rights in connection with the Delray Beach Tennis Center; and WHEREAS, FMI agrees to solicit sponsors/advertisers on behalf of the CITY, based upon the terms and conditions set forth below. NOW THEREFORE, based upon the following promises, terms and conditions, the sufficiency of which consideration is hereby mutually acknowledged by the parties, the parties do hereby agree as follows: 1. The above recitals are hereby incorporated in this Agreement. 2. CITY hereby provides FMI with the exclusive right to procure commitments for the sale or lease of naming rights on behalf of the CITY as it relates to the Tennis Center. The exclusive rights provided herein to FMI to procure commitments for the sale or lease of naming Delray Beach Tennis Center shall extend for a period of six (6) months, rights at the commencing on May 10, 2000 and extending until November 10, 2000. In the event sponsors/advertisers are not secured within this six month term for minimum sponsorship revenue of $250,000.00 per year and for a minimum of two year commitment, FMI's exclusive right to procure sponsor/advertising naming rights shall cease and this Agreement shall become null and void as of November 10, 2000. The parties understand that an extension of the initial term may be negotiated and executed by subsequent mutual consent of both parties and written amendment to this Agreement. 3. The parties hereby understand and agree that during the exclusivity period set forth above, FMI shall exercise its good offices and proprietary business contacts for the purpose of locating sponsor/advertisers who are interested in advertising their products and services at the Delray Beach Tennis Center, and that all potential sponsors identified by FMI based upon its expenditure of time, money and effort, and all information pertaining thereto, constitutes confidential, subject to Florida Statute Chapter 119, and proprietary business information of FMI. CITY agrees that any proprietary business information relating to prospective sponsors solicited by FMI shall be kept confidential, to the extent permitted by Chapter 119, F.S., and that such information shall not be used or acted upon by the CITY for a period of two (2) years from the date of this Agreement without the express written permission and authorization of FMI. If the CITY acts on the proprietary business information within the two year period, and enter into an agreement with a sponsor/advertiser, FMI shall be entitled to 10% of the gross amount, on an annual basis, of agreement between the sponsor/advertiser. 4. CITY agrees that during the term period, and in connection with the efforts of FMI to secure potential sponsors/advertisers to provide FMI with information as requested by FMI, the extent such information is reasonably necessary to supply potential sponsors/advertisers in connection with soliciting their interest in the proposed opportunity. In turn, FMI will supply CITY with a monthly report of the status of the project and any and all sponsor/advertisers contacted on behalf of the Delray Beach Tennis Center. If the CITY is not satisfied with the progress of FMI, the CITY shall have the right to terminate this Agreement upon twenty (20) days written notice to FMI. 2 5. CITY agrees to take no actions inconsistent with the rights granted to FMI to sponsor/advertisers pursuant to this Agreement. Sponsor/advertisers may display their corporate logo, trademarks or other messages upon the advertising displays or other items designated within the Delray Beach Tennis Center, or in other approved areas, in accordance with the spaces provided. 6. CITY agrees to pay FMI a commission of fifteen percent (15%) of total sponsor/advertiser revenue for each year of the term of the sponsor/advertiser agreement up to $250,000.00 per year. Further, FMI will receive an additional commission of thirty-three and one-third percent (33 1/3%) per year, of any revenue received above $250,000.00 per year. In addition, FMI will also receive a bonus of twenty five percent (25%), per year, of any net profits over $175,000.00 brought to the Delray Beach Tennis Center through a sponsor/advertiser with a cap of $25,000.00 cost for the Chris Evert Pro Celebrity Tennis Classic and with a cap of $25,000.00 on any finder or referral fee, if any, paid by the CITY in its sole discretion. Net profits are defined as that amount of the gross revenue minus commissions or finders fees paid, or any other cost or fee paid by the CITY, as required by any agreement between the CITY and a sponsor/advertiser. CITY agrees to make payment to FMI within 15 days of receipt of the sponsor/advertiser proceeds during the term of the agreement between the sponsor/advertiser and the CITY. If for any reason sponsor/advertiser fails to make payment to the CITY, no payment shall be due FMI, until the CITY receives payment from the sponsor/advertiser. CITY shall pay no interest on any commission or bonus paid or owed to FMI. 7. This Agreement is intended by the parties as a final expression of their agreement, and is complete and exclusive statement of the terms thereof. No course of prior dealings between the parties, no commitment letter or letters of intent, and no usage of trade shall be relevant or admissible to supplement, explain or vary any of the terms of this contract. This contract can only be modified in writing, signed by both parties. The covenants and agreements herein contained shall inure to the benefit of all parties, and be binding upon the heirs, legal representatives, successors and assigns of the parties. 8. CITY reserves the right, in its sole discretion, to accept or reject any sponsor/advertiser if the CITY determines that having the Tennis Center named after the particular sponsor/advertiser would not promote a positive image for the CITY or fail to be in the public's best interest and help promote the health, safety and welfare of the public. FMI agrees to waive any right to contest, sue or make any claim for damages against the CITY as a result of the CITY'S decision to accept or reject a sponsor/advertiser. FMI shall also inform any potential sponsor/advertiser that the CITY has the right to accept or reject any sponsor/advertiser, in its sole discretion. 9. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 10. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: As to FMI: David Harden, City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Alex Mekenzie, President Flight Media, Inc. 2265 Roswell Rd. NE Suite 100 Marietta, GA 30062 4 11. FMI shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement. 12. This Agreement shall be subject to the terms and conditions of the Agreement between Match Point, Inc. and City dated November 5, 1998, as amended, and the Amended and Restated Agreement between the City and Coca-Cola Enterprises, Inc. dated May __, 2000. 13. This Agreement shall be considered null and void unless signed by both FMI and the CITY and unless the CITY approves an Amendment No. 3 to the agreement between the CITY and Match Point Inc. at the same or prior Commission meeting. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year first above written. ATTEST: By: By: City Clerk Approved as to legal sufficiency and form: By: City Attorney WITNESSES: FMI (Print or Type Name) CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor Alex Mckenzie, President (SEAL) (Print or Type Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 2000, by ., as day of , (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC. THIS AMENDMENT NO. 3 to the BEACH (City) and MATCH POINT, ,2000. agreement between the CITY OF DELRAY INC. (MP) is made this day of WITNESSETH: WHEREAS, the City and MP entered into an agreement dated November 5, 1998 (the Agreement) an Amendment No. 1 dated September 22, 1999 and an Amendment No. 2 dated January 28, 2000; and WHEREAS, the City has entered into an agreement with Flight Media, Inc. granting to Flight Media Inc. the exclusive fight to procure naming fights for the Tennis Center for a six month period; and WHEREAS, the agreement between the City and MP contains a clause that grants MP the ability to sell the naming rights to the Tennis Center; and WHEREAS, MP agrees to abstain from attempting to sell or procure naming fights for the Tennis Center for the six month period in which the CITY has the agreement with Flight Media, Inc.. NOW, THEREFORE, for good and valuable consideration, herein provided, the City and MP agree as follows: 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Section 3.01(E) of the Agreement in hereby amended to provide that MP shall not be entitled to sell the naming rights to the Delray Beach Tennis Center for the period from May 10, 2000 through November 10, 2000 to allow Flight Media to have the exclusive fight to sell the naming fights to the Tennis Center. Further, MP recognizes that if the City enters into a contract with a sponsor/advertiser for the naming rights of the Tennis Center for whatever length of time, MP agrees not to sell the naming rights to the Tennis Center for that period of time, including any optional time periods. 3. The original agreement dated November 5, 1998, the Amendment No. 1 to the Agreement dated September 22, 1999, Amendment No. 2 dated January 28, 2000, and this Amendment No. 3, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. The Agreement dated November 5, 1998 remains in full force and effect except as expressly modified herein. 4. This Amendment No. 3 to the Agreement dated November 5, 1998 shall be effective upon the approval by the City and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: By: City Clerk Approved as to legal sufficiency and form: By: City Attorney WITNESSES: Print Name: Print Name: CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor MATCH POINT, INC. By: Mark Barron Title: 2 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of , 2000, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of idemification) as identification. Notary Public - State of Florida 3 Request to be placed on: _~ Regular Agenda When: May 9, 2000 Description ofagendaitem: to make a presentation AGENDA ITEM NUMBER: AGENDA REQUEST Date: April 18, 2000 SpecialAgenda X Workshop Agenda Request approval for Robert G. Currie Partnership of the site plan for Sarah Gleason Park. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached, YES Recommendation: Approve presentation. NO x NO x Department Head Signature: Determination of Cons,stency w,t omprehens~ve Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: /~ Approved for agenda:~;;e~/~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved (if applicable) MEMORANDUM To: From: Subject: Date: Dawd T. Harden, City Manager Richard C. Hasko, P.E., Director of Environmental Services SUPPLEMENTAL INFORMATION - LAVERS RACQUET CLUB May 5, 2000 As directed by City Commission at the April 11 Workshop meeting, we have solicited opinions of cost for rehabilitation of the various component facihties located at the Lavers Racquet Club site. The attached materials are the opinions we received from contractors with expertise in these scopes of work and are summarized as follows: · Republic Construction and Development Corp. estimates the cost of rehabilitation of the clubhouse building at $800,000 to $900,000 based on a their site inspection and review of the previously presented structural ~nspection report. These figures include complete replacement of the roof and repair of any structural damage found in the roof support framing. · A termite inspection conducted by Jermac Pest Control disclosed the following results: Evidence of both drywood and subterranean termites in the Clubhouse building. Evidence of drywood termites in the concession stand at the patio area. Evidence of both drywood and subterranean termites in the pool bathhouse/pump room. The inspector reports that the termite damage he observed appears "aesthetic" in nature with the disclaimer that he is not qualified to comment on structural soundness of the building. · Tennis Court restoration costs as estimated by Gator Court total $98,575. · Rehabilitation of the pool facility as estimated by Summerland Pools includes $27,500 for pool restoration and $10,800 for refurbishment of the pump and filter equipment. Should the pool facility be retained for use, the bath house/pump building would require rehabilitation as well. Based on recent City projects similar to the bath house building, reconstruction costs are estimated by City staff at $80,000. It should be noted that we received differing estimates of rehabilitation costs for the tennis courts. The $98,575 figure from Gator Court is predicated on removal and replacement of materials as described in their quote to reestablish functionality of the courts. The attached estimate of $240,000 from Papico Construction considers complete reconstruction above the base material of all 24 courts resulting in essentially new facilities. Dub~n & Associates has presented a proposal for accomplishing the same scope of rehabihtation as the Gator Court quote for a cost of approximately $55,200 utilizing their in house staff. This figure appears to be in line based on comparison of labor and overhead expenses for contracting vs. in house construction. A third quote was received from Tenms Technology, Inc. proposing restoration of all 24 courts for a total of $40,000. We are discounting this quote as not representative of the minimum scope of work reqmred based on the other submittals. Should further information be required in the subject regard, please contact me at ext. 7336. /rch MAY-'2-00 TUE 7'52 Al4 REPUBLIC CONSTRUCTION FAX NO. 561+243+8039 ?. 2 REPUBLIC CONSTRUCTION & DEVELOPMENT CORP f561) 243-8330 FAX (561) 243-8039 1300 PARK OF COMMERCE BLVO, SUI'I'F' 152 DELRAY BEACH, FL 33446 May 2, 2000 Howard Wight City of De[ray Beach 434 S Swinton Avenue Delray Beach, Fl. 33444 Lavers Racquet Club 955 Egret Circle De[ray Beach Dear Howard Wight, As per your request we have inspected the above mentioned building for the purposes of providing a preliminary budget estimate for the structural repairs and improvements required due to lack ofmaintermnce, termite intrusion, non compliance with existing codes, water damage a~ad overall deterioration. We have reviewed the report submitted by O'Donnell, Naccarato, & Mignogna, Inc. dated April 10, 2000 as well as performed a visual inspection on April 28, 2000. No design or engineering plans were provided for additional evaluation. Based upon the extensive amount of structural damage and deterioration visibly observed our conservative estimate for the complete renovation of the existing structural components, exterior siding and trim, Hurricane protection of windows/doors, replacement of decks, railing and stairs, as well as replacement of the roof system would be in the range of Eight Hundred to Nine Hundred Thousand Dollars. This cost estimate would not include interior cosmetic renovations, site work, or any hazardous materials abatement if necessary. We have also evaluated the feasibility and cost impact of removing the second story and constructing a standard wood trussed system in lieu of the second story. It is in our opinion that the costs associated with this plan would be as much ifr~ot more than the above-mentioned cost estimate. Please fell free to contact me with any further questions or concerns. Respectfully, Vice President FROM : JERMRC, INC PHONE NO. : 954 782 5782 Maw. 02 2000 11:00RM P1 "Great Ser~e Sirze 1983" May 2, 2000 PEST CONTROL 5310 N.W. 22nd Avenue. Fort Lauaerdale, FL 33309 Broward 954-735-7787 Statewide 800-394-1644 Facsimile 954-735-2662 City of Dclray Beach 100 N,W, 1st Avenue Defray Beach, FL 33344 Attn: Mr. Howard White FAX 561-243-7314 Re: Lavers Racqu¢t Club My inspection of thi~ facility r~v~al~d thc presence of texmites and fungus infestation as documented ~ my WDO report. While I am not qualified to ~ommcnt on thc structural soundness of th: buildhlgs, I will say thc damage I could sec was mostly aesthetic in nature. I must also add the main building shows signs of being infested with rats. Droppings are everywhere, and I saw three during my inspeclion. (Anyone entering the building should be forewarned.) As you have requested, I hav~ listed below ball-park estimates of the cost W treat the three buildings, fl did not take any measurements while I was there, so the numbers shown should be used for ~ pm-poses only,) Drywood Termites Subterranean Termites MainBuilding $~500 $2,200 Conces~onStand $ 500 $ 400 Bathroo~p $ 500 $ 400 When you are ready to do the work, I will be happy to provide you with accurate quotes. Thank you, ~. M~Farlan~~d President FROM : JERMAC, INC PHONE NO, : 954 ?82 5?02 Apr. 25 2000 09:57AM P5 WOOD-DESTROYING ORGANISMS INSPECTION REPORT Section 482.226, Florida Stalules name JER~AC PEST CONTEOL Umw..umb~ 654 Umns.~a~-, 5310 NW 22nd ~v~nue, For: ~audetdale, FL 33309 Inspection dlite Ho~ard White 04-24-00 Ide~lifica~n Card No. 561 - 243-7297, 479-5634 ~.M_obi (~ml ~r~t C~ro~e ..... ~l.rav 3676 )~-, o! s~u~e(n) HOT h~NK~.~l Various closets, storage rooms I ~8mon NOT ~m~'ad ~k~, m i THIa REPORT 19 s~h ms. but ~t ne~ssm~y D~GE OR OTH~ F~DFNCF IS ~T~Q IN THiS RE.MT NT~M HVMflFR ~) OF THIS R~RTi FUR~ ~VFGTI~A~O~flY O~FIFD ~TS OF THE aUIL~ING T~DF RHOUI THiS RE~RT SHA~ NOT BE C~S~UEO TO pAMAGE OR OTHER EVIDENCE UNLESS ~IS REp~RTSpECIFICA~Y ETA~S HEREIN ~E EXTENT OF SUCH GUA~NTEE. , (1) V*sibme e~ ol tv~m~g o~g~s ~so~d: ~cadons: ~ - ~terior ~ll riqht of front d~r Sub~-~eriar ~1 lef% of front d~r/ ~s-~tiple l~ations n n Same as ~[ (dj Visible e~doflm of ~,,4ous ~matmem was obsenmd: Yea lB) This mml~ny ruin mkKf lbo nlnJCSUm(s) el limo al inspeGOOO: ~ No U Yes If YES: A ~z~py of ~e ~nnbnd s. nliadmd. Yon I! YES: Date M Treatment: (7) A nod~ of ~- k~sl:~Cttofl I[~ has ben effl,,od ~ ~ stmcu~(m) COMMENTS: Noid~or the betel nor I~m inspectm' bbs su~y ~ ~mr~l h mo pr~ony ~d M ix ns~damd in n~ ~y ~ ~ ~ w~ iny ~ w S~O REPORTTO P~SOH WH0~UFSTED ~IS INSPEC~ON AND TO2 . FROM : 3EPMAC, I NC PHONE NO, : 954 ?82 5?02 Apr. 25 2000 09:35AM P3 WOOD-DESTROYING ORGANISMS INSPECTION REPORT Section 482.226, Florida Statutes ,.l'b"t~C P~:ST C0N't~O7., Um-se,om~, 5~1G t4~ 22nd A~nue0 For= Laude=dale, FL 33309 ~n$;oc,m ,Jerry L. McFarland ,.,,~o. ~1. 04-24-00 ~de-dfi~on Card No. ~u.~,~bz ~itY of ~lray ~. Ho~rd ~te 561-243-7297 479-5673 (~bile) ~:,~m,m.~4 ~essi~ stud ~ipd .the ~ubhouse ,,, F~ ~ : '-?? .. ~ ',~-4'h-~.~--,-4, F,~:'... ~ , :~:::~. ~IS I~ NOT A STRUCTU~L ~ ~T A w~s~ o~s ~ Is ~ ~y u ~t~ ~ ~ D~GE OR OTHE~ ~DFNC~ la NOTFO ~ 1~S R~ORT f)TEM NU~ER 131 ~ ~ RF~RTI:. FUR~ER INVESTI~A~pN BY ~1 IFIFD ~ERTS OF T~ BUI[OINO T~E ~MOU~ B~ ~OE TO D~TERMINF ~E STRUC~[ SOUNDNFSS OF TH~ P~PE~ THIS REPORT S~LL NOT BE C~S~UED TO CON~I~E A GU~EE OF ~E A~ENCE OF W~D-OES~O~N~ OR~S~ QR DAMAGE OR O~HER EVIDENCE UNLESS ~IS REPORT SPECIFICALLY STA~a HEREIN ~E EX~NT OF SUCH GUA~NTEE. (S) This mmp~nV Imm O~eled ~o strm:m.,m(s) al lime of inspac~ofl: [~J No 0 Yes (8) Thim eompany him tmoaud No II YE~.' Dale of Tma, lmenl: ........... COMMENTS: ~ENO REPORT TO P~BON WH~QUESTED ~1~ INSP~!OH~HD TO~ ' FROM : IERMAC, INC PHONE NO. : 954 ?82 5702 Apr. 25 2000 09:56AM P4 WOOD-DESTROYING ORGANISMS INSPECTION REPORT Section 482.226, Florida Statutes ~C t:~ST COt'~t~OL I.tcm~,ru~be, 654 5~10 t;4 22n~ k~;~nue, For~ Lau~e~dale, FL 33309 Idlm6fica~on Card No. 479-5634 (mobi 'Iai 3676 Speci~icsb~JcnJreslnspecfed PoOl ba~h~m~!~ r~_c~_m ~as et s~e(s~ NOT ~s~d ~ r~ , Reason ~T ifll~d Fl~ded ~elles. o~use be*t. ~ wO~ d~q ~I. 1HIS IS NOT A STRUCTLIRAt nAMAGF REPORT A wooer, dosn~yiflg o~ardsml hspecuw I1 mx o~y i c~x~s~zuclk~ or ~ ~ l~ ~ D~G~ OR OTHER E~D;NCE IS HOT~ IN THIS REPOT/ITEM NUMBER/3! OF ~S ~RTt FU~ INVF~TI~A~ON BY O~l ~F~ ~FRTS OF T~ 8UI~NG T~OE SHOU~ BE ~O~ TO OET~RMIN~ ~IE ST~t SOUNONES~OETH~ P~P~R~ THiS REPORT SNAIL. NOT BE CONSTRUED TO CQNSTITU'i'E A GUARANTEE OF THE ABSENCE OF WCI:)D-DESTROYINQ ORGANiSM~ OR ~AMAGE OR OTHER EVIDENCE UNLESS THIS REPORT SPECIFICALLY STATES HEREIN THE EXTENT OF SUCH GUARANTEE, (I) V~s)blo ,~:fenc~cd*:.'uod-deItr~tgotgardrJ'ns observed: No YeI .~_~od & ~t~:). ~'~Ta~LtOS, Furtc~l~ '~CadOflj: D~erior ~alls (2| U~o wood,desboyi~g Oqlnillae Locn6onl: (3) ~sible dame0e ofltowed: (4! Visible o~donce o| JX~8~4~t ~reo~t wBS abEenmd; No .q;~d Yet ~ No Yes ($) This mmpany has ~iled mt s~uc~m(i) il limo el Inspection: (6) ~t. =~,,~ ~,,,..ud e,..u~.=,.m ~ No I_J y., Il YEti: DiM ol T~ntmonl: COMMENTS:., _ REPORT TO PERSON ~QUFSTED ~lS INACTION ~D TO: .. ~3~4~ (I IdS) Apr-2G-OO 10:OSA Gator Court/Conl~y Elect. G61-27~-415B BID PROPOW~d. m- CONTRACT Co~mctor GATOR COURTCONSTRUC~ON, IHC 201 W. At~antlc Ave. P.O i~ox 1610 Delmy Beach, FL 33447 PH: (561) 272-3643 FAX: (561) 272-4158 Page 1 o£ 1 ~lray Beach, FL 33444 Fax: 561-243-7362 Comraol Re BY GATOR COURT CONSTRUCtiON. f~¢~: ~ Ren~ve and haul away all dead materials and foreign debris. Scarz~y es ~eeded~ ~AR-?~USURFACEMAT[RL~L: Eurnzsh and inetall 3~5~a~s~s(appro~mately 15 tons) Har-Tru .~terial per cou~t. Laser ~rade, water, and roTI-coQrts u~[ng one ton ~oscoe roller. COURT %Q~F~SORIES: Furnish (l) se% Herringbone line ~apea per court and is&tall to ~e~iatlons with 2 1/2" albinism nails. All playin~ lines ~hall ~e accurately locsted aad ~rke~ zB accord~ce with %he ~ff~cial plans of tee U.S.T.A. Samd, ~rime and paint e~ietinq %en~[~ net posts. NOTE: All work is guarantee~. All work is non-union labor. Gator Court Construction, Inc. to clean up all G.C.C., Inc. constF~ction debris leaving court ready for play. ~UA~ANT~E~.' The methods and techniques described above represent some that have been used ~ucce~s~uiiy to obtain 'the desire~ results. $~t~m Court Const[uction, Inc. guaraPtees its wozk sgeins~ ~efect[ve materials or workm~an~hip ~or a period of one (1} year t~omthe date of filing nctice of c~-~pletlon to the C~e=/Genezal Contracter. EXGHT~ '~i~JS,M~, ~ ~ E'I:E'~X DOLLARS ............. $80,750,0G One third upon c~ence~t cf work ........... $26,916.00 ~e third upoa arrival ~f ~r-T[u to site ..... $26,916.00 V~n s~g~ ~y Od~0mer ~ ~p~d by ~T~ C~RT C~STRUCTI~ It~, this becomes a ~n-ceqce~ble c~ract ~d he Costome, ~b~ Cualome, ~, : ~e, By ~T~ COURT CONStraiN I~ ~ ~b No, T~ ~1~ COPW~IQI~ YE~ ~uSTO~ PINK COPY~E8 Apr-2B-0O ]O:08A Gator Court/Conley £1oct. 561-272-4158 BID I)RORO~AL m' CONTRACT Contm4~. GATOR COURTCONSTRUUTION, INC. 201 N. Atlantic 'Ave. P.O. Box 1610 Delray Beach, FL 33447 PH: (561) 272-3643 FAX: (561) 272-4158 MY GJkT~R COTJRT CO~,$TRUCTZON, INC. nee ~ed. ~te~laL pe~ c0u[t ~aset q~e, p~t existing tgnnis net prlet~, ~tiofl, inc', t,J clean up all :emdy for play. ,, ~ ~ m~t~ods at)d ~chniques'd~ac~ioed MA~--02--00 11:55 AM PAPICO CONSTRUCTION INC. 561 2881844 P.O1 Phone: 561.288-1826 FAX: 561-288-1844 emafl: Papicol@AOL,com To: Attn: Fax: From: Date: Pages: City of Delray Beach Howard Wight 561-243-7314 Steve Pappas 5/02/00 International Tennis Center in Delray 1, including this The approximate cost to repair the courts is as follows: 1) 2)' Rebuild 24 fast dry tennis courts with a 20 ton lift of material: Cost: $240,000 Supplement perimeter fencinE' windscreen (approx. ].800 L.F. of 9' high custom fitted windscreen) Cost: $10,500 Existing windscreen shall be utilized and secured as required. Sincerely, Steven Pappas President AP~-I?--~ 81:40 PM TE~INI$. TECHNOLOGY. INC. 561966~456 P. 81 GOe OAVID$ON Licensed & Insured RCA 18063 TENNIS COURT CON STRUCTION RESURFACING -- CONVERSION--SERVICE & REPAIR Soft and Hard Courts · Fencing anti Lighting * Bocci Courtl · Laser Grading Llcenled & Inlured. ORCA I~0~3 "Experienced 5!nce lg75" o4/~/oo T~ T¢~u, co£oglt 3309 Fargo Ave.. Lake Worth, FL 33467 · (561) 641-6699, Fax: (581} 906.2488, 85/04/2800 09:04 5~12497986 DELR&V ~E&CH GOLF CL PAGE ':Dubin & Associates I I1~ II I I I I I Date: ~,,~ c/..¢ o Time: Phone: Fax: '2 0 (o0 From: ~c.~-~ Phone: ' Fax: (561) 243-7064 (561) 243-7386 CC; Number, of pages including cover sheet: Message: '?~200 Highland Avenue Delray Beach, Florida 33445 (561} 243-7064 Fax: (561) 243-7386 (DOC) LICENSED 'INSURED Phone: (561) 276-8899 POOLS · SPAS · SUPPLIES SERVICE · SOLOR HEATING 445 N.E. Sixth Avenue (Federal Hwy.) Delray Beach, FL 33483 PROPO~,AL 5UBMI3'rED TO STATE ^N0 glP CODE PHONG JOB NAME JOB LOCAI'ION DATE We heebv ~ubmit ~oeci~lcal~one end esi;melee f~r Remarcite Pool .... Work to be performed; Drain pool. Undercut all tile, pool returns, fittings, light and main drah~ fixtures. Acid wash pool to remove all algae and scale. Acid wash coping and tile. Install new main drain grate. Apply Bondex to old pool surface to assure good bonding of new marcite. Plaster pool by skilled plasterers using premix Pool Bright. Pool to be refilled by use of carbon filters. Chemically balance pool water. Price includes all materials and labor. Five year rnanufacturers' warranty on Diamond Bright/~'~.' Price includes one hour of removal of loose marcite, any excessive removal of marcite will be extra ~,.45.00 dolleu's an hour, Not responsible for any leaks in ~tructural cracks, piping and lights. Note: Il' pool has been painl ed, there will be an additional charge for sandblast£t~g. We are not responsible for any discoloration of marci[e due to improper chemical balance of water. 1.-D'~I/~E hereby to furnish material and labor - cor~plete in accordance with above specificatmns, for the sum of: ;~'~,,-~...~'~---'~_~ ,,,,5~,~-..,.~.--~',,,~"-~:~' ~..~,,~--"~" ~','~~ ~ dollars ($ ~' ~ .~ ~',~ O0 C~¢CC~i[E'r[CE [3 [ ~, r~313~'11 -The above prices, specifications and conditions are satisfactory and are hereby accepte¢l. You are author~e~'~ to do the work aa specified, Payment Will be made as outlined above, "NOTICE TO OWNER" Under Ihs Mechanics' Lien Law. ai"~y contractor, subcontractor, taboret, malerlah'nan or other pe~on who help~ to ~mprove yOiJ¢ p~operty and is nol p~io for h~s labOr, se~'~ces Or malehel, has $ ngh! to eniorce h~s cimm agoras[ your property U~lder ~he law. you may proiecl your~df agaulst such claims by flJmg, before CO~lmencmc, I such work o1' improvement, an original eonlrac! lot the work o1' ~mprovemenl ~t a m0dlflcat~on thmreo! {r~ the ol'flce of the county recorder of ~he cOunly where the properly I~ sit~aied ama requiring Ihat 3 coat~'~ctor's payment bond be recorded ~n such office. Sa~J bond shall be m an amount not less than h'fty percent (50%) oi~ [l~e conlract phce and shall, m &ddthon to any cor~dltion~ f~' the pedormance of the con~.ract, be cond~oi'ts~J for the payment m full 01 the cta~ma ct ell po~or)~, l'Urnlshmg labor, services, equipment or marshals 1o¢ the work. descnt:~,d m ~-a~d corltfac£. Authc)rized Note: This proposal may be w~thdrawn by us tf not accepted within _'~ __ days Signs. tuts. Date of AcceptenCe.~ White: O~flce Copy Slgnah.~re__ Canary' Customer Copy Pink: Office Copy TM 39~ S900~ (IN'd'3;,.I':IHINFIS 916Bgf_g be; :88 0002;/bo/qo POOLS * SPAS · SUPPLIES SERVICE · SOLAR HEATING Phone: (561) 276-8899 534 N,E. Sixth Avenue (Federal Hwy.) Oelray Beach, FL 33483 hereby Io furmsh mate.al and labor ~ com¢leta tn accordance with abOve specdtcatlen$, for Ihe sum of, P~lymen! lo be made a'~ fellows "NO?IC~ TO OWNER" Nme Th~s ~5il may be ~ ~thdr~n ~ us ,f ~OI KC~ within . / ..-..- · .d ~dittont ~m &attaf~to~ i~ me hereby accepted. You are a~r,~d r)ate o! Acc~tmKe White: Office Copy .e,)gnat ure Canary: Cuetomer Copy Pink: Office Copy ~0 Bg~d S~OOd GN~BHHns 9T689£B ~§:80 000~/~0/§0 TO: FROM: MEMORANDUM David T. Harden, City Manager Joe Weldon, Director Parks and Recreation Dept. DATE: May 4, 2000 SUBJECT: Recreation Center at Laver's Tennis Resort Per your request, the following is our recommendation for a recreational facility at Laver's if we were to build one. As I stated, I rather do the Needs Assessment and Master Plan before making such a recommendation. Option I: A recreation center building similar to existing Vet's Park Adult Center building which is approximately 3500 sq. fi. Recommended building to contain approximately 5000 sq fi including the following amenities. The building would be multi-purpose in that it would be available to all age groups and interests. 1. Multi-purpose room for recreation programs and activities, i.e., bridge, chess, aerobics, yoga, dance classes, oil painting, etc. 2. Tennis courts operations center and pro shop 3. Restrooms 4. Recreation supervisor's office 5. Kitchen area 6. Arts and crafts room/reading room Option II: A larger building similar to the current Community Center which is approximately 15,000 sq ft. to include the following amenities. Again the building will be open to all age groups and interests. 1 - 6 Same as in Option I above 7. A 6600 sq ft gymnasium, the same size as the one at the Community Center to accommodate youth and adult basketball, volleyball, after-school program, badminton, folk dancing, etc., and locker rooms and showers. 8. 3400 additional square feet for programs and activities to accommodate such groups as Alanon/Alateen, Mom's Club, various home association meetings, AKA Sorority, driving classes, income tax assistance, pottery classes, ceramic classes, etc. 9. Games room for table tennis, foosball, billiards, etc. Please contact me if you have any questions regarding the above. Weldon, Director Planning & Zoning Department MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: JEFFREY A. COSTELLO, PRINCIPAL P~~R DATE: MAY 5, 2000 RE: PROPOSAL TO EXTEND DAVIS ROAD As requested, the following information is provided regarding the proposal to extend Davis Road south to Atlantic Avenue. The section of Davis Road that is south of Lake Ida Road runs along the east side of the Delray Shores and Sudan subdivisions, ending at Owens Baker Road (see Exhibit A-- Location Map). At one time the read continued south along the E-4 canal through the Breezy Ridge Estates subdivision, and connected with SW 24th Avenue immediately north of Atlantic Avenue. The roadway was substandard in many respects, including the fact that it was located within the Lake Worth Drainage District's right-of-way for the E-4 canal. In 1982 the City processed a conditional use request and replat of a portion of the Breezy Ridge Estates subdivision to accommodate the development of Temple Sinai (Exhibit B). The replat involved the abandonment of SW 26th Avenue, which at the time was the platted right-of-way connection to the vacant property to the north (known as the Tate property). During the review of the application the need to realign the southern portion of Davis Road was identified. It was determined that Davis Road should be realigned from Atlantic Avenue through SW 24th Avenue, then to SVV 23rd Avenue extended north over the L-33 Canal through the Tate property. The road would tie into Davis Road north of Breezy Ridge Estates, thus eliminating that portion of Davis Road constructed on the canal right-of-way. After lengthy discussion, it was the Planning and Zoning Board's consensus that the construction of a bridge by the applicant was not appropriate at that time; however for future planning purposes, the provision of right-of-way to extend SVV 23rd Avenue to the north should stand as a requirement. In 1983, agreements were executed between the City and Stanley Tate, and Palm Beach County and Stanley Tate regarding the realignment of Davis Road to SW 23rd Avenue, within the Breezy Ridge Estates subdivision. Memo Re: Davis Road Page 2 The City purchased property in the Breezy Ridge Estates subdivision which could have provided the connection between the Tate property and SW 23rd Avenue. There were many problems with this proposed connection, particularly as it related to the impact of traffic from development of the Tate property on the stability of the Breezy Ridge Estates subdivision. In addition, the intersection of SW 23rd and 24th Avenues in its location immediately north of Atlantic Avenue, was really not adequate to handle large traffic volumes. In 1986, the Palm Beach County School Board acquired a 40 acre parcel of land just south of Delray Shores subdivision and west of The Sudan subdivision, for a middle school to replace Carver Middle School. After acquisition of the property, the school district and the City evaluated the actual development potential of the property and determined that access to the site from the north, through Delray Shores and from the east via Davis Road was unacceptable. In 1988, there was consideration of locating a middle school north of Temple Sinai and an option of providing access along the west boundary of the temple's property was raised. In 1989 owners of the property immediately west of the temple on Atlantic Avenue submitted a concept plan to build a 54,000 sq.ft, medical complex (Patel Medical Building). At that time, it was identified that the property to the north may be better served with a shared right-of-way with the temple property. The proposal was to provide a 60' local collector street to be constructed on the western boundary line of Temple Sinai property. The factors which led to this discussion included: Palm Beach County' plans for widening Atlantic Avenue; the property owner to the north (Tate) was willing to look for an alternative access other than that which was already approved along NW 23r<~ Avenue; and the school district would have a signalized access from Atlantic Avenue. Although the above discussions took place, no formal petitions were filed. The school district chose a different location for the middle school and Dr. Patel did not follow through with the medical office. In 1992, the Lake Worth Drainage District closed Davis Road. Subsequently, the rd portion of roadway between SW 23 Avenue and the E-4 Canal was closed and the roadway removed. In 1992, the City Commission approved a conditional use modification for the Temple with the condition that a reservation be provided for the road right-of-way along the west property line. In 1997, a site plan was approved for Coral Trace, a 284 unit residential development that is currently under construction on property that includes the site of the former middle school. At that time right-of-way was purchased for Coral Trace Boulevard, which now runs along the west side of the Temple and Tate properties and connects the Coral Trace Development with Atlantic Avenue. At that time FDOT determined that a full median opening could not be accommodated at the intersection, nor could a traffic signal be provided. Subsequently, an application to establish a 208 unit apartment project on the Tate property was denied, in part because of concerns over the number of U-turns that would occur at the Atlantic Avenue and Homewood Boulevard Memo Re: Davis Road page 3 intersection development- On April 12, 2000, a 165 unit rental townhouse development was approved on for the property, which takes acceSS from coral Trace Boulevard. the The Transportation Element of the City's Comprehensive Plan does not indicate a need exist for a new road connecting Lake ida Road to Atlantic Avenue, nor does it call for is Road. connections between Lake Ida and AflantiCto the the only realignment of DaY __,_. ,~,i e to the east at congress Avenue, and one mile approximately one-qua[t~'" west at Barwick Road. If another connection were determined to be necessary, logical alignment would be to connect the existing Davis Road to coral Trace Boulevard all of through the north end of the 'rate prOpeo~bY~a nTeh~ Coral Trace development has already which recently been platted, and no right-of-way was i during that process. Therefore, the right-of-way would have to be obtained from the 'rate property, obtained site plan approval without that dedication. In addition, right-of-way would have to be obtained from properties located between the sudan subdivision and the Tale property to connect with Davis Road at owens-Baker Road. The connection of these roads would perhaps provide a convenience for persons would result in a substantial increase in traffic seeking alternative access, however, it subdivisions, in addition, new subdivisions that volumes through established residential are currently proposed and/or under construction would be adversely affected by cut- through traffic. The connection woutd seem to be inconsistent with the City's efforts to stabilize its older subdivisions, and to create safe new housing opportunities. Attachments: vis Road Area n Sinai Property , Exhibit A- Location MaP--Da ~"-~-e Estates Identifyi g Temple · Exhibit B - Original Plat of Breezy m~u~ document3 DRI'v[ LAKE ANGLER DOLPHIN IDA SHOR£$ PLA ROA LAKE /DA PLAZA WAy CANAL WAY L-32 :P( NORTH DRIVE NOI. AND HIGH pOINT 0 F E LRAY HIGH POINT COURT H~GH POINT TERR OWENS BAKER ROAD 9`0? L SHAW TE'UCKING PALM TRAN SATELLITE-FACILITY N W 1ST ST sT TEMPLE SINAI CONGRESS SOUARE OTY OF D£LRAY BEACH. FL PLANNIN~ & ZONING (~PARTMENT - EXHIBIT a - PORTION OF DAVIS ROAD J '! ..:/.O"-' [lTV OF DELRR¥ BELIE# CITY ATTORNEY'S OFFICE DELRAY BEACH Ail.America City 1993 DATE: May 5, 2000 TO: City Commission 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561:'243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line 561/243-7091 MEMORANDUM FROM: Susan A. Ruby, City Attorney SUBJECT: Code Enforcement Liens Florida Statutes Chapter 162 provides that the Code Enforcement Board may authorize the city attorney to foreclose on a lien on non-homestead properties. If there is a mortgage recorded prior to a lien, any foreclosure would be subject to such an outstanding mortgage. Because the City Commission must approve litigation and the expenditure of funds, in the past we have sought the concurrence of the City Commission to foreclose on code enforcement liens. If you have any questions, please call. David T. Harden, City Manager Alison MacGregor Harty, City Clerk [ITY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH Ali4medca City 1993 DATE: May 5, 2000 TO: City Commission 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line. 561/243-7091 MEMORANDUM FROM: Susan A. Ruby, City Attorney SUBJECT: Code Enforcement Liens Florida Statutes Chapter 162 provides that the Code Enforcement Board may authorize the city attorney to foreclose on a lien on non-homestead properties. If there is a mortgage recorded prior to a lien, any foreclosure would be subject to such an outstanding mortgage. Because the City Commission must approve litigation and the expenditure of funds, in the past we have sought the concurrence of the City Commission to foreclose on code enforcement liens. If you have any questions, please call. CC: David T. Harden, City Manager Alison MacGregor Harry, City Clerk