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11-07-06 Agenda Reg ~8fe; City of Delray Beach Regular Commission Meeting ~"'( 0 i)'"", JC" ; ~ '~'\'J',.~ ~4 )-' ~,., =:::J Tuesday. November 7. 2006 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Dekay 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: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 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 Smith at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . October 17, 2006 - Regular Meeting 6. PROCLAMATIONS: A. Recognizing and Commending Thomas E. Lynch 7. PRESENTATIONS: A. City of Delray Beach Residents' Academy Certificates - Janet Meeks B. Delray Beach Jaycees Fishing Tournament/Delray Citizens for Delray Police - Officer Jeffery Messer and Chris Reich C. Carolyn Gholston - Multi-Cultural Festival 8. CONSENT AGENDA: City Manager Recommends Approval. A. ACCEPTANCE OF RIGHT-OF-WAY DEED/120 NORTH SWINTON AVENUE: Approve and accept a right-of-way deed associated with the development of 120 North Swinton Avenue, located on the west side of North Swinton Avenue between N .E. 151 Street and N .E. 2nd Street, within the OSSHAD (Old School Square Historic Arts District). B. RESOLUTION NO. 64-06 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/118% SOUTHEAST 7TH AVENUE): Approve a tax exemption request for eligible improvements to 118% Southeast 7th Avenue, located in the Marina Historic District; and approve Resolution No. 64-06. C. RESOLUTION NO. 71-06: Approve Resolution No. 71-06 assessing costs for abatement action required to remove nuisances on ten (10) properties throughout the City. 11-07-2006 - 2 - D. CHANGE ORDER NO.1 (CONTRACT ADDITION)/CHAZ EQUIPMENT COMPANY. INC.: Approve Change Order No.1 (Contract Addition) in the amount of $60,550.00 to Chaz Equipment Company, Inc. for modifications to the sodded swale; and additional modifications to the asphalt trench restoration, as requested by Florida Department of Transportation (FD01) , for the A-I-A Water Main Improvements Project. Funding is available from 442-5178-536-65.27 (Water/Sewer Renewal and Replacement Fund/State Road AlA, E. Atlantic/Pelican). E. CHANGE ORDER NO.3 (CONTRACT ADDITION.}/CHAZ EOUIPMENT COMPANY. INC.: Approve Change Order No.3 (Contract Addition) in the amount of $58,110.00 to Chaz Equipment Company, Inc. for an additional water main extension and additional work required for the Old School Square utility relocates associated with the S.E./N.E. 1st Street One Way Project. Funding is available from 442-5178-536-65.88 (Water/Sewer Renewal & Replacement Fund/Other Improvements/S.E./N.E. 1st Street One Way Pair) and 442-5178-536-63.29 (Water/Sewer Renewal & Replacement Fund/Improvements Other/OSS Sanitary Sewer). F. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENT/JOHNSON-DAVIS, INC.: Approve Change Order No. l/Final (Contract Closeout) in the amount of a $68,274.95 decrease and final payment in the amount of $106,328.05 to Johnson-Davis, Inc. for the completion of the Lake Worth Drainage District (LWDD) L-33 Canal Box Culvert Extension Project. Funding is available from 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks). G. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENT /ROSSO PAVING & DRAINAGE/INTRACOASTAL PARK PROJECT: Approve Change Order No. l/Final (Contract Closeout) in the amount of $17,462.12 and final payment in the amount of $28,311.06 to Rosso Paving & Drainage, Inc. for completion of the US 1 Turn Lane at Intracoastal Park Project. Funding is available from 334-4174-572-68.10 (General Construction Fund/Intracoastal Park US 1 Turn Lane). H. SERVICE AUTHORIZATION 14.2/CURRlE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 14.2 in the amount of $17,105.00 to Currie Sowards Aguila Architects for additional services required for the repair of the existing sea wall associated with the Intracoastal Park, Florida Inland Navigational District (F.I.N.D.) Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/Other Improvements). I. SERVICE AUTHORIZATION NO. 3.1 /KIMLEY-HORN: Approve Service Authorization No. 3.1 in the amount of $358,193.00 to Kimley-Hom and Associates, Inc. for professional consulting services required for the proposed redevelopment of the Miller Park playing fields and appurtenances. Funding is available from 380-4150- 572-63.23 (parks & Recreation Bond Fund/Neighborhood Parks). 11-07-2006 - 3 - .}',. J. SANDOWAY PARKING LOT/COMMUNITY CHILD CARE CENTER FUNDRAISER: Approve a request from the Community Child Care Center for the exclusive use of the Sandoway Parking Lot on February 21, 2007 to accommodate their annual "Foundation of Friends Luncheon" and waive the enforcement of parking meter fees for that day. K. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $34,125.00 to M & A Builders, LLC. (609 S.W. 8th Avenue). Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). L. RESOLUTION NO. 70-06/FLORlDA DEPARTMENT OF TRANSPORTATION (FDOT)/LANDSCAPE IMPROVEMENTS: Approve a Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOl) for landscape improvements on A-I-A between Linton Boulevard and George Bush Boulevard; and approve Resolution No. 70-06. M. RELEASE AND TERMINATION OF EASEMENT/CRAIGE FURNITURE COMPANY: Approve a Release and Termination of Easement with Craige Furniture Company for the public ingress, egress and parking, dated December 12, 1995. N. SPECIAL EVENT REOUEST /HOLIDAY PAGEANT PARADE: Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 9, 2006 beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to N.W. 1st Avenue; Miramar and Lowery for parade set up from approximately 4:00 p.m. to 6:00 p.m.; and authorize staff support for traffic control and security, EMS assistance, barricade set-up/removal, trash removal/clean up, and processing of the FDOT permit. O. SPECIAL EVENT REOUEST/ HOLIDAY TREE LIGHTING/ART & JAZZ ON THE AVENUE: Approve and endorse the Holiday Tree Lighting and Art & Jazz on the Avenue scheduled for November 30, 2006 from 5:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to N.E. 7th Avenue, S.E. 7th Avenue from the north side of Brisca Atlantica property to the north side of the Brisca Atlantica parking lot entrance, the alley north of Atlantic Avenue between N.E. 2nd Avenue and Railroad Way, Railroad Way from Atlantic to the alley just north of Atlantic, N.E. 2nd Avenue from Atlantic Avenue to the alley and the Tennis Center parking lot; and authorize staff support for security and traffic control, banner hanging/removal, barricade set- up/removal, trash removal, clean up assistance, and use/set up of City Stages. P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 16,2006 through November 3, 2006. 11-07-2006 - 4 - Q. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Sports Turf One, Inc. in the amount of $15,960.00 for improvements to Pompey Park Ball fields 2 and 3. Funding is available is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). 2. Purchase award to Wesco Turf Supply, Inc. in the amount of $16,258.97 via the Florida State Contract #515-630-06-1 for the purchase of one (1) Toro Groundmaster 7200 mower with a protection plus warranty for the ESD Utility Maintenance Division. Funding is available from 442-5178-536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment). 3. Purchase award to Poolsure in the amount of $53,265.30 for the purchase and delivery of Sodium Hypochlorite. Funding is available from 441-5123-536- 52.21 (Water/Sewer Fund/Chemicals). 4. Purchase award to Otto Waste Systems in the amount of $150,000.00 for the purchase of hot stamped garbage carts with lids and wheels. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). 5. Purchase award to PVS Technologies in an estimated amount of $105,000.00 for the purchase and delivery of Liquid Ferric Chloride for the Water Treatment Plant for the period of October 1,2006 to March 31,2007. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 6. Purchase award to Praxair Inc. in an estimated cost of $66,000.00 for the purchase and delivery of Liquid Carbon Dioxide (Co2) for the Water Treatment Plant. Funding is available from 441-5122-536.52.21 (Water/Sewer Fund/Chemicals). 7. Purchase award to Duval Ford in the amount of $34,951.00 via the Florida Sheriffs Association Contract #06-14-0821 for one (1) 2007 Ford F-350 Pickup Truck 4X2 for the Utility Maintenance Division. Funding is available from 441- 5161-536-64.20 (Water/Sewer Fund/Automotive). 8. Purchase award to Duval Ford in the total amount of $268,697.00 via the Florida Sheriffs' Association Contract #06-14-0821 for the purchase of eleven (11) new take home police vehicles. Funding is available from 001-2117-521- 64.20 (General Fund/Automotive), 001-2119-521-64.20 (General Fund/Automotive) and 001-2121-521-64.20 (General Fund/Automotive). 9. Lease agreement with Ikon Office Solutions in the amount of $17,847.36 over a three (3) year term via the Miami-Dade Contract #114DD11 for the lease of a Ricoh Aficio MP5500 Digital Copier for the Police Department. Funding is available from 001-2113-521-44.30 (General Fund/Equipment). 10. Contract award to Advanced Data Processing, Inc. in the amount of $87,000.00 for outsourcing the EMS billing for FY 2006 - 2007. Funding is available from 001-2311-522-34.90 (General Fund/Other Contractual Services). 11-07-2006 - 5 - 9. REGULAR AGENDA: A. CONDITIONAL USE EXTENSION REOUEST / A VENUE EAST (FKA GROVE SQUARE): Consider an extension request for two (2) conditional use approvals which allow a building height in excess of 48 feet (54' 3" approved) and residential units in excess of 30 units per acre (38.2 du/ ac approved) for Avenue East (fka Grove Square), located at the northeast comer of S.E. 1st Street and S.E. 2nd Avenue. (Quasi-Judicial Hearing) B. WAIVER REQUEST/WESTERN/SENIOR COMMUNITY CENTER: Consider a request for waiver of Land Development Regulations (LDR) Section 4.6.9(D)(3)(a)[Driveway Width] and Section 4.6.9(D)(3)(c)(1)[Stacking Distance] associated with the Class V Site Plan for the Western/Senior Community Center located at the northwest comer of Congress Avenue and Lake Ida Road. (Quasi- Judicial Hearing) C. REOUEST FOR IN-LIEU PARKING SPACES/ATLANTIC COFFEE AND TEA: Consider a request from Adantic Coffee and Tea for the purchase of two (2) in- lieu parking spaces in the amount of $31,200.00. Atlantic Coffee and Tea is located in the Adantic Antique Mall at 504 East Atlantic Avenue. (Quasi-Judicial Hearing) D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the rehabilitation of 133 N.W. 5th Avenue. Funding is available from 118-1932-554-83.06 (Community Development Fundi (HHRP) Hurricane Housing Recovery Program). E. AGREEMENT /FLORlDA INLAND NAVIGATION DISTRICT (F.I.N.D): Consider approval of a project agreement between the City and Florida Inland Navigation District (F.I.N.D.) for a grant in the amount of $688,420.00 for the Intracoastal Park (MSA 650) Project. F. RESOLUTION NO. 66-06: Consider approval of Resolution No. 66-06 authorizing the issuance of Water and Sewer Bonds (Series 2006B) in the aggregated amount of $2,350,000.00 and authorizing the sale of such bonds to Sun Trust Bank at a rate of 3.98% for a term of 15 years. G. DECORATIVE STREET LIGHTS ALONG PUBLIC BEACH/SR AlA (LINTON BOULEVARD TO GEORGE BUSH BOULEVARD): Consider approval of the installation of Lumec Domus Series DMS50 luminaries as the decorative street lights along the public beach on SR A lA (Linton Boulevard to George Bush Boulevard). H. AGREEMENT /HEAD START: Consider conceptual approval of terms of Lease Purchase Agreement with Palm Beach County for Delray Beach Head Start. 11-07-2006 - 6 - 10. PUBLIC HEARINGS: A. RESOLUTION NO. 67-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST. INC.: Consider approval of Resolution No. 67-06 authorizing the City to transfer/sell three (3) City owned properties, located at 802 S.W. 3rd Street, 1012 N.E. 3rd Avenue and 119 S.W. 9th Avenue, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $30.00. B. WAIVER OF BIDDING REOUIREMENTS/POMPEY PARK EXPANSION PROJECT: Consider approval of waiving the requirements contained in Chapter 36, "Finance; City Property Transactions", of the Code of Ordinances, for the Pompey Park Expansion Project. 1. CONTRACT AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION. INC.: Consider approval of a contract award to Randolph and Dewdney Construction, Inc. in the amount of $1,166,884.60 for the Pompey Park Community Center Improvements Project. Funding is available from 380-4150-572-62.61 (2004 G.O. Bond/Pompey Park Expansion). C. ORDINANCE NO. 60-06: Amending Section 10.99, "General Penalty," of the Code of Ordinances by adding Civil Citations under Section 37.45 as an Enforcement method adopted by the City. D. ORDINANCE NO. 61-06: Amending Section 52.03, "Use of Water from Hydrants," of the Code of Ordinances to provide for an increase in the security deposit for hydrant meters and to also provide for a nonrefundable installation/removal fee to cover the cost of City employees installing and removing the hydrant meter. 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. 12. FIRST READINGS: A. ORDINANCE NO. 62-06: Amending Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinances by repealing it in its entirety. If passed, a public hearing will be scheduled for November 21, 2006. B. ORDINANCE NO. 63-06: Amending Chapter 110, "Occupational Licenses Generally", by re-naming "Occupational Licenses" to "Local Business Tax Receipts", in accordance with recent state law changes. If passed, a public hearing will be scheduled for November 21,2006. 11-07-2006 - 7 - C. ORDINANCE NO. 64-06: Privately initiated amendment to the Land Development Regulations Section 4.3.4(H)(6)(a) to eliminate the requirement for a building setback of 64 feet along N.E. 4th Street/Lake Ida Road between Swinton Avenue and N.E. 6th Avenue. If passed, a public hearing will be scheduled for November 21, 2006. D. ORDINANCE NO. 67-06: Amending Section 99.04, "Loud and Unnecessary Noises and Enumerated; Exemptions", Subsection 99.04(A)(6), "Construction" of the Code of Ordinances to clarify the time that this subsection applies in Single Family Zoning Districts. If passed, a public hearing will be scheduled for November 21,2006. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: NOVEMBER 3, 2006 11-07-2006 - 8 - OCTOBER 17. 2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 17,2006. 1:. Roll call showed: Present - Commissioner Rita Ellis Commissioner Fred Fetzer Commissioner Jon Levinson Commissioner Brenda Montague Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Douglas E. Smith, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. Sinai. The opening prayer was delivered by Rabbi Chaim Wender with Temple 3. gIVen. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman stated there is a request from staff to move Item 8.1., Service Authorization No. 1.3/Kimlev-Horn and Associates. Inc. of the Consent Agenda to the Regular Agenda as Item 9.A.1. Also, he stated there is additional information for Item 9.G., Shuttle Service Marketine and Graphics Plan. Mayor Perlman stated there is a request from Michael Weiner requesting postponement of Item 9.B., Conditional Use Extension/Avenue East (fka Grove SQuare). to a date certain of November 7,2006. He noted the addition of Item 8.Q., Refund/Jean Louis Saint Fort and Josette Saint Fort. by addendum. 10/17/06 Mrs. Ellis moved to approve as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular City Commission Meeting of October 3, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. Mrs. Montague moved to approve the Minutes of the Workshop Meeting of October 10, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Familv Literacv Month - November 2006 Mayor Perlman read and presented a proclamation hereby proclaiming November 2006 as Family Literacy Month. Dr. Debra Kaiser, Chair of the Education Board came forward to accept the proclamation. Janet Meeks, Education Coordinator, came forward to present books and bookmarks to the Commission. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 35-06: Recognizing and commending Jack Ceasar for 35 years of dedicated service to the City of Delray Beach The caption of Resolution No. 35-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JACK CEASAR FOR THIRTY-FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRA Y BEACH. (The official copy of Resolution No. 35-06 is on file in the City Clerk's office. ) Mrs. Ellis moved to approve Resolution No. 35-06, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote. -2- 10/17/06 7.B. Reco!mizine and Commendine the Delrav Beach Police Department Vice. Intellieence and Narcotics Section for receivine the Statewide Unit Citation Award Mayor Perlman recognized and commended the Delray Beach Police Department Vice, Intelligence and Narcotics Section for receiving the Statewide Unit Citation Award. Thomas Mitchell, Unit Commander, gave a few brief comments and thanked the City Commission for this award. Mayor Perlman recognized Tina Heysler for becoming the first female captain in the Delray Beach Police Department's history. He also recognized Tony Strianese and Craig Hartmann who were both recently promoted to Major. 7.C. Recoenizine and Commendine the City of Delrav Beach for receivine the Gold Medalist Partner in Education Award - Jerry Crocilla. Academv Coordinator Jerry Crocilla, Academy Coordinator with Atlantic High School, stated for over eight years the City of Delray Beach has partnered with both Atlantic High School and Morakami Park Elementary School. Mr. Crocilla stated the City of Delray Beach donated a vacant lot to the Eagle Nest Program (Atlantic High School Construction Academy). The Delray Beach Community Improvement Department financed the Eagle Nest with a two (2) year 0% interest construction loan for $150,000.00 and this partnership has been presented at conferences such as the Florida School Board Association and the Florida Association of Partners in Education. Mr. Crocilla stated Eagle Nest was recently selected by five schools out of twenty ($10,000.00 per school) to have the Delray Beach/Eagle Nest model for other construction education programs in the State of Florida. Mayor Perlman stated there were lots of people who were nominated for these awards and commented to receive a gold medal in a County this size is a real testament to what we have done over a 15-20 year period. He stated this has really become a part of Delray's culture to be supportive of its schools. He stated this is the place that principals and teachers want to be because of the support. Mayor Perlman thanked the members of the Education Board (Dr. Debra Kaiser, Sandy Tobias, Peggy Murphy, and Linda Hunter) along with Janet Meeks, Education Coordinator and Lula Butler, Director of Community Improvement for making a profound difference in the lives of thousands of children. 7.D. "Spotlieht on Education" - Audra Marks. CEO of New Innovations Janet Meeks, Education Coordinator, gave a brief video presentation of the Year in Review. - 3 - 10/17/06 Dr. Debra Kaiser thanked the outstanding group of volunteers and recognized the Education Board members. She stated 9,000 children attend our schools in Delray Beach (public and private) and noted the Education Board began last year with three new platforms (i.e. literacy, parental involvement, and increasing community partnership). Dr. Kaiser briefly discussed five major things they are working on this year: (1) summer learning, (2) Carver Middle School has had a literacy program for the last three years and they hope to give them greater support through library programming, (3) parental involvement and mentoring initiative, (4) complete a needs assessment for a second Beacon Center, (5) determine the participation rates and the potential barriers to the new Pre-K Program so that all children will have a jump-start in literacy. Audra Marks, CEO of New Innovations, stated she develops educational programs and uses a very unique approach using arts integration. She infuses music, movement, innovative activities (brain-based techniques). She gave a brief PowerPoint presentation outlining the progress of the children in summer camp (June-August 2006). Ms. Marks stated the summer learning program focused on math and literacy. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/ATLANTICA DELRA Y: Approve the final subdivision plat for Atlantica Delray, located between N.E. ih Avenue and N.E 6th Avenue (northbound Federal Highway), approximately 150 feet north of George Bush Boulevard. 8.B. REOUEST FOR SIDEWALK DEFERRAL/217 AND 223 NORTHWEST 15th AVENUE: Approve a request to defer the installation of a sidewalk in front of 217 Northwest 15th Avenue and 223 Northwest 15th Avenue. Staff recommends approval. 8.C. REOUEST FOR SIDEWALK DEFERRAL/2220 WEST PINE RIDGE COURT: Approve a request to defer the installation of a sidewalk in front of 2220 West Pine Ridge Court. Staff recommends approval. 8.D. ACCEPTANCE OF RIGHT-OF-WAY DEEDfMAROONE FORD: Approve and accept a right-of-way deed associated with the Maroone Ford Overflow Parking Lot located at 1620 Wallace Drive. 8.E. CORRECTED CHANGE ORDER NO. 4 (CONTRACT CLOSEOUT)IFINAL PAYMENTIRANGER CONSTRUCTION INDUSTRIES. INC.l2005 STREET RESURFACING PROJECT: Approve Corrected Change Order No.4 (Contract Closeout) in the amount of a $55,020.25 decrease and final payment in the amount of $17,623.16 to Ranger Construction Industries, Inc. for completion of the 2005 Street Resurfacing Project to split the funding between 334-3162-541-61.17 (General Construction Fund/2005 Resurfacing) for $2,500.00 and 551-1575-591-45.50 (Insurance Fund/Property Claims) for $15,123.16. - 4- 10/17/06 8.F. SERVICE AUTHORIZATION NO. 3.2/MATHEWS CONSULTING. INC.: Approve Service Authorization No. 3.2 to Mathews Consulting, Inc. in the amount of $19,907.00 for performing construction administration; specialty, substantial, and final inspections; review of as-built drawings; and coordination of the Palm Beach County Health Department (PBCHD) Water Main Certification for the Country Club Acres Infrastructure Improvements Project. Funding is available from 448-5461-538- 65.86 (Storm Water Utility Fund/Country Club Acres). 8.G. SERVICE AUTHORIZATION NO. 1.3/CH2M HILL. INC.: Approve Service Authorization No. 1.3 for CH2M Hill, Inc. (Amendment No. 3 to Service Authorization No.1) in the amount of $20,000.00 for professional services related to the Aquifer Storage and Recovery Well. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement/Other Repair & Maintenance Costs). 8.H. CONTRACT AWARDS/SERVICE AUTHORIZATION NO. l/CURRIE. SOWARDS. AGUILA ARCHITECTS: Approve a contract award and Service Authorization No.1 in the amount of $221,500.00 to Currie, Sowards, Aguila Architects for professional consulting services related to the replacement of Fire Station #4 on Lake Ida Road at Barwick Road. Funding is available from 334-6112-522-62.88 (General Construction Fund/Fire Station #4). 8.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. 8.J. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Interlocal Agreement between the City and Palm Beach County for the design and installation of pedestrian countdown signals at the intersections of northbound US 1 (Federal Highway) at East Atlantic Avenue and southbound US 1 (Federal Highway) at East Atlantic Avenue. Funding is available from 334-3162-541-64.57 (General Construction Fund/Pedestrian Countdown Signals). 8.1(. PROPOSAL FOR HOLIDAY PROJECT/YOU ARE NOT ALONE ORGANIZATION: Approve the Holiday Project proposed by the You Are Not Alone Organization as discussed at the October 10, 2006 Workshop and provide funding up to $5,000.00 for mailing packages to armed service personnel. Funding is available from 001-6311-562-99.99 (General Fund/Other Non-Operating). 8.L. REVISION/HURRICANE HOUSING ASSISTANCE PLAN (HHAP): Approve a technical revision to the Hurricane Housing Recovery (HHR) Program, Hurricane Housing Assistance Plan (HHAP) for Fiscal Years 2005-2008. 8.M. REQUEST FOR PROPOSAL/SINGLE HEAD AND MULTI SPACE METERING SYSTEMS: Approve the Request for Proposal (RFP) for the purchase, installation, and maintenance of single head and multi space meters to convert the existing metering system currently in place east of the Intracoastal Waterway. - 5 - 10/17/06 S.N. ACCESS AGREEMENTILION TELEVISION: Approve an access agreement between the City of Delray Beach and Lion Television for access to the Police Department and SWAT Unit for filming ofthe television show, SWAT USA. S.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 2, 2006 through October 13, 2006. S.P. AWARD OF BIDS AND CONTRACTS: 1:. Bid award to Bermuda Landscape and Design, Inc. in the amount of$59,928.00 for tree and plant replacement and stump removal at the Tennis Center. Funding is available from 001-4215-575-63.20 (General FundlLandscapinglBeautification). 2. Approve Requisition #128779 with RLS Lighting, Inc. in the amount of $15,968.00 for the purchase of sixteen (16) aluminum litter containers with fiberglass liner and lids. Funding is available from 433-3711-534-49.90 (Sanitation Fund/Other Current Charges/Obligations). 3. Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton, Florida/Pierce Manufacturing, Inc. in the amount of $424,599.00 for the purchase of one (1) 2007 Pierce Manufacturing, Inc. Pumper for the Fire Department. Funding is available from 501- 3312-591-64.25 (Central Garage Fund/Heavy Equipment). 4. Purchase award to Hall-Mark Fire Apparatus of Ocala, Florida in the amount of $208,184.47 via the Florida Sheriffs Association, Bid #05-06-0823 for one (1) 2007 Horton Rescue Transport Unit for the Fire Department. Funding is available from 501-3312-591- 64.25 (Central Garage Fund/Heavy Equipment). 5. Purchase award to Sungard H.T.E., Inc. in the amount of $117,480.00 for the purchase of H.T.E. Mobile Data Browser Software replacing the existing Motorola Mobile Data Software. Funding is available from 334-6111-521-66.10 (General Construction Fund/Software). ~ REFUND/JEAN LOUIS SAINT FORT AND JOSETTE SAINT FORT: Approve a request to refund an escrow deposit of $5,000.00 to Jean Louis Saint Fort and Josette Saint Fort for property located at 802 S.W. 3rd Street. Mrs. Ellis moved to approve the Consent Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. - 6 - 10/17/06 9. REGULAR AGENDA: 9.A.1. SERVICE AUTHORIZATION NO. 1.3/KIMLEY-HORN AND ASSOCIATES. INC.: Approve Service Authorization No. 1.3 in the amount of $197,085.00 to Kimley-Horn and Associates, Inc. for professional consulting services related to the improvements of the City's Soccer Complex at the old Atlantic High School site. Funding is available from 380-4150-572-63.49 (Parks & Recreation Bond Fund/Soccer Complex). The City Attorney stated staff would like to put a definite completion date. Richard Hasko, Director of Environmental Services, stated he was not able to get a written response from Kimley-Horn for tonight's meeting and noted that it will be approximately 90 to 120 days. Prior to the vote, brief discussion between Commissioner Levinson and staff followed regarding the CM at Risk. Mrs. Ellis moved to approve Service Authorization No. 1.3 with Kimley- Horn subject to authorizing a completion date of ninety (90) days, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:47 p.m., the Commission moved to Item 9.A. 9.A. REQUEST FOR IN-LIEU PARKING SP ACESILEMONGRASS RESTUARANT: Consider a request from Lemongrass Restaurant for the purchase of two (2) in-lieu parking spaces in the amount of $31,200.00. Lemongrass Restaurant is located at 420 East Atlantic A venue. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson stated he had a conversation with Mr. Mankoff. Mrs. Montague stated she met with Mr. Mankoff as well as the applicant. Mayor Perlman stated he met with Mr. Mankoff and Mr. Weiner. Mrs. Ellis stated she met with Mr. Mankoff and Mr. Weiner. Mr. Fetzer stated he met with Mr. Weiner. - 7 - 10/17/06 Scott Aronson, Parking Management Specialist, stated Lemongrass Restaurant is located at 420 East Atlantic Avenue and they have submitted a Class III site plan modification for the conversion of a 505 square feet of retail area to restaurant leaving a portion of the retail bay and the storage and restroom facilities and office for the retail will remain in the rear of the bay. He displayed the floor plan (i.e. existing and proposed) of the restaurant. Mr. Aronson stated Section of 4.4.13(G) of the Land Development Regulations (LDR) for the proposed conversion requires that parking be provided for the area being converted by calculating the difference between the parking requirement for retail, (1 space per 300 square feet or 1.68 spaces), and restaurant, (6 spaces per 1,000 square feet or 3.03 spaces). The proposed conversion will require the provision of two (2) parking spaces. The current fees in the area are $15,600.00 per space, resulting in a total in-lieu fee of$31,200.00. Mr. Aronson referenced a rectangular item on the site plan is a floor to ceiling screening that will separate the two and staff expressed concern that there is really no clear separation. It is noted that the Downtown Cluster Study commissioned by the Downtown Development Authority (DDA) raises a concern about the conversion of use from retail to restaurant. Staff supports this position that this conversion of use would be a detriment to what the Cluster Study calls for which is maintaining retail along Atlantic Avenue. At its meeting of September 11, 2006, the Downtown Development Authority (DDA) recommended denial of the applicant's request with a 3 to 2 vote with one member abstaining; at its meeting of September 12, 2006, the Parking Management Advisory Board recommended approval of the applicant's request with a 6 to 2 vote (Cox and Stevens dissenting); at its meeting of September 21, 2006, the Community Redevelopment Agency (CRA) unanimously recommended approval of the applicant's request. Staff recommends denial of the request from Lemongrass Restaurant to purchase two (2) in-lieu parking spaces to accommodate a proposed conversion of use of 505 square feet of retail space to restaurant. Jason Mankoff. 102 N. Swinton Avenue. Delrav Beach. representine: the applicant. stated the restaurant is very narrow and small and the applicant is looking to expand the restaurant slightly. He stated the applicant receives many requests to hold private parties at this facility and he cannot accommodate people the way the restaurant is laid out. The proposed seating area will be used for regular dining but it will also be closed off for private parties. He stated without the successful restaurant there first and without a destination for people in the area, they are not really going to go to the retail. He stated the Cluster Study supports their application. Mr. Mankoff referenced an article in USA Today and commented that Lemongrass was one of three restaurants mentioned and he believes that we should do everything to try and promote the restaurant and referenced an article from the Daily Business Review. Mr. Mankoffread a statement into the record from the Downtown Cluster Study and the Delray Beach Downtown Master Plan. - 8- 10/17/06 Georee Brewer. Architect. stated with respect to the Downtown Cluster Study the retail aspect of this bay has been retained. The retail lighting will be much brighter and briefly described what the project will look like. Mr. Brewer stated they have tried to keep in the flavor of the Cluster Study and at the same time make an expansion to an existing restaurant that is successful and needs more indoor dining. He reiterated that with regard to the retail aspect of it, through lighting and some visual affects that are going to be used the retail is going to be retained one hundred percent (100%). Mayor Perlman stated if anyone would like to speak in favor or III opposition ofthe in-lieu request, to please come forward at this time. Bruce Gimmy. 439 E. Atlantic Avenue. Delray Beach (merchant on the Avenue across the street from this proiect) stated he worked with Chris Brown on the Parking Study Committee when he first came to town. He stated restaurants are a big part of the renaissance in Delray Beach which he supports; however, the Cluster Study let's us know that we have hit the saturation point. Mr. Gimmy stated this year three restaurants in the 400 block went out of business. He suggested that if you need more space take one of the restaurants that are going out of business and move to a larger spot. He feels restaurants should be allowed to have an awning out to the curb not only for the sunshine but also for when it rains. Mr. Gimmy stated we need representation of people who know what is going on downtown. There being no one else who wished to address the Commission regarding the in-lieu request, the public hearing was closed. The following individual gave a rebuttal: Scott Aronson, Parking Management Specialist, stated this area (frontage being maintained as retail) could serve as a waiting area for the restaurant. Secondly, the passage/opening is available for people in the retail shop to use the restroom. Mr. Aronson stated the City Code reads that the requirement for parking in the CBD (Central Business District) is six (6) spaces per 1,000 square feet of total floor area. Jason Mankoff. Attorney with Weiner & Aronson. P.A.. stated he appreciates Mr. Gimmy's comments and noted this is a difficult area to make it on Atlantic Avenue. Mr. Mankoff stated this is not a new restaurant but this is an expansion of a restaurant. The City Attorney stated there is no Board Order for this; however, there is a finding that the Commission approves the two (2) in-lieu spaces because it is inappropriate to provide such parking. Mrs. Ellis moved to approve the two (2) in-lieu spaces because it is inappropriate to provide such parking, seconded by Mr. Fetzer. - 9 - 10/17/06 Prior to the vote, Mrs. Montague asked if the ceiling to floor separation is a permanent structure. Mr. Brewer stated it is a permanent structure. Mrs. Montague asked if there are outdoor tables now. Mr. Mankoffstated there are outdoor tables in front of both bays. Mrs. Montague asked how the general public gets into the retail space. Mr. Brewer stated from the same entrance that they have now. Mayor Perlman asked what the hours of operation are for the restaurant. Art, owner of Lemongrass Restaurant, stated the restaurant will open around 12:00 noon and close on the weekends at 11 :30 p.m. Mrs. Montague stated the only condition she expressed concern over is making sure the restaurant space takes up two 500 square feet of space and wants to ensure that the wall does not get moved and that retail space gets expanded. She expressed concern that because this is interior space it will become a Code Enforcement issue. Mr. Mankoff stated the applicant is going to keep 505 feet as restaurant and the front as retail. Mrs. Montague stated she would like it to read ''up to 505 square feet of space and making sure that the separation wall is a permanent structure". Mrs. Ellis stated this reminds her of the Bank United vote. She sees this as a waiting area for the restaurant and feels it should be included in the square footage for the in-lieu. She stated it is a great restaurant; however, she feels the expansion is into the entire bay and is truly not a separate retail establishment. Mr. Fetzer inquired about the parking requirements. Mr. Aronson stated this would increase the parking to four in-lieu parking spaces (the entire 1,500 square foot bay). Mr. Levinson stated he would rather have the applicant pay for the two (2) spaces and be limited in the size so that the front would remain retail instead of giving the applicant the four (4) spaces which would enable them to turn the entire thing into restaurant because he feels there is value to having the retail up front. Mayor Perlman concurs with comments expressed by Mr. Levinson. Mayor Perlman stated he disagrees with Mr. Gimmy's comments about the characterization of the CRA Board members not knowing what is going on downtown. Mr. Levinson commented about a letter from Hand's and other retailers who support this. He stated that Hand's does not open in the evening. Mrs. Montague stated she will support the in-lieu request subject to the three (3) conditions: (1) making sure the wall separating the retail from the restaurant is permanent, (2) making sure the restaurant area is maintained and that it not exceed 505 square feet of restaurant space, and (3) making sure there is general public access to the retail. Mr. Mankoff stated the applicant agrees to all three conditions. - 10- 10/17/06 The motion was amended to include the three (3) conditions recommended by Mrs. Montague. Mrs. Ellis moved to approve the two (2) in-lieu spaces subject to the three conditions, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - No; Mr. Fetzer - Yes. Said motion passed with a 4 to 1 vote, Commissioner Ellis dissenting. 9.B. THIS ITEM HAS BEEN POSTPONED TO A DATE CERTAIN OF NOVEMBER 7.2006. At this point, the time being 7:21 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. to. PUBLIC HEARINGS: to.A. ORDINANCE NO. 58-06: Privately initiated amendment to the Land Development Regulations Section 4.6.9(E) to provide credit towards required parking for the developers constructing new on-street public parking in adjacent rights-of-way. 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. 58-06 is as follows: ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.9(E), "LOCATION OF PARKING SPACES"; SUBSECTION 4.6.9(E)(I) AND (2) TO PROVIDE CREDIT TOWARDS REQUIRED PARKING FOR THE CONSTRUCTION OF NEW ON-STREET PUBLIC PARKING IN ADJACENT RIGHTS-OF-WAY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 58-06 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. - 11 - 10/17/06 Scott Aronson, Parking Management Specialist, stated this is a privately initiated text amendment that is proposed by New Urban Communities and this ordinance recommends that (1) the developers can get credit for newly constructed on-street parking spaces in a public right-of-way and (2) across the street from the right-of-way within the boundaries as extended from the property lines they can also construct new parking spaces and get credit if adjacent to waterways, railways, parks and other public open space. This proposal from the developer was one hundred percent (100%) credit for the spaces. Staffs recommendation was for a fifty percent (50%) credit and at the first reading the City Commission recommended approval of Ordinance No. 58-06 changing the fifty percent (50%) to one hundred percent (100%) credit and as staff recommended eliminating the allowance of those credited spaces in front of parks or other public open space. Mr. Aronson stated the West Atlantic Redevelopment Coalition (W ARC) and the Community Redevelopment Agency (CRA) both recommended approval of the applicant's request as proposed. The Pineapple Main Street Board (PMSB), the Parking Management Advisory Board (PMAB), and the Planning and Zoning Board (P&Z) approved staffs recommendation and the Downtown Development Authority (DDA) also recommended approval of staffs recommendation but had concerns with a maximum of the percentage of credit towards the required parking that could be used and they wanted to see streetscapes and sidewalks. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 58-06, the public hearing was closed. Jeff Costello. 398 N.E. 6th Avenue. Delrav Beach. New Urban Communities. stated at the first reading of the ordinance the positive recommendations were made with regard to the consistency with the Master Plan, the aspect of providing the shared parking and providing additional on-street parking. Mr. Costello stated the incentives regarding parking primarily impact the one block north and south of Atlantic Avenue where the reduced parking is available. He stated if you are within 600 feet of a garage they are primarily within the corridor and to provide this incentive as you move away from the downtown corridor, encourage the on-street parking and provide credit for that. Brief discussion by the Commission followed. Mr. Fetzer moved to adopt Ordinance No. 58-06 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. to.B. RESOLUTION NO. 63-06/CONTRACT PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCY (eRA): Consider approval of Resolution No. 63-06 authorizing the City to purchase property from thes - 12 - 10/17/06 Delray Beach Community Redevelopment Agency (CRA) for the construction of the Old School Square Parking Area, located west of Northeast 2nd Avenue and north of East Atlantic Avenue. The caption of Resolution No. 63-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRA Y BEACH, FLORIDA. (The official copy of Resolution No. 63-06 is on file in the City Clerk's office. ) Mayor Perlman declared a conflict of interest, passed the gavel to Vice Mayor Ellis, and stepped down from the dais. The City Attorney stated Resolution No. 63-06 adopts a contract for purchase of property from the Community Redevelopment Agency (CRA). This is the final pieces that will allow the City of Delray Beach to have the downtown park. The sale price is $1,168,368.00 and there is a $500,000.00 credit. The credit represents a portion of the agreed upon contribution from the CRA to the City of Delray Beach for the construction of a public parking garage. The closing is set for no later than December 30, 2006. Mr. Levinson moved to approve Resolution No. 63-06, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Vice Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. to.C. RESOLUTION NO. 65-06/2006 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT: Consider approval of Resolution No. 65-06 adopting the 2006 Comprehensive Plan Evaluation and Appraisal Report (EAR) and transmit the adopted report to the State of Florida Department of Community Affairs. The caption of Resolution No. 65-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FWRIDA, ADOPTING THE 2006 COMPREHENSNE PLAN EVALUATION AND - 13- 10/17/06 APPRAISAL REPORT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 65-06 is on file in the City Clerk's office.) Ron Hoggard, AICP, Senior Planner, stated this is the adoption of the Comprehensive Plan Evaluation and Appraisal Report (EAR). The City Commission reviewed a draft of the EAR at a public hearing on August I, 2006 and transmitted it to the State of Florida Department of Community Affairs (DCA) for initial review. This additional step affords an opportunity to address potential problems prior to adoption after which DCA performs a formal sufficiency review. DCA's initial review identified several areas, which relate mainly to the financial feasibility of the Plan and concurrency have been addressed. Changes were made to the Transportation Element, Public Facilities Element and Open Space and Recreation Element and Capital Improvement Element of Chapter 4 "Element Summaries" of the EAR. Vice Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 65-06, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 65-06 adopting the 2006 Comprehensive Plan Evaluation and Appraisal Report and transmit the adopted report to the State of Florida Department of Community Affairs (DCA), seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Vice Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to o vote. At this point, Commissioner Levinson stepped away from the dais. lO.D. ORDINANCE NO. 53-06: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", of the City Code of Ordinances by amending Section 101.24, "Traffic Regulations", to provide that overhead vehicles shall not be operated within 300 feet of the municipal beach except for hot air balloons, airplanes, jets and/or helicopters and motor vehicles shall not be driven on the municipal beach except for authorized uses. 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. 53-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH BY AMENDING SECTION 101.24, "TRAFFIC REGULATIONS", TO PROVIDE THAT OVERHEAD VEHICLES SHALL NOT BE - 14- 10/17/06 OPERA TED WITHIN 300 FEET OF THE MUNICIPAL BEACH EXCEPT FOR HOT AIR BALLOONS, AIRPLANES, JETS AND/OR HELICOPTERS AND MOTOR VEHICLES SHALL NOT BE DRIVEN ON THE MUNICIP AL BEACH EXCEPT FOR AUTHORIZED USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-06 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. Vice Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 53-06, the public hearing was closed. At this point, Mayor Perlman returned to the dais. Mrs. Montague moved to approve Ordinance No. 53-06 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. to.E. ORDINANCE NO. 55-06: City initiated amendment to the Land Development Regulations Article 1.3, "Nonconforming Uses, Lots, and Structures", of the Land Development Regulations, Section 1.3.6, "Repairs and Maintenance", to provide that if repairs are made to structures damaged by an act of God; Section 1.3.8 "Reconstruction Necessitated by an Act of God" shall apply. 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. 55-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING ARTICLE 1.3, "NONCONFORMING USES, LOTS, AND STRUCTURES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 1.3.6, "REPAIRS AND MAINTENANCE", TO PROVIDE THAT IF REPAIRS ARE MADE TO STRUCTURES DAMAGED BY AN ACT OF GOD, THEN SECTION 1.3.8, "RECONSTRUCTION - 15 - 10/17/06 NECESSITATED BY AN ACT OF GOD", SHALL APPLY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 55-06 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. Mayor Perlman declared the public hearing open. Arthur Tavlor. former owner of the Chrysler Dealership on Federal Hi2hwav now known as Maroone. owns the two blocks south of Geor2e Bush Boulevard. stated with the proposed changing of the zoning on it he would have non- conforming buildings. Mr. Taylor is requesting that commercial be included in this as well as residential. The City Attorney stated the commercial was not included in this and therefore the ordinance would have to be amended to include commercial. The City Attorney stated if the direction is to include commercial staff would bring another ordinance back amending the Act of God ordinance and include not only residential but commercial structures. It was the consensus of the Commission to pass this and bring back a new ordinance with this change. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Montague moved to approve Ordinance No. 55-06 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer- Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Levinson returned to the dais. H.A. City Mana2er's response to prior public comments and inauiries. The City Manager had no response to prior public comments and mqumes. H.B. From the Public. There were no comments from the public on non-agenda items. - 16 - 10/17/06 At this point, the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. SPECIAL EVENT REQUEST/RUN FOR MIRACLES/MILAGRO CENTER: Consider approval and endorsement of the 1 st Annual Run for Miracles sponsored by the Milagro Center to be held on January 6, 2007 from 7:00 a.m. to approximately 9:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-I-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for traffic control, barricade set- up/removal, trash removal and clean up, use of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian Drive to A-I-A from 8:00 a.m. until approximately 10:00 a.m. Mrs. Montague stepped away from the dais. Robert A. Barcinski, Assistant City Manager, stated this is the 1st Annual Run for Miracles sponsored by the Milagro Center to be held on January 6, 2007 from 7:00 a.m. to approximately 9:00 a.m. Staff is requesting approval of a temporary use permit for the closure and use of A-I-A from Casuarina to George Bush Boulevard and authorize staff support as requested for traffic control, barricading and clean up, use of small stage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Park as well as along Atlantic Avenue from Venetian to A-I-A from 8:00 a.m. until approximately 10:00 a.m. Mr. Barcinski stated a permit has been submitted by Evan Shulte (Atlantic High School student) coordinating this as a community service project. The estimated overtime cost for this event is $2,900.00, stage rental $265.00, and barricade rental $55.00. Staff recommends approval of the event pending a receipt of the Certificate of Insurance and Hold Harmless Agreement from the Milagro Center. Evan Shulte. a sophomore in the IB Proe:ram at Atlantic Hie:h School. stated this is a 5K run (same route as the Turkey Trot) and he is doing this to support the Milagro Center. He stated he has read numerous newspaper articles regarding the Milagro Center because they are a good charity. Mr. Shulte stated he selected the Milagro Center as the charity because they wanted to expand their facility and they need funds to do so. Therefore, Mr. Shulte stated he plans to donate the revenues from the run to the Milagro Center. Mrs. Ellis moved to approve the Special Event request for the Run for Miracles, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.D. REQUEST TO WAIVE CHARGES/GARLIC FEST 2007: Consider a request from Nancy Stewart to waive charges for the City services for the 2007 Garlic Fest being held on February 16, 2007 through February 18, 2007. Staff recommends denial. - 17 - 10/17/06 Robert A. Barcinski, Assistant City Manager, stated staff received a request from Nancy Stewart to waive charges for City services for the 2007 Garlic Fest. The total estimated costs for City staff overtime and rental charges for this event are $21,450.00. Per event policies and procedures, the event sponsor is responsible to pay approximately $8,350.00 for these costs. Staff is concerned this will set a precedent for other requests to waive City charges from other event sponsors. Ms. Stewart feels that the request is different since the Garlic Fest makes donations to other non-profit organizations for the time that volunteers work for the event. Staff recommends denial of the request to waive charges for City services for the 2007 Garlic Fest. Bern Ryan, Chief Financial Officer of the Delray Beach Arts, Inc. (Garlic Festival), briefly highlighted the Garlic Festival and commented that the Garlic Fest is based on the original Garlic Festival in Gilroy, California. Mrs. Ellis stated the Commission is setting a precedent but are supporting a sponsorship because of the economic impact and the contributions to our local charities. She stated she is willing to try this one time based on the information being provided at this time and she expects the City to get a return on their investment tenfold. Mr. Fetzer stated he would support this as a sponsorship for one year and re-evaluate it next year. Brief discussion continued between Mr. Ryan, Nancy Stewart, and the City Commission. Mrs. Montague moved to approve $8,350.00 as a one time sponsorship paid for by the fee waiver, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - No; Mrs. Montague - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. 9.E. REQUEST TO EXTEND CLOSING HOURS FOR SANDOW A Y AND MARRIOTT PARKING LOTS: Consider a request from Mark DeAtley to extend the closing hours at the Sandoway and Marriott parking lots on October 20, 2006 and on October 21, 2006 until 11 :00 p.m. to accommodate Boston's on the Beach 2ih Anniversary Party. Robert A. Barcinski, Assistant City Manager, stated staff received a request from Mark DeAtley, General Manager of Boston's on the BeachlUpper deck, for Boston's on the Beach 2ih Anniversary party to be held on Friday, October 20-22,2006. He is requesting a waiver on the closing time to allow the Sandoway parking lot and the Marriott parking lot to extend the closing time to 11 :00 p.m. on Friday, October 20, 2006 and Saturday, October 21, 2006. Mr. Barcinski stated staff recommends the following conditions: (1) Boston's provide security in the lots from 8:00 p.m. to 11:00 p.m. and (2) Boston's be responsible for locking both parking lot gates at 11 :00 p.m. - 18 - 10/17/06 Mr. Fetzer moved to approve to the closing time to 11 :00 p.m. on October 20-21, 2006 for the Sandoway parking lot and the Marriott parking lot subject to the conditions as recommended by staff, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.F. POMPEY PARK BUILDING EXPANSION PROJECT: Presentation and discussion of options for implementation of the Pompey Park Building Expansion Project. Richard Hasko, Director of Environmental Services, introduced Victor Majtenyi, Deputy Director of Public Utilities, and briefly explained the results of the engineering efforts from two firms on the expansion to Pompey Park improvements. Mr. Hasko displayed a floor plan sketch that staff is using to illustrate the results of the value engineering that was done by Weitz Company (CM that will be doing the Western Community Center). Staff received a response from Randolph & Dewdney and their bid came in over $1,052,000.00. Weitz Company had an initial proposal of$I,013,OOO.OO. The City Manager asked if Weitz's proposal includes all three alternates in the original bid of $1,013,444.00. In response, Mr. Hasko stated it does not include all three alternates. Joe Weldon, Director of Parks and Recreation, stated staff has spent a lot of time planning this and he would like to see the Commission fund this project as is. Brief discussion between staff and the Commission followed. The City Attorney stated the City went out to bid and did not get any response and the City has the ability to waive the bidding requirements so the project is not delayed. Mr. Levinson stated the Commission had previously discussed one of the critical things in this project being the timeline and asked if staff has talked to either contractor to discuss timelines. Mr. Hasko stated the issue with the timing is because there was a conflict with the Roots Cultural Festival. The City Attorney stated staff would have to advertise a waiver of all the bidding requirements two weeks prior to the meeting of November 7,2006. It was the consensus of the Commission to proceed with advertising the waiver of bidding requirements. - 19 - 10/17/06 9.G. SHUTTLE SERVICE MARKETING AND GRAPHICS PLAN: Presentation of the Shuttle Service Marketing and Graphics Plan for review and approval. Scott Aronson, Parking Management Specialist, gave a brief PowerPoint presentation of the Shuttle Service Marketing and Graphics Plan. Mrs. Ellis asked if the stops have been determined yet. In response, Mr. Aronson stated the stops have been determined and run every two blocks or so in the downtown area. Mr. Levinson suggested that whatever website there is for it include the name "Delray" to the web link. Mayor Perlman asked when this will start. In response, Mr. Aronson stated in approximately three weeks or so. Mr. Aronson stated if this is approved staff will need to order the Mylar and get the buses wrapped. With regard to encouraging the downtown employees to park and to use this, Mayor Perlman asked if staff is going to meet with the merchants Mr. Aronson stated through the Downtown Development Authority (DDA) and the Chamber of Commerce staff is going to meet with the merchants and try to get the owners of the businesses to talk to their employees about doing this. Mr. Aronson stated there are some government programs for employers that subsidize their employees actually taking the train and then using the shuttle to get downtown. In addition, posters will be distributed to all merchants as well. Staff will encourage people to use the garages and lots on the periphery ofthe downtown. Mayor Perlman inquired about selling advertising on these buses. Mr. Aronson stated staff will be doing some in-house advertising inside the buses along the top framing of the bus but there will be no commercial advertising. Robert A. Barcinski, Assistant City Manager, stated the shuttle stop signage could be a challenge. Mrs. Ellis stated she likes the design and thanked Marjorie Ferrer for all her hard work. Mrs. Montague asked if you can see inside the front of this bus and inquired if this has been reviewed by the Police Department. In response, Mr. Aronson stated the driver window and the windshield will not have any covering on them and the Mylar is see-through from the inside to the outside. Seeing in depends on light conditions you can see shadows. Mr. Aronson stated staff with get with the Police Department and see what staff needs to do to meet the criteria if any. It was the consensus of the Commission to move forward with this. - 20- 10/17/06 9.H. NAMING REQUEST/ROBERT FEDERSPIEL: Consider a request to name the Southeast 1 st Avenue Parking Garage in honor of Robert "Bob" Federspiel. Mayor Perlman stated he received a letter from Bob Federspiel's widow and she is very happy to hear about this. It was the consensus of the Commission to proceed with this. 9.1. THIRD SETTLEMENT OFFER/CHERYL WRIGHT-DEIGNAN AND ROBERT DEIGNAN V. CITY: Consider a third Settlement Offer in the amount of $2,500.00 in Cheryl Wright-Deignan and Robert Deignan v. City. Staff recommends Commission discretion. The City Attorney stated currently the Settlement Offer is $2,500.00 ($2,000.00 for Cheryl Wright-Deignan and $500.00 for Robert Deignan). Mr. Levinson moved to approve a third Settlement Offer in the amount of $2,500.00, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman - No; Mrs. Ellis - No. Said motion was DENIED with a 5 to 0 vote. 9.J. RAILROAD INSURANCE/FLORIDA EAST COAST RAILROAD. LLC. (FEC): Provide direction regarding railroad insurance coverage for the twelve (12) railroad crossings and four (4) leased parcels adjacent to the FEC railroad tracts. The City Attorney stated staff has provided the Commission with Statutes dealing with railroads and staff went out for quotes to see how much it would cost to provide this insurance because this is what is required by the FEe. Mr. Levinson suggested that staff talk to the FEC Railroad to see if the City could be named as an additional insured for a fee that would be more reasonable than the proposed individual policy that the City would buy. In addition, Mr. Levinson stated it would worth having a conversion with the Metropolitan Planning Organization (MPO) and the League of Cities. Mayor Perlman stated he is not ready to spend this amount of money. Mr. Levinson stated that he will be in Orlando next Thursday and will not be able to attend the MPO Meeting and commented he hopes that the alternate can go in his place. 9.1(. AGREEMENT/NEWSLETTER PRODUCTION SERVICES/POLLACK COMMUNICATION: Consider approval of a proposal for a one-year agreement between the City and Pollack Communications for newsletter production services in the amount of $8,200.00. Funding is available from 001-1316-512-34.90 (General Fund/Other Contractual Services). - 21 - 10/17/06 Doug Smith, Assistant City Manager, stated this is a follow-up to the September 12, 2006 Workshop discussion where staff discussed an additional newsletter publication. A summary of the firm's pricing for six issues (10,000 per issue) is outlined in staffs memorandum. Mr. Smith stated staff was trying to find out what the active registered voter number might be and this is what the recollection was of what was done for the Referendum for the Parks Bond Issue. Pollack Communications provides a very competitive pricing schedule and is a local firm that produces the Downtown Wire Publication for the Downtown Marketing Cooperative and also provides fixed costs for their monthly design, writing, and associated services. Staff recommends to contract with Pollack Communications in the amount of $8,200.00 for a one year agreement and to contract separately with a printing company to do the printing and preparation for mailing. In addition to the printing costs, there would also be postage costs. Estimated mailing costs are a total of $13,200.00 for six issues. Using an estimate of$13,200.00 for printing/mailing preparation and $8,200.00 for Pollack Communications' services yields an estimated first year cost of $34,600.00 for the newsletter. Ivan Ladizinsky, Public Information Officer, suggestions for the newsletter are "Home Page" or "Delray's Home Page" which provides a theme that emphasizes the City's website, and the Mayor suggested "Get Connected" as a title for the publication. Staff recommends Commission authorization for preparation of a contract by the City Attorney's office and for the City Manager to execute a one-year agreement with Pollack Communications for newsletter production services in the amount of $8,200.00. Prior to the vote, Mayor Perlman asked how many pages is the newsletter. In response, Mr. Smith stated this pricing is quoted to do a four page newsletter (11 x 17 folded). Mr. Smith stated in his discussions with the City Clerk's office per their discussions with the Supervisor of Elections office the tracking as far as the voting would record the most recent time that registered voters voted. Mr. Levinson suggested that there be some methodology by which people who might pick it up somewhere and did not get it in the mail can subscribe to get it in the mail when they are online at the City's website. Mr. Smith stated the first issue is to be out in November including things such as the shuttle bus and holiday events. Mrs. Montague inquired as to a specific date in November and Mr. Smith stated he will contact Mr. Ladizinsky for the information and get back to the Commission. Mr. Levinson moved to approve authorization for staff to prepare and for the City Manager to execute a one-year agreement with Pollack Communications for newsletter production services in the amount of $8,200.00, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with - 22- 10/1 7/06 a 5 to 0 vote. 9.L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint four (4) regular members to the Neighborhood Advisory Council for Zone 3, Zone 4, Zone 5 and Zone 6 to serve three (3) year terms ending October 31, 2009, one (1) regular member for Zone 3 to serve an unexpired term ending October 31, 2007 and one (1) At Large Representative to serve a three (3) year term ending October 31, 2009. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5), Commissioner Ellis (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4) and Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Shirl Fields as a regular member to the Neighborhood Advisory Council for Zone 3 to serve a three (3) year term ending October 31, 2009. Mr. Levinson so moved, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to o vote. Mrs. Ellis moved to appoint Claudia Flores as a regular member to the Neighborhood Advisory Council for Zone 4 to serve a three (3) year term ending October 31,2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to appoint Matthew Hartley as a regular member to the Neighborhood Advisory Council for Zone 5 to serve a three (3) year term ending October 31,2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to appoint Joseph Kamarata as a regular member to the Neighborhood Advisory Council for Zone 6 to serve a three (3) year term ending October 31,2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. Mrs. Montague moved to reappoint Charles Stravino as an At Large Representative to the Neighborhood Advisory Council to serve a three (3) year term ending October 31, 2009, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he wished to appoint Linda Leib as a regular member for Zone 3 to serve an unexpired term ending October 31, 2007. Mrs. Ellis so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: - 23- 10/17/06 Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:21 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 60-06: Amending Section 10.99, "General Penalty," of the Code of Ordinances by adding Civil Citations under Section 37.45 as an Enforcement method adopted by the City. If passed, a public hearing will be scheduled for November 7,2006. The caption of Ordinance No. 60-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 10.99, "GENERAL PENALTY", OF THE CODE OF ORDINANCES BY ADDING CIVIL CITATIONS UNDER SECTION 37.45 AS AN ENFORCEMENT METHOD ADOPTED BY THE CITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 60-06 is on file in the City Clerk's office) The City Attorney read the caption ofthe ordinance. Mrs. Ellis moved to approve Ordinance No. 60-06 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote. n.D. ORDINANCE NO. 61-06: Amending Section 52.03, "Use of Water from Hydrants," of the Code of Ordinances to provide for an increase in the security deposit for hydrant meters and also provides for a nonrefundable installation/removal fee to cover the cost of City employees installing and removing the hydrant meter. If passed, a public hearing will be scheduled for November 7, 2006. The caption of Ordinance No. 61-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 52.03, "USE OF - 24- 10/17/06 WATER FROM HYDRANTS", TO PROVIDE FOR AN INCREASE IN THE SECURITY DEPOSIT FOR HYDRANT METERS AND TO PROVIDE FOR AN INSTALLATIONIREMOVAL FEE OF THE HYDRANT METER BY CITY STAFF; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 61-06 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Prior to the vote, Mr. Levinson confirmed with Mr. Hasko that staff will be responsible for installation/removal of the hydrant meters instead of the contractors. He asked how much time this will take and if staff has time to assume this responsibility. Mr. Hasko stated there is sufficient City staff to assume this responsibility. Mrs. Montague moved to approve Ordinance No. 61-06 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Mana2er The City Manager stated at the last meeting there was discussion about the November City Commission Meeting (November 7, 2006) date and that it is on the same evening as the Election. He stated if the Commission desires to change this scheduled meeting, tonight would be the last opportunity to do so. After brief discussion, it was the consensus of the Commission to leave the first Regular City Commission Meeting scheduled for November 7, 2006. Secondly, the City Manager announced that the Tri-Cities Barbeque is scheduled for December 15,2006 in Belle Glade. He stated the following appointments were made to the Treasure Coast Regional Planning Council (TCRPC): Maury Jacobson was appointed as a regular member and replaces Jim Exline and alternates are Retha Lowe from the City of Lake Worth; Robert Gottlieb from South Palm Beach; David Lodwick, Village of Royal Palm Beach; Fred Pinto from Village of Royal Palm Beach; and John Workman from Town of Palm Beach Shores. - 25- 10/17/06 Lastly, with regard to a letter Mr. Levinson stated he received about drainage markers, the City Manager stated the State's location notification service has been monitoring the drainage district for establishment of the location markers. There was a coordination meeting held last year where this issue was discussed along with a negotiation of their fee increases. He stated no one on the current staff was in attendance and therefore staff was unaware of the twelve (12) month time limit that was established. Staff has been in contact with the district and is coordinating the location markers. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.I. Mr. Levinson Mr. Levinson stated he received a letter from Donald Mackey at 619 Wiggins Road. He stated Mr. Mackey does not live in Delray Beach and he has an address that does not exist. Additionally, Mr. Levinson stated Mr. Mackey has a business at this address called "Signature Builders" and he would like staff to pursue identifying if Mr. Mackey has an occupational license. Mr. Levinson stated he has left messages for Mr. Doug Mackey and Mr. Don Mackey with "Signature Builders" and he has not heard back from them. Secondly, Mr. Levinson stated he had a great time at the Spady Gala. 13.C.2. Mrs. Montae:ue Mrs. Montague had no comments or inquiries on non-agenda items. 13.C.4. Mrs. Ellis Mrs. Ellis stated she and Commissioner Montague will be in Orlando on Friday attending the League of Cities Committee Meetings. 13.C.5. Mr. Fetzer Mr. Fetzer commented about the Wastewater Treatment Meeting Thursday evening and expressed concern over there not being a quorum. Commissioner Montague stated she will be attending so there will now be a quorum. 13.C.5. Mavor Perlman Mayor Perlman distributed a brochure from the City of Boca Raton regarding their budget. He suggested that the City of Delray Beach think about doing something similar for the City's newsletter. - 26- 10/17/06 Secondly, he confirmed that the issue regarding cigarettes on the beach will be discussed at the City Commission Workshop Meeting of November 14, 2006. Mr. Levinson suggested that staff draft an ordinance to prohibit cigarettes on the beach to review at the Workshop Meeting. Mayor Perlman stated he will be at the Florida Redevelopment Association (FRA) Meetings the next few days and noted Diane Colonna will be giving a presentation along with Joe Gray and Jon Levinson. There being no further business, Mayor Perlman declared the meeting adjourned at 9:33 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 Regular City Commission Meeting held on October 17, 2006, 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. - 27- 10/17/06 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS lAST NAME-FIRST NAME-MIOOLE NAME Perlman, Jeffrey L. MAILING ADDRESS 971 Delra Lakes Drive COUNTY Palm Beach NAME OF BOARD. COUNCIL. COMMISSION, AUlHORI1Y, OR COMMITTEE it C6mmi.ssion THE BOARD, COUNCIL, COMMISSION, AUTHORllY OR COMMITTEE ON WHICH I SERVE IS A UNIT Of: CllY a COUNTY a OTHER LOCAl AGENCY '-NAME OF POLITICAl. SUBDIVISION: Cit of Delra Beach MY POSITION IS: CITY h 444 DATE ON WHICH VOTE OCCURRED 10/17/06 XIX ELECTIVE a APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. . Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. . INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For .purposes of this law, a -relative- includes only the officer's father, mother, son, daughter, husband. wife, brother, sister, father-in-law, mother-in-law, son-In-law, and daughter-in-law. A *business associate- means any person or entity engaged in or carrying on a business enterprise with the offICer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEiNG TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * . . * * . * * . * . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above. you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ce FORM 88 - EFF. 112000 Item 10.B PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. . You must complete the fann and file it within 15 days after the vote occurs with the person responsible for recording. the minutes of the meeting, who must Incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members' of the agency, and the form must be read publicly at the next meeting after the fonn is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Tp-f-fT~Y ~~Tlm::ln , hereby disclose that on October 17, 2006 . '.-- (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; xx inured to the special gain or loss of my relative, Inured to the special gain or loss of my business associate, Diane Colonna Inured to the special gain or loss of whom I am retained; or ..Inoredto the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Diane Colonna, my wife, is the Executive Director of the Community Redevelopment Agency (eRA)_ I have a conflict vobinggon items that directly affect the CRA. . by ,which Date Filed Sig u 10/17/06 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVil PENALTY NOT TO EXCEED $10,000. CE fORM 88 - Eff. 1flOOO PAGE 2 WHEREAS, THOMAS E. "TOM" LYNCH is a dynamic and energetic leader who has exemplified the ideals of community involvement within the City of Delray Beach for the past thirty (30) years; and WHEREAS, TOM gave of his time and talents resulting in hard work and commitment through his vision to reach his goals for a better community; and WHEREAS, TOM commenced his service to our City as an English teacher in the 1970's, continued working for the amelioration of his community having served on Former Mayor Campbell's Atlantic Task Force, the Tourist Development Council, the Economic Council, and was Founding Chairman of the Community Redevelopment Agency, Chairman of the Palm Beach County School Board, Chairman of the Greater Delray Beach Chamber of Commerce, Chairman of the Business Development Board, Chairman of the Greater Boca Raton Chamber of Commerce; and WHEREAS, TOM displayed commitment to service as a role model of good citizenship for our younger generation as is evidenced by his values and capacity for moral decision making and conduct; and WHEREAS, TOM further exemplified himself as an outstanding example of a "GREAT LEADER" by having served with distinction as Mayor of the City of Delray Beach from 1990 through 1996 having led the City on a glorious run which included our first All American City Award in 1993 and the tide of Best Run Town in Florida in 1995 as named by Florida Tnondmagazine. WHEREAS, TOM was recendy honored with the "M.J." Mike Arts Leadership Award by the Greater Boca Raton Chamber of Commerce for his many accomplishments by steering the course through transitions in leadership and mentorship. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby recognize and commend THOMAS E. LYNCH and call upon all present to acknowledge the multitudinous contributions he has made to his community and the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of November, 2006. JEFF PERLMAN MAYOR ~ ~,A ~d- TO: THRU: FROM: SUBJECT: The action requested of the City Commission is acceptance of a right-of-way deed associated with the development of 120 North Swinton Avenue, located on the west side of North Swinton Avenue between NE 1st Street and NE 2nd Street, within the OSSHAD (Old School Square Historic Arts District). At its meeting of June 7, 2006, the Historic Preservation Board (HPB) approved a Class III Site Plan Modification for 120 North Swinton Avenue, subject to conditions, which included recordation of a two foot (2') right-of-way deed for the adjacent alley. The approval was for a second story addition to the accessory structure with associated parking and landscaping improvements. Pursuant to LOR Sections 5.3.1 (0)(2) and 5.3.1 (0)(3), the required width of an alley is 20' or the existing dominant width and additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The cu'rrently dedicated alley right-of-way is 16'. The City Engineer has determined that the width of the alley should be expanded to a total width of 20', which is consistent with the widths that have been provided with recent redevelopment proposals in the downtown. Therefore, a dedication of two feet (2') (one-half the additional right-of-way) from the subject property is required. The City Attorney has reviewed the Right-of-Way Deed and form for legal sufficiency, and has determined it to be acceptable. By motion, accept the right-of-way deed associated with 120 North Swinton Avenue. 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L-- ~- ~~~~ ~ z I , I Z 0 f-- ---; - I- w - w Z :i. - -' >--- Z I--- I-- - f--- ~ r== ~ =rmrnt=: - 3: - I--- ;;( l~ (f) a:: I- 1:= OIIJ [[[]] DD UIJ ~ I-- ATLANT I C A V E N U E II DIDfl DllIJJ m I , I; - == - - I - - - I - I == I J N - 120 NORTH SWINTON AVENUE LOCATION MAP CITY OF DELRA Y BEACH, FL PLANNING'" ZONING DEPARTMENT ImI SUBJECT PROPERTY -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM973 .. Ii>. to",. t (I.YN. 10 .l.H!'ll~0e' orlSIl.I .92). be' ~' - -'-- - 3nN3Nf'-::;! N01NIM~ l - - -2'~_~'is~ \ - ---:;::::- - ~ ~'.' \ ~ oe' \. I y:,',..) I '. 0- ", " "--'....., 811 'l!:" ~ CIl1 ~ I-I'w E5 ~ 3 ~ , ZI i ~ ~ ~ t ~ ~ ~~ ~~ ~~~ I @@)\'HJ ~ m ~ o ~ .1N3fi3-'\ '1d :jt,) "3")(0 t.9. d'lj ~. o~ ,,_(I $'. .. ~,)l I I I H I P -tl (B30 .~ci I Ii. I ~.Jl . II I l- : 1 5, CI., ",19 ~I w ~l r.;: : ~ : 5 'rs- II t$"'JI'.~ .1 '" , ..: 1 .... I' - ~ ,: 5 I I:: : e: 1 .' ~ It [f Ij ~ I l'j n'" ~ -<- "'1..' ~ ,.~ , 1 I ro: I' : I , '" I I '" J~~d , "":t.." I 6~" lC J1.1H::}NO:) ~ >ol. :r d'('". 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U~ 6~ Jl:;)Oltl s; un '. --.-)b lYld ,C.91 ~,^' I I I 1 1 I I I f 1 I I I I I I I , 1 1 I I I I , I I I I I I I I I I I I I l. 1 I 1 , 1 , 1 1 I 1 I '1 I I I 1 o l&I o 3 () ~ I- o z 6f; )lJ018 '1'1 101 f!i ~ ::f l- S & 'M :I , '_ I )p Z"'a<lio.~le o lio.O:COO () 0 ~ ~f-oQ H~:Z:~Cl:~ ~_~t-<o!:: f-oCl:g. .g.z ~~~~~~ , 9 '" '" III ~ Ill; ~~iI: .. .-\.o.l "'-..s:t ; ..- . ~h~ ~;~h nil; !::tb II! .'O~t5 HOOi5:;! ~~e~ Zf-o~Q ~T il i I ! .... :5 0- 1 .l.u o i I !:! I U I i i ~~ ~i -Ill' IiI i"i I .. ...... .. I r: iDIDlMm; z . L II !gi .. . , . Prepared by: RETURN: R. Brian Shutt. Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach. Florida 33444 RIGHT-OF-WAY DEED TIllS ~ENTURE made this -Ji!"daY of Sr;r', . 200 J, between j(A-1J11I SI7//GlI . SUA",,",,,..! (In.,f~jwith a mailing address of Bo9 J{'ACA'rt: 0(~~ f~1: ~Ay L1lA-r~ rL, as party of the first part and CITY OF DELRAY BEAC , FLORIDA, a Flori a municipal corporatIon WIth a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes~ and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property . Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is ... , unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WITNESSES: ~ ---- Tr.1 A/ y J J !Jot; ~,z I (Name printtXl or typed) --:-7cf, J, ~Ol/ Fi-I (Name printed or typed) STATE OF Ft... COUNTYOF~. PARTY OF THE FIRST PART BYKA~It/ d. ;;;,u.:e/- (Name printed or typed) .skY? J S/-/A .JIVIIIA/ k; -(501.{ €-A , (Name printed or typed) The foregoing instrument was acknowledged SC;f? , 200L by t acknowledging). 2 "';oseph M. Tucker, P.LS 219 S.E. 23rd AVENUE - P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734-7546 -L61/2. .8 )oe k. ,f,-fJ /\/61'1-1; c../ne 01' --00 "fh c::; . a f' &,-1 // . lEI. (;6 -. .-- - /29. to 0 ->--- - - '- -LNorl/; L.//7C Lo"; 13.J ~ e.o~ ~ ~~ ",~ " PORTION OF BLOCK 59 ~~ CITY OF DELRAY BEACH ~'" PLAT BOOK 1, PAGE 3 "\l, t-t' PALM BEACH COUNTY, FLORIDA ~~ ~ PCN 12-43-46-16-01-059-0121 ~.\ ~. 1 \.. ~~<t . . /'.:5'0(, Ih //h~ ~I /3 /' 729.,,"-0' -{ .--16/-~O -- - 56c.rfh L//J~ of1 IVbl'f-h /.5 (o,ttof 14 __Lo I- /3, 8/e>c ~ S"9 'k \>~ [ S~ ).j _ ~~I_d ~~ ~ \J () ~ ~ ~ f' If'i IY) It) ~- '00 tl() '{... \) \J I~ . " ~~I~r~ I ~ I I I r ~.S",! 6Y ,c;,ond --l _ L - .5ov.//; L//)~ B/ce::i- 51? eL~ /i').d/(:a';"~.s Iron /2'od.s .--- tJ) N NW Isl. STREeT ..J BOUNDARY SURVEYS MORTGAGE SURVEYS CONSTRUCTION LAYOUT ~I e; ~ v ~ It) I ~l' \l ~ . ~~I 'i... ~ I ..-.......1 3 :3 4.... 1 I .~ 5hee-/ 2 dJ/ Z 33 ~ - \t ~ ~ """- < ~, ~ ~ ~ ~l \J ~ "'-': ~ ~ ~ ~t SEP 27 2006 13:54 FR 0000800 00E00T00V00R0 00700 00 00 TO 818774468322 'Q'='J LOt .:t:.JtJCl J.~. tJJ. J.."'':;; ....-I'r.......... _1"'1-1'''''''''''''' P.03/08 ..:~,... "'-J __ ..... I... --.... "c~ cro Cot/! p'~ Prepared by: REtuRN:. R.. Brian S11Utt, Esq. City Anomer's 00i0: 200 N.W. 1st A"enDe Dclray BC3Cb., F10ricb 33444 SUBORDINA TION all: ENCUMBRANCEIO TBE f~Orli~n BIGHTS TO THE CITY OF DELRA YBEACH, FLORIDA KNOW ALL:MEN BY THESE PRESENTS; Th.at whereas it is required by the City of Delray Beach fO provide certain width of right-of-\vay in S1ccor~ce with its Comprehensive Plan; and, WHEREAS, a portion of the lands required to be dedicated to th~ City is subject to a mortgage held by the undersigned; and WHEREAS, on behalf of the City of DeJray :Beach,a.reque.9t has been made for the undersigned to subordinate said encumbrance to the property riglIts of the City of Delray Bench in and to the portion of the premi~c3 bereinafter de5cribcd. NOW THEREFORE, WITNESSETH: That for end in oonsideration of the mutual promises herein contained and other good and valuableconsideratioD, the undersigned subordiMtes said encumbran~e to the property rights of the City of Delray Beach, Florida, to' provide for the dedicatiort of right~of-wa}l of t.lle foUowing described lands. being a portion of the encumbered premises in Palm Beach County, Florida, to wit: . See Exhibit .. A" Attached hereto insofar as said premises are affected by the following described encumbrance now hel~ by the undersigned: NATURE ENCUMBRANCE IUJ..E FRO.M.OR AGAn~llT IN FAVOR OF RECORDED BOQK~PAGE ,PROVIDED, ALWAYS, NEVERTHELeSS; and it jll expressly understood and n.greed that this. instrument subordinates said encumbranceinsof(lJ' as same 3ffect~ the rights and privileges of the SEP 26 20es 11:27 SEP 27 2006 13:24 123 PAGE.fa3 0000800 00E00T00V00R0 PAGE.03 SEP 27 2006 13:54 FR 0000B00 00E00T00V0~R0 00700 00 00 TO 818774468322 ~lojILb/'-t::l~e J..L:t::Jl J.t..:: "'-1"'" '-'I ....I'llo.ol.....__r-r ~,e~ ""'-' '...~ .....t-y-v.- ~WI'" c...~a,. "_f'J. P.04/08 ""0'" City cf Delray Beach in its use of the land specifically above described for right-of-way. and 'that nothing herein contained shall in. any way alter, affect, impair, minimize, or diminish the effect. of said encumbrance or the remedies at law or in equity for recovering thereunder, or against the parties charged thereby, the full alnount of all gums secured by andlor under the same. It is further understood And agreed thaI in the event said above described premises are abandoned by the City of DcltayBeacb and cease to be used for right-of-way that in such event the subordinate of said encumbrance slull terminate in and to such portion abandoned and no longer usee! as aforesaid, and the encumbrance shall become of the same status with reference to s1.1Gh abandoned portion as utile subordination had nev~r been made. . IN WITNES,l. WfIEREOF, the 5.aid holder of the encumbrance has duly executed this instrument t'rUsf)1 day of ~eP+e~"- . 200_ Signed. sealed and dellvered in the presence of: (2 witnesses required by Florida Law) cl!S~ -C.. ~ .~ (nameprintcd or 'type ~ (name printed or typed) ~~/ . ". ~ \S . L ~ ~ \/ (.J (namE: printed or typE:d) STATE OF ~ ()li' ; dq COUNTY OF V~a \ Q The \ foregoing instrument. was ~cknowleclged before me this 2fL day of ,~), J2'L ~ 2001> by c...~ V~ P I.U s.. (name or officer or agent, title of officer or agent) of VClI'\K ( e't ('0. (name of corporatiocacknowledging), a (state or pla.ce of incorpora.tion) corporation on behalf of the corporation ~S?e is, personally ~o~ to me or has produced I (type of Identrficatlon) as IdentlficDtlOn. . 'A1~'Q.~{){}~ Signature of Notary Public . -~~~'\: SHNIlNC.GAEEN ... ". ~."'IV~KlN' 00348469 ~, ...;~:Sll*mber28,m '"t" IliIIlltWJItAljludgllt NoIIrJ S4Ivices 3 SEP 26 2006 11:27 SEP 27 2006 13:24 123 PAGE. 04 0000B00 00E00T00V00R0 PAGE.04 loseph M. Tucker, P.LS. .L61- /2. .e /oe k. ~-fJ N61'Ih c./ne 01' -SDd::~~;~TIL_~ 129. to 0 ~ -- " .LNorth ~//7~ Lo-l 13..J ~ . e.o~. ~ ~'~ . PORTION OF BLOCK 59 't ~)-., CITY OF DELRA Y BEACH ~ \t) I 't!'" PLAT BOOK 1, PAGE 3 I";- "I ~ ~ PALM BEACH COUNTY, FLORIDA ~ ~ . \ll ~'....... ~ v;) I ~i~," \J ~~ 't PCN 12-43-46-16-01-059-0121 'i.... l~~ . ~ I . /".:JOt/ Ih 7/1l~ ~I /3 I l uu 16::~:c__ .. ..1_33 . .5cnrlh. Gh"~ of1 IYb rr-h 1,5 ( 01' tor 14 __._~ol- /3, 13/oc i: 5"9 219 S.E. 23rd AVENUE. P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734-7546 ~ \}~r S.... )~ 'f ~I ~~_. 1\1~ ~ \) <:l ~ ~~. '{.. Q '\j 1(,' ~ ~ !f\ IV) . lK) ~(j 10 ~..-1tr~. ." . I ' I. I r .~s..~_f ~r ~"a.d --1 --L - 5ov.//; C/.n~ E/ac:i- Sf? t!)~_ j!J_dJc.t:lJ-~.s /rO'1 lZods /" - \Jl N /-Lw 10$1. STR€ET .,J BOUNDARY SURVEYS MORTGAGE SURVEYS CONSTRUCTION LAYOUT l I .~ . 5hee:1 2 d;1 Z 33 ~ - 't ~ ~ ....... < ,. ~ " ~ ~, \J ~ ~ ~~ ~ TO: THROUGH: ANNING AND ZONING FROM: SUBJECT: MEETING OF NOVEMBER 7,2006 APPROVAL OF A TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS TO 118 % SE 7th AVENUE, WITHIN THE MARINA HISTORIC DISTRICT The action requested of the City Commission is approval of the tax exemption request for improvements to the structure located at 118 Y:z SE ih Avenue within the Marina Historic District. The property is part of a larger site at 118-122 Y:z Avenue located on Lots 5 and 6, Block 118, Town of Delray, on the west side of SE ih Avenue, south of SE 15t Street. The property contains four contributing frame buildings and one non-contributing frame building. The contributing dwellings were constructed c. 1935 and the contemporary dwelling (located at 122Y:z SE ih Avenue) was constructed in 1989. On July 21, 2004, the HPB approved a list of improvements which were eligible for the tax abatement consisting of the following site improvements: . Demolition of the contributing cottage and adjacent concrete pathway; · Construction of a 605 sq. ft., one-story block addition to be located between the 226 sq. ft. contributing, frame accessory structure and the 508 sq. ft. contributing, frame cottage (northwest corner of the property), and; · Exterior improvements to the building including in-kind cosmetic repairs. At its meeting of October 19, 2005, the Board approved the Ad Valorem Tax Exemption Application Part 1 (2006-015-COA). The applicant has completed the improvements and is now ready to finalize the tax abatement request. The tax exemption request will apply to the difference in assessed value of the property after the improvement. The Historic Preservation Board recommended approval of this tax exemption request at its meeting of August 2, 2006. The applicant is now before the City Commission for final approval of the request. Upon approval, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached staff report. Ad Valorem Standards for Qualifying Improvements The property qualifies for the tax exemption per LOR Section 4.5.1 (M)(5)(a)(iii) as it is designated as a historic property, or as contributing property to a historic district, under the terms of the City's historic preservation ordinance. Once established as a qualified historic property, qualifying improvements, pursuant to LDR Section 4.5.1 (M)(5)(b), must meet the following criteria: <6.~ City Commission Memorandum, Page 2 Meeting of October 17, 2006 Tax Abatement Application- 118 % SE ih Avenue (i) Be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; (ii) Be determined by the Historic Preservation Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A- 38, as amended; (iii) Be consistent with Section 4.5.1 (E), "Development Standards" of the City's Land Development Regulations; and, (iv) Include as part of the overall project, visible improvements to the exterior of the structure. The project meets criterion (i) - (iv) regarding the new construction and alterations to the existing historic buildings as it is compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1 (M)(1 0), the "Final Application/ Request for Review of Completed Work" was submitted when the work was completed. The Final Application includes documentation of all costs incurred during the project, Historic Preservation Exemption Covenant, and the approved building permit application listing the cost of the work performed. The City's Community Improvement Department has verified that the work has been completed, passed the final inspection, and the Certificate of Occupancy was issued on October 19, 2006. As mandated by LDR Section 4.5.1 (M)(1 0), the Historic Preservation Board reviewed the Final Application during its meeting of August 2, 2006 and determined that the completed improvements were in compliance with the previously approved request. Pursuant to LDR Section 4.5.1 (M)(12), upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The expenditures (per building permit records) for the qualifying improvements total $118,000.00. The tax abatement will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in an abatement of taxes for a period of ten years from the date of approval. A. Continue with direction. B. Approve the tax exemption request, the "Part 2 / Final Application Request for Review of Completed Work" for site improvements to the property located at 118 % SE 7th Avenue, Marina Historic District, based upon positive findings with respect to LDR Sections 4.5.1 (M)(5)(a)(iii), (M)(5)(b) and (M)(12), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Deny the tax exemption request, the "Part 2 / Final Application Request for Review of Completed Work" for site improvements to the property located at 118 % SE 7th Avenue, City Commission Memorandum, Page 3 Meeting of October 17, 2006 Tax Abatement Application- 118 Y:z SE ih Avenue Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1 (M)(5)(a)(iii), (M)(5)(b) and (M)(12), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Approve the tax exemption request, the "Part 2 I Final Application Request for Review of Completed Work" for site improvements to the property located at 118 % SE 7th Avenue, Marina Historic District, based upon positive findings with respect to LDR Sections 4.5.1(M)(5)(a)(iii), (M)(5)(b) and (M)(12), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Report prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: · HPB Staff Reporl of August 2, 2006 Application Materials · Resolution 64-06 " rt:lR:"V;f~ ~...~~ A1~llIiwIcaClly ~II'! 1'193 2001 DElRAY frACH ~ mr 1993 2001 Applicant: Stephen Echols, Owner Ad Valorem Tax Exemption Part 2 File No: 2006-015-COA Project Name: Project Location: 118% SE 7th Avenue HPB Meeting Date: August 2, 2006 The action requested of the Board is to make a recommendation to the City Commission of a Certificate of Appropriateness (COA) associated with Part 2 of the Ad Valorem. Tax Exemption __for improvements to a mcontributing building located at 118%SE 7th Avenue in the-Marina Historic District pursuant to Land Development Regulations (LOR) Section 4.5.1 (M). The subject property consists of Lots 5 and 6, Block 118, Town of Delray. Located on the west side of SE 7th Avenue, south of SE 1st Street, the property is zoned Multi-Family Residential- Medium Density (RM) and is within the Marina Historic District. The property contains three contributing frame buildings, one non-contributing frame building, and one contributing frame structure (previously a garage). The contributing dwellings were constructed c. 1935 and the contemporary dwelling (located at 122~ SE 7'h Avenue) was constructed in 1989. On April 21, 1989, the HistoriC Preservation Board approved the construction of a two-story single family home at the southwest corner of the property at 122 SE 7th Avenue, and the relocation of the existing garage to the northwest corner of the property. The dwelling was subsequently constructed and the garage relocated. In 1998, a COA approval was granted by the Historic Preservation Board for the replacement of aluminum louvers with aluminum windows and a new entrance door on the front porch of the contributing cottage (located at the northeast corner of the property) at 118 SE 7'h Avenue. The improvements were completed as proposed. Additionally, in 2004, COA 316 was granted for the following: · Demolition of a 293 sq. ft. portion of the contributing cottage and adjacent concrete pathway. · Construction of a 605 sq. ft., one-story block addition between the 226 sq. ft. contributing, frame accessory structure and the 508 sq. ft. contributing, frame cottage at the northwest corner of the property. · Installation of internal brick walkways and landscaping. · Variance request pursuant to LOR Section 4.3.4(K) reducing the rear setback from 10' to 5' with the condition that the variance request pertains only to the extant 226 sq. ft. accessory structure at the northwest corner of the property. 118% SE l'h Avenue, Ad Valore -ax Exemption Part 2 2006-015-COA HPB Meeting Date August 2, 20 . ..'*.1' . With the conditions that the repairs/replacements made to the extant portions of the single family dwelling are made with in-kind materials and the color scheme for the . building is as follows: "Sage" for the body of the building, "Hirsch Red" for the trim, and white for the accents. At its meeting of October 19, 2005, the Board approved the Ad Valorem Tax Exemption Application Part 1 (2006-015-COA) for the following: . Demolition of the contributing cottage and adjacent concrete pathway. . A 605 sq. ft., (me-story block addition located between the 226 sq. ft. contributing, frame accessory structure and the 508 sq. ft. contributing, frame cottage at the northwest corner of the property. . Exterior improvements to the building including in-kind cosmetic repairs. . Hardscaping improvements. Although the landscaping assoCiated with COA.316 was approved, landscaping is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement", pursuant to the Florida Administrative Code 1A-38. The applicant is noW before the Board to request review of Part 2 of the Ad Valorem. Tax Exemption Application for the improvements stated above as approved with 2006-019"'COA. The tax exemption would apply to the expenditures associated with the above improvements (n'ot including la'ndscaping) which total $198,509.89. standards for Qualifying Improvements: LOR Section 4.5.1 (M)(5)(b) states: For an improvement to a historic property to qualify for an exemption the improvement must: (i) Be cOllsistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; (ii) Be determined by the Historic Preservation Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1 A-38, as amended; (iii) Be consistent with Section 4.5.1 (E), "Development Standards" of the City's Land Development Regulations; and, (iv) Include as part of the overall project, visible improvements to the exterior of the structure. The project meets criterion (i) through previous approval by the Board of the partial demolition, addition and improvements m~ntioned above which constituted its compliance with the Secretary of the Interior's Standards for Rehabilitation. The project meets criterion (ii) as being consistent with the rules of Florida Administrative Code 1A-38, promulgated by the Florida 2/3 118Y:z SE 7th Avenue, Ad Valore 3X Exemption Part 2 2006-015-COA HPB Meeting Date August 2, 20lJu Department of State, Division of Historical Resources. The project meets criterion (iii) through the COA 316 approval which applied the LDR Development Standards in the assessment of the project. Finally, the project meets criterion (iv) as the project enCompasses visible improvements to the exterior of the buildings and related property. Pursuant to LDR Section 4.5.1(M)(11), Part 2, the "Final Application/Request for Review of Completed Work~ has been submitted as the work is complete. The final application includes documentation of the building permit, the agreement between the owner and the contractor, and copies of the checks submitted for payment of the work performed. The City's Community Improvement Department has stated that an elevation certificate and final survey are still required. The Historic Preservation Board's recommendation of Part 2 of the application will be forwarded to the City Commission for final action. The project must be approved by the City Commission in order to be forwarded to the Palm Beach County property Appraiser's Office and the Planning and Zoning Department for recordation. A. Continue with direction. B. Recommend approval to the City Commission of the Ad Valorem Tax Exemption Application Part 2, regarding 2006-015-COA, for improvements to the property at 118112 SE 7th Avenue, based upon positive findings with respect to LDR Section 4.5.1 (M)(5)(b). C. Recommend denial to the City Commission of the Ad Valorem Tax Exemption Application Part 2, regarding 2006-015.;.COA, for improvernents to the. property 'at 118112 SE 7th Avenue, based upon a failure to make positive findings with respect to LDR Section 4.5.1 (M)(5)(b). By separate motions: Approve, the Ad Valorem Tax Exemption Application Part 2, regarding 2006-015-COA, for improvernents to the property at 118112 SE 7th Avenue, based upon positive findings with respect to LDR Section 4.5. 1 (M)(5)(b). Recommend to the City Commission approval of Part 2 of the Tax Exemption Application, the Final Application Request for Review of Completed Work for site improvements for the property located at 118112 SE 7th Avenue, Marina Historic District b.ased upon positive findings with respect to LDR Sections 4.5.1 (M)(5)(a)(iii), (M)(5){b) and (M){11), the City's Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following condition: 1) That all final approvals are issued by the City's Community Improvement Department. Attachments: Ad Valorem Tax Exemption Application, Photographs, Owner/Contractor Agreement, Expenditure Documentation Report Prepared by: Warren Adams 3/3 OF . . Historic Presen'ation Property Tax Exemption Application Part 3 - Request for Review of Completed work DOS Form No. HRJElOl292 Revised 09/03/00 Pa e Ten Upon completion of the restoration, rehabilitation or renovation, return this form with photographs of the completed work (views of site improvements, exterior and interior work for buildings) to the Division of Historical Resources or the Local Historic Preservation Office, as applicable. These photographs must provide a comprehensive description of the completed work. They should be the same views as the before photographs included in Part 2 of the application. Type or print clearly in black ink. The fmal recommendation of the Division of Historical Resources or the Local Historic Preservation Office, as applicable, with respect to the requested historic preservation property tax exemption is made on the basis of the descriptions in this Request for Review of Completed Work. 1. Property identification and location: Property Identification Number: I~ .fJ If $ tJ / //J" t:J'tJ5 ~ Address of property: Street / $' ~ cS'E 7 #e- City ~. ~ County ~/z.t g'd7 Zip Code .3Y'fLP-3 2. Data on restoration, rehabilitation, or renovation project: Project starting date /0/6'/" -( Project completion date: . Estimated cost of entire project: $ t:fi -3 ~ bb :z....... ~?~ Estimated costs attributed solely to work on historic buildings or archaeological site: $ ..~'I' 1170 3. Owner Attestation: I hereby apply for the historic preservation property tax exemption for the restQration, rehabilitation or renovation work described above and in Part 2 of the Historic Preservation Property Tax Exemption Application (Application) submitted for this project. I attest that the information provided is, to the best of my knowledge, correct, and that in my opinion the completed project conforms to The Secretary Of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildinl!;s, and is consistent with the work described in Part 2 of the Application. I also attest that I am the owner of the property described above or, if the property is not owned by an individual, that I am the duly authorized representative of the owner. Further, by submission of this Application and Request for Review of Completed Work (Request), I agree to allow access to the property by representatives of the Division of Historical Resources or the Local Historic Preservation Office, where such office exists, and appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of infonnation provided in the Application and this Request. I understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the qualifying improvements for the term of the exemption. I also understand that falsification of factual representations in this Application or Request is subject to criminal nctio u 0 the Laws of Florida. ~/~b Name i ature 15ate Complete the following ifsigningfor an organization or multiple owners (See next pagefor additional owners): Title Organization name Mailing Address //J~ -S'E?~ ~ ~g~/CL 3~//3 City ~ ~ State /L Zip Code J3 ~J -- , Daytime Telephone Number c!l.A ~ 7.3 / ~~ Page Eleven - Request for Re\iew of Completed \Vork DOS Fonn No. HR3ElO1292 Revised 09/03/00 List Additional Owners: Name A//~ , Street City State Zip Code Name Street City State Zip Code Name Street City State Zip Code If there are additional owners, provide the indicated information for each on a separate sheet of paper. Property Identification Number J ~ 4-3 1-[ p J to b 1 \ \ B DOSO. Property Address \\5 \J~ 2::L.. J~ ~~ The (oQLocal Historic Preservation Office ( )Division has reviewed Part 3 (Request for Review of Completed Work) of the Historic Preservation Property Tax Exemption Application for the above named property and hereby: ()Q Detennines that the completed improvements to the property are consistent with the Secretary ofthe Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. and other criteria set forth in Chapter IA-38, F.A.C., and, therefore, recommends approval of the requested historic preservation tax exemption. ( ) Detennines that the completed improvements to the above referenced property are not consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter IA-38, F.A.C., and, therefore, recommends denial of the requested historic preservation tax exemption for the reasons stated in the Review Comments below. Review Comments: CO~A3i:tn~'~q- ~ fc:te'W~~ a~~Jo..Q ~ /0. 1'1.05. ... , Page Twelve - Request for Revie\v of Completed Work DOS Form No. HR3EIOJ292 Revised 09/03/00 Additional Review Comments attached? Yes( ) No( ) Signature Typed or printed name Title Date J J JEh1'E - S~~ ~;/r:'~ r;:J...;f->s~ .... /Al Mm /ZJ $E ~P"1 ..s;, v 77/ /f~df'VrL) pE7#If'E - ~/?IJ -I -s,,~7)'/ P6Y~A5/~,y6~ GL~~ Mt:Y1;T1J .zF' ,.fEY>!" yo / ~ 7P $F ;f~Ez1 ?ZJ,. fI;1c~ 2/Jt?5 plL- 1PP5 3 I 3~~r - ~tf~ sow~ ~~ M~ z;AI /f'J6",6/7 ?l) ~e ,f'.E>>/d/~ ~ P4 .-(~T 7lJ ...?c r17~ /kE>f /,v' UJY7?>'e 7P .2E?AYo/r€"' ;(/~/t// L/Y/~ ~~ .- y~tJ.L 117 t14 - FR L/~ rf6>1?JY~ f If) f..... i' ~ ~ .", M~ ..so Lid J2adCW6 /~ A,/pJ P/4/f/6" ~~ /?f; /I? ...:$'t> C-/;7;j/ /,(/ / r V-P~ /1 /;1 ,Rt;"., -so u7/ h'W V/,E)J t::P,;t= ..st;.-y~AC-'.h1/C/~~ ..3~.tlP.k1 "PftP"I UI~r .lYeV' ~Yul~ ;7ZJ ~J ?JL:fl ~/ #F/Y~ j.z j::e'P/17 c.S/)Vf7Y AtzJ /9(170/ .e-;t//7CY p Mt?01 ..sol/if /ll't:9tl ~ / rYJ/d"# t/e:J) /f/ 2--~ UTT~ //? ~2- ,sT 7Y /fU"" JE?A'ff .3~ r-L- M/lY 2()t)~ CITY OF ~LRAY BE~H COMMUNITY I~PROVEMENT DEPT. (~1?343-72bO ~..:~ .'~ hi,! "'ieCTlQNS -- GAll (561 X(243'" 7218 t.,. ~.. ........ n~' ". ~,. "'. . .3 -.- .~~ c ..' .~ . , , .....:. ;;~ "FAILURE TO ~ .,.,MPLY WITH THE MECHANICS' UEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS" Date Applied: .~~~ ..... .. . .~~}B -,~" . .... .... .T.C/u6/.g.1t- o. ~ Prepared by: 5A6ATmI ..' . u .. 5' / i6,,~5 Date Issued: . iO/OW:' ..~.~} ~.~ ~'-,,";', o ;/ AGREEMENT BETWEEN OWNER AND CONTRACTOR AGREEMENT made as of the Two thousand Five day of BETWEEN the Owner: Stephen Echols 118.5 SE 7th Avenue Delray Beach, FL 33483 and the Contractor: John Hock Enterprises, Inc: 314 NE IS'Avenue . Delray Beach, Florida 33444 (561) 276-.8887 The Project is: Echols Residence Renovation 118.5 SE 7th Avenue Delray Beach, FL 33483 The Architect is: BalfoortFinnvold Architecture 1948 E. Sunrise BoUlevard, Suite 2 . . Fort Lauderdale, FL 33304 (954) 524-5110 The Owner and Contractor agree as set forth below: ARTICLE 1 THE WORK OF TillS CONTRACT in the year of .#46~-- . ~~M" - fid<" S#'.~. -. -JI-----_u - nf' 'Z-- fAJd'lt,. TI .-' ~ -. . - SJ1/PS ~ c...,.-',. the Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically inqicated in the Contract Documents to be the responsibility of others.' , Assumptions and Contingencies (Attachment A) details any allowances. ARTICLE 2 RELATIONSHIP OF THE PARTIES The Contractor accepts the relationship of trust and confidence established by this Agreementand covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business administration and superVision; to make best efforts to furnish at all times an adeqliate supply of workers and materials; and to perform the Work in the best way and most expeditious and . economical manner cons'istent with the Owner's interests. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving, in a timely way, information required by the Contractor and by making payments to the Contractor in accordance with the requirements of the Contract Documents. Echols Residence /~ page~ _ '.../'*" F'~ ""', ARTICLE 3 CONTRACT SUM The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be $ 234,662.00 (Two Hundred Thirty Four Thousand Six Hundred Sixty Two and 00/100), subject to additions and deletions as provided in the Contract Documents. In addition to the Contract Sum, the Owner shall reimburse the Contractor for the following expenses: e' Permit fees and running costs. e Surveys e Plan Reproduction e Monthly Water & Electrical Service -e-- Archit~cturalj Engineering Fees e Special Inspector Fees ARTICLE 4 PAYMENTS 4.1 PROGRESS PAYMENTS 4.1.1 Based upon Applications for Payment submitted to the Owner by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents~ 4.1.2 Payment schedule is as follows: 10% due at Contract Signing $ 23,466.20 Invoices will be submitted biweekly or as deemed necessary by the Contractor and will be based on percentage of work complete. 4.1.3 Invoices are due upon receipt. Payment shall be made by the Owner no later than five days after the Owner receives the Application for Payment. . 4.1.4 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate of 1 \11% monthly or 18% annually. 4.2 FINAL PAYMENT 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Contractor has fully performed the Contract except for the Contractor's responsibility to correct work as provided in Paragraph 15.2. and to satisfy other requirements, if any, which extend beyond final payment. Echols Residence P~2@ _ IJI'F. .'. .' . ...,.". . .i' , ' JOHN HOCK ENTERPRISES, INC. f /2J;' 4 /1 By: ~ / ILl!;: - John RAfOCk \-J . ~ ( \ Title: Presi~ Date: STEPHEN EC ,,_ __ .___ . ,..",By: Date: IJ j,fi' ( ) Echols Residence /\ / \ Page '( -1.c:7! ~i (SIGNATURE) . . >J"..,;l':.....~..:...~ ~~t~~~t'- ;'~ ~~Ik .4r~:"I. , ~nf,t6e /~#W$~~~~~0~.~"..:9': ~~ .........M.... tJf1tP ;P)//~~ ~1ri.- . .----!=~ ,,' -:. Uii&"'~ ,.' r:.~33.-e6 ~~ ~ UZ- ':-~'.' 'l'f" .v.2- . ~. . . MEMO .L-J. &:- ._ -Y" I.. .. OJ. $IQMII.'MW J4- -~~~-~04 __----------.--: \,.( ~o~"i~E ITEM" . ,,'. ;. .-~... 0 iUS E - ~. i O' 0" ......_~---=:: '" 0 0 N ~-L> ~ a'!;o 0" ~~~ '. .l- I ___-~- i'()I)l~~&."tra: _ f'Of\ f\~~:) ,.4 - - . \ ~~~~. ~(/r/&5.. , . J(Main1_,~1 0 . fO'Io .. \. .)ll71f; /-19~ /,dr.c;z:/ds~~~' P^~~~NT 3 %t~" .u ":r \ TI1t<'~<- r/1VV::-.6// ,ifv:r,)~~ ! . . ' -- j / tJ€?4' ........ -= .eony-- . Che<:k ly1Ml 01 expense . Add detailS on memo line . Retain dupliCates in ~uxe Check boJl Me jl? /.2- ~..... - ., .' . . .. - . . .. . ..~ . ."..' . ... ~ ". -. . NEGOTIABLE i ~.lI " '\, BankofAmerica SF002B 6/7/2006 12:52:36 PM PAGE 2/002 lU= HtlH2945658 TO:STEPHEN RICHARD ECHO. 1PANY: BankofAmerica ~ ~ Bank of America Capture Date: 20051104 Sequence .: 7340006054 PaylO the oroer of 0." L(~.fi (;b/#~cI(' .~. . ..' . I $~~~zi.~~ ~1N!-{~cd~f!lI/t- ~;;'m iil~ 12..Q3 1276 STEPHEN RICHARD ECHOLS 1181/2 S.c. 7 AV. 5Cil-'S73-1475 DELRAY BEACH. FL 33483 tQ-2.J 1&3' R. J4Il ._~/~ Jk.:L~~./~u BankofAmerica~ ~ N:Ii fYT oal00an .. For .:.p=- / /tl/ -:01; 31.00 Z? 7.: . . '- o. '-_. :x: c.... Z .....; X c..... Om-" (") ." > ~ w .... ... Z -' C1'l"'-~::' o~Cl~ A__.t':" - o-":::>~ U". --l 0 __ . Q)r1~~ ~.:ac~~ ... -g - G;J.r. .... ;ZJ'~ - - (ii-< .~ I'Tl U) ,:". ..,.. . :2 :::n: I ., BNf( <f"f- r~A.'l4 ~!" ~ L ~ ~ ,.......,.;n .... nA._ ~.iri'T1 ., :.r~.JitlW~ l:~ ~fj~J()~~j~~ f$- 'Z ("') . No Elect,:oonic Endorsements Found Page 2 on mCC]ULFILLMENT .FEB 28 1996 06:32 Batch Fax Req. # 5262972 Wed JUD 07 14:46:26 CDT 2006 BankofAmerica SF002B PffiE.02 STEPHEN RICHARD ECHOLS 118112 S.E. 7 AV. 561-573-1475 DELRAY BEACH, FL 33483 12'()3 1282 Date 1'f8~#5' 63-271631 fl 7411 ~:J~~~~e vr;;:;v #'~ E~~vp . I $ /~/?'Z , I/lp " .'. ~&r/g).I:7tk~~ ..IMr drH~. .ftYsr/" ~ ~ Dgf'~b 6J ~ ;~~~:~ti~* ... ' 'FOr /M/Jr~"#>iJ..$"-/k~ . ... ~ ,". ' -' .' . I:D{;:rlO O"'~T?I:' riP L BankofAmerica SFOOZA 6/'112UUO 12: '1'/: U:.1 l-1M l-1Alit. z/uuz 1 U= tstHU:tt':l:>t:S:>ts TO:STEPHEN RICHARD ECHO' 'tPANY: BankolAmerica ~ ~ Bank of America Capture Date: 20060119 Sequence II: 7740872595 STEPHEN RICHARD ECHOLS 11& 112 S.E. 7 AV. 561-573-1475 OELAAY BEACH. FL 3343:) ~. ~'D'~ ~J~~orre cfilPt ~ ~n/.,9K5 t:U'"t1ci.t~. ~~ "V-..HI-7} Pr.<' I <;i;" ~. ~,- 12"():) //~/~ I I 1285 1i3-21JS3 t FL 748 I $ Z-Z y'J?,!.lQ .~ Dollars &J ==--= .\Ct4 R. T oe~ 100217 For b 1-- /t:J6 ... 1:0(; :IIiOD 27 ?: .,1000 2 2 ~ q ~ 0 0 .." I ;" ) L. o '. ::J:(. - Zt' ~ . ~ :J:r, _. o~ ~ to "U -: (") ..." ~ Q) .w~o z"< . . 0) """' ^O~ _ ;0,..,0 ~ .:::. __,(':.O-t . :: 0 ~'O~""T1::;r :-: ..:; u-. ~~'):>on> ~ -:: . CXJ ,.." -- ~ Q - (..o.):;:a-.;::,.~ - ~(X) 0" ,." 0.. .~~ . ~!~aW. f.!~ "'" "'a::a'-:;' ~~. ~:!N..~P.f ~11O-:: ~, ::let, _~Jc") 0 .. .~""lcv",,,., .....-.t,j .... .,:ti:.t. > . t31/19i$6' ~r - .9' t'-: .... .. I - i I :13 .. .... 1 ~. f t - ~~~~:~;~= ~~~:i .. .. - ... - - ':l::' .. -... J J <;~~~;:~'~~~~i . - 9. . __ - . -;J I I ,.--,. v:: ;. ;. .- , ~. ~'~ .. . I I ; I i en L No Electronic' Endorsements round . . // ...~t;~f3t?:~=_/~ .. :z (') . Page 2 of 2 IBCC]ULFILLMENT FEB 28 1996 06:26 Batch Fax Req. # 5262978 Wed Jun 0714:46:48 CDT 2006 BankofRmerica SF002A PRGE.02 'o/~A? ~ $ /3 'pV5: ~ BankofAmerica SFo.02B 6/7/2006 12:40:08 PM PAGE 2/002 TO. :'STEPHEN RICHARD ECHO.' , APANY: BankofAmerica ~ ~ Bank of America Capture Date: 20060206 Sequence II: 7340236472 .-------- STEPHEN RICHARD ECHOLS 118 112 S.E 7 AV. 561-573-1475 OELRAY BEACH, FL 334B3 12-03 Date ::~~rJt~e \ft/AJ ~tk -i-j, ,~~ -jt,DUS~ "'(p' Bank of America ~ . ~. ACHfVToaUIC1217 . ~. For /~p/~ 4'~' -- i!.~J' ... &/AJtY~~ J.k~ .~~fiiY ~:Ob :l i.Oo 217-: 10= 8882945658 1287 ~21I63J R. '.. "- ~ars ._.._ ._n"'" .. ,. ......__._ ~ ==::- 1.28? 1'.000;1. ~ q... 500..1 ------'-~ ., I ... I : J , , . -t . -, , ! I . I t J I f ~ I --- ;! . , .' ~. (J" N()ll~jR; ~H\ _ A~~I'Y" ,.....: 1\ ..... ...,.... ~. .."?':.-. LJ.. j :/J r7.l ZlC -51% -- - - -- --- z - ~.,-; ~ ,,- 'Z. - I.: .:-:. z _ . :.- .J -~ ~::::':.J~~:- :- No Electronic Endorsements Found ..... <:) ::c . :z :z: o CJ7:'U C") "TI ~ ~. ~'~Q.~~ ~2~o~ o'-t~ ""'i" ....:: .V". rrt ~ )> ~~:;.~~ c:r.~ 9::0 g. ...:0:.-..... -'< 00 CJ) >_ fTI en :z n I I I .. I I I i I ~ roo. . . -- . -- C''> -~ _to. - ------ .---- Page 2 on IBCC]ULFll..LMENT FFR ?R 1qqh ~:1q Batch Fax Req. ## 5262980 Wed Jun 0712:39:45 PDT 2006 BankofAmerica SF002A 6/7/2006 12:39:24 PM PAGE 2/002 lU= ~HS~Z~'l:>o:>~ TO:STEPHEN RICHARD ECHO: 1P.ANY : BankolAmerica ~ ~ Bank of America Capture Date: 20060228 Sequence f.: 7740122357 STEPHEN RICHARD ECHOLS 1181/2 S.E. 7 A.V. 561-57~1475 DELRA Y BEACH, FL 33483 Oa.e P/~~ Pay to the . r:;;'d ~ ~_~ L-:___~ . , ./ order of ~/4"~~ ....c-........./..c-~ ~ .' I $~.S' ,/J~F-.r pp ~~ ~~74""';;"" E'~ ~ ~/_"'~ 61 =:.-"::- Banko America ~ . ~> ~RfT01l3100211 ~ For ~ -2/~ ':01; :l J.OO 2? ?: 12-03 1294 1 I i 63-%11631 Fl 7" I i I iii' .11 0 Q 0 2 318 2l.a 0 0 1.1 ~ .. .;.---. . . ~.~ .:~-."i :~f~~iJ~~~:[~1 i - .. c::a- - - - ..... - -. ~ ~ ~ ~ ~; ~ ~ ~ ~~ ~ ...... = - ";:""- 'Of :: ~ ['. .::-i 'i c ~ '::.o. ~ ;. "): ~- ~ :!.i -- . ~ ..... ~ -;z. a: o OJ-o n...,,>~ w ~Q z-::. m. :;;';:0 ~~a..... :... O-,,~-.,=r U1......,O~(tl CQ-m !!! s: 0 . t..J' :c (; ITl ... CB:-o:::):;og. ......;0 - -... (.....-< nO fJ) >_ rrI - en --, ,. .; 1 > :a -:. ";:) ...;, , ~ !:f ~lrA"iiR ~1.-4 ~~94 ~:;.~~.. ~i ~1 . ~.&:'F;:-7'....~_~_. ~....1:i'" ll~U'af'f1Q i .~ ---- ------ .! : ===.= -= -..=-..=--=-=-:.._~ .; ::. ~=:- =-~~-.....::-= z ('") I No Electrorrlc Endorsements Found Page Z of2 lBCC]ULFILLMENT FE828 1996 06:18 Batch Fax Req. # 5262984 Wed Jun 07 12:39:01 PDT 2006 BankofAmerica SF002A PAGE. 02 Bank of America I Account Activity I Transaction Image Screen Page 1 of 1 BtmkotAnler'ca ItperStaufar4s Online Ba New mail . Search . Locations . Mail .. Help Accounts Bill Pay & e-BiIIs Transfer Funds Investments Customer Service Accounts Overview Account Activity Account Summary Find a Transaction Open an Account Check Image - Front P.osting Date: 0312012006 . Reference: 87540839437 Check #: 1301 Account: DDA-8954 Amount: $39,636.00 Nickname: STEPHafR.e-'tARDECHOLS 12-03 118 1/2 S.E. 7 AV. 561~73-1475 DElRAY BEACH, R..33483 Pay to the order of . Dale~~~ ......._...$~jf",t5t '; 61)<' ~', 1301 .~:;;~ k~Kj ~i~~'~~~ .:>(X ~;. 63-271631 Fl 7411 F . Dollars A -- . OJ". ;:..~.. ACH!VI' oIi311ie:2n For~ -?// 1:01; ;I '002 ? '(I: . ---.. .- ---. ---_._---~ 1.30 J. 1"000 :PH;~bOOI" To print this page for reference purposes please use the print button on your browser or click "File" . and "Print"..Moreinformationa~out images and imaQeavailability. I View front and Back r I Return to A~ount ActiVitY I Lower your risk of identity theft , Because you can control the information you choose to release, you are the single best person to protect your information. Online . Banking offers free features that can reduce your risk of identity theft. . ... .... ~. -",.. ..". ',' . . .,. . a Secure Area Accounts . .BIII Pay & e-Bills . l'ransfer Funds. Investments. Customer Service Privacy & Security . Search . Locations . Mall . Help '. Site Map . Sign Off Bank of America, N.A.Member FDIC. Equal Housing Lender GJ @ 2006 Bank of America Corporation. All rights reserved. https:llonlineeastl.bankofamerica.com/cgi-binlias/nMWrQX2_ NLhb3RGd16e2di8YKsmG... 6/6/2006 BankofAmerica SF002B 6/7/2006 12:53:18 PM PAGE 2/002 ID= 8882945658 TO: STEPHEN R I CHARD ECHO' fPANY : BankofAmerica ~ .~ Bank of America Capture Date: 20060509 Sequence 1#: 7540365532 ~~HEN RICHARD ECHOLS 12~ 1333 ~YiJr:.yS~~A.. 56:'475 Date 6/" /o~ D-21/1131 F1 U~ 748 ~:~O~e \!iU-J t:ar . ~~f~ '. '. . , $/J(f~i.~f' _d__~~;t./~~f "~...... ~.-==: .~ for IPl!{~ e%-f~. !.:O b :I ~OO ~? 71: ACH RIT DllS1~ ~3:J:I ,"000 I. ~ 5 ~ a b q .., ...- ~ -~ -- - , ---. -..-.- ---.......,. - -..-. .. ~. --'--- --- -- i I.~- -...." . "=' - I -. __'- Ii . - r '~~1ti~ilf ~~~~ , .~~:..~~~~~~~~ ,I ~i ~~i!i~'~ ~~~~ -.~.~.-'ii!~ ~;~ :j ~,~ ~ U! .1 . ..;; } ~ ~.. .: J z~ 1.4" i .' ....,; o :x - z ; ~ f' :..... :::c -lli _ "'"- .~ ~5-r1~~ I~ .'W-O 2~ .. -m"'" x~ ;; tom OoP .' _. i ~.::o. Z ItI '':''1 ..... ,.. ...... - f,~ -ig 5:,: g . . :. ~ ""'00 fTI''e. ~o '~.ivMRltflJW. ilIA '~~~~b~a.' ~(E36el G 1 Pf1 ; ~ :Q~ c=i!! . . - ~mlC& ~ :.Ui:kJo Q . - - ITI tJ =!t1:~D~:J:-i~~ -.; (I) I' T -:J 1" ~ . . .... ::> M ., . ....-:::. . ~ . I . ...1 ;. ; - 't- .- t . - [,.~ -,- .' ./') . " l - ~:.. ~, ..., ... t ;. '. - z f> . . .. -.._ f l No Electronic Endorsements'Found Page 2 on mCC]ULFILLMENT Batch Fax Req. # 5262938 WedJun 0714:47:09 CDT 2006 ~~Q ?Q 1qqh ~:,? 8ankofAmerica SF0028 PffiE.02 BankofAmerica SF002A 6/7/2006 12:58:32 PM PAGE 2/002 ID= 8882945658 Date ;?Y'~...> a:J-271C3J 11 I ~ 7Q $/J-~ c:?~ '" TO': STEPHEN RICHARD ECHO" .ofPANY: Banko'America ~ ~ Bank of America Capture Date: 20050726 Sequence II: 7740784350 ~ - .... / S'{t;HEN RlCliARD ECHOLS 12-03 '18 1/2 $.1;. ? AV. .56'~73-1"7S DElRAY BEAcH, R. 33483 :r:~otpe (~~ ~~-e-:r ~~~.~ ~a4kofAmerica . ~ . ACHft(l0tJ3'OO2n/NWI'~r For .~.r- -7/!!r' ':0 b :I J..OO 2 7 7.: ~ ~- p~~ ~ 1251 Dollars ~ -- , -- --- ~2Sl ~OOO~500000~ ... ___o. ___________.. __ . ! I I I --- e ~ ~~ ~ ~. ~ ~ , f~ I -'" ,.. .. .... - - ~:?'~~, ,-: ~ :~: ~f . ~. .. - - -;; - -. .,. - .. ...... ': . . - ~,~~ ~ "'- . ..) .-.... >:it . ~ . '. lW<< (f A.tA!C.~..~ ftIA 1o..:\L~~~"'"" ;-?''''~ ~1 ~1 TW~"''''~r -J- ~7i"di!6S /:/ :1f}/B"-~=-i~{) ~. , c I l '. No Electronic Endorsements Found Page 2 of2 mCC_FULFILLMENT FEE 28 1996 06:~R Batch Fax Req. ## 5262964 Wed Jun 0714:47:08 CDT2006 ~ -- o ::t: (.:..0.. Z C) :r c:::, o ~ (") .., ~ ~ W ;Il::.':: Z '< en' ..... =^-1 o r~ ::; 0 .:::. -- -, ~...-f ~~; :. ~ O? ....., ~.~ '7 w::::J-~~ 00 .,., ~ rt'\ 0- .l'- __;j ::0 '"!:l -..:z ~."7 Vi >Q m -- In - Z P . Historic Preservation ?ropert). Tax Exemption Application Part 3 - Request for Review of Completed work DOS Form No. HR3EIOJ292 Revised 09/03/00 Pa e Ten Upon completion of the restoration, rehabilitation or renovation, return this form with photographs of the completed work (views of site improvements, exterior and interior work for buildings) to the Division of Historical Resources or the Local Historic Preservation Office, as applicable. These photographs must provide a comprehensive description of the completed work. They should be the same views as the before photographs included in Part 2 of the application. Type or print clearly in black ink. The final recommendation of the Division of Historical Resources or the Local Historic Preservation Office, as applicable, with respect to the requested historic preservation property tax exemption is made on the basis of the descriptions in this Request for Review of Completed Work. 1. Property identification and location: Property Identification Number: I~ ,fJ If II ~ I /// t?tJ.51J Address of property: Street / $' ~ c5'E' ? &,er- City ~ ~ County ~I'tf g'c:/'/ Zip Code .33fLP.-:3 2. Data on restoration, rehabilitation, or renovation project: Project starting date / ~6' /0 .y. Project completion date: Estimated cost of entire project: $ cfl3 ~ /,.$ :2- ~~b Estimated costs attributed solely to work on historic buildings or archaeological site: $ ~ tJ PO 3. Owner Attestation: I hereby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation work described above and in Part 2 of the Historic Preservation Property Tax Exemption Application (Application) submitted for this project. I attest that the information provided is, to the best of my knowledge, correct, and that in my opinion the completed project conforms to The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and is consistent with the work described in Part 2 of the Application. I also attest that I am the owner of the property described above or, if the property is not owned by an individual, that I am the duly authorized representative of the owner. Further, by submission of this Application and Request for Review of Completed Work (Request), I agree to allow access to the property by representatives of the Division of Historical Resources or the Local Historic Preservation Office, where such office exists, and appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of information provided in the Application and this Request. I understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the qualifying improvements for the term of the exemption. I also understand that falsification of factual representations in this Application or Request is subject to criminal nctio u 0 the Laws of Florida. ?/rP~ . Name i ature Date Complete the following if signing for an organization or multiple owners (See next page for additional owners): ..g :..f' Title Organization name Mailing Address /4' f;- .sr 7# ~ ~ 3~ ,/C"L 3~/ttf>3 City ~ ~ State ,.,rL Zip Code J~}f::f' J Daytime Telephone Number f5l ~ ...s-7.3 /..;l /JS- Page Eleven - Request for Re\ iew of Completed Work DOS Form No. HR3ElOI292 Revised 09/03/00 List Additional Owners: Name 4/.-1 , Street City State Zip Code Name Street City State Zip Code Name Street City State Zip Code If there are additional owners, provide the indicated information for each on a separate sheet of paper. Property Identification Number I ~ 4-3 ~ , to 6 { 1\ B oe>-:s 0, Property Address ''1 \ t 0. ~~ -Ave. The ~ocal Historic Preservation Office ( )Division has reviewed Part 3 (Request for Review of Completed Work) of the Historic Preservation Property Tax Exemption Application for the above named property and hereby: ~etermines that the completed improvements to the property are consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter IA-38, F.A.C., and, therefore, recommends approval of the requested historic preservation tax exemption. ( ) Determines that the completed improvements to the above referenced property are not consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter IA-38, F.A.C., and, therefore, recommends denial of the requested historic preservation tax exemption for the reasons stated in the Review Comments below. Review Comments: Pag~ T\\ ~Iv~ - Requ~st for Re\ ie\\ of Completed Work DOS Form No. HR3E101292 Revised 09/03/00 Additional Roview Connnent"ttachod? Ye,( ) N~ . Signamre ~~~. Typed or printed name . . r;.. . Title\^,~~ SPr~~ +1Q~(I Date RESOLUTION NO. 64-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, GRANTING AN AD V ALOREM TAX EXEMPTION TO STEPHEN R. ECHOLS FOR THE HISTORIC REHABILIATION OF THE PROPERTY LOCATED AT 118 12 SE 7TH AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final ApplicationlRequest for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and received preliminary approval from the Historic Preservation Board on October 19, 2005, for an ad valorem tax exemption for the historic renovation and restoration of the property located at 118 12 SE ih Avenue; and WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on 118 12 SE 7th Avenue, for a determination that the completed improvements were consistent with LDR Section 4.5.1(M)(5) and recommends approval to grant an ad valorem City tax exemption to Stephen R. Echols for the restoration, renovation, and improvement to the property located at 118 12 SE 7th Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 118 ~ SE ih Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.5.1(M)(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, Stephen R. Echols, for a ten year period, commencing on 1/1/07, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/07 - 12/31/16, resulting from the renovation, restoration, and rehabilitation of the property located at 118 ~ SE ih Avenue, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2006-015: Lots 5 and 6, Block 118, Town of Delray Section 3. Prior to the ad valorem tax exemption described herein being effective, Stephen R. Echols shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the _ day of ,200_. ATTEST: MAYOR City Clerk 2 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER TO: SUBJECT: AGENDA ITEM # - REGULAR MEETING OF NOVEMBER 7 2006 RESOLUTION NO. 71-06 DATE: NOVEMBER 3, 2006 This is a resolution assessing costs for abatement action required to remove nUisances on ten (10) 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.71-06. S:\City Clerk\UEN PROCESS\AGMEMOS\Res No. 71-06.DOC RESOLUTION NO. 71-06 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CI1Y OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CI1Y OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETIING OUT ACTUAL COSTS INCURRED BY THE CI1Y TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPER1Y FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 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 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 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) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); 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 enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 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, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 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 DELRA Y 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 Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, 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 Sec. 3, become a lien upon the respective lots and parcel(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 as mortgages and foreclosures are under state law. Section 2. That such assessments 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 Delray Beach at the . meeting 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. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. 2 Res. No. 71-06 Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein 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. PASSED AND ADOPTED ill regular seSSIon on this , 2006. day of MAYOR City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W.1"t Avenue Delray Beach, Florida 33444 ATTEST: 3 Res. No. 71-06 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT SW 6th Ave N 50 FT of S 100 FT of W 135 FT of BLK 21 Gwyndolen Clarke PCN# 12 4346 1601 021 0060 1430 SW 6th Way CASE NO. 06 00053845 CUST 10 NO. 12072 Deerfield Beach, FL 33441 $216.00 Inv.30162 $25.00 Admin Fee $241.00 322 SW 5th Ave N 50 FT of S 356.4 FT of E 135 FT of BLK 24 Maurice & Patricia Lord PCN # 1243461601 0240040 8454 NW 14th St CASE NO. 0600054307 CUST 10 NO. 12008 Coral Springs, FL 33071 $ 216.00 Inv.30160 $ 25.00 Admin Fee $ 241.00 316 SW 4th Ave L TS 4 & 24 BLK 32 Sarah Bethel PCN# 12 43 46 16 01 032 0040 204 SW 2nd Ave CASE NO. 06 00053759 CUST 10 NO. 12071 Delray Beach , FL 33444 $ 227.00 Inv.30161 $ 25.00 Admin Fee $ 252.00 629 SE 2nd Ave W 63.36 FT of L TS 28. 29 & 30 BLK 7 Ben & Iris Hammett PCN# 12434621 01 0070281 2996 Byington Cir CASE NO. 06 00054418 CUST 10 NO. 30154 Tallahassee, FL 32303 $ 216.00 Inv.30154 I $ 25.00 Admin Fee $ 241.00 403 SW 5th Ave L TS 1 & 8 Abisset Corp Inc PCN# 12434620100000010 PO Box 7123 CASE NO. 06 00 053922 CUST 10 NO. 5420 Delray Beach, FL 33447 $ 216.00 Inv.30153 $ 25.00 Admin Fee $ 241.00 I Jefferson Rd LTS68 &69 Arturo Gutierrez PCN# 12 42 46 13 03 000 0680 3621 NW 108th Dr CASE NO. 06 00052447 CUST 10 NO. 11932 ~oral Springs, FL 33065 $ 253.00 Inv.30159 $ 25.00 Admin Fee $ 278.00 Ridley Temple Church of God In SW 13th Ave Christ of America L T 1 BLK 3 PO Box 958 PCN# 12434617 180030010 Delray Beach, FL 33447 CASE NO. 06 00054170 CUST 10 NO. 323 $ 216.00 Inv.30151 $ 25.00 Admin Fee $ 241.00 Res. No. 71-06 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SW 5th Ave N 6 FT of S 156 FT & N 5 FT of S 50 FT of E 135 FT & Prime Property Palm Beaches 156 FT of W 150 FT (LESS S 135 FT of W 135 FT) % Kevin Ballard, Reg Agent PCN# 12434616010220170 218 NW 11th Ave CASE NO. 0600052274 CUST 10 NO. 9509 ' Boynton Beach, FL 33435 $ 216.00 Inv. 29914 $ 25.00 Admin Fee $ 241.00 Delray Golfview Condo Assoc 645 SW 20th Ct % Herme Wallace, Reg Agent PCN# 12 43 46 19 22 000 0000 312 Live Oak Lane CASE NO. 06 00052976 CUST 10 NO. 8048 Boynton Beach, FL 33436 $ 305.00 Inv.29912 $ 25.00 Admin Fee $ 330.00 2310 Lake Ida Rd Madsen & Celita Louth PCN# 12 43 46 07 01 011 0250 2310 Lake Ida Rd CASE NO. 06 53301 CUST 10 NO. 12033 Delray Beach, FL 33445 $ 300.00 Inv. 29854 $ 25.00 Admin Fee $ 325.00 VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE Res. No. 71-06 ptPI- MEMORANDUM TO: FROM: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director~ Carolanne Kucmerowski, Construction Management TeChnician@ THRU: SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF NOVEMBER 7. 2006 CHANGE ORDER NO.1 (CONTRACT ADDITION)/CHAZ EOUIPMENT COMPANY. INC./STATE ROAD A-I-A WATER MAIN UPGRADE PROJECT DATE: October 31, 2006 This item is before the Commission to approve Change Order No.1 (Contract Addition) in the net amount of $60,550.00 to Chaz Equipment Company, Inc. for modifications to the sodded swale; and additional modifications to the asphalt trench restoration, as requested by the Florida Department of Transportation (FDOT), to the A-I-A Water Main Upgrade Project. The A-I-A Water Main Project was bid on July 13, 2006. On September 19, 2006 the City received the FDOT permit requiring an increased asphalt depth for the asphalt trench patch over the water main installation; which increased the asphalt thickness as compared to bid specification. In addition, the permit depicts drainage that will be installed with the upcoming A-I-A road project. At these drainage locations, the water main is offset utilizing additional 45 degree fittings. Also, the sodded swale was revised by staff to exclude the 24" infiltration envelope of rock base. A summary of Change Order No.1 is listed below: ITEM . Revised asphalt trench repair (per FDOT) . Additional fittings/restraints (per FDOl) . Sodded swale without infiltration envelope Net Change Order Amount AMOUNT +$73,590.00 +$ 2,160.00 -($15.200.00) +$60,550.00 The attached Schedule "A' to Change Order No.1 details all additional costs associated with this change order for Project #2002-023. Funding is available from 442-5178-536-65.27 (Water/Sewer Renewal & Replacement Fund/Other Improvements/State Road AlA, East Atlantic/Pelican). Staff recommends approval of Change Order No.1 (Contract Addition) in the net amount of $60,550.00 to Chaz Equipment Company, Inc. for modifications to the sodded swale; and additional modifications to the asphalt trench restoration, as requested by the Florida Department of Transportation (FDOT), to the A-I-A Water Main Upgrade Project. cc: Richard Hasko; Director of ESD Randal Krejcarek, City Engineer Rafael Ballestero; Dep. Director of Construction, ESD Agenda File 11/07/06 File 2002-023 (A) s:\EngAdminlProjects\200212002-02310FFICIALIChaz co #1 Agd Mom GC lI0706.doc 3.D CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. PROJECT TITLE: l/(Contract Addition) PROJECT NO. 2002-023 DATE: A-I-A Water Main Upgrade TO CONTRACTOR: Chaz Equipment Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. mSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER +5.10% TOTAL PER CENT INCREASE TO DATE +5.10 % $1,185,514.00 .00 $1,185,514.00 $60.550.00 $1,246,064.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Company, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 442-5178-536-65.27 ($60,550.00) DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor ATTEST: By: APPROVED: City Attorney City Clerk S:\EngAdminIProjectsl200212002-02310mCIALIChaz co 1 GC lI0706.doc 10/11/2008 09:33 FAX 5813332180 CHAZ EQUIPMENT CO INC III 004/008 City of Delray Beach SR A1A (Ocean Blvd.) Water Main Upgrade C.ng. Ord.r R.tqUMt . 8ctItdult A I".' ""~ Total 1=1 De&Ctiption I ~ I A8 Bid July 13, 2OQ8 (per plans and specgJ detail GU 1.1) Contract unit prices 4 Asphalt trench w.palr (a$llumed 5' wide trench) wi 1/12" uphalt 1 1/2 Type S-I (min.) 2977 sy x 1!lOil'$IB)' · 224 tons -A67 LF .224 tons 1e5.00 $ (3O,1IeO.00) Revteed per DOT Permit received 8'18108 from City 4 AaplYlt tr8nch repair (lIl1IJrned 5' wiele trench) wi 1112" 1I1phalt) 4 1/2" Type S-I (min.) 2977 sy x 45Oil's/sy · 670 tons 63&7 LF 670 tons 165.DO $ 110,550.00 Total Milt Add lt8m M $ 73,&90.00 Revised per DOT Permit recelvec:l 9119/01 from City Sa Alidlllonal 411 deg f1lt1ngslrllstralnts at furtura storm offsets (Sta 475 to 8la 478) 4 Ea s 540,00 S 2,160.00 Total Net Add It8m teA $ 2.160.00 As Bid July 13, 2006 (per plans and specs/detail GU 4.1) Contract unit prices 23 Soddec:l SW8I. w, 24 · *57 stone envelope -190D SY $ 18,00 $ (34,200.00) Rtvl..d per City direction to dele. Inftltratlon envelope per detail 23 Sodded hI.11 wiD envelope 1BOO SV $ 10.00 $ 19.000.00 Total Net DodLle1ltem t23 . (1',200.00) .01 Net add thl. Change Order request $ 60,550.00 Agenda Item No.:~...D AGENDA REQUEST DATE: October 31,2006 Request to be placed on: --1L. Consent Agenda Regular Agenda Special Agenda Workshop Agenda WHEN: NOVEMBER 7. 2006 Commission Meeting Description of item (who, what, where, how much): Change Order NO.1 (Contract Addition) in the net amount of $60,550.00 to Chaz Equipment Company, Inc. for modifications to the sodded swale; and additional modifications to the asphalt trench restoration, as requested by the Florida Department of Transportation (FDOT), to the A-1-A Water Main Upgrade Project #2002-023. This project was bid on July 13, 2006. On September 19, 2006 the City received the FDOT permit requiring an increased asphalt depth for the asphalt trench patch over the water main installation; which increased the asphalt thickness as compared to bid specification. In addition, the permit depicts drainage that will be installed with the upcoming A1A road project. At these drainage locations, the water main is offset utilizing additional 45 degree fittings. Also, the sodded swale was revised by staff to exclude the 24" infiltration envelope of rock base. Change Order No. 1 includes the following items: Revised asphalt trench repair (per FDOT), $73,590.00; Additional fittings/restraints (per FDOT), $2,160.00; and Sodded swale without infiltration envelope, (-$15,200.00) = Net Change Order Amount +$60,550.00 Budget Transfer Form Attached: Transferring $60,550.00 from funding account 442-5178-536-65.98 to 442-5178-536-65.27. The attached Schedule "A' to Change Order No. 1 details all additional costs associated with this change order for Project #2002-023. ORDINANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of Change Order No. 1 (Contract Addition) in the net amount of $60,550.00 to Chaz Equipment Company, Inc. for modificati the sodded swale; a dditional modifications to the asphalt trench restoration, as requested by the Florida Deprtmen of Tran ation ( D T) 0 the A-1-A Water Main Upgrade Project. Department Head Signature: f -, - ()4 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (re~on ~II i~~ms involving expenditure offunds): Funding availabli~W Funding alternatives (if applicable) Account No. & Description: 442-5178-536-65.27 fafter budaet transfer) Water/Sewer Renewal & Replacement Fund/Other Improvements/ State Road A1A. E. Atlantic/Pelican) City Manager Review: ~ Approved for agenda: ~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdminlProjectsI200212002-023\OmClAL\Chaz co #1 Agnd Req GC 11 0706.doc /-M~ MEMORANDUM FROM: David T. Harden, City Manager Richard C. Hasko, Environmenral Services Direcror ~ Carolanne Kucmerowski, Construction Management Technician ~ TO: THRU: SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF NOVEMBER 7. 2006 CHANGE ORDER NO.3 (CONTRACT ADDITION)/CHAZ EOUIPMENT COMPANY, INC./S.E./N.E.1sT STREET ONE WAY PAIR PROJECT DATE: October 31, 2006 This item is before the Commission to approve Change Order No.3 (Contract Addition) in the amount of $58,110.00 to Chaz Equipment Company, Inc. for an additional water main extension and additional work required for the Old School Square utility relocates associated with the S.E./N.E. 1st Street One Way Pair Project. The additional water main that is required was scheduled to be installed as part of the Strand Project, which is now defunct. This portion of water main falls within S.E. 1 st Street; and will be installed at S.E. 1st Street and S.E. 3rd Avenue. The scope of work includes layout, installation, testing, as-builts, and restoration. The additional utility work was requested by Florida Power & Light. The attached Change Order No.3 details all additional costs associated with this change order for Project #2004-006. Funding is available from 442-5178-536-65.88 (Water/Sewer Renewal & Replacement Fund/Other Improvements/S.E./N.E. 1st Street One Way Pair) and 442-5178-536-63.29 (Water/Sewer Renewal & Replacement Fund/Improvements Other/OSS Sanitary Sewer). Staff recommends approval of Change Order No.3 (Contract Addition) in the amount of $58,110.00 to Chaz Equipment Company, Inc. for an additional water main extension and additional work required for the Old School Square utility relocates associated with the S.E./N.E. 1st Street One Way Pair Project. cc: Richard Hasko; Director of ESD Randal Krejcarek, City Engineer Rafael Ballestero; Dep. Director of Construction, ESD Agenda File 11/07/06 File 2004-006 (A) S:\EngAdminlProjects\2004\2004-00610FFICIALICbaz co #3 Agd Mom GC 1] 0706.OOc ~IE CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 (Contract Addition) PROJECT NO. 2004-006 DATE: PROJECT TITLE: NE 1st Street! SE 1st Street Improvements TO CONTRACTOR: Chaz Equipment Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK. ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. mSTIFICATION: Additional water main required. Additional utility work required. All additional costs associated with Change Order No.3 are detailed on the attached sheets. SUMMARY OF CONTRACT AMOUNT OmGINALCONTRACTAMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADmSTED CONTRACT AMOUNT pmOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 5.89% TOTAL PER CENT INCREASE TO DATE 23.21 % $986,318.70 $170.850.00 $1,157,168.70 $58.1 10.00 $1,215,278.70 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Company, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is proposed from account: 442-5178-536-65.88 ($47,875.00) and 442-5178-536-63.29 ($10,235.00) DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor APPROVED: ATTEST: By: City Attorney City Clerk S:\EngAdminIProjects\2004\2004-006\OFFICIAL\CHAZ C0#3 GC II 0706.doc CIAlllVlrlll1 . ,_. .._.~n',,,,,,-;,,,,_ "'." ~1l<<!'f"!4<....~,,:,>...,,...,-:..~,.-~.,.,... Engineering Contractor 3180 Fairlane Farms Road, Suite 1 Wellington, Florida 33414 Tel: (561) 333-2109 Fax: (561) 333-2180 Contract Ilem# Description Qty / / U I Price City of Delray Beach NE 1st Street and SE 1st Street Infrastructure Improvements Schedule A Water Main Extension at SE 1st St and SE 3rd Ave per attached Exhibit A plan received from City of Delray 1 Site Mobilization! Demobilization 1 LS 2,500.00 $ 2,500.00 2 Maintenance of Traffic 1 LS 750.00 $ 750.00 5 Removal of existing pavement and scarifying base 1 LS 1,500.00 $ 1,500.00 13 Pavement restoration (Trench Repair) 150 SY 75.00 $ 11,250.00 27 8" DIP Water main 185 LF 95.00 $ 17,575.00 30 8" Gate valve Installed 4 EA 1,250.00 $ 5,000.00 10. 8" x 8" Tapping tee wi valve 1 EA 5,000.00 $ 5,000.00 21 · Connect to existing water main (possibly S. side of 3rd Ave) 1 EA $ 1,500.00 $ 1,500.00 17* Fill and Flush Assembly 1 EA $ 1,000.00 $ 1,000.00 35 Sample Point 4 EA 450.00 $ 1,800.00 Total $ 47,875.00 · A1A Water Main Contract Items /~ f L 10/17/2008 07: 13 FAX 5813332180 CHAZ EQUIPMENT CO INC 141 003/003 Project btnI Work Form DaIa: et161201I8 PraJ8ct N-.I Num_ Old ScltlaoJ SqUBI1I UIIIy FIelClClllet OwnlrIClent: City d clInIy s-;, Cha Fv_n: KIIvl" OeIlrtnclt 8n' FPL AddlllanBl Walk IlClt lneluCIICIIn oilClinBl prgpoBlll. TIe IIlUNut CllrldIonlllntv pIMW poIB1, r:onemo bclciH, lltlll hlllldholu; IIet 2 _ 5' K 5' IlIlnCI'lItII ~, . WOI'k Dftwlpll . Qlakup 1ld."Bl FPl m..n.r, Inll pull wIN lIll'Ol.l;h .111lII1BI1Id candullt, ReIlOl'Illlon Incluad Ill'Bllll\ll,lOddlllQ, Inll.cldlllanlli Ilrlek WOIlI. ~, -.-- ......---- -- ,;- ~~ ~ .~-- - ~ -- ~ ~ ~ ~ 2 1 LIIIIder 2 18,00 831.00 Oum TrIlck 1 21.00 84.00 E!lavItor 1 O4O.CIO SldlIlIOllr 810.00 Sul:llolll Labor SubtotII Equlpmenl S .t,1SO.CIO FIoIlllBm IIlXI EA 4 5 120,00' 410,00 SublotlllMterlli S 480.00 Sublotll SlItllRentsI equipment $ Total Addlttonal Work $ 8,900.00 15% OverhHd end profit s 1.335.00 Nel Total $ 10,23&.00 Agenda Item NO.:Cb. E:' AGENDA REQUEST DATE: October 31,2006 Request to be placed on: ---1L. Consent Agenda Regular Agenda Special Agenda Workshop Agenda WHEN: NOVEMBER 7.2006 Commission Meeting Description of Item (who, what, where, how much): Change Order No.3 (Contract Addition) in the amount of $58,110.00 to Chaz Equipment Company, Inc. for an additional water main extension and additional work required for the Old School Square utility relocates associated with the S.E./N.E. 1st Street One Way Pair Project. The additional water main that is required was scheduled to be installed as part of the Strand Projec~ which is now defunct. This portion of water main falls within S.E. 1st Street; and will be installed at S.E. 1st Street and S.E. 3r Avenue. The scope of work includes layout, installation, testing, as-builts, and restoration. The additional utility work was requested by Florida Power & Light. The attached Schedule "An to Change Order No. 3 details all additional costs associated with this change order for Project #2004-006. Funding is available from 442-5178-536-65.88 (Water/Sewer Renewal & Replacement Fund/Other Improvements/S.E./N.E. 1st Street One Way Pair) and 442-5178-536-63.29 (Water/Sewer Renewal & Replacement Fund/Improvements Other/aSS Sanitary Sewer). Budaet Transfer Form Attached: Transferring $47,875.00 from funding account 442-5178-536-63.51 to 442-5178-536-65.88; and transferring $10,235.00 from 442-5178-536-65.98 to 442-5178-536-63.29. ORDINANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of Change Order No.3 (Contract Addition) in the amount of $58,110.00 to Chaz Equipment Company, In n additional water main extension and additional work required for the Old School Square utility relocates associated wi the .E.lN. . rrStreet On y Pair Project. Department Head Signature: r- L - of, Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding availabl"'/~~ After Budaet Transfe~Q Funding alternat~ (if applicable) Account No. & Description: 442-5178-536-65.88 - (after budaet transfer) Water/Sewer Renewal & Replacement Fund/Other Improvements/S.E./N.E. 1st Street One Way Pair 442-5178-536-63.29 - (after budaet transfer) Water/Sewer Renewal & Replacement Fundllmprovements Other/OSS Sanitary Sewer City Manager Review: c:--~. Approved for agenda: YE~O Hold Until: '--" Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdminlProjects\2004\2004-006\0FF1CIAL\Chaz co #3 Agnd Req GC ] J0706.doc &6~ MEMORANDUM TO: David T. Harden, City Manager THRU: Richard C. Hasko, Environmental Services Director ~ FROM: Carolanne Kucmerowski, Construction Management Technician@ SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF NOVEMBER 7.2006 CHANGE ORDER NO. 1/FINAL (CONTRACT CLOSEOUT)/]OHNSON- DAVIS, INC. DATE: October 26, 2006 This item is before the Commission to approve Change Order No. IIFinal (Contract Closeout) in the net deduct amount of (-$68,274.95) and final payment in the amount of $106,328.05 to Johnson-Davis, Inc. for completion of the Lake Worth Drainage District (LWDD) L-33 Canal Box Culvert Extension Project. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for Project #2004-050.2 are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Residual funds to be liquidated from Purchase Order #634349 to funding account 380-4150-572-63.23 (2004 G.O. Bondi Neighborhood Parks). Staff recommends approval of Change Order No. l/Final (Contract Closeout) in the net deduct amount of (-$68,274.95) and final payment in the amount of $106,328.05 to Johnson-Davis, Inc. for completion of the LWDD L-33 Canal Box Culvert Extension Project. cc: Richard Hasko: Director of ESD Randal Krejcarek, City Engineer Rafael Ballestero; Dep. Director of Construction, ESD Agenda File 11/07/06 File 20Q4.Q50.2 (A) S:lEngAdminlProjects\2004\2004-050.2\OFFlCIALlJobnson Davis CO 1 Fmal Agd Mom GC 110706 CK.doc 75.F CHANGE NO. PROJECT TITLE: 1 / Final CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT PROJECT NO. 04-050.2 DATE: L WDD L-33 Canal Culvert Extension TO CONTRACTOR: Johnson-Davis, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. mSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER -8.18% TOTAL PER CENT DECREASE TO DATE -8.18 % $833,700.00 .00 $833,700.00 ($68.274.95) $765,425.05 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Johnson-Davis, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 380-4150-572-63.23. DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor APPROVED: ATTEST: By: City Attorney City Clerk S:\EngAdminlProjects\2004\2004-050.2\OFFlCIALlJolmson Davis co ] Final GC 110706.doc SCHEDULE "A' TO CHANGE ORDER NO. 1/ FINAL JOHNSON-DAVIS, INC. LWDD L.33 CANAL BOX CULVERT EXTENSION Item No. DESCRIPTION UNIT 1 Mobilization LS 2 Maintenance of Traffic LS 3 Record Drawinos LS 4 Demolition LS 5 Excavate Existing Canal CY 6 Trench PreDaration and Backfill CY 7 Finish Grading AC 8 Sitt Fence LF 9 Turbiditv Barrier & Pollution Control LS 10 Dewatering/By-Pass Pumping LS 11 10' x 12' Precast Concrete Box Culvert LF 12 Connection to existin!:! headwall at Coral Trace Blvd. LS 13 Connection to existing headwall at Box Culvert LS 14 Precast Concrete Access Structure EA 15 Seed & Mulch AC 16 Video Allowance LS 17 Contingency Allowance LS 18 Indemnification LS ORIGINAL CONTRACT TOTALS CHANGES TO ORIGINAL CONTRACT PROJECT #2004-050.2 CONTRACT AWARD EST UNIT EXTENDED QUANT. PRICE PRICE 1 $16640.00 $16,640.00 1 $3 200.00 $3.200.00 1 $2 500.00 $2.500.00 1 $25000.00 $25,000.00 2,750 $5.00 $13,750.00 7,300 $10.00 $73.000.00 1.9 $3 000.00 $5,700.00 1,000 $1.00 $1,000.00 1 $2 500.00 $2.500.00 1 1$100000.00 $100,000.00 341 $1 200.00 $409.200.00 1 $60 000.00 $60.000.00 1 $60 000.00 $60,000.00 2 $2 500.00 $5,000.00 1.9 $3 000.00 $5.700.00 1 $500.00 $500.00 1 $50 000.00 $50,000.00 1 $10.00 $10.00 $833,700.00 CHANGE ORDER NO.1 UNIT QUANT. UNIT PRICE EXTENDED PRICE Substitution of Precast Structures for Concrete Collars -Savin!:!s of $12,500.00 each L.F. 2 1$12,500.00 1$25,000.00 CHANGE ORDER NO.1 SUB TOTAL Plus Quantities Adjustment (Usted above) CHANGE ORDER NO.1 / FINAL. TOTAL GRAND TOTAL CONTRACT TO DATE ($25,000.00) ($43,274.95) ($68,274,95) $765,425.05 I CONTRACT SUMMARY Original Contract Amount Change Order No. 1/Flnal Total Contract Amount $833,700.00 ($68,274.95) $ 765,425.05 S:\EngAdmin\Projects\2004\2004-050.2\OFFICIAL\Johnson Davis Schedule A CO 1 Final GC 110706.xls CONTRACT TO DATE ACTUAL UNIT EXTENDED QUANT. PRICE PRICE 1 $16,640.00 $16,640.00 1 $3,200.00 $3,200.00 1 $2,500.00 $2,500.00 1 $25,000.00 $25,000.00 2,750 $5.00 $13,750.00 7,300 $10.00 $73,000.00 1.9 $3,000.00 $5,700.00 950 $1.00 $950.00 1 $2,500.00 $2,500.00 1 $100,000.00 $100,000.00 339 $1,200.00 $406,800.00 1 $60,000.00 $60,000.00 1 $60,000.00 $60,000.00 1 $2,500.00 $2,500.00 1.9 $3,000.00 $5,700.00 1 $500.00 $500.00 1 $11,675.05 $11,675.05 1 $10.00 $10.00 QUANTITIES ADJ. ( + / - I $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ($50.00 $0.00 $0.00 1$2,400.00 $0.00 $0.00 ($2,500.00 $0.00 $0.00 ($38,324.95 $0.00 $790,425.05 ($43,274.951 Agenda Item NO.:cg · F AGENDA REQUEST DATE: October 26, 2006 Request to be placed on: ~ Consent Agenda Regular Agenda Special Agenda Workshop Agenda WHEN: NOVEMBER 7. 2006 Commission Meeting Description of item (who, what, where, how much): Approve Change Order No. 1/Final (Contract Closeout) in t net deduct a ount of (-$68,274.95) and final payment in the amount of $106,328.05 to Johnson-Davis, Inc. - etion of the Lake Worth Drainage District (LWDD) L-33 Canal Box Culvert Extension Project #2004-050.2. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for Project #2004-050.2 are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Residual funds to be liquidated from Purchase Order #634349 to funding account 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks). ORDINANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of Change Order No. 1/Final (Contract Closeout) in th~~~mount of (-$68.274.95) and final payment in the amount of $106,328.05 to Johnson-Davis, Inc. fonompletion of the LWDD L-33 Canal Box Culvert Extension Project #2004-050.2. DepartmentHead~ ~ Signature: . /0 - ~~ - ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available @ (j;(- Funding alternative N/A (if applicable) Account No. & Description: 380-4150-572-63.23 2004 G.O. Bond Fund/Neiahborhood Parks City Manager Review: ~ Approved for agenda@NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdminlProjects\2004\2004-050.2\OFFlClALlJobnson Davis co 1 Final Agnd Req GC 110706.doc ~~ MEMORANDUM TO: David T. Harden, City Manager THRU: Richard C. Hasko, Environmental Services Dlrecto~()&1-- FROM: Carolanne Kucmerowski, Construction Management Technician @ SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF NOVEMBER 7.2006 CHANGE ORDER NO. 1/FINAL (CONTRACT CLOSEOUT)/ROSSO PAVING & DRAINAGE. INC. DATE: October 23,2006 This item is before the Commission to approve Change Order No. 1/Final (Contract Closeout) in the amount of $17,462.12 and final payment in the amount of$28,311.06 to Rosso Paving & Drainage, Inc. for completion of the US 1 Turn Lane at Intracoastal Park Project. The change order includes plus and minus quantity adjustments; and additional services required to complete the project (#2005-044). All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Funding is available from 334-4174-572-68.10 (General Construction Fund/Intracoastal Park US 1 Turn Lane). Staff recommends approval of Change Order No. 1/Final (Contract Closeout) in the amount of $17,462.12 and final payment in the amount of $28,311.06 to Rosso Paving & Drainage, Inc. for completion of the US 1 Turn Lane at Intracoastal Park Project. cc: Richard Hasko; Director of ESD Randal Krejcarek, City Engineer Rafael Ballestero; Dep. Director of Construction, ESD Agenda File 11107/06 File 200S-ll44 (A) S:\EngAdminlProjects\2005\2005-044\OFFlCIALlRosso CO 1 Final Agd Mom GC 110706 CK.doc ~.G. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. PROJECT TITLE: 1 / Final PROJECT NO. 05-044 DATE: US 1 Turn Lane at Intracoastal Park TO CONTRACTOR: Rosso Paving & Drainage, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. mSTIFICATION: Complete changes to project per the attached schedule "An. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER +16.33% TOTAL PER CENT INCREASE TO DATE +16.33 % $106,872.50 .00 $106,872.50 $17.462.12 $124,334.62 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Rosso Paving & Drainage, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 334-4174-572-68.10. DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor ATTEST: By: APPROVED: City Attorney City Clerk S:lEngAdmin\Projects\2005\2005.044\OFFlCIALlRosso co I Final GC II0706.doc Item No. DESCRIPTION UNIT 1 Maintenance of Traffic L.S. 2 PavemenVCurb Removal S.Y, 3 Mill existing asphalt S.Y, 4 Compacted Subgrade S.Y, 5 15" Limerock S.Y. 6 1-1/2" SP 12.5 S.Y. 7 2" FC 12.5 S.Y. 8 Type "E" Curb & Gutter L.F. 9 Modify Inlet Top EA 10 Tvoe "J" wi P-5 Too & 18" RCP EA 11 Temoorarv Paint Strioino L.S. 12 Thermoolastic Strioino L.S. 13 Sionaoe L.S. 14 Sod S.F. 15 Irrigation Allowance L.S. ORIGINAL CONTRACT TOTALS ADDITIONS TO ORIGINAL CONTRACT SCHEDULE "A' TO CHANGE ORDER NO.1 I FINAL ROSSO PAVING & DRAINAGE, INC. US 1 TURN LANE AT INTRACOASTAL PARK PROJECT #2005-044 CONTRACT AWARD EST UNIT EXTENDED QUANT. PRICE PRICE 1 $33,000.00 $33,000.00 410 $5.50 $2,255,00 205 $21.50 $4,407,50 435 $2.75 $1,196.25 415 $24.75 $10,271.25 340 $12.00 $4,080.00 540 $18.00 $9,720.00 485 $29.50 $14,307.50 2 $3,800.00 $7,600.00 1 $9,250.00 $9,250.00 1 $800.00 $800.00 1 $1.000.00 $1.000.00 1 $700.00 $700.00 3,650 $0.90 $3.285.00 1 $5.000.00 $5,000.00 CONTRACT TO DATE ACTUAL UNIT EXTENDED QUANT. PRICE PRICE 100% $33,000,00 $33,000.00 410 $5.50 $2,255.00 185 $21,50 $3,977 ,50 555 $2.75 $1,526,25 530 $24.75 $13,117,50 611 $12.00 $7,332,00 611 $18.00 $10,998,00 478 $29,50 $14,101,00 3 $3,800,00 $11,400.00 1 $9,250,00 $9,250.00 100% $800,00 $800.00 100% $1,000.00 $1,000.00 100% $700.00 $700.00 5,184 $0.90 $4,665.60 10% $5,000.00 $500.00 $106,872.50 $114,622,85 CHANGE ORDER NO.1 UNIT QUANT. UNIT PRICE EXTENDED PRICE 18" RCP L.F. 53 $60.00 $3,180.00 Rosso 5% $159.00 Curb Pad Reconstruction L.F. 138 $6.00 $828.00 Maintenance of Traffic (for above Items) $775.00 Remobilization (9/21/06) $2,500.00 (8121/06-Pulled off lob due to poles in the way) Maintenance of Traffic (for coles) $1,700.00 Concrete - Filled in where Doles were located C.Y, 1 $352.64 $352.64 Labor $217.13 (Supervisor 1.5 hrs. I!ll 52.75 = $79.13) (Two Laborers 2.5 hrs.1!ll27.60 = $138.00) CHANGE ORDER NO.1 SUB TOTAL Plus Quantities Adjustment (listed above) CHANGE ORDER NO. 1/ FINAL. TOTAL GRAND TOTAL CONTRACT TO DATE $9,711.77 $7,750.35 $17,462.12 $124,334.621 CONTRACT SUMMARY Original Contract Amount Change Order No. 1/Final Total Contract Amount $ 106,872.50 + $ 17,462.12 $ 124,334.62 QUANTITIES ADJ. (+ ,-) $0.00 $0.00 ($430.00 $330.00 $2,846.25 $3,252.00 $1,278.00 ($206.50 $3,800.00 $0.00 $0.00 $0.00 $0.00 $1,380.60 ($4,500.00) $7,750.35 AGENDA REQUEST Agenda Item No.: ~ ~ DATE: October 23, 2006 Request to be placed on: ~ Consent Agenda Regular Agenda Special Agenda Workshop Agenda WHEN: NOVEMBER 7,2006 Commission Meeting Description of item (who, what, where, how much): Change Order No. 1/Final (Contract Closeout) in the amount of $17,462.12 and final payment in the amount of $28,311.06 to Rosso Paving & Drainage, Inc. for completion of the US 1 Turn Lane at Intracoastal Park Project #2005-044. The change order includes plus and minus quantity adjustments; and additional services required to complete the project. All changes for the project are itemized on the attached Schedule "A" to Change Order #1, Final. Budget Transfer Form attached: Transferring $+T;453. frUffi funding account #334-3162-541-61.17 to #334- 4174-572-68.10. 1n,L(~3 ORDINANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of Change Order No. 1/Final (Contract Closeout) in the amount of $17,462.12 and final payment in the amount of $28,311.06 to Rosso Paving & Drainage, Inc. for completion of the US 1 Turn Lane at Intracoastal Park Project #2005-044. DepartmentHead~'- ,~ ,4 !':7 Signature: ~ . ~ IU-v5-0~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~ UbI Funding alternatives N/A (if applicable) Account No. & Description: 334-4174-572-68.10 Cafter budaet transfer) General Construction Fund/Intracoastal Park US 1 Turn Lane City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdminlProjcCls\2005\2005-044\OFFlCIALlRosso co 1 Final Agnd Rcq GC ]] 0706.doc wt. MEMORANDUM . TO: David T. Harden, City Manager THRU: Richard C. Hasko, Environmental Services Director ~ FROM: Carolanne Kucmerowski, Construction Management Technicia@ SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF NOVEMBER 7.2006 SERVICE AUTHORIZATION NO. 14.2/CURRIE SOWARDS AGUILA ARCHITECTS DATE: October 23, 2006 This item is before the Commission to approve Service Authorization No. 14.2 in the amount of $17,105.00 to Currie Sowards Aguila Architects for additional services required for the repair of the existing sea wall associated with the Intracoastal Park, Florida Inland Navigational District (FIND), Project. It was not evident from the initial sea wall inspections, which were performed from land, that the existing sea wall was in disrepair. Inspections performed from the water indicated that repairs were needed; to include repairs to the wall panels. The repair work will take approximately three (3) days per week over a four (4) week period to complete. The additional services include: 1. Existing sea wall inspection and visual corrosion evaluation. 2. Preparation of construction documents, details, and associated technical specifications for the repair. 3. Observation of field repairs for application of proposed repair methods and limits of repair determination. Funding is available from 334-4174-572-63.90 (General Construction Fund/Other Improvements). Staff recommends approval of Service Authorization No. 14.2 in the amount of $17,105.00 to Currie Sowards Aguila Architects for additional services required for the repair of the existing seawall associated with the Intracoastal Park, Florida Inland Navigational District (FIND), Project. 'b:\\ S:\EngAdmin\Projects\2001 \2001-007\OFFlCIALlCurrie SA 14.2 Agd Mem GC 110706 CK.doc CURRIE · SOWARDS · AGUILA · ARCHITECTS Robert G. Currie, AlA Jess M. Sowards, AlA Jose N. Aguila, AlA CURRIE SOWARDS AGUILA ARCHITECTS CONSULTING SERVICE AUTHORIZA nON DATE: Ootot1er 19.2006 SERVICE AUTHORIZATION NO. 14.2 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: INTRACOASTAL (F.I.N.D.) PARK CSAA # 021002 Thi6 Service Authorization, when executed, 6hall be incorporated in and 6hall become an integral part of the Contract. Title: INTRACOASTAL (F.I.N.D) PARK I. PROJECT DESCRIPTION Service6 generally con6i6t of preparation of repair document6 for the exi6ting 6ea wall, a6 well a6 monitoring the required repairo. II. SCOPE OF SERVICES Service6 for thi6 project are anticipated to include the following: 1. Exi6ting 6ea wall in6pection and vi6ual corro6ion evaluation. 2. Preparation of con6truction document6, detail6, and associated technical 6pecification6 for the repair. 3. Ob6ervation of field repairo for application of proposed repair methods and Iimit6 of repair determination. It is assumed that the repair work will take three (3) daY6 per week over a four (4) week period. III. BUDGET Fee6 for profe66ional 6ervice6 a660ciated with the ta6k6 1i6ted herein 6hall be a lump 6um fee of Seventeen Thoueane.l One Hune.lree.l ane.l Five Dollare ane.l No Cente ($11.106.00) including reimburoable expen6e6. IV. COMPLETION DATE Document preparation will be completed within thirty daY6 of approval and monitoring will coincide with con6truction activities. Thi6 6ervice authorization i6 approved contingent upon the City'6 acceptance of and sati6faction with the completion of the service6 rendered in the previou6 pha6e or as encompa66ed by the previou6 6ervice authorization. If the City in it6 60le discretion i6 un6ati6fied with the 6ervice6 provided in the previou6 pha6e or 6ervice authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may FORMERLY ROBERT Q, CURRIE PARTNERSlIIP, INC.' AlA FLORIDA FIRM OF TlIE YEAR 2000 I 34 North east First Ave n u e . 0 e Ira y Beach, Florida 33444 . 561.276.495 I . Fax: 561 -243 -8 I 84 . A AO 00227 I w w w . cur r ie arc. corn :7,:1'2 ~~~~ :i/ dU ~mmence work on any Bervice authorization approved by the City to be included aB part of the contract without a further notice to proceed. Approved by: CITY OF DELRA Y BEACH: Date Mayor AtteBt: Approved aB to Legal Sufficiency and Form CURRIE SOWARDS AGUILA ARCHITECTS Date l\ 1.1 O~ By.~ (Seal) BEFORE ME, the foregoing inBtrument, thiB , dayof Nc>~. 200~ waB acknowledged by JOBe N. Aguila, AlA on behalf of the Corporation and Baid perBon executed the Bame free and voluntarily for the purpoBe there-in expreBBed. WitneBB my hand and Beal in the County and State aforeBaid thiB --.!._day of No"'. . 200'.. ~.~~ Notary Public State of Florida My CommiBBion ExpireB: ,\\\\lIlIlIlnlfl ~,'\, leD III. ~... .1 ~\"Ie n <?w I,.: ~ \""" ......... ~ ;,;...-:: ~ ...:..~ISSION,co:.. ~ ;:: . 0'" 7 "-1;<)' ., ~ :.>...0 #eJY '~a~'" ~ - .~ ~ ~~. ~ ::: . (Sa~n (P._ = * : W\I,. : * = i a \ '00176008 :!f:~ ~:;..\- "f:ii~ ~~'" ~~ded~ .'cr.~ ~ ;t-. ..;rFain-Ifl9,J-~':~... ~'" ~ ~,oUB .......'o~ ~~ ""11 Vc, SH,'~ "".... ""f,...,,,.I" ~g ZS)'JJ Agenda Item NO.:~~ AGENDA REQUEST DATE: October 23, 2006 Request to be placed on: ~ Consent Agenda Regular Agenda Special Agenda Workshop Agenda WHEN: NOVEMBER 7,2006 Commission Meeting Description of item (who, what, where, how much): Service Authorization No. 14.2 in the amount of $17,105.00 to Currie Sowards Aguila Architects for additional services required for the repair of the existing sea wall associated with the Intracoastal Park, Florida Inland Navigational District (FIND), Project #2001-007. It was not evident from the initial sea wall inspections, which were performed from land, that the existing sea wall was in disrepair. Inspections performed from the water indicated that repairs were needed; to include repairs to the wall panels. The additional services required include: Existing sea wall inspection and visual corrosion evaluation; Preparation of construction documents, details, and associated technical specifications for the repair; and Observation of field repairs for application of proposed repair methods and limits of repair determination. ORDINANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of Service Authorization No. 14.2 in the amount of $17,105.00 to Currie Sowards Aguila Architects for additional services required for the repair of the existing sea wall associated with the Intracoastal Park, Florida Inland Navigational District (FIND), Project #2001-007. ~:-::nt Head rZ ~ _ W/ 10-2,3>-0(,. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~ 14..... Funding alternatives Account No. & Description: (if applicable) 334-4174-572-63.90 General Construction Fund/Other Improvements City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdminlProjects\2001\2001.oo7\0FFlCIALICurrie SA 14.2 Agnd Req GC 110706.doc City Of Delray Beach Department of Environmental Services MEMORAN /?Atbtt D u M www.mydelraybeach.com TO: David T. Harden, City Manager Richard C. Rasko, P.E., Environmental Services Directo~ SUBJECT: MILLER PARK REDEVELOPMENT FROM: DATE: November 3, 2006 Attached is a copy of Service Authorization 3.1 for Kimley-Horn and Associates, Inc., for the provision of professional consulting services required for the redevelopment of the athletic complex at Miller Park. The scope of services includes formalization of the site plan previously presented to City Commission and preparation of all materials necessary for a Site Plan Review and Approval Board (SPRAB) submittal. Also included in the scope is the preparation of all construction documents necessary to accommodate permitting, and construction of the improvements, as well as acquisition of required site development permits. Proposed park improvements include: · Miracle League facility · A 300' baseball field · Three 225' baseball fields · Concession/restroom/pres s box building · Parking/walkway lighting · Two parking lots · Landscape/irrigation · Relocation of existing pavilion · Eight batting cages · Warm-up pitching mounds and pitching wall · 90' skinned practice infield · Sports lighting · Storage Building · Rehabilitation of Little Fenway press box building · Hardscape features including benches, fountains, trash cans, walkways, etc. The current construction budget for the listed improvements is approximately $5,500,000. The fee for the described scope of services is $329,450 with an additional $28,743 for reimbursable expenses for a total amount of$358,193, representing approximately 6.5% of construction costs. Funding for this agreement is available in Parks & Recreation Bond Fund account #380-4150-572- 63.23, Neighborhood Parks. Please place this item on the November 7, 2006 agenda for consideration by Commission. Cc: Joe Weldon, Parks & Recreation Director Project file 2006-052 '6 . --r. ~_n Kimley-Hom ..... _, .. and Associates, Inc, ,.1 SERVICE AUTHORIZATION NO. . TO THE AGREEMENT TO FURNISH PROFESSIONAL SERVICES DA TED MAY 21, 2004, BETWEEN THE CITY OF DELRA Y BEACH, FLORIDA AND KIMLEY -HORN AND ASSOCIATES, INC. This SERVICE AUTHORIZATION shall modify the professional services agreement (AGREEMENT) between the City of Delray Beach (CITY) and Kimley-Hom and Associates (Consultant) referenced above and shall become part ofthat AGREEMENT as if written therein full. Changes in the indicated Scope of Services will be subject to negotiation and implemented through an Amendment to this agreement. PROJECT DESCRIPTION The City of Delray Beach (City) passed a $24 million Parks Bond Program to [mance improvements to the City's parks, library and Old School Square. Kimley-Hom and Associates (KHA) was issued a work authorization to provide site planning and public involvement services for the Miller Park Improvements. That task has been completed with the City Commission approving the site plan at the commission meeting of September 5, 2006. This service authorization will be for the Consultant to prepare construction documents suitable for public bidding, and assist in obtaining construction permits. Construction phase services will be limited to attending the initial pre-construction conference and shop drawing review. From that point forward, the City will handle construction phase servIces. The site plan as approved by the City Council includes an estimated $5,487,673 (including miracle league facility) in improvements consisting of: . A Miracle League facility including ball field and restroom/concession stand. . A new 300' baseball field . Three new 225' baseball fields . Concession/Restroom/Pressbox building . Eight batting cages . Warm-up pitching mounds and pitching wall . 90' skinned infield for practices . Sports field lighting . ParkinglW alkway lighting. Two automobile parking lots . Landscaping/Irrigation . Relocate existing pavilion . New storage building . Rehabilitation of Little Fenway Pressbox Building . Hardscape features including benches, water fountains, trash cans, bleachers, walkways, etc. SCOPE OF SERVICES This work authorization includes the preparation of construction documents, and assistance in obtaining construction permits. 1.0 PREPARATION OF CONSTRUCTION DOCUMENTS Utilizing the schematic site plan approved by the city commission, the Consultant will develop a construction plans and specifications package suitable for public bid. The package will include items identified in the Preliminary Opinion of Probable Construction Cost prepared by the Consultant and dated July 27, 2006. These improvements include the general site clearing and grading, pedestrian paths, sports field construction, sports lighting, parking lot, landscaping and irrigation and hardscape features. In addition, the City would like to construction a free standing restroom! concession stand for the park. This building will be approximately 3,000 ft. in size and will include the following: . Men's and Women's restrooms . Concession stand . Main electrical service room . Storage space . Maintenance area . 2nd floor for press box. Also, the city would like to construct a storage building on an existing slab as well as relocate the existing pavilion. The construction plans package should generally include the following information: . Site Plan . Project Phasing Plan(s) . Geometric Control Plane s) . Demolition Planes) . Paving and Grading Planes) . Pavement Marking Plan and Details 2 . Paving and Grading Details . Water and Sewer Planes) . Water and Sewer Detail(s) . Site Furniture and Fencing Details . Batting Cages and Pitching Mound Details . Landscaping Plan . Landscaping Notes and Details . Irrigation Plan . Irrigation Notes and Details . Site Lighting and Sports Field Lighting Plans . Site Lighting and Sports Field Lighting Details . Architectural Building Plans . Building Structural Plans . Plumbing Plan and Isometrics . Plumbing Details and Schedules . Mechanical Plan . Building Electrical Plan . Building Lighting Plan . Electrical Notes Details and Schedules . Pavilion Details The Consultant will submit documents for review to the City at the following stages: . 30% plans . 60% plans and specification outline . 90% plans and specifications . 100% (Final) plans and specifications The Consultant will provide an Engineer's Opinion of Probable Cost with the 60%, 90% and 100% (Final) submittal packages. The consultant will meet once with City staff after each submittal to review and discuss City comments. The drawings will be developed in a 24" x 36" format and also printed in II" x 17" format. Final (100%) drawings and documents shall also be submitted in electronic format (pdf files). The Consultant will use City front end documents to cover the advertising and contractual procedures. Survey information provided by Heller-Weaver and Sheremeta will be utilized for the design. An electronic copy of the survey has been requested and will be needed in order to begin the preparation of the construction documents. 3 Deliverables: . 30% Submittal: o 10 sets of II" x 17" Construction Drawings . 60% Submittal: o 10 sets of II" x 17" Construction Drawings o 10 copies of Outline Specifications . 90% Submittal: o 10 sets of 11" x 17" Construction Drawings o 10 sets of Technical Specifications o One copy of Engineer's Opinion of Probable Construction Cost . Final (100%) Submittal: o 10 sets of24" x 36" Construction Drawings o 10 sets of Technical Specifications o Final copy of Engineer's Opinion of Probable Construction Cost o CD with PDF electronic files of final plans and specifications 2.0 BID AND AWARD SUPPORT SERVICES Not Used. 3.0 PERMITTING It is anticipated that site plan approval as well as building permits will be required for this project. The Consultant will prepare a site plan approval package and submit package on behalf of the City for review and approval. The Consultant will assist the successive bidder in obtaining necessary building permits. Additionally, the following permits are anticipated and include the following. KHA will prepare the permit applications and supporting data and respond to request for additional information by the permitting agencies. . SFWMD- Environmental Resources Permit . Palm Beach County Health Department- Permits for potable and sanitary sewer. . NPDES notification Note: It is anticipated potable water will be used for irrigation and a SFWMD consumptive use permit will not be needed. 4.0 CONSTRUCTION PHASE SERVICES Once the project has been awarded, the Consultant will attend one pre-construction conference. In addition, the Consultant will review shop drawings and approve or make other appropriate actions. Any additional services will require further approval by the City. 4 Deliverables: . Bid Documents- One set to City for distribution . Permitting sets- 10 sets (signed and sealed) . Construction sets- One set to City for distribution 5.0 SERVICES NOT INCLUDED This authorization does not include the following task: . Bid and Award or CM at Risk negotiation services . Construction Phase Services other than those described here-in . Design of any Traffic Signals . Design of entry signage 6.0 INFORMATION PROVIDED BY THE CITY In addition to providing site access assistance, the City shall provide the Consultant with a current electronic version of the front end portion ofthe contract documents including bond, insurance and other language. Also, an electronic version of a current project survey is required. 5 BUDGET The Consultant will provide the basic services described in this scope of services for the lumps sum amount of$ 358,193 as shown in the attached staff hour estimate. This fee includes $ 329,450 of labor and $ 28,743 of expenses. The lump sum amount does not include any allowance for Additional Services. The fee break down is as follows: Prime Consultant- Kimley-Hom and Associates (KHA) Landscape Architecture and Irrigation- KHA Building Architect- Walters-Zackria Site Electrical/Sports Field Lighting-EDA Geotechnical Consultant- Tierra (Allowance) Total $140,393 $32,500 $117,800 $52,500 $15.000 $358,193 III. COMPLETION DATE The CONSULTANT will initiate work once the Service Authorization is approved by the City Commission. No separate Notice to Proceed will be issued by the City. The CONSULTANT will prepare construction documents sufficient for public bidding or Construction Manager at Risk Pricing within 150 days from the Commission Action, subject to the cooperation from the City regarding coordination meetings, reviews of drawings and specifications, and SPRAB approvals. A tentative design schedule is attached to this Service Authorization. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK 6 Approved by: CITY OF DELRA Y BEACH: Date: Mayor Attest: Approved as to Legal Sufficiency and Form KlMLEY-HORN AND ASSOCIATES, INC: Date: By: (Seal) Witness Witness Attest: BEFORE ME, the foregoing instrument This _ day of of2006 was acknowledged by On behalf ofthe Corporation and said Person executed the same free and voluntarily For the person there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 2006. Notary Public State of Florida My Commission Expires: 7 City of Delray Beach Budget Transfer Form (1) Departmental Une Transfer (2) Date: 11-03-06 (3) Interfund/lnterdepartmental Transfer (4) Batch Number: (5) Requested By: Richard Hasko PROJECT * (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 2004-050 380-4150-572-68.29 Eagle Park $3~~.OO 380-4150-572-63.23 Neighborhood Parks $3WOO $3~.OO $3~o&t.OO JUSTIFICATION: Budget transfer necessary to provide funds for professional consulting fees for Miller Park redevelopment Department Hea Budget Admlnlstra ' 1/ 3/6 Finance Director City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-PROJECT FILE PINK-DEPARTMENT AGENDA ITEM NUMBER: 1>1=. AGENDA REQUEST Date: November 3, 2006 Request to be placed on: ~ Regular Agenda Special Agenda Workshop Agenda When: November 7, 2006 Description of agenda item: Staff requests Commission approval of Service Authorization # 3.1 in the total amount of $358.193 for provision of professional consulting services required for the proposed redevelopment of Miller Park playing fields and appurtenances. Scope includes formalization of site plan and preparation of all submittal materials for site plan approval as well as all construction documents required for permitting and construction of the proposed improvements. Proiect budget estimate is approximately $5.500.000. This proposal represents 6.5% of estimate construction cost and will be funded from Parks & Recreation Bond Fund account #380- 4150-572-63.23. Neighborhood Parks. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: Staff recommends ~ ~ Department Head Signature: ( . 11- '3 - ()J, Determination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ! ly.d Lif- No Funding alternatives (if applicable): Account Number: 3& tJ -' '/; 'J ~ ~ 57 Z, 63- 2...5 pUr;t<-b<<h(}()c;l ftuk.5 :..- 1-3'50' /93 4g"~. lrC1.-0clAr- Account Description: Account Balance: City Manager Review: Approved for Agenda: f0 ~1Jt No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: ~ ~D . HA~N' CITY MANAGER .~ I THRU: PA~L ~~RLlNG ECTOR OF PLANNING & ZONING FROM: ~A~ PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF NOVEMBER 7,2006 - REGULAR AGENDA APPROVE A REQUEST FROM THE COMMUNITY CHILD CARE CENTER FOR THE EXCLUSIVE USE OF THE SANDOWAY PARK PARKING LOT TO ACCOMMODATE THEIR ANNUAL DONOR APPRECIATION LUNCHEON TO: The Community Child Care Center will be hosting their annual "Foundation of Friends Luncheon" at the Delray Beach Marriott Hotel on February 21, 2007 from Noon to 1 :00 PM. The Community Child Care Center is a 501C non-profit organization providing day care and other services for children throughout the Delray Beach area. Last year's event hosted approximately 300 guests with great success except for the inability of the Marriott Parking Garage to accommodate the parking demands of the event. It is anticipated that attendance will be substantially greater this year. Therefore, the Community Child Care Center is requesting exclusive use of the Sandoway Parking Lot for the event. To facilitate the request, the lot will remain closed in the morning and open just prior to the event (approximately 11 :30 AM). The Center will man the entrance of the parking lot and restrict access to guests of the event only. Normal operation of the lot will resume at 12:30 PM at which time the general public will be admitted to utilize any remaining spaces. It is recommended that enforcement of the meters in the lot be suspended for the entire day to allow for guests of the event to remain in the downtown area without being cited. The Community Child Care Center provides vital services, therefore utilization of the lot for this limited duration is appropriate. The Parking Management Advisory Board, at its meeting of October 24, 2006, unanimously recommended approval of the applicant's request By motion, recommend approval of the applicant's request as outlined above and waive enforcement of the payment of parking meter fees for the entire day. Attachment: Letter of Request Q.0 Community Child Care Center FOUNDATION October 19, 2006 Mr. Scott Aronson 100 NW 1st Ave Delray Beach, FL 33444 Dear Scott, The Community Child Care Center will again host the 'Foundation of Friends Luncheon' at the Delray Beach Marriott on February 21, 2007 from 12:00pm-1:00pm. This Luncheon serves as a thank you to our existing donors as well as a venue to introduce new community members to our organization. It aids the Center in establishing and fostering meaningful relationships with our community partners and keeps our donors engaged in our mission. These relationships are vital to our success. While last year's event was an overwhelming success with close to 300 people in attendance, we had the unfortunate problem ofthe hotel not having enough spaces to accommodate our guest. Because a great deal of our donors and board members are' snow birds', we have found this date and time to be very effective and are hesitant to reschedule the event, so we are reaching out to . you for help. This year we are expecting an even greater attendance, therefore, we would like to resolve this parking issue beforehand as sufficient parking is critical to our event. Weare respectfully requesting the exclusive use of the Sandaway City Parking Lot for our Luncheon. We will place a volunteer at the entrance when the lotis opened to control parking. This provision would truly allow thiI;lgs to run more smoothly, enabling us to focus on the task at hand: gaining support for children and families in need in our community. Thank you for your consideration. I look forward to seeing you on Tuesday, October 24 at 5:30 P.M. Please do not hesitate to contact me in the meantime at 561-276-0520 x115. Sincerely, ~ Stephanie Seibel . Director of Development Changing lives .Building communities. Making a difference. n.e cccc is a SOI(c) non-profit charitable organization. A copy oftbe official regislration #SC-03492 and financial infonnation may be obtained from the FL Division of Conswner Services by calling within the state 1-800-43S-73S2. Registration does not imply endorsement, approval or recommendation by the state. MEMORANDUM ~ t'-""t THRU: David Harden, City Manager Ferline F. Mesidort, C.D. Specialistffi'n Elizabeth B. Alpert, C. D. Program Administrato/QJ) J Lula Butler, Community Improvement Directo~ October 30, 2006 TO: FROM: DATE: SUBJECT: Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant award(s) to the lowest responsive bidder. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, including termite inspection and treatment if necessary, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for one (1) Housing Rehabilitation project(s) to the verified responsible low bidder(s) and authorize award in the following amount. \.R CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2006-61 APPLICANT: Moody, Glennie S. PROJECT ADDRESS: 609 SW 8th Avenue DATE OF BID LETTERS: 09/28/06 DATE OF BID OPENING: 10/09/06 GENERAL CONTRACTORS BID AMOUNT Cordoba Construction Co., Inc. Haywood Construction JMosca Builders, LLC, M.B. Brown Construction M & A Builders, LLC Ray Graeve & Sons Construction, LLC Real Property Enterprises South Florida Construction Services, Inc. Van Ness & Callaway Construction, Inc. Sun Band Builders Construction. Inc. $32,500.00 $26~290.00 $29;273.00 In-House Estimate $32,687.29 CONTRACTOR AWARDED CONTRACT: JM & A Builders, LLC. Termite Inspection Termite Treatment Total Project Cost $34,160.00 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 1118-1963-554-49.19 $32,500.00 1,625.00 $34,125.00 35.00 BID/CONTRACT AMOUNT: Contingency 5% COMMENTS: Lowest bidder within 10% was awarded contract. S:renpgrm/biddocs/bidinfosheet Agenda Item No.: ~. K AGENDA REQUEST Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda ~ Consent Agenda Date: October 30, 2006 When: November 7, 2006 Description of item: (who. what. where. how much): File Number Address Contractor Grant Amount 05-095 I 609 SW 8th Avenue I M & A Builders, LLC. I $ 34,125.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of one (1) Community Development Block Grant (CDBG) Housing Rehabilitation Grant in the amount listed above for a total award of $ 34, L2'5.00. CDBG Total: $ 34,125.00 J,/, j~t ~er: 118;963-554-49.19 {7 ~v-- - I~ --- Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~O Funding Alternatives: Account No. & Description: /1 ~ -17&3 -S-S 1.-1 Account Balance: ifio/ U 7 , 0~c1' ~O (if applicable) '.. 1/9-IG ;J;-.~/;/I-~ ~ka6//;ft1.,A~ City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: ~IlY MANAGER SUBJECT: AGENDA ITEM # ~.l- REGULAR MEETING OF NOVEMBER 7. 2006 RESOLUTION NO. 70-06/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/LANDSCAPE IMPROVEMENTS) DAlE: NOVEMBER 3, 2006 This is before Commission to consider approval of a Memorandum of Agreement (MOA) with the Florida Department of Transportation (FD01) for funding in the amount of $133,200.00 for landscape improvements on A-1-A between Linton Boulevard and George Bush Boulevard and approve Resolution No. 70-06. Recommend approval of a Memorandum of Agreement (MOA) with the Florida Department of Transportation (FD01) for funding in the amount of $133,200.00 for landscape improvements on A- 1-A between Linton Boulevard and George Bush Boulevard and approve Resolution No. 70-06. S:\City Oerk\AGENDA COVER MEMOS\City Mmager Memos\city manager's memo Res No 70-06 Maintenance MOB FOOT for AlA I t.07.06.doc Memorandum pE,LRoA ~ B~A!=t-! /2tt! tdb:II ~ mr 1993 2001 Community Improvement Horticulturist TO: DAVID T. HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT t6 FROM: NANCY DAVILA RE: RESOLUTION FOR MAINTENANCE MEMORANDUM OF AGREEMENT WITH FDOT FOR A-I-A DATE: OCTOBER 18, 2006 ITEM BEFORE THE COMMISSION: The item before the Commission is the Resolution to allow the City to enter into a Maintenance Memorandum of Agreement to provide maintenance for the landscaping that will be provided by FDOT on A-I-A, between Linton Boulevard and George Bush Boulevard. BACKGROUND: In October 2002 the City provided a letter of commitment to FDOT that once the landscape designs for A-I-A improvement had been completed, the City would agree to sign the Maintenance Memorandum of Agreement to provide a maintenance commitment from City of Delray Beach. RECOMMENDATION: Staff recommends the City Commission adopt the Resolution to allow the Mayor to execute the Maintenance Memorandum of Agreement with the FDOT for the landscaping maintenance on A-I-A. RESOLUTION NO. 70-06 A RESOLUTION OF THE CITY COMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, TO ENTER INTO A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE ENHANCEMENTS ON A-1-A BETWEEN LINTON BOULEVARD AND GEORGE BUSH BOULEVARD, IN CONNECTION WITH OTHER ROADWAY IMPROVEMENTS WHEREAS, the Florida Department of Transportation (FDOT) agrees to install landscaping and irrigation on A-1-A as identified in Exhibit A, between M.P. 8.209 to M.P. 10.709, per the plans prepared by Landscape Design Associates dated August 24, 2006 as stated in Exhibit B; and WHEREAS, the City of Dekay Beach agrees to maintain the proposed irrigation and landscape improvements per the Florida Department Of Transportation's landscape safety and plant care guidelines as provided in Exhibit D, upon completion and acceptance of the landscaping by FDOT and the City of Dekay Beach at the end of the Contractor's 365 day warranty and establishment period; and WHEREAS, the approximate project cost for the irrigation and landscaping to be incurred by FDOT is $133,200.00 as stated in Exhibit C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: The City Commission hereby authorizes the Mayor to enter into a Maintenance Memorandum of Agreement between the Florida Department of Transportation (FDOT) and the City of Dekay Beach. PASSED AND ADOPTED in regular session on this _ day of ,2006. MAYOR ArrEST: City Clerk APPROVE AS TO FORM: City Attorney ~ Florida Department of Transportation JEB BUSH GOVERNOR Planning & Environmental Management 3400 West Commercial Boulevard Fort Lauderdale, Fl 33309-3421 Telephone: (954) 777-4330 Fax: (954) 777-4310 DENVER J. STUTLER, JR. SECRETARY October 16,2006 Ms. Nancy Davila Horticulturist City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Ms. Davila: RE: District Four (4) Maintenance Memorandum of Agreement (MOA) for State Road A1A from (M.P. 8.209) to (M.P. 10.709). FM #'s 403603-1-52-01 & 229748-1-52-01. Enclosed are four original MOA's and a set of plans that reflect the landscape improvements that will be constructed for State Road AlA in Delray Beach. Please have these executed by the City Council at their earliest convenience returning all to me, with one sealed copy of the Resolution approving such action. Gerry O'Reilly, P.E., the Department's Transportation Development Engineer District IV, will execute and date the originals returning one for your file. Important: Please do not fill in the date on the first paragraph on page one. Call me at 954-777-4219 if! can be of further help. Sincerely, 'L L----a.~ Elisabeth A. Hassett District IV Landscape Architect cc: File SECTION NO,: FM NO.(s): 93060- 403603-1-52-01 & 229748-1-52-01 Palm Beach AlA COUNTY: S.R. NO.: DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20-, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of Delray Beach, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WIT N E SSE T H: WHEREAS, the DEPARTMENT has jurisdiction over State Road AlA as part of the State Highway System; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits (or unincorporated if County) of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated ,20_, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit R If there are any major changes to the plans, the Department shall provide the modified plans Fc}ldcs\:10A Lhd'sSR Ai i\ 403603 Ben.do.; and the AGENCY shall provide their approval or disapproval within 10 business days. The Department may elect to withdraw the landscape if changes are not approved wihin the given time frame. Hardscape shall mean any non-standard roadway, sidewalk or median surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete. 2. The AGENCY agrees to maintain the landscape and irrigation within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care guidelines and as provided by Exhibit D. The AGENCY'S responsibility for maintenance shall include all landscaped/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas within the travel way to the right of way line, including paver sidewalks, paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility ofthe AGENCY to restore an unacceptable ride condition ofthe roadway caused by the differential characteristics of the paver brick and/or the header curb on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes: (I) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original Project standards. All plants removed for whatever reason shall be replaced by plants ofthe same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. Ifit becomes necessary to provide utilities to the median or side areas (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees and connections as well- as on-going cost of water are the maintaining AGENCY'S responsibility. The above named functions to be performed by the AGENCY, may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval ofthe DEPARTMENT. S:\\li1infLandscapc\H);\ FoidCl's\.lC);\ DransSR A I :\ 403603 Bell,doc 3. If at any time after the A GEN CY has assumed the landscape installation and! or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms ofthis Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscapelhardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscape covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessaryby the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscape after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments ofthese improvements are the maintaining AGENCY'S responsibility. 5. The DEPARTMENT agrees to enter into a contract for the installation oflandscape Project for an amount not to exceed $ 133.200.00 as defined in Exhibit C. The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited to only those items which are directly related to this Project. The AGENCY shall be invited to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day warranty and establishment period. 6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the Project, should the landscape/hardscape areas fail to be maintained in accordance with the terms and conditions of this Agreement. 7. This Agreement may be terminated under anyone (1) of the following conditions: (a) By the DEPARTMENT, ifthe AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. !olders}vliJ:\ DraftsSR /-" 1103603 Itch.doc (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 8. The term ofthis Agreement commences upon execution. 9. To the extent permitted bylaw, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from .all suits, actions, claims and liability arising out of the AGENCY'S negligent performance of the work under this agreement, or due to the failure ofthe AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement. 10. The AGENCY may construct additionallandscape/hardscape withinthe limits ofthe rights- of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscape/hardscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed; (d) No change will be made in the payment terms established under item number five (5) ofthis Agreement due to any increase in cost to the DEPARTMENT resulting from the installation of landscape added under this paragraph. II. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereofthat are not merged herein-and superseded hereby. 12. The D EP ARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND [i'ide[S?vlC)r\ Lhrft;:SR A! /'1;(}36O:; Hch,dt.\\__' DOLLARS ($25,000.00) and which have a term for a period of more than I year. 13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. 16. Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the Department: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District N Landscape Architect If to the Agency: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Attention: Ms. Nancy Davila Horticulturist IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Chairperson By: Transportation Development Director Date Attest: Clerk (SEAL) Attest: Executive Secretary (SEAL) Approval as to Form Date Approval as to Form Date F'oJ(krs"..0/HJ/i [Jr:xfLs\.SR /\ 1 VJ3603 lkh.d(l(' SECTION NO.: FM NO.(s): 93060- 403603-1-52-01 & 229748-1-52-01 Palm Beach AlA COUNTY: S.R.NO.: EXHIBIT A I. PROJECT LOCATION: FM# 403603-1-52-01 State Road AlA from STA.387+83.00 (M.P. 8.209) to STA. 473+69.49 (M.P. 9.838) FM# 229748-1-52-01 State Road AlA from STA. 473+69.49 (M.P. 9.838) to STA. 79+00.00 (M.P. 10.709) II.. PROJECT LOCATION MAP: S;M~ijnt\[~amlscapc,\'Kj/\ Fe' Ie! ('rS MCi" Lhrn5'SR (\ I 403603 Ikh.doc PROJECT LOCATION MAP BEGIN PROJECT STA. 473+69.49 MP 9.838 END PROJECT STA. 79+00.00 MP 10.709 '111111111/1/1/111/ -- OLF Pop.IIOl ~- . . '. . " . '. . '.' ..... ....... ...-.......-.-.-.....-........."....... ................, .<:::-:.::<..:::::-:.:::::...-::::....:::::-...-:~:::-.<:::....:::::......: . . . . . . . . . '. ....... . . . - . . . . . . . . . . . . . . . . . . . . . . .. ~"'" ...................... .................... .......... . ".': :: :. ",": : ::. ~.' : ::. ',': . .:.',.: : : ~. ".": : : :. ",': :::.', -: . . .: : ::. "," . . . . . .' .. ........... . .- . . - . . .". ......... - . '. . . . . . .. . ". .. . . . . . . . . . . . .. . . '. . '. .. ....... . " ...... . ............ ", ...............-..... ........... :.:.....~: ~ :':'.:~:' ; :.:....;: ~ : ":".: ~: ~-:':""~: ~ :'~'..-:: ~ :":',:: ~: ..... ~: ~ :":' '. . '. . . . . '. . '. . '. . . - . -. . . .' . . .. .' . .,. " . '................ : .' '.':: :: ~.'.:: : ::' . ~: : ::.:..:: : ~":: ~ : ~ ..:: ~ : : .....: : :: .:.': : :: .....: : . . ., ................................................ . 806A ;~::.;.<{..<\\\~~~\<>.<<.\. .A';Ail.ili1f>. ~.;.\; ~.;.> H ,;:,:~ ~: \\; ~.;-.:~ ~ \ :9.;.\; ~,;.\ \ ~.:.:~: : \/ \ :-/.~:: i/:;: //::; \\: Uj ~/'j: j \.~.~:: \::: :~:?{ :;.y ~;.\}:~.? :;.tGj:\/~ ::.;-;-( ;!/ ~ ~: \.\ ~ \>: :.\~ ~: :,:'::j;: ~.:.~;~: \\: \/::: m.;.W..'..l..,~...;.;.. . ...............,..............N.....'.......... ,wn..mm.W.8m.}..'. : i?: ~ i.;''::; ~ !'/': ~: i.\~:: !':'.{ ITW: i.;:+: !.:.+: ;./ .. , '. . " . .. . . .. . . . .. . .. . . .' . . '. . . . .' . .'. .' . .'. ." . . . . . . . . ~ . . . . . . . . . . . . . .. . ~ :':'.: ~: ~ :.:....~: ~ :':'.:~: ~ :':'.:~: ~ ':':::~: ~ :':'.:~: ~ :':'.:~: ~ :':':~: ~ :':' ..~I~.~fp~fP:6~~tft.i.'.. SECTION NO.: FM NO.(s): 93060- 403603-1-52-01& 229748-1-52-01 Palm Beach AlA COUNTY S.R. NO.: EXHIBIT B The DEPARTMENT agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by Landscape Design Associates Dated August 24, 2006 S:l'vIainfLal1dscapc.:vl0/\ ;. Drat1"SR ,\ 1 A 403603 F>C%l,df\(' SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: 93060- 403603-1-52-01& 229748-1-52-01 Palm Beach AlA EXHIBIT C PROJECT COST This Exhibit forms an integral part of the DISTRICT FOUR ( 4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. FM # 403603-1-52-01 Dated Julv 20. 2006 $ 118,100.00 FM #229748-1-52-01 Dated Aueust 24. 2006 $ 15,100.00 1. APPROXIMATE PROJECT COST: $ 133,200.00 S:Maint'LiJJjdscar\c~\/lO;\ F()ldersVI0!\ LJrafts\SR i\ 1 /\ 4U\60::' Ekh.dc>(' Trees Thatch Palm 8' Ht EA 177 $450.00 $79,650.00 Thatch Palm 12' Ht EA 64 $600.00 $38.400.00 SUBTOTAL $118,050.00 Contingency $0.00 $0.00 $118,050.00 $118,100.00 TOTAL ESTIMATED CONSTRUCTION COST CALL ESTIMATED CONSTRUCTION COST DATE: Opinion of Probable Construction Costs SR A-1-A July 20 2006 PROJECT NUMBER 403603~1~52-01 ~L Construction .'tem -- Trees Thatch Palm EA 25 $450.00 $11,250.00 Coconut Palm EA 3 $1,000.00 $3,000.00 Silver Buttonwood EA 3 $250.00 $750.00 SUBTOTAL $15,000.00 Contingency $0.00 $0.00 $15,000.00 $15,100.00 TOTAL ESTIMATED CONSTRUCTION COST CALL ESTIMATED CONSTRUCTION COST DATE: Opinion of Probable Construction Costs SR A-1-A AUQust242006 PROJECT NUMBER" 229748-1-52-01 I I _~J -:=J ---=J SECTION NO.: FM NO.(s): 93060- 403603-1-52-01 & 229748-1-52-01 Palm Beach AlA COUNTY: S.R. NO.: EXHIBIT D MAINTENANCE PLAN This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated August 24, 2006 Folder:;Jv1(if\ Draft<SR ;\ I A 403603 H('!l,()<)( MAINTENANCE PLAN Project Name: State Road AlA Project Limits: M.P. 8.209 to M.P. 9.838 & M.P. 9.838 to M.P. 10.709 Landscape and Irrigation Plans FM No.: 403603-1-52-01 & 229748-1-52-01 Agency: Citv of Delrav Beach The purpose for the following performance based descriptions of landscape maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner. Plantings shall be maintained to provide required visibility and conform to all of the required setbacks as set forth by Florida Department of Transportation's governing standards and specifications; FDOT Design Standards (Most Current Date) and Standard Specifications for Road and Bridge Construction (Most Current Date), as amended by contract documents. Watering Requirements: Watering is probably the most critical concern regarding the maintenance ofheaIthy plant material. The amount of water to apply at anyone time varies with the weather, drainage conditions and water holding capacity ofthe soil. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone but not to saturate the soil and should avoid over-spray onto travel lanes. Furthermore, the Agency should maintain the rain sensors (if on an irrigation system), to ensure that they are functioning properly and that the system does shut down when there is sufficient rainfall. A void extremes in watering. Light, frequent watering is ineffective and produces shallow root systems. Excessive watering that keeps the root zones saturated may kill the plant material due to the lack of available air to the root zone. A typical rule ofthumb is that turf areas should receive on an average, a minimum of I" of water per week, with an equal or lesser amount for trees and shrubs, depending on their individual water usage. Irrigation: Ensure there is no roadway overspray or irrigation activities during the daytime hours (most notably rush hour traffic periods). .F ertilization/Insecticides/Fungicides: Due to the poor shallow root soils of the South Florida area, coupled with heavy rainfall during the growing season, available nutrient levels for landscape materials are very low, therefore nutrient amendments are essential. A soil analysis of each planting site should be done to determine the nutrient levels needed for vigorous plant growth. Palms, shrubs, trees and turf areas should be fertilized in such a manner and frequency to ensure that the plant material remains healthy, without under or over nourishing them. An integrated plant management program is required to ensure healthy plants, free of disease and pests. Insecticides and fungicides shall be applied as needed to ensure that plants and grass remain pest and disease free. Mulching: Planting beds should be mulched in such a manner as to: prevent weed growth, retain moisture for use by plants, protect soil from erosion and the loss of nutrients, maintain a more uniform soil temperature and maintain a manicured appearance. Mulch should always be kept away from the trunks of trees, shrubs and palms to prevent rotting and susceptibility to disease. No Cypress mulch should be utilized. Pruning: All pruning shall adhere to ANSI A300 standards (and safety criteria adhered to) and shall be overseen by an ISA Certified Arborist. The older fronds on the Royal Palms shall be routinely pruned to insure that fronds do not fall onto any travel lanes. All pruning shall be done with the health and natural growth of the plant materials in mind and to specific pruning heights of the landscape material shall be determined in order to maintain clear site windows and vertical clearances for pedestrian and truck traffic where applicable. Visibility windows must be free of obstructions. The desired growth habit in landscape planting beds shall be such that shrubs of the same species shall develop into a single mass and be kept separate from adjacent masses of other species. Staking and GuYing: All staking material (except for replacements) will be removed at the completion of the one year warranty period before the city takes over. Turf Mowing: All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a neat and clean appearance. Litter Control: The project site shall remain litter free.. Weeding/Herbicide: All planting areas shall be maintained to be as weed free as possible with mechanical and/or chemical weeding, and where specified on plans, with mulch properly applied and maintained. When utilizing herbicide, extreme care should be taken to avoid any overspray onto plant materials. Any damage resulting from overspray will be the applicator's responsibility to restore per approved plan. Date: November 2, 2006 Agenda Item No. ~ I L AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent When: November 7,2006 Description of Agenda Item: Maintenance Memorandum of Agreement with FDOT for A-I-A Between Linton Blvd and George Bush Blvd Ordinance/Resolution Required: ~ No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~-"---- -- City Attornev Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: (if applicable) City Manager Review: ~ Approved for agenda: &0 Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved ~ot [ITY DF DElRAY IEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 TELEPHONE :'i61!243-7090' FACSI'V1ILE: 561/278-4755 DELRAY BEACH lIaI:II All-America City Writer's Direct Line: 561/243-7091 , III I! DATE: MEMORANDUM October 25, 2006 1993 2001 TO: FROM: City Commission David Harden, City Manager ~ Brian Shutt, Assistant City Attorney SUBJECT: Release and Termination of Easement On October 17, 2006 you approved the contract for the purchase of two remaining parcels from the CRA to be used for park area adjacent to Old School Square. Bill Doney, the attorney conducting the closing of the purchase on behalf of the City, has requested that both the City and CRA release an easement that was granted to the City and the CRA by Craige Furniture Company for public ingress, egress and parking in 1995. As a result of the proposed purchase of the property from the CRA there is no longer a need for the easement. Our office requests that this item be placed on the November 7, 2006 City Commission agenda for approval. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk g,}/( Shutt, Brian From: Sent: To: Cc: Subject: vance doney [vancedoneypa@yahoo.com] Thursday, October 19, 2006 1 :50 PM Shutt, Brian David Tolces DBCRA / City of DB Block 76 conveyance Attachments: 288063275-Release and Termination of Easement - from DB.doc Release and rermlnation of Eas.. Brian, Attached is a Release and Termination of Easement document as we have discussed. The Release (along with a Release from the CRA) will terminate an existing parking/access easement on a portion of the lands being conveyed by the CRA to the City for the Block 76 park. If acceptable, please have the Release approved by the City Commission. Thanks. Bill Doney Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 1 Prepared by and return to: William P. Doney, Esquire VANCE, DONEY & MacGIBBON, P.A. 1665 Palm Beach Lakes Blvd., Suite 610 West Palm Beach, FL 33401 RELEASE AND TERMINATION OF EASEMENT This Release and Termination of Easement is made, granted and entered into this _ day of , 2006 by the CITY OF DELRA Y BEACH, (hereinafter "RELEASOR"). WHEREAS, on or about December 12, 1995, by Easement Deed recorded in Official Record Book 9050, page 1051, Craige Furniture Company, granted an Easement for public ingress and egress and parking to the City of Delray Beach and the Delray Beach Community Redevelopment Agency on and over the property described as follows: The North 9.45 feet of the South 65.3 feet of the West 50 feet of Lot 11, Block 76, Town of Delray, as recorded in Plat Book 1, page 3 of the Public Records of Palm Beach County, Florida. WHEREAS, the above-described property along with adjoining lands are being developed by Releasor as a public urban park; and WHEREAS, Releasor no longer has a need for the rights granted under the Easement Deed and hereby desires to release and terminate all right, title and interest Releasor may have in and to the easement on said property. WITNESSETH, Releasor, does hereby release and terminate Releasor's right, interest and claim to its rights as an easement holder in and to the following-described lot, piece or parcel ofland, situate, lying and being in the County of Palm Beach, State of Florida, to wit: The North 9.45 feet of the South 65.3 feet of the West 50 feet of Lot 11, Block 76, Town of Delray, as recorded in Plat Book 1, page 3 of the Public Records ofPalm Beach County, Florida. This Release shall not in any way affect RELEASOR's right, title or interest in the above- described property as fee owner of the same. IN WITNESS WHEREOF, Releasor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this _ day of , 20_, by , Mayor of the CITY OF DELRA Y BEACH, who is personally known to me, or who has produced as identification. Print name: Notary Public Commission No. My Commission Expires: 2 OLD SCHOOL SQUARE GARAGE AND PARK SITE PROJECT DHBH PARCI!L A PORTION OF lOT 11 AND lOT 12, BLOCK 76, MAP OF THE TO'NN OF LINTON, PLAT BOOK 1, AT PAGE 3, LYING WITHIN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. j ~g ~ I .... 'i. :~8 .. I b al :91-111 I g:s J (5,702 :t SQUARE FEET) -"-"~8ffi .~ !CI)~g ,. ~O ~C I ;l z I I I N 89-0&-47'" W ! : 8 50.01" : i ! ~ I NORTH LINE OF THE SOUTH 26 FEET OF :16.a':t i LOT 12 BLOCK 76, PLAT BOOK 1, .-.,-.....l . ~ PAGE3 ALlEY (PER PLAT "-"--'-"-" "-"-r' SOuTHLINEOF'LOT12-' BOOK 1 PG 3) SOUTH 26 FEET OF LOT 12, BLOCK 76, PLAT BOOK 1, . BLOCK 76, PLAT BOOK 1, PAGE 3 PAGE 3 -"-"-":"LOr 1-6-.._..~.._..-~OT.17.._..I-.. LOT1'8-"~ SHEET 2 OF 2 SHEETS I I . FILE NO. 06-15396.108-882 Heller - Weaver and Sheremeta, inc. . eers ... Surve ors ... Planners I r I LOT 4 I $ut>JEL.:r i EAscMaJ"T". _.. -..-i I LOT 5 LOTi) I I I I I ~::il.'~ ~.....~ if""' ~ (~.';""j ;1J ~ 'j".",.~ 1.T'A \ it (1); --_. -.-- -.-------- -------_._~../ ~ NORTH SCALE: 1 '=30' 'rO~YN :!:)F lJt,jTO~j i?!..A1' BO~:)K 1~ l?AGlE 3, SOUTH LINE OF THE NORTH 9.40 FEET OF LOT 11, BLOCK 76, PLAT BOOK 1, PAGE 3 [NORTH 9.40 FEET OF LOT 11, BLOCK 76, PLAT BOOK 1, PAGE 3 '~~!:#l~'w" "-[~~L1N~OF-~~~~-"-"-' BLOCK 76, PLAT BOOK 1, PAGE 3 LOTiO 50.0' WEST 50 FEET OF LOT 11, BLOCK 76, PLAT BOCK 1, PAGE 3 ~ w - lie:: ~:: ~g ~"'lIe::al(f) 1-08 W ffiit~~C!) ~ 0 au. ~ LOT 11 . o .; .. .. W. lll:: N -g ~-~ ~o I- lie:: III (f) I- o...,w rI.)~o:sc> ~~~Q.f EAST UNE OF THE WEST 50 FEET OF lOT 11, BLOCK 76, PLAT BOOK 1, PAGE 3 o !-[~U~~~T1:-. c BLOCK 76, PlAT BOOK 1, Z PAGE 3 LOT 12 _.~-..-.._.. 50.0' WEST 50 FEET OF LOT 12, BLOCK 76, PLAT BOOK 1, PAGE 3 EAST LINE OF THE WEST 50 FEET OF LOT 12, BLOCK 16, PLAT BOOK " PAGE 3 M 310 S.E. 1st SIreet, SlIII-4 Deny Ileach, Fklrlda 33483 (561)ma700- Phone (561) 243-3771- Fax LUll.3MB ~cf [ITY DF DElRAY BEA[H DELRAY BEACH F LOR I U ^ Itab:II All-America City MEMORANDUM , , III !TO: David T. Harden, City Manager 1993 FROM: ~ Robert A. Barcinski, Assistant City Manager 2001 100 N.Vv'. 1st !-'\\/EI'\UE DELHiW B[ACH FLOF11DA 33444 561/243-7000 DATE: October 31, 2006 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 7,2006 SPECIAL EVENT REQUEST - HOLIDAY PAGEANT PARADE ACTION City Commission is requested to endorse the Annual Holiday Pageant Parade co- sponsored by Parks and Recreation Department and Chamber of Commerce to be held on December 9th beginning at approximately 6:00 p.m. and to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to NW I st Avenue for the parade route and Miramar and Lowery for parade set up from approximately 4:00 p.m. to 6:00 p.m. Commission is also requested to provide staff support for traffic control and security, EMS assistance, barricading, trash removal and clean up and processing of the FDOT street closure permit. BACK.&ROUND Attached is a permit received from Danielle Beardsley/Bill Wood requesting approval of this event with a copy of the event site plan, and budget. The parade will end on NW 1st Avenue in front of City Hall again this year. Since the event is co-sponsored by the Parks and Recreation Department there will be no charge per City policy for City costs. The estimated costs for the event which include overtime and barricade rental are approximately $6,800. Since this is a City co-sponsored event a hold harmless agreement is not required. A certificate of insurance is attached. This event is not sponsored by the printed media. I RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff support as requested with no charges for staff overtime or barricade rental. RAB/tas File:u:sweeney/events Doc: Agenda Holiday Pageant Parade 2006 @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~.~ 14. 15. 16. City of Delray Beach Special Event Permit Application DELRAY BEACH ~ ;ffir 1993 2001 Event Approved/Denied Approved/Denied by PLEASE PRINT Date of Approval/Denial Title 1. 2. Event NamefTitle: 'DEL RA'l 13EAC H 140 I-lD A'I PARA D!:: Event Date(s): Event Time(s): t)EceJ.-\{~ ER... q) :1.00 h J.\ PM i () APR,aX. q: 00 PM 3. 4. 5. 6. 7. 8. Event Sponsor/Producer: DE"LRA'i PA-tn<..s + R€C. /CHAH Bffi. OF CDt-tHE'Rc.E Event Contact/Coordinator: CAt\llELLE "B~AR.DSL-ey / t31L-L. wOoD Address: 50 N.W. PlR.ST AVE:.. bEl-.P-A"{ 13€"Ae-H I f=L 3'344 Lf Telephone Number: (6fol)~Ll'3 - fJ ~ f")'f'] Cellular Number: E-mail Address:.BF-AR.t:JS1-E.iD@ (II . I'lf. L-RA,-/- ~EA, r.l~ . FL. 0 S Event Description: CE LFR.A TF= 1"H- ~ r\ t\ LI D A 'I ~ 9. (If neighborhood block party, then please skip questions #10-35 and go to question #36) Sponsor Category: (please check) City)f Non-Profit/Charitable 0 Private 0 Co- Sponsor - Non-Profit/Private 0 (If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19)) Event Location/Address: seE ATlt\ c.\-tPD MAf.> 10. 12. Site plan attached: yes X no (Site plan required for entire event site) ~~. _ Event budget attached: yes ~ :l ~~ (Required for all events) ~ rO H-eWf ~ Serving or selling alcoholic beverages: yes no X (If yes, copy of license and a/coho/liability insurance required two (2) weeks prior to' event) Event certificate of insurance attached: yes X no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes X no (Waiver required) Requesting Police assistance: yes X no (Traffic control/security) 13. I . " 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 17. 23. Will supplement with private security: (If yes, need plan attached) Requesting Emergency Medical assistance: yes Requesting barricade assistance : yes Requesting trash removal/clean up assistance: yes Requesting trash boxes and liners: yes Requesting stage use: yes (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage : ~ yes >( no Type: Event sign (4'x4') ~ Directional signs ~ DP"1'OUR ,~ ('1(o&, Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) Food and beverage vendors: yes no X If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event no x yes 18. 19. 20. 21. 22. x X X X no ~~_ no no no no x 24. Health Department approval: (see attached) yes PIA-- Other vendors: yes X Tents: yes (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides? requiring state approval? yes no )( (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) no no no >< . Will the event be gated? yes no :x (Show on-site map) Will there be fireworks or other pyrotechnics? yes no X (If yes, contact Fire Marshall) Will there be cooking with compressed gas? yes no X (If yes, contact Fire Marshall) Will you be providing port-a-Iets for the event? yes no X (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event? yes no X (If yes, indicate ticket prices) Is reserved parking requested? yes no X (If yes, indicate locations) 2 35. Nei hborhood Block Parties Nei hborhood block arties onl · Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) · Please note the following: 1 ) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permittedA) Structures other than barricades are not allowed in City rig hts-of-way. 5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. Event Contractor/Coordinator Please print:.:Dfln') p , I (BfQ( dsJ.e I /0" f)v -Olo Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use ~n!y' \ Date Received--1.!:L\~\ 0..0 Site map ~ Budget II Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage A)/ A Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Application fee received $ 1J1t4 / v NIIt- 3 GREATER DELRAY BEACH Chamber of Commerce ACCREDITED -..- ........, ,. IIDIIIIM'.C' ., .... \I.."". ...r.. October 31, 2006 Mr. Dave Harden City Manager 100 NW 1st Avenue Delray Beach, FL 33444 Dear Dave: This is our request for budget allocation for the annual Holiday Pageant Parade. As we did last year, we will be working with the City's Parks and Recreation Department to organize and conduct the parade. The parade is scheduled for December 9, 2006 and should begin promptly at 6:00 p.m. Dave, we appreciate the city's assistance in defraying some of the costs of this activity, Below is an estimated budget for Chamber expenses and anticipated revenue. The Chamber is requesting the same amount as last year, $1,500, We will submit that request before the event so we can pay the bands as soon as possible. As always, thank you for the city's outstanding participation and help in making these events run smoothly and successfully. Estimated income: Estimated expenses: City of Delray Band Sponsors $1,500 $1.500 $3,000 Sands (payments to schools) - Signs & banners Trophies Sanner Carriers (a local school) Sob's Sarricades Misc $1,800 $ 200 $ 125 $ 250 $ 200 L.1QQ $2,725 Total Total Sincerely, ~~ William J. Wood President cc: Joe Weldon Oanielle Gallo Sob Sarcinski .STATE ~ STATE NATIONAL INSURANCE CO, CER11F1CATE OF INsuRANCe DATE ISSUED: 10127106 PRODUCER 11li8 ~ is ia8ued as elllllllBr oIldfomlllllon only end confers no rights upon ArthurJ. ~& Co the ~ holder. lhIs certIIicat8 DOeS NOT amend, extend or .....lhe COIIeI8g8 2255 Glades Roed alforded bv tile policies below. SuiI8 400 E. Boca RMon. Fl 33431 COoWPAIiIESAFFORDIIIG COVERAGE CX1IiPMY Co') STATE NAT1C:lNAL INSURANCE COMPANY INSURED COMPANY (8) CIIy 01 DeIr8y Beech 100 Nol1hl..... ,11 Ave. COMPANY (C) Deny Beech. Fl 33+M COMPANY (I)) .' COVEAAGeS ThIa Is to 0II'tiI'y ... lie paIIcIIa fII ___ IIIIId beIDw hINe '-" IIIu8d to .. inu8d .-.cI __ for lie poley period indIaIIId. ~ 8IIY IIIqUIlwnInI, 111m or COIdIan fII8IIY COI1lRIclI or 0Ihw ~ wIIll1lll*t to 1IHdIlhia -'IIk:RJ I'Il8Y be IIIu8d or may pel1Bin, lie 1_ IIIanled by IlellOlk:l8a dIecItbed .... 18 IUIljIlct to II lie ....... exdusiarls and CIllIlIIlions d 8UdI policies. UnIls shcMn may... '-" nIduclId by peId dIIIrns. .'r,,-';" -- co 1\'PE OF INI\JIWICE POUCY...- POlICY EFFB:nIE POUCY _TllIN l.MTS lYR ~TE-"""'" _l-.rf A III ~_UIIIlIUIY __32 _'llIll Il11OlJ07 __n: lIEE..IELClII! C~_ .. OCCUR. PROIlUC~AQQ C 0WIER'lI & COII1lW:1OA'$ PROf EAQt~"L-_~ FIE___IINI ---.....--> ....~ElI_1TY " III,..., AUTO -->> -- '_1Or __ELMT lIIUII.IlIl C A1.lllWNEDAIII08 BODLV 1NJt.Rt_...... C SCHEIllJLED MJ10S _V_r.--..) C _AIII08 ~00IMllE C__ C _LMMJIV ElICIlIII~ A a -...._ &ACH ocx:ulREIlCE 11'-' .OfKR_~lAFOM __32 .- _<lI7 _lE :...-- _~'I1ON __32 1_ _<IlP "-T\II'ClRY LIIIIl'S ~ NIl> -.ovEIOS' L-.rrt EOCHACCIIlENf _.JIOIJCE u.r -.eAal1M'LOYEE XXXX - POLICY SUBJECTTOA _ 0fID"._ s,1.R. w.__._.______~_..________._.___.__.____...._H___...___.._...._.....__.____.._.__.._ DESCRIPTION OF OPERATIONSIl..OCAT1ONSNEHIClESIS ITEMS- M ~.lIIUIIIto...... CIlr o-n_1I including II1e FlorIda o.p.-.. 01 T......... (DOl) .... ....... to 1toIIdIIy......1IIrch IIonQ DOT......., to be MId on 1211..... AU other __ c:oodi1ioas of~ mIIIia ~ ...~TlFl'CJ{TE.ROIIlBr"..-._....-_.-.-.. .........................-....-.-..--.-.....-.... ..-. ..---....-......- -....----"...-...-,.....-.-....--.-..-...-...-.... ShcUcI .., 01 lie __ dMI:rIIIIId paIIcIIa be CIIlCIIed bIfln lie IPJllllnIIIon FlorIcI8 ~dT.~Ilolb. (DOT) ... ...,., .. iIIukIg ~ wII___to..... JlI dIIys wrilIIIn nalice 10 7900 flnet.. 8Mt. !he ...... ..... ..-..cleo "lafI, Ilul f8iIunt 10 ..... sucII nalice .... /mpolse West Palm Beac:h. Fl 3341~195 no obIIalIlIan or II8bIIy fII 8Il)' Idnd upon the CDmIl8lIY. ita lIll8'1IlI or ~...... AulIIadad~ .L --"'~ ~ 1.(2 ./ S8ndnt M. DanIighy- Meadowbrook Insurance Group Delray Beach Holiday Parade Route W Tennis Community I Citr ~t1 I Center Center t.N D "0 1st Avenue D A D D I D a D n D t . Federal Highway South 0 I 0 c A Federal Highway North D V 0 e D n D u e [ ] Intracoastal Waterway N V') N VI N'<;j" ~N C"'l N NW NN NN -N Division B N- No Division D 0_ O\N Miramar - \0 -00 Lowry 00- r- - ~ --....) -1.0 0\_ Venetian Drive Seabreeze Avenue V') - /r - VI -'<;j" .j:>.- C"'l- _w -N N_ - - -- -0 01.0 0\ - 00-....) r- 00 0\ VI V') 1.0 .j:>.w C"'l '<;j" N_ - N 252321 19 17 15 13 II 9753 I I 3 5 7 9 II 13 15 17 19 21 23 25 24 22 20 18 16 14 12 10 8 6 4 2 Start of 2 4 6 8 10 12 14 16 18 20 22 24 Division A Gleason Street Parade Division C Andrews Ave. eM~ [ITY DF DELRAY BEA[H DELRAY BEACH F LOR I () ^ II.I.e:III All-America City , III I! 1993 2001 iOO ~nv 1st AVENUE DELHAY BEACH FLORIDA 33444 561/243-7000 MEMORANDUM TO: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager October 31, 2006 FROM: DATE: SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 7. 2006 - SPECIAL EVENT REOUEST - HOLIDAY TREE LIGHTING AND ART AND JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Holiday Tree Lighting and Art & Jazz on the Avenue scheduled for November 30, 2006, from 5:00 p.m. to 10:00 p,m" to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to NE/SE 7th A venue, SE 7th A venue from the north side of Brisca Atlantica property to the north side of the Brisca Atlantica parking lot entrance, the alley north of Atlantic A venue between NE 2nd Avenue and Railroad Way, Railroad Way from Atlantic to the alley just north of Atlantic, NE 2nd Avenue from Atlantic Avenue to the alley and the Tennis Center parking lot. Commission is also requested to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal and trash removal and clean up and set up and use of the small City stage. BACKGROUND Attached are the special event permit request, budget, site plan, hold harmless agreement, certificate of insurance and Holiday Tree Lighting schedule for this event received from the Downtown Marketing Cooperative. The event boundary will extend to NW/SW 5th Avenue, This request also includes the Holiday Tree Lighting which per DMC vote is again being combined with Art and Jazz on the Avenue. Entertainment will be located at various locations along Atlantic A venue. The estimate of overtime cost for this event is $9,500 of which $4,000 is assigned to the Tree Lighting and $5,500 for Art and Jazz on the Avenue. The Tree Lighting is a City sponsored event. The DMC will be charged approximately $900 for the Art and Jazz on the A venue portion of the costs. Although EMS assistance was not requested staff is recommending it be required. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, with staff recommended changes, and staff support including EMS assistance with payment of costs to the city per the agreement with the Downtown Marketing Cooperative for the Art and Jazz on the Avenue portion of the costs. RAB/tas File:u:sweeney/events Doc: Agenda Item Holiday Tree Lighting and Art & Jazz on the Avenue I 13006 @ Pnnted on Recycled ,Daper THE EFFORT ALWAYS MATTERS ~.o. DELRAY BEACH f tOt f 0.\ ***** City of Delray Beach Special Event Permit Application PLEASE PRINT 1iir 1993 2001 Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Name/Title: Art & Jazz: 100 ft Tree Liqhtinq 2. Event Date(s): Event Time(s): November 30th, 2006 5-10 pm 3, Event Sponsor/Producer: Downtown Marketinq Cooperative 4. Event Contact/Coordinator: Mariorie Ferrer 5. Address: 64 A SE 51h Avenue, Delray Beach, FL 33483 6. Telephone Number: 561-279-1380 ext 17 Cellular Number: 561-271-3168 7. E-mail Address:Mariorie@delravbeach.com 8. Event Description: Art & Jazz is an event that brinqs thousands of people to our downtown area. The purpose is to provide the settinq for an open house for merchants (If neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City X Non-Profit/Charitable 0 Private 0 Co- Sponsor - Non-Profit/Private 0 (If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c~19)) 10. Event Location/Address: Atlantic Avenue from NW/SW 51 Avenue to Intracoastal Waterway; Street Closures are as follows: Atlantic Avenue from Swinton to NE/SE ih Avenue: Railroad Way from Atlantic Avenue to North side of allevway: NE 2nd Avenue from Atlantic Avenue to south side of Allevway; Allevway between NE 2nd Ave and Railroad Way; SE ih Avenue in front of Brisa Atlantica from the north side of the Brisa Atlantica property to the North side of the Brisa Atlantica Parkinq Lot en.trance~ ~~:~Q ~~t E~~~ Ice ~':~~ :1 ~:~~~ r~~~~ ~~~e~~~Cl;~f t~~t~ ~#' OJ2 ~.(lnll"" _11\ ___J T r~--I ,I. te-19 -~t- -I - f _ ,-' -f-~Ie/~ Onlv ')i~~ 011 A1f\ ~lllll;j 11"111, ~id~ of IIlla M:tIQIIIc11 Illter~ecllorl. Site plan attached: yes _X_ no (Site plan required for entire event site) 12. Event budget attached: yes_X_ no (Required for all events) 13. Serving or selling alcoholic beverages: yes no_X_ (If yes, copy of license and alcohol liability insurance required two (2) weeks priorto event) 14, Event certificate of insurance attached: yes_X_ no (Required two (2) weeks prior to event naming the City as additional insured, alsorequired for vendors) 15. Playing of amplified music: yes _x_no_ (Waiver required) * Request Waiver of Noise Ordinance 16. Requesting Police assistance: yes_X_ no (Traffic control/security) I 17. Will supplement with private security: yes (If yes, need plan attached) 18. Requesting Emergency Medical assistance: yes 19. Requesting barricade assistance: yes X no 20. Requesting trash removal/clean up assistance: yes 21. Requesting trash boxes and liners: yes X no 22. Requesting stage use: yes X no (If yes, check type) Large stage covered X Large stage no cover /J Small stage 0 Half small stage 0 23. Requesting signage : yes X no Type: Event sign (4'x4') _ Directional signs Banner hanging _yes_ Indicate dates required 1 week prior (Waiver required if more than one (1) week prior to event) 24. Food and beverage vendors: yes no X If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event no X no X X no 25. Health Department approval: (see attached) yes no 26. Other vendors: -Sponsors only yes no X 27. Tents: yes X no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? Yes no X (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? Yes (Show on-site map) 30. Will there be fireworks or other pyrotechnics? Yes_ no X (If yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? Yes (If yes, contact Fire Marshall) 32. Will you be providing port-a-Iets for the event? Yes X no (If yes, locate on-site map, If no, indicate how you will handle restroom needs) 33. Will there be a charge for the event? Yes (If yes, indicate ticket prices) 34. Is reserved parking requested? Yes (If yes, indicate locations) no X no X no X no X 2 35. Neighborhood Block Parties (Neighborhood block parties only) · Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) · Please note the following: 1 ) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. ~v< Event Contractor/Coordinator Please print: MA~~~ (~ {(7 ( ~"51 /:fb Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1stAvenue, Delray Beach, Florida 33444. For Staff Use Only Date Received Application fee received $ Site map v Budget V Certificate of insurance V Hold Harmless agreement ./' Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 100.00 3 = ~ = = ~ Tree Lighting Ceremony Schedule November 30th, 2006 5-5:30 pm Kids Who Care-Children Singing Group 5:30-6 pm Sponsor Announcements-Santa Arrives 6pm Light the Tree with Officers and Santa 6-6:30 pm SO Spady Choir 6:30-7 pm Pine Grove Steel Band 7-7:30 pm Carver Middle School Band and Drum Line DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE · City of Delray Beach · Community Redevelopment Agency · Downtown Development Authority · Greater Delray Beach Chamber of Commerce 64-A SE Fifth Avenue, Delray Beach, FL 33483 www.DowntownDelrayBeach.com ~ l - .3;9 ~ ~ ~ I ! ! 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(/) l-!u!:iE fii (!l, if t::. ~i I~ SPECIAL EVENT HOLD HARMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative (comprised of the Community Redevelopment Agency, Downtown Development Authority, Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Marketing Cooperative use of City Facilities or property for the special event of * and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative as covered under Scottsdale Insurance Company Policy number CLS 1218540. ~iL James Lamar Shuler, Vice~Chairman Comm . 0 genc // IS Carbon, hair Downtown Development Authority a~~ William Wood, Pre IClent Cha~:~ Robert Barcinski, Assistant City Manager City of Delray Beach Revised 4/21/06 11 t.vvu "'u....... . .... ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP IO.'2~ DATE(~ DOIUrl'- 02/09/06 PRODUClR THI8 CERTlFICAT1! IS ISSUED Ira A MATTER OF INFORMATION ONLY AND CONFERS NO "IGHTS UPON THE CElltTlFICATE 'the Plastric:lge Agency, :Inc. HOLDER, THIS CllltTlFICATE DOES NOT MEND, EXTEND OR 820 x, ~ec:le~al Highway ALTER THE COVERAIIE AFFORDED BY THE POLICIES BELOW, Delray .each PL 33~83 Phona.S61-276-S221 "ax:551-276-5244 INSURIIltS AFFORDING COViRAGE HAle I INIURED IN&UAER II: IIcOtt.oIal. I.._a. c~r D.l~.y ~t.Ch nowntown Kk~g INlIUAER .: ~ooper. ye-DDA,CM,Clt.ambiir of IHIUAI!R c: ~rc., C1tl.of Delray .each 8.2. th A; Due INlUR&R D, De1ray Beach I'L 33483 IN8URIR e: C0Y&M8EI THE l'ClLICle8 OF INSUIlANCE U8TEO lleLow ",,"Vii 'ED! I88UED TO THE INSURED NI\MEOA~ FOR THE POLICY I'I!RIOO INDlCIIUD. NOnYlTHSTANDINQ MIt IIIiQUI~MENT, TERII OR CONDITlOtt Of' ANyCONTRN:r OR OTHER DOCUMiNT WITH RESPECT TO WHICH THIB CilUllilCATIi MAY BE ISSUED OR w..y PlRTI\III, THIi INSURANCE AFFORDED BV notE POLlClE8 C1ESCRIIl!O HEREIN IS &1IIlJeCT 'JO ALL THE Y&RMS.liXCLUllIONS AND CONDITIONS OF SUCH POLIClU, A~TI!lI.IMmI SHOWN MAY HAIlE BEEN RSlUCW BY PAID ClAIMS. ~~ t;- 1YJtE OF INlIlJIWlCE POLICY NUMIISI LMTS ~.-'L-un' EACH OCCURRENCE S 1000000 A- X ~ OOMMERCIAI. GENERAl. LIABILITY CLS1218540 01/23/06 01/23/07 1==&":__"1 $ SOOOO f- Cl.AlM& MADE ~ OCCUR ME!) exP l.'nY l1li. pIMIl) . 10- PE!AlIClNAL 1_ tN.IURV $1000000 ~ GENERAL ACGREGAN $2000000 ~"~GG~nl!\'I"'~ AnS I'ER: PAOgucTS. COMI'IOP AGO S IllOUCY . l.OC ~ILe\'1AIlUTY COMIlNED lINGle LIMIT s ANY AlJTO (Eaaedllef\l) - - AL~ OWNED AUTOS BOOI. Y INJUIW (I'er..-l S '-- SCtEDULED AUTOS r-- fMEl) AU'rOS BOtllL" INJURY l""'~ S f- 'lONoOWNED AUTOS PAOPERTY DAMAGE S (Pw _dtllQ GMABE UUIUTY AUTO ONLY - EA ACCIDeNT I R- At<< AUTO OTHER TttIlN IiA ACe I AU'TOONI,"; AGG I excallUl'lll8lle\.l LIMIU'I'f' tACH OCCUAREMC& I DoCCUR 0 t:LAIMSMAIII! AOOREGATl S S R DEDUCTIlLE . RIOTliNI'ION , . waRKIM COWINIATION AND ' h'8iv;:P~ I IUE; ..urtll'S' UAIIIUT'I' ItL I!ACH l\CCIDENT S Nl't PRQMliTOMARTNERlWt:lJTIVE OFI'ICEMIEMlER ElICLUO&r>7 E.I.. DtIEAllE . EA EMPLOVEl I ~~.tN8b_ E.L Dl$IiA.SE. POLICY LIMIT S OTMIIl DElCllU'TIOIl Of' OPEM'TIONS 11.DCA11GNS IVI!HIC:La I EXCLUIlClNI ADDED lIT' EMDOqe..,-, IHCIM.I'KOVIIIONI IIp.d..l Iven~. - 6 A~~ " Jill.. OD the Aveaue, City of Del~.y Beach 1. listed a8 .c:ldi~ional insured. CERTIFICATE HOLDER CANCELLATION C%'1'JD-1 &KOtILO lIMY ~ TIll! "'OW DESCRIBED ItOLIClQ BI! CAHClLL'~ _FOIU! THe ElCPIRA DATe THIREOF. THE IISUlNG I/Il8UItI!R WILL ENUf.ltVOR TO MAIL ~ DATS WlllTTI!N IlO'TICE to TM6 CBRTJPK:ATe HOLDER ~ TO THI! L1!FT. BUT FAILURE TO aD 110 IMALL IIPOSl! NO 08tJGATtOIiI OR L.IABI.JTY OF ANl( IOND UPON 1llE INIUllIR. ITS AOEtITS OR MI'ItIKN"ATIVEII. AUT NTATJVE ~ City of Delray a.ach 100 .... 1.~ Aven~. Delray Beaeh rL 33483 ACORb 211 (2D01108) ~: . ~# ". I I en )> ;:;: ::+ CD Qo 3: OJ c... "C OJ "'tJ "'tJ m " ~ . . OJ OJ j CD z iil .., .. '< " CD 0 .Q. -. ::+ j < CD (Q OJ CD -. 3 ;0 j 0 3 C'" c CD CD .. .., CD j W c:t 0 s: ~ C N tn 0 -. 0 (') en Z r- . ::t m r- "'tJ OJ D) -. 0 - .., (Q ::+ 0 ::::!. j" I (Q (') .. 0 CD D) c} I j Q. r- tn CD ~ CD f/) .. .., tn ~.. MEMORANDUM TO: MAYOR AND CIIT COMMISSIONERS FROM: ~IIT MANAGER SUBJECT: AGENDA ITEM # - REGULAR MEETING F NOVEMBER 7 2006 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 3, 2006 Attached is the Report of Appealable Land Use Items for the period October 16, 2006 through November 3, 2006. 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 Oerk\AGENDA COVER MEMOS\Appealable Agenda Memos\2006 Appealable Agenda Memos\apagmemo 110706.doc ~~ FROM: DAVID )i9~E~MANAGER PAUL DORLlNG, DIRE~R.. OOlF _, LANNIN. G AND)~ONING JASMIN ALLEN, PLANNER I ~JIUV\ pdAfr\ MEETING OF NOVEMBER 7, 2006 *CONSENT A GENDA * REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 16, 2006 THRU NOVEMBER 3, 2006 TO: THRU: SUBJECT: The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of October 16, 2006 through November 3, 2006. 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 appeal period has not occurred). Section 2.4.7(E), Appeals, 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. I. Approved with conditions (6 to 0), a master development plan associated with the construction of a development within the Planned Commerce Center zoning district consisting of 29,708 square feet light industrial floor area; 23,513 square feet of service industry floor area; 33,927 square feet of office floor area and 8,803 square feet of retail floor area to be known as Congress Plaza at Delray, located on the east side of Congress Avenue 3,060 feet south of Linton Boulevard. No other appealable item was considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: · Recommended denial (5 to 0, Joseph Pike stepped down, Paul Zacks absent), of a Future Land Use Map amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) for a 9.00 acre portion of the Christ the King Monastery of St Clare and rezoning from CF (Community Facilities) to R-1-M (Single Family Residential). · Tabled (6 to 0), the City initiated amendment to the Land Development Regulations repealing Section 4.6.16 "Landscape Regulations" and enacting a new Section 4.6.16 "Landscape Regulations" to provide for Purpose, Applicability, Compliance, Enforcement, Review and Relief; Landscape Design Standards; Irrigation Requirements; Prohibited and Controlled Plant Species; Landscape Requirements and Minimum Maintenance Requirements; amending Appendix "A", "Definitions", to provide definitions for various terms related to landscaping. · Recommended approval (4 to 0, Gary Eliopoulos and Joseph Pike stepped down), of a privately initiated amendment to the Land Development Regulations Section 4.3.4(H)(6)(a) pertaining to the special setback requirement along both sides of NE 4th Street between Swinton Avenue and NE 6th Avenue. City Commission Documentation Appealable Items Meeting of November 7, 2006 . Tabled (6 to 0), the City initiated amendment to the Land Development Regulations repealing Section 4.6.7, "Signs", in its entirety and enacting a new Section 4.6.7, "Signs", in order to provide a single, combined and updated sign code; and amending Appendix "A", "Definitions", to provide updated definitions relating to signs. . Tabled (6 to 0), the City initiated amendments to the Land Development Regulations creating a new zoning district Section 4.4.29 MROC (Mixed Residential, Office and Commercial) District; Section 4.3.4 (K) "Development Standard Matrix"; and, Section 4.6.9(C)(8)(a) "Shared Parking" to add MROC (Mixed Residential, Office and Commercial) District as a zoning district which can utilize shared parking. A. Approved (6 to 0, Carolyn Farnham absent), a request for a new blanket Sign Program for an existing commercial building located at 700-714 West Atlantic Avenue. B. Approved (5 to 1, Connor Lynch dissenting), a request for a revised master sign program for Delray West Plaza, an existing shopping center, located at the southeast corner of Military Trail and West Atlantic Avenue. C. Approved (5 to 1, Frances Bennett disstenting) a request for a color chan~e for Blacktip Reef Restaurant, located on the east side of NE 3rd Avenue, north of NE 3r Street (301 NE 3rd Avenue). D. Approved (6 to 0) a request for a color change for Making Waves, an existing commercial building located on the east side of Pineapple Grove Way, north of East Atlantic Avenue (9 Pineapple Grove Way). E. Approved (5 to 0, Mark Gregory stepped down), a Class II site plan modification and landscape plan associated with the installation of a perimeter pre-cast masonry wall, berm and landscaping along Military Trail for the Hamlet Country Club, located south of West Atlantic Avenue between Hamlet Drive and Military Trail. F. Approved with conditions (6 to 0), a Class III site plan modification associated with the re- opening of a child care facility in an existing 1,568 sq. ft building for Children of Destiny, located at the northwest corner of Martin Luther King Jr. Drive and NW 6th Avenue (601 Martin Luther King Jr. Drive). G. Approved with conditions (6 to 0), a Class III site plan modification associated with the conversion of 505 sq. ft. of retail use to restaurant use for Lemon Grass Restaurant, located on the south side of East Atlantic Avenue, east of SE 4th Avenue (422 East Atlantic Avenue). H. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 32,660 sq. ft. community center that includes a gymnasium, fitness room, children's day care, game room, multi-purpose room, health & wellness clinic, and assembly hall for the Western Community Center, located at the northwest corner of Lake Ida Road and Congress Avenue. Concurrently, the Board recommended to the City Commission approval of the following waivers: · An increase in the driveway width along Congress Avenue from 36 feet to 40 feet. · A reduction of the required stacking distance from 50 feet to 45 feet 9 inches. 2 City Commission Documentation Appealable Items Meeting of November 7, 2006 I. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 95,951 square foot Planned Commerce Center development to be known as Congress Plaza at Delray, located on the east side of Congress Avenue 3,060 feet south of Linton Boulevard. 1. Approved (4 to 0, JoAnn Peart, Randee Schatz and Jeannette Dobson absent), a request for a Certificate of Appropriateness associated with a 1,936 sq. ft. addition to an individually designated structure located at 212 Seabreeze Avenue. 2. Approved (4 to 0), a request for a Certificate of Appropriateness associated with the installation of a metal roof on a contributing structure located at 334 N. E. 1st Avenue. No appealable items were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action. · Recommended to the Planning and Zoning Board approval (6 to 0), of City initiated amendments to the Land Development Regulations (LDRs) which intend to clarify the current regulations, provide parameters, and define compatible development within the historic districts. The amendments are primarily based on recommendations provided by REG Architects, the consultants hired during the moratorium to find resolutions to the recent concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts. Other Items · The Board heard a presentation from REG Architects, Inc. and Urban Design Studios on the proposed Delray Beach Historic Preservation Design Guidelines. By motion, receive and file this report. Attachment: Location Map 3 CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - NOVEMBER 7, 2006 L.38 CANAL L-30 CANAL ~ <S ~ ~ Q ~ IDA ROAD 0: LAKE >- a: ~ '" '-' 51 ~ t"" 0: <( '" .....',_., I "_,,_,,J"-" I -" "_"_"_"_" ATLANTIC ~ ! :;; - ch"' A VENUE @ ~ :i! ;;: ~ o '" !Li !Li '" '" <( <( ~ ~ ~ ~ <n <n 10TH ST. ~ <( ~ ~ '" ~ '" <n <S !Li <J.: ~ '::t ~ ~ <:) >- a: ~ ~ ::l! Q o ~ !!i o :t: ~ ..... ...... ~ '::t ..... ...... ~ LaWSON BOULEVARD UNTON BOULEVARD ,.., r".. - ""'1 L"_,,_,, ~ ==> o '" I - I L,....,j ! ~ '" 13 ~ ~ o C-15 CANAL ~ SPRAB A. 700 - 714 WEST ATLANTIC AVENUE B. DELRA Y WEST PLAZA C. BLACKTlP REEF RESTAURANT D. MAKING WA VES E. HAMLET COUNTRY CLUB F. CHILDREN OF DESTINY G. LEMONGRASS RESTAURANT H. WESTERN COMMUNITY CENTER I. CONGRESS PLAZA -,,-,,-,,- CITY LIMITS .,,-,,-,,- ONE MILE GRAPHIC SCALE HPB 1. 212 SEEBREEZE A VENUE 2. 334 NE 1 ST. A VENUE CITY OF DELRAYBEACH, FL PLANNING & ZONING DEPARTMENT NOVEMBER 2006 - - DIGITAL BASE MAP SYSTEM -- MEMORANDUM ~ TO: MAYOR AND CITY COMMISSIONERS SUBJECT: CITY MANAGER AGENDA ITEM Ii g. g - REGULAR MEETING OF NOVEMBER 7. 2006 AWARD OF BIDS AND CO RACTS FROM: DATE: NOVEMBER 3,2006 This is before the City Commission to approve the award of the following bids: 1. Contract award to Sports Turf One, Inc. in the amount of $15,960.00 for improvements to Pompey Park Ballficlds 2 and 3. Funding is available is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). 2. Purchase award to Wesco Turf Supply, Inc. in the amount of $16,258.97 via the Florida State Contract #515-630-06-1 for the purchase of one (1) Toro Groundmaster 7200 mower with a protection plus warranty for the ESD Utility Maintenance. Funding is available from 442- 5178-536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment). 3. Purchase award to Poolsure in the amount of $53,265.30 for the purchase and delivery of Sodium HypocWorite. Funding is available from 441-5123-536-52.21 (Water/Sewer Fund/Chemicals). 4. Purchase award to Otto Waste Systems in the amount of $150,000.00 for the purchase of hot stamped garbage carts with lids and whecls. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). 5. Purchase award to PVS Technologies in an estimated amount of $105,000.00 for the purchase of Ferric CWoride for the Water Treatment Plant for the period of October 1, 2006 to March 31,2007. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 6. Purchase Award to Praxair Inc. in an estimated cost of $66,000.00 for the purchase and delivery of Liquid Carbon Dioxide (Co2) for the Water Treatment Plant. Funding is available from 441-5122-536.52.21 (Water/Sewer Fund/Chemicals), 7, Purchase award to Duval Ford in the amount of $34,951.00 via the Florida Sheriff's Association Contract #06-14-0821 for one (1) 2007 Ford F-350 Pickup Truck 4X2 for the Utility Maintenance Division. Funding is available from 441-5161-536-64.20 (Water/Sewer Fund/Automotive). 8. Purchase award to Duval Ford in the amount of $268,697.00 via the Florida Sheriffs' Association Contract #06-14-0821 for the purchase of cleven (11) new take home police vehicles. Funding is available from 001-2117-521-64.20 (General Fund/Automotive), 001- 2119-521-64.20 (General Fund/Automotive) and 001-2121-521-64.20 (General Fund/Automotive). 9. Lease agreement with Ikon Office Solutions in the amount of $17,847.36 over a three (3) year term via the Miami-Dade Contract #114DD11 for the lease of a Ricoh Aficio MP5500 Digital Copier for the Police Department. Funding is available from 001-2113-521-44.30 (General Fund/Equipment). 10. Contract award to Advanced Data Processing, Inc. in the amount of $87,000.00 for outsourcing the EMS billing for FY 2006 - 2007. Funding is available from 001-2311-522- 34.90 (General Fund/Other Contractual Services). Recommend approval of the above bids and purchases. S:\City Clerk\AGENDA COVER MEMOS\Bid Agenda Memos\2006 Bid Memos\BID Memo 110706.doc ~ ~ . MEMORANDUM ~0 TO: Doug Smith, Assistant City Manager SUBJECT: Alberta Ga\;;3roject Coordinator ~ Joe Weldon~irector of Parks and Recreation Renovation to Pompey Park Ballfields FROM: THROUGH: DATE: October 26, 2006 I am requesting approval of a bid award to Sports Turf One, Inc. in the amount of $15,960.00 for improvements to Pompey Park ballfields 2 & 3. Funding for this extra work was not allocated for year 2006-2007. Presently funding is available from account # 001-4131-572-34.90 (Other Contractual Services) but a mid-year transfer will be required to cover the expenses. This extra work was requested by the National Baseball League of Delray Beach and will also increase the safety and playing area to the public who utilize the ballfields. Renovations will include the mobilization of labor & equipment, replacing and laser grading the clay and baseball field lip repair service. Sports Turf One, Inc. is the recommended vendor because they currently maintain the city's ballfields under contract 2006-06 and are specialist in the construction of ball fields and golf courses. Purchasing supplied the names of three other vendors; one could not provide a quote and the other two did not do this kind of work. ~.Q.I "- Estimate \.:-1=:1 SPORTS TURF ONEt INC. 9819 STATE ROAD 7 BOYNTON BEACH, FL. 33437 Name I AddreSS CRY OF DELRAY BEACH PARKS.9; .REClUiAllON SON\\' 1ST AVE DElMYBEACHFL 33444 Terms Rep ConI8et phone Fax Net 15 BG 11M SIMMONS 243-72SS 213.7269 Oeso'lption Qly Cost Tob;II A 1HL'ETIC PIPJD RENOVA1lON....POMPEY PARK FlEWS 2 &: 3 CLAYWOlI'K MOB1UZAl1ON Of LABOR&:l1QUJPMBNT. 1 '00.00 500.00 I'Elt MOB1UlA1lON. F1ELD 2...._. Ann.BTICPmlD a.AYDEl.IVERBDTO nm 10Bsrm &; 9 86'.00 7.m.GO INSTA.I.UD ON 1HE FJELnIS. PRICE PER. LOAD. BINNED AJEA~OVATION, ROIUVAlBNEWLY I 1.300.00 1,300,00 PLACED CLAY INfO EXJSTING- LA.SER.. GRADING &: 1m INTO 1HE SURROUNDING .AREA.._.PRJCE PER MCH JN1l'IELD. PII!LDi_ A1lILE1lCFJELD CLAY DEUVEJUID 10 11m J08SIIE & 5 865.00 4,3~.OO INs-rALl..lID ON THE fM.DIS. PRICE PER LOAD. Total SIGNING tHIS PROPOSAL ACKNOWJ.,EI)GES ACCEPTANCE OF PRICE.TP.RMS &; CONDITIONS. DATE ACC6f'IED:.........m....................... ~ Phone 11 Fax. E-mail Web Site 561-375-7808 561-37.5-8858 SPORTSFffiJ ,oS@RP.l.l,SOU11l.NET SPOR.TSnJRFONE.COM - . SPORTS TURF ONE, INe. 9819 STATE ROAD 7 BOYNTON BEACH, FL. 33437 Estimate I =; I Date 10000/1.OO6 Name I AddntIa crtY OF J>aRAYBEACH PARKS & RECREATION SONW1Sl'AVE DELRA. Y BEACH FL 33444 Tenna Rep Conl8et phone Fax ~15 00 11M SIMMONS 243.7258 243-71HJ Desa1Jtion Qty Cost Total BASEBALL FIELD LIP REPAIR. SERVICES: 750 1.00 750.00 LAYOUT A.ItEA TO BE REPAIRED. SODCUT & REMOVE TURF AS ltEQUIRFD. REGltADE AREAS ADJOINING SKINNHD MEAS& 1HB EDGE OF THE SKINNED AREAS TO RE-ESTABLISH l1lE 0IlIGJNN,. SLOP;ES FOR. A SMOO1H 11E IN. INSTALL NEW CERllFIED BERMUDA SOD. PRICE PER. SQ. FOOT. INPII!lJ) SKINNED.AREA tU::NOV AnON. 1 1,300.00 J,300.00 ItOIOVAmISCAlUf'Y ASAP'PROPRlATB TO LOOSEN CLAY. LASER GRADING & 'l1E 1NT01HE SURROUNDING AREA. :PRICE PER EAa:lINFIBLD. NO IRRIGA'l1ONJNCLUDED. AU. HEADS IN ClAY TO BE 1tPWCA'IID JN1OSOO ARBAPlUOB. TO MOBILIZATION CLAY TO 11B INTO EX1S11NOSOD cur ours NO PLA.14S. PEltMlTS;rES1JNO$UR.VEYING. SOILS. DUMP JlEE8.OI'f $DE HAULING,DRAlNAGE,.OR IlWGAllON IS INCLUDIID INlBIS PROPOSAL; EXCEPT AS SPBCIFICAllY STA1"BI)..NCJfKESPON8T81JO: 'FOR P'RlVATRlJN..MARKRD IN GROUND l1l1IJ11BS. Total ~~PROPOSAL~~~~~.~:.~~~ PhOne ." Ffb( . E-mail Web SIte 561-375-7808 S61-37S-88S8 SPORTSFTP.l,OS@BELLSOUI'II.NET SPOR1'S'J.'1JR.FONRCOM .:;;, r_... SPORTS TURF O~ INC. 9819 STATE ROAD 7 BOYNTON BEACH, FL. 33437 Name/~ CITY OF DELRAY BEACH p..uxs A: MCRBATION SONWtSTAVE l>lUJ:tAy BtiACH.t1. 33444 Estimate 1~1 =; I Terms Rep Cantact phone Fax Nt:( I' BG TIM SIMMONS ;M3-n53 24.). 72C)!' DoIaipUon Qty COSt Total nns IS A UNJrPRICE BID wrm UNIT PRICING TO PREVAJI.. BI1lJNGTO BEommRA1ED PEllAClUAL FJELD MI!.ASUltJ!'MEN. PURCHASE ORDER OR SIGNED PROfOSAL. ~ :a%ImfA1Nf1l1'lUOK 11) SCHlIDULJ:NQ. ALL PRICES QlJ(fl'fJl ~ QOOD f(')R 30 DAyS.. ~ SEE A1TAafEI) JOB COND111ONS SBBBTFORADDmONAL 1ERM8" a:JNDJ1lONS. Total $15.960.00 SIGNlNG nns PROPOSAL ACKNOWI..EDGES ACCEPrANCE OF PIOCE, TFJtMS. &; CONDI'I1ONS. DATE ACCEP lm=........._..-.............,...w. SignQIre I ..=:.1 "'~ I ~I WCIb Site SPORTSTUR.FONE.COM AGENDA ITEM NUMBER: ct. Q l AGENDA REOUEST Request to be placed on: _ Consent Agenda _X_ Regular Agenda _ Workshop Agenda _ Special Agenda . fJII When: _O<.tobu 31,2996 II /?/tl0 Description of agenda item (who, what, where, how much): CWJa.rd W Approve requisition ~1:2~833 wIth Sports Turf One, Inc. in the amount of $15,960.00 for improvements to Pompey Park ballfields 2 & 3. Renovation will include labor and equipment, replacing and laser grading the clay, and baseball field lip repair service. Funding is available from account # 001-4131-572-34.90 (Other Contractual Service). City Attorney Revie / ecommendation (if applicable): ~ Departinent Head Signature: Budget Director Review (required on all items involving expenditure of funds): funding Available: G? / No Initials: W Account Number Or)! - L/ I 3 ( - s 7 Z Description c9fi1l V f ()ftfr tJC fv~k s 7 t.{; () l 7 .. 3l(-9iJ ~erVL ~. Account Balance: Funding Alternatives: (if applicable) City Manager Review: ~d.- Approved for Agenda:@ No Initials: Hold Until: Agenda Coordinator Review: Received: pr6"l MEMORANDUM SUBJECT: David Harden, City Manager Patsy Nadal, Buyer Joseph Safford, Finance Director 11/112006 DOCUMENTATION-CITY COMMISSION MEETING NOVEMBER 07,2006 PURCHASE AWARD TO WESCO TURF SUPPLY, INC. W: FROM: THROUGH: DATE: Item Before Commission: City Commission is requested to approve award to Wesoo Turf Supply, Inc. for the purchase of one (1) Toro Groundmaster 7200 mower with a protection plus warranty for the ESD Utility Maintenance Division in the total amount of $16,258.97 via the Florida State Contract #515-630-06-1, effective 05.17.2006 through 05.16.2009. Backaround: This mower will be a replacement for an existing John Deere 52" lawn mower that is seven (7) years old and is being replaced due to age, condition and maintenance life-to-date cost. The existing mower will be used for parts and repair of another John Deere 52" currently used by ESD Utility Maintenance. Recommendation: Purchasing staff recommends the award to Wesoo Turf Supply, Inc. for the purchase of one (1) Toro Groundmaster 7200 heavy duty replacement mower with a protection plus warranty included for the total amount of $16,258.97 per quote dated October 12,2006. Funding from account code: 442-5178-536-64.90 Attachments: Quotation, Dated 10.12.2006 CIP Project Detail Sheet Requisition Request 129650 FL State Contract #51~1 Excerpt Cc: Jackie Rooney, Purchasing Manager q~.~. P&rf51 !, 561-243-7344 K. p.1 'dc0~lo / '1 363LfO(). ___._.__. . c nc~ 13 06 01: 20p Cit~ of Delra~ Beach 1'~O.' ~'~."'.:. T~.:;ri!_, ::::T~-E:~::'~ ~~~L:t:i~':i':~~~.:::' .~:':~:;~~>'L ;:L :j.:,:--.~_' . .... : :-:./':<~ :"-_~"~:<';2:/:.- , ',~::.; : .... - - Quotation Provided for City of Delray Beach October 12, 2006 Otv. Model # Description Unit Price 1 ea 30362 Toro Groundsmaster 7200 Heavy Duty $19,543.00 Zero Turn. Mower with: - 28 HP Kubota Diesel Engine - Direct P.T.O. Drive - 62"Recyc1er Deck - 2 Year Limited Warranty Florida State Contract Discount (4,104.03) Total $15.438.97 Pricing per Florida State Contract # 515-630-06-1 Effective 5/17/06 - 5/16/09 ~ 1 ea 1 ea Toro Protection Plus 36 Month or 1800 Hrs Com rehensive Plan 48 Month or 2400 Hrs Com rehensive Plan 614.00 820.00 * Note: >> Issue purchase order to Wesco Turf Supply, Inc. ~ Shiument and service via Hector Turf Provided by: Chris Fordney 954-429-3200 Cof'l L .. 5 178 If' S 3 ~ ~tI:CJo Lawn Equipment / State Term Contracts / State Contracts, Agreements and Price Lists / V." Page I of3 Rate this Contract View Survey Results Contract Name: Lawn Equipment Contract Number: 515-630-06-1 Effective Dates: 05/17/2006 through 05/16/2009 When issuing a purchase order use commodity class: 515 Price Sheets Ariens Company (Gravely) Excel Industries, Inc., dba as Hustler Turf Equipment, Inc Florida Outdoor Equipment Gulf Coast Tractor & Equipment John Deere Company - A Division of Deere & Company Kilpatrick Turf Kilpatrick Leasing Price Live Oak Lawn Supply Inc. Magic Circle Corporation, Dixie Chopper MTD Consumer Group - Cub Cadet Sarlo Power Mowers, Inc. Stihl Southeast, Inc Triple D Equipment Inc. Vermeer Southeast Sales & Service, Inc Wesco Turf Supply, Inc. Contractors Ariens Company-Gravely Excel Industries, Inc., dba as Hustler Turf Equipment, Inc. Florida Outdoor Equipment Gulf Coast Tractor & Equipment (A) John Deere Company - A Division of Deere & Company Kilpatrick Tu rf Live Oak Lawn Supply Inc. Magic Circle Corporation, Dixie Choppe MTD Consumer Group - Cub Cadet Sarlo Power Mowers, Inc. Stihl Southeast, Inc, http://dms.mytl orida. com/business _operations/state _purchasing/vendor jnformati on/state.., 10/17/2006 AGENDA ITEM NUMBER: q, ~~ AGENDA REQUEST Request to be placed on: November 07, 2006 Date: October 17,2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: City Commission is requested to approve award to Wesco Turf Supply, Inc. for the purchase of one (1) Toro Groundmaster 7200 mower with a protection plus warranty for the ESD Utility Maintenance Division in the total amount of $16,258.97 via the Florida State Contract #515-630-06-1, effective 05.17.2006 through 05.16.2009. ORDINANCE/RESOLUTION REQUIRED: YES NO_X NO_X Draft Attached: YES Recommendation: Purchasing staff recommends the award to Wesco Turf Supply, Inc. for the purchase of one (1) Toro Groundmaster 7200 heavy duty replacement mower with a protection plus warranty included for the total amount of $16,258.97 per quote dated October 12, 2006. ---, ~ ~ Department Head Signature: ~. ~ Detennination of Consistency with Comprehensive Plan: \ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes _X ~ No Funding altematives: (if applicable) Account Number: 442-5178-536-64.90 Account Description: MACHINERY/EQUIPMENT / OTHER MACH / EQUIPMENT 5t 7 t)Zf} z Z6 Account Balance: Ci1J JJIIal1~r Review: Approved for agenda: Yes ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved fl-~ MEMORANDUM 'ID: FROM: David Harden, City Manager Patsy Nadal, Buyer THROUGH: Joseph Safford, Finance Director DATE: 11/1/2006 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING NOVEMBER 07, 2006 - BLANKET PURCHASE ORDER FOR SODIUM HYPOCHLORITE Item Before Conunission: The City Commission is requested to approve a blanket pmchase order valid from 10/01/2006 thro 09/30/2007 in the amount of $53,265.30 for the purchase and delivery of Sodium Hypochlorite to four (4) locations in small quantities due to truck accessibility. Poolsore price is $1.30 per gallon, per quote dated 12/23/2005 valid beginning October 01,2006 through September 30,2007. Back2l"OUnd: Sodium Hypochlorite is used as a disinfectantlan1imicrobial agent. Gulfstream, Owens Baker Road and the City of Del ray lift stations #50 and #80 require small quantities of 500 gallons and 1,000 gallons and cannot accommodate a tanker size truck. Other vendors will only deliver in tanker quantities. Purchasing was unsuccessful in acquiring additional quotes on this product due to delivery quantity restrictions. Quote submitted: Vendor: Sodium Hypochlorite (gal) PooIsure $1.30 Southeastern Systems Chemical Sales Sodium No Bid No Bid Per vendors pricing letter the price of sodium hypochlorite will decrease to $1.25 per gallon upon locating a facility in Dekay Beach. RecomJDelldation: Staff recommends a blanket purchase order for the purchase of Sodium Hypochlorite "as needed" from Poolsure for an estimated annual cost of$53,265.30 @ $1.30 per gallon. Funding from account #: 441-5123-536-52.21 Attachments: Vendor Pricing Quote Department Email Request cc: Jackie Rooney, Purchasing Manager ~Q3 OCT-IS-2DOS 02:41PM FROM-GE Minaiemlnt 1:13 39t'd 6613938799 T-605 P.DDI/DOl F-401 poolsu~~ MltQhell Br~ndl, CPo 764 NE 40 Court Oikland Park. FL S3334 (1300) 668-POOL (7l3aS) axt, 23D Fax: (800) $51-8e94 December 23 t 2005 City of D~lray Mr. Scott Solomon 434 S. Swinton Avenue Delray Beaoh. FL 33433 Dear Mr, Solomon: Ploase acoept this letter as confirmation that Poo1sure will deli~C1r sodium Q~ hypoohlorite beginning Ootober 1, 2006 through September 301 2007 for :,..{\) $1.30 per gallon. Upon locating a facility in Delray we will decrease the A~ \D price to $1.25 per gallon. ~o o\rf \ We look forward to proving you nothing short of excellent services and meeting your needs, Please do oot hesitate to oall if you have any questions. www.DOolsurfli.com 1-B88..903-7680 (POOL) 4800 Nclrth Federal Highway SuIte 100B Boca Raton. FL 33431 HJt'38 At'~13a ~o A1IJ tl3E:LEPl1:99 l1::91: 9013l/81:/131: AGENDA ITEM NUMBER: ~3 , AGENDA REQUEST Request to be placed on: November 07, 2006 Date: November 1, 2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: The City Commission is requested to approve a blanket purchase order valid from 10/0 1/2006 thru 09/30/2007 in the amOlmt of $53,265.30 for the purchase and delivery of Sodium Hypochlorite to four (4) locations in small quantities due to truck accessibility. Poolsore price is $1.30 per gallon, per quote dated 12/23/2005 valid beginning October 01, 2006 through September 30,2007. NO_X NO_X Draft Attached: YES YES ORDINANCE/RESOLUTION REQUIRED: Recommendation: Staff recommends a blanket purchase order for the purchase of Sodium Hypochlorite on an" as needed" bases from Poolsore for an estimated annual cost of$53,265.30 @ $1.30 per gallon. Department Head Signature: ~~~ Detennination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes _X :::;s- No Funding alternatives: (if applicable) Account Number: 441-5123-536.52-21 Account Description: OPERATING SUPPLIES / CHEMICALS $ 9-1801 J Account Balance: City Manager Review: Approved for agenda: Yes ~CJt_ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved ~d- MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Patsy Nadal, Buyer Joseph Safford, Finance Director 11/212006 SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING November 07,2006 - BLANKET PURCHASE ORDER GARBAGE CARTS FROM OlTO WASTE SYSTEMS Item Before Commission: The City Commission is requested to approve a blanket purchase order in the amount of $150,000.00 for the purchase of hot stamped garbage carts, lids and wheels to be ordered on an "as need basis" from Otto Waste Systems as a sole source provider. The blanket purchase will cover a period of 10.01.06 through 09.30.07. Back2round: Otto Environmental System was approved on 11.01.2005 by City Commission as a sole source vendor for the purchase of the hot stamped garbage carts that are provided to the citizens of Delray Beach. The sizes of garbage carts required by the City of Delray Beach are 95 gallon @ 50.00 each; 68 gallon @ 46.25 each and 32 gallon @ 40.33 each including lids and wheels per quote dated 10.13.2006. Pricing is correct even though sizes vary on the quotation. The carts has a forest green body, black lid, robber tires and hot stamped with City Logo seal and serial numbers. The pricing of the containers remain the same as last year. The carts are shipped in full truckloads for cost savings of freight. Otto Industries, Inc. is the original vendor for the purchase of these carts since their initial "roll-out" in 1996. Recommendation: Staff recommends a blanket purchase order in the amount of $150,000.00 for the purchase of the garbage carts with lids and wheels from Otto Waste Systems as a sole source vendor to be purchase be order on a "as need basis". Funding from account code: #433-3711-534-49.35. Attachments: Vendor Price Confirmation, Dated 10.13.2006 Cc: Jackie Rooney, Purchasing Manager ~ ~4. October 13, 2006 Ms. Patsy Nadal clo City of Delray Beach 100 N.W First Avenue Delray Beach, Florida 33444 PHONE: CELL: EMAIL: OTTO Environmental Systems clo MJ Schmidt/Southeast Area Mgr. 12700 General Drive (28273) PO Box 410251 Charlotte, NC 28241-0251 Telephone (904) 669-3791 Facsimile (407) 386-6345 561-243-7161 561-351-6882 nadal@ci.delray-beach.fl.us RE: PRICING FOR FISCAL 2007 FOR GARBAGE 2-WHEEL ROLL CARTS Dear Patsy, In response to your request for current pricing for the City of Delray Beach for your garbage carts, please refer to the pricing submitted below for your consideration and approval: $50.00/each $46. 25/each OTTO MSD-95 GALLON "CLASSIC" 2 WHEEL ROLL CARTS OTTO MSD-65 GALLON 2 WHEEL ROLL CARTS OTTO MSD-35 GALLON 2 WHEEL ROLL CARTS $4O,33/each (pricing is quoted in full truckload quantities, and does not include shipping. All prices are FOB: Charlote, N.C.) Patsy, while the pricing for the containers hasn't changed for Delray, we are still reliant on the shipments being transported through third party carriers. Currently, the rate for a full truckload is approximately $15-1600.00. I know you will want this figure in your budgeting process as well. Please let me know if you need anything else, and we certainly appreciate the long-standing relationship that Otto has experienced with the City of Delray Beach. We thank you for your business. Respectfully, m.l JJJ, M.J. Schmidt Southeast Area Manager /mjs Cc: Gary Hallen/Otto AGENDA ITEM NUMBER: <{~~ ~ AGENDA REQUEST Request to be placed on: November 7. 2006 Date: November 1. 2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: The City Commission is requested to approve a blanket purchase order in the amount of $150,000.00 for the purchase of hot stamped garbage carts, lids and wheels to be ordered on an "as need basis" from Otto Waste Systems as a sole source provider. The blanket purchase will cover a period of 10.01.06 through 09.30.07. Draft Attached: YES YES NO_X NO_X ORDINANCE/RESOLUTION REQUIRED: Recommendation: Staff recommends a blanket purchase order in the amount of $150,000.00 for the purchase of the garbage carts with lids and wheels from Otto Waste Systems as a sole source vendor to be purchase be Older on a "as need basis". _______ ~ Department Head Signature: ~ , ~ Detennination of Consistency with Comprehensive Plan:\. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes V~ No Funding alternatives: (if applicable) Account Number: 433-3711-534-49.35 Account Description: Cart Renewal & Replace $/~O, 00 6' Account Balance: I City Manager Review: Approved for agenda: Yes ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM f!i'Jcrt FROM: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager ~ Joseph Safford, Finance Director () TO: THROUGH: DATE: November 01,2006 SUBJECT: DOCUMENT AnON - CITY COMMISSION MEETING NOVEMBER 07,2006 - PURCHASE OF FERRIC CHLORIDE FROM PVS TECHNOLOGIES FOR WATER TREATMENT PLANT Item Before Commission: City Commission is requested to approve a request for a Blanket Purchase Order with PVS Technologies Inc, for the purchase of liquid Ferric Chloride at an estimated cost of $105,000. This agenda award will be for the period of November 01, 2006 to March 31, 2007. Background: The Manager of the Water Treatment Plant is requesting the purchase of ferric chloride from PVS Technologies for an estimated cost of $105,000 for the period of October 1, 2006 through March 31, 2007. Ferric Chloride is needed to reduce organic properties in treated water. In 2005, an ongoing experiment had been completed by the Water Treatment Plant for the use of ferric chloride purchased from PVS Technologies and this process was a success. The estimated annual usage for the City of Delray Beach is 374 dry tons (252,800 Ibs. for a full year). PVS has submitted a quotation dated April 13, 2006 for the unit price of $0.983 per pound or $676 per dry ton. This unit price is valid for the period of April 01, 2006 through March 31, 2007, at which time PVS Technologies will issue another firm pricing in accordance with market price value. Their are two other vendors who supply this product, one product is not as consistent and has more impurities and the other is produced and shipped from the Midwest. Recommendation: Staff recommends award to PVS Technologies for the purchase of ferric chloride from PVS Technologies Inc. at $.983 per pound or $676 per dry ton for an estimated usage of $105,000 for the period offive (5) months. Funding from account code 441-5122-536-52,21. Attachments: Memo From Manager Water Treatment Plant Quote From PVS Technologies <l,Q.~ .~ Ms. Jacklyn Rooney City of Delray Beach Purchasing Manager 100N.W. 1st Ave. Delray Beach, FL 33444 Via Email 4/13/2006 Dear Ms. Rooney, Based on earlier conversations with you and John Bullard I am pleased to offer the following firm pricing on PVS Technologies Liquid Ferric Chloride: Contract Period: Ferric Chloride 37% - 42% $0.983 per pound of Iron (or $676 per dry ton of Ferric Chloride) Delivered- City of Delray Beach Water Treatment Plant Bulk Tank Truck- 45,000 pound minimum Net 30 Days Demurrage- 2 hrs. Free, $50.001hr. thereafter Weekend/Holiday delivery $100/$150 April I, 2006 through March 31, 2007 Product: Price: F.O.B: Package: Terms: Conditions: Sincerely, {h4e?lt. ~ Jose M. Gonzalez Director of Technical Service PVS Technologies Office and Fax- 607-859-2543 Mobile- 313-510-6238 Page 1 of 1 Rooney, Jackie From: Bullard, John Sent: Wednesday I November 01, 2006 9:22 AM To: Rooney, Jackie Cc: Ironside, Gillian Subject: Ferric Chloride Estimate Jackie, The estimated yearly usage of the WTP for Ferric Chloride is 374 dry tons. At PVS Technologies' current price of $ .676,OO/dry ton, our yearly cost would be $ 252,800. We need five months in a BPO which is 155.8 dry tons at a price of $ 105,000, Thanks. John Bullard WTP Manager 11/1/2006 I:"' ZI:"' H lJlH 00 .....Z ..... ~Z :x: tt:l tt:l H ~ '0 tt:l :II: :X:lJl t:l 0 ~~ tt:l ~ c: 00 0 H Il'o)>l n 00 Il'on :><: ~ I:"' H .....n "ltt:l H 0 ~ UlO o~ '0 ~ H ~~ ~ ~ 0 '0 H Z N~ no 0 H Ul 0 Z 0 lJl w ~6 Z >< 0\ Ul H~ N 00 ~ lJl N OO"l ~ ..... 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'lJl 0 ..... 1t:tJ N <Xl I~ ....... ....... , 0 0 I 0\ 0\ AGENDA ITEM NUMBER: <t~$_ " AGENDA REQUEST Request to be placed on: November 07,2006 Date: November 01, 2006 xx Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval for award to PVS Technologies for the purchase of Ferric Chloride for the Water Treatment Plant at an estimated cost of $105,000 for the period of October 01,2006 to March 31, 2007, ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award to PVS Technologies for the purchase and delivery of Liquid Ferric Chloride for the Water Treatment Plant at an estimated cost of $105,000 for the period of October 01,2006 to March 31, 2007, Funding from account code 441-5122-536-52,21 Department Head Signature: ......,,:), ~~ Determination of Consistency with Comprehensive Pla~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Q lid- No Funding alternatives: Account Number: ~l-~4,_ ,"2 -21 Account Description: C d ~ !/Ztf7J 2~/ (if applicable) Account Balance: City Manager Review: Approved for agenda: Yes ~~ No Hold Until: Agenda Coordinator Review: Received: ~~ MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager cf- THROUGH: Joseph Safford, Finance Director DATE: November 01,2006 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 07, 2006 - PURCHASE AWARD FURNISH AND DELIVERY OF LIQUID CARBON DIOXIDE (Co2) Item Before. Commission: The City Commission is requested to approve award to Praxair, Inc. for the purchase and delivery of Liquid Carbon Dioxide (Co2) at an estimated cost of $66,000. Background: A quote was received from Praxair, Inc. for the City of Delray Beach for the purchase & delivery of Liquid Carbon Dioxide (Co2) at $114.35 per ton for a period of eight months with the expiration date of May 31, 2007. This is considered a sole source purchase as the City has their tanks at the Water Treatment Plant. The City of West Palm Beach had sent this commodity out for bids and they awarded to Praxair at the unit cost of $120.00 per ton. A copy of the pricing sheet for City of West Palm Beach is attached for your review. Per attachments, the Manager of the Delray Beach Water Treatment Plant recommends the award to Praxair, Inc. for an estimated usage of 577 tons for the total of $65,979 for the period of October 0 I, 2006 to May 31, 2007. Recommendation: Purchasing staff recommends award to Praxair, Inc. for furnishing and delivery of Liquid Carbon Dioxide for the Water Treatment Plant at an estimated cost of $66,000. Funding from account code 441-5122-536-52.21. Attachments: Memo from Manager Water Treatment Plant City of West Palm Beach Pricing from Praxair Quote from Praxair to City of Delray Beach <6Q4. ~p o~ 0....-...: :r ~ ~ ~~r&~\>: City Of Delray Beach Department of Environmental Services MEMORAND U M www.delrayesd.com TO: Jackie Rooney, Purchasing Manager FROM: John M. Bullard, Manager, W.T .P. f SUBJECT: Carbon Dioxide - Praxair, Inc. DATE: October 13,2006 I am recommending that we extend our carbon dioxide contract with Praxair, Inc. for the period of October 1st, 2006 through May 31 st, 2007 at the agreed upon price of $114.35 per ton. The estimated dosage of the W.T.P. for the next eight months for carbon dioxide is 577 tons. At the current price, the eight month cost will be $66,000.00. Copy: Victor Majtenyi, Dep.Dir. Public Utilities JMB/gpi U:\memos from J BullardlRooney Carbon Dioxide Contract oct 06,doc Oct 04 06 11:27a Luis Perez lO!04~~006 WID 11.57 PAX 5612437166 321-697-0094 p.2 a1l02/002 .-' !f!!8PIlAXIIIR Pnxait klc. 900 Welllplld DIm Suite 100 PcM:htrce City. GA 30269 . i i 1 i I I j I I i i i I I. I August 23, 2006 ',,", Ms. Jackie Rooney CilyOfDeJ.ray Beach 200 S. W. 6th Street DeIray Beach. FL 33444 Dear Ms. RooDey: As per 'Cbc tmms of our ~ Praxair. IDe. is iDcrl:asiDB tbeprlce for c:edaiD pmcJu.cIs and DIODihly tank rental J8tes as below. Prauir ~ E.Il!.4!!l I.mI!B 8S2Z6l6 CO2 DebyBeacb.E. NDW ProdIm m Em! !l!JJ! >>m $114.3500 TN 9fiI06 MoDwI Serrieo Cbrp DI' Eft: IE!!!! lbte No Change NtA ~...: Please noIi1Y your Mco\JIWI Payable deparbDeDl oftbis adjus1mcDt. Pmxair oJreu many iJmo\IatWe solwioDa ao its wSto8ICn to iInpr(We product qvatil;y, lIDd operating c:fftcitaIcy. Asalways. we appreciateJOUT COIIIiDled busInes5 and will continuo to work: ro poyide Jellablc supply of quality podUCIS and scMce5. Jf')'OU baw any queslioos orwvold like 1DO.Ri iDfoImatiOII. Jegantins how ClUl' capaIlJ.Iities DIllY beIlefit your opeaiODS, ~ contaCt JVlII' Praxair Accouut Manager, Luis A ~ at 321-697'()()92, SiDcody, !JtM. ~ Ken Groover PRAXAIR.lNC. 1rW;t~. udt ~. ~ tmR-. ~ r ~kL;' ~~~~. pCw.-1.- 1k M 7:;2. /l ~ ~fU.. we ~ aT~0 Jfu- '/k MYf~ ~~/~. . C~,... /Ja:PuJt/~? Oct 04 06 11:27a Luis Perez 321-697-0094 p.l - .: :-.:....::~?;..:<~:/>-. :::. .,:..- - .. -.... ... .- . . .. - :-....... .... . ~~....:-:~. .:~.' :::':'.:~.:.;"::' . . '. ,_ .. _rO'.. .... _ .," FAX Pruair, IDe. 900 Westpark Dr. Suite 100 Atlanta, GA 30269 Date 10/4/06 Number of pages including cover sheet 2 To: From: Jaddyn Rooney CITY OF DELRA Y DeB. Luis A Perez Praxair, IDe Phone Fax Phone Cc: Phone Fax Phone 321-697-0092 321-697-0094 561-243-7166 I{ E\1.\ I~ K~: o Urgent I:8J For your IeView D Reply ASAP o Please comment Hi Jacldyn, In response to your inquiry with regard to carbon dioxide price increases, Praxair reviews prices once per calendar year and nonnally this is done in late spring or summer months. We guarantee a minimum of eight months before the next increase if there is an increase. I hope this answers your question but if you need additional information, please do not hesitate to contact me. Sincerely, Luis A. Perez Sr. Account Manager i I. I I ! i . i I ! I I I ! ! i I j I j l" :-:..-..:!!li Pl' U%.UI .-.-". ...- ..---... . ..-..- October 5, 2005 City of West Palm Beach Procurement Division 1045 Charlotte Avenue West Palm Beach. FL 3340] Attn: IC Chandler Dear Ms. Chandler: Confirming our telephone conversation, following i$ our quote to deliver liquid oxygen to your West Palm Beach facility. First Year: $120.00 per ton delivered Second Year: $125.00 per ton delivered Third Year: $)30.00 per ton deJivered , Please do not besitate to contact me if you have any questions or need further information. , Sincerely, Praxair,~" ~ Lu:~ perez 7" Sr. Account Manager -... ....... I 1 'I ~ il ... ..~ 'I ", .:~. .J '..:. ';.0. i":;; . J', . c:ll -, ' ~": ~ \ li AGENDA ITEM NUMBER: ~QL .. - AGENDA REQUEST Request to be placed on: November 07,2006 Date: November 01, 2006 xx Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval for award to Praxair Inc. for the purchase and delivery of Liquid Carbon Dioxide (Co2) at an estimated QA"t181 cost of $66,000 for the Water Treatment Plant. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award to Praxair Inc. for the purchase and delivery of Liquid Carbon Dioxide (C02) for the Water Treatment Plant at an estimated 3AlltWel cost of $66,000. Funding from account code 441-5122-536-52.21 Deparbnent Head Signature: ~~ Determination of Consistency with Comprehensive 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: LILt I-Sf22-- C;:5~ ,sZ -2/ Account Description: ~vcAJ {a..J S .~ 2-Lf 7 z If 7 I (if applicable) Account Balance: City Manager Review: Approved for agenda: Yes ~ ~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved ~ MEMORANDUM 10: David Harden, City Manager FROM: Patsy Nadal. Buyer THROUGH: Joseph Safford, Finance Director DATE: 111312006 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING NOV. 07, 2007 PURCHASE APPROVE FOR AN ADDmONAL 4X2 PICKUP TRUCK Item Before Com.._lSion: City Commission is requested to approve the purchase one (1) 2007 Ford F-350 Pickup Truck 4x2 for the Utility Maintenance Division from Duval Ford In the amount of $34,951.00 per the Florida Sheriffs Association Contract #06-14-0821, Specification #37. Barktrmlllld: The Utility Maintenance Division is in need of an additional truck with a power tailgate that witt be used primarily for the transportation of HTH. HTH Is used for the cleaning of the City's thirty (30) raw water wells. ReceBunendation: Purchasing and Fleet recommends the purchase of one additional pickup truck from Duval Ford in the amount of $34,951.00 with additional needed accessories installed. Pricing per the per the Florida Sheriffs Association Contract #06-14-0821, Specification #37. Funding from account COde: 441-5161-536-64.20 Fund, Machinery/Equipment, Automotive Attachments: Department Email Message Request Extract from the Fl State Contract #06-14-0821 Selectfd Vehicle Price Listing ~.~ \ # FM FLORIDA \'-t';ll( :1-\."1 H Y\', I ~l COUNTIES AU About Florida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 1 TON PICKUP TRUCK (DUAL REAR WHEEL) - 4X2 SPECIFICATION #37 2007 Ford F-350 SD (F32) The Ford F-350 SD (F32) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specif"ICation(S) requirements which are included and made a part of this contracfs vehicle base price as awarded by specification by zone. ZONE: BASE PRICE: * Western $16,462.00 * Northern $16,271.00 * Central $16,258.00 *Soudan $16,294.00 While the Florida Sheriffs Association, Florida Association of Co1Dlties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorpomte flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle( s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to detennine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional addJdelete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. * = Specification Low Bid Bid Awtml AnnolUlCelftellt (06-1 U821) 1090 Florida Sheriffs Association 2006 Contract Contract #06-14-0821 Specification #37 Description 2007 Ford F-350 SD 4X2 Pick-up Diesel Engine H.D. Alternator Electric Brake Control Third Key Cab Steps Towing Mirrors Towing Package Service Body Back-up Alarm Extended Warranty Corner Strobe Lights Amber Strobe Lights 1,300 Lb. Aluminum Liftgate Option Code DIESEL 63H 32B/66S 3K 18L 54K 531-86T-HDW SSB DBA ED6/100 W90 AS 13TOM Total Cost 16,294 5,648 75 365 89 320 220 489 5,200 95 3,145 445 116 2,450 34,951 BID AWARD ANNOUNCEMENT 06-14-0821 PURSUIT, ADMINISTRATIVE NON-PURSUIT, UTILITY VEHICLES, TRUCKS & VANS, & OTHER FLEET EQUIPMENT Participating Sheriffs Ofjices & Local Governmental Agencies of the State of Florida Coordinated By The Florida Sheriffs Association, Florida Association of Counties & Florida Fire Chiefs' Association FA~ FLORIDA :\'iSOCL\ J J()/\ OJ' COUNTIES - AflAboutFl0rid4 Specification #33 - 1/2 Ton Pickup Truck - 4x2 Awarded Dealer( s) ............................................ ....................................................................... ........ 978 Base Specifications........... .......... ..................................................................................... ............. ... 979 Ford F-150 .............................................................................................................................. 981 Chevrolet Silverado 1500......................................... ..... ......................................................... 987 GMC Sierra 1500 ...................................................................................................................992 Dodge Ram 1500 ....................................................................................................................997 Nissan Titan XE King Cab FFY ......................................................................................... 1002 Specification #34 - 1/2 Ton Pickup Truck - 4x4 Awarded Dealer( s) .................................................................................................. ....................... 1007 Base Specifications........................................................................................................................ 1008 Ford F -150 ................. ................... ................... ..... ........................ ............ .......... .................. 1010 Chevrolet Silverado 1500 ..................................................................................................... 1015 GMC Sierra 1500 ................................................................................................................. 1022 Dodge Ram 1500 .................................................................................................................. 1027 Nissan Titan XE King Cab FFY ......................................................................................... 1032 Specification #35 - 3/4 Ton Pickup Truck - 4x2 Awarded Dealer( s) ...................................................................... ................ .................. ..... ............ 1036 Base Specifications .................................. ...................... ...... .......................................................... 1037 Ford F-250 SD ...................................................................................................................... 1039 Chevrolet Silverado 2500 HD .............................................................................................. 1045 GMC Sierra 2500 HD .......................................................................................................... 1051 Dodge Ram 2500 ................................................................................ .................................. 1056 Specification #36 - 3/4 Ton Pickup Truck - 4x4 Awarded Dealer(s) ......................................................................................................................... 1061 Base Specifications....................................... ................................................................................. 1062 Ford F -250 SD ...................................................................................................................... 1064 Chevrolet Silverado 2500 HD .............................................................................................. 1070 GMC Sierra 2500 HD .......................................................................................................... 1076 Dodge Ram 2500 .................................................................................................................. 1081 Specification #37 - 1 Ton Pickup Truck (Dual Rear Wheel) - 4x2 Awarded Dealer( s) ................... ...................................................................................................... 1087 Base Specifications........................................................................................................................ 1088 Ford F -350 SO......... .................. ..... ..... ................. ..... .......... ............ ...... .... ................... ........ 1090 Chevrolet Silverado 3500 - Ext. Cab .................................................................................. 1096 GMC Sierra 3500 - Ext. Cab .............................................................................................. 1102 Dodge Ram 3500 .................................................................................................................. 1107 Specification #38 - 1 Ton Pickup Truck (Dual Rear Wheel) - 4x4 Awarded Dealer(s) ......................................................................................................................... 1112 Base Specifications ........................................................................................................................ 1113 Ford F-350 SD ...................................................................................................................... 1115 Chevrolet Silverado 3500 - Reg. Cab ................................................................................. 1121 GMC Sierra 3500 - Reg. Cab .............................................................................................. 1127 Dodge Ram 3500 .................................................................................................................. 1132 Specification #39 - 1 Ton Cab & Chassis (Dual Rear Wheel) - 4x2 Awarded Dealer( s) .............. ........................................................................................................... 1137 Base Specifications ........................................................................................................................ 1138 Ford F-350 ............................................................................................................................ 1140 Bid Awanl Announcement (06-14-0821) 7 VEmCLE: F-350 SO (F32) F-350 SO (F32) F-350 SO (F32) F-350 SO (F32) DEALER: Orville Beckford Duval Ford Duval Ford Duval Ford Ford-Mercwy ZONE: * Western *Northern * Central * Southern BASE PRICE: $16,462.00 $16,271.00 $16,258.00 $16,294.00 Northern & Central Order Code Delete Options Western & Southern 445 · 5-speed manual transmission wi1h overdrive in lieu of automatic overdrive 5800.00. $937.002. 4452 NIA CREW CAB . 572 · Air conditioning $400.00. $506.002 0572 2 X32-142 · Short bed in lieu of long bed $100.00. NC2 SWB2 SUPERCAB · 660-512 · Cargo box and rear bmnper Nd NC2 660/5122 58Y · AMIFM stereo radio $40.00. $25.002 58y2 942 · Daytime running lights 520.00. $20.002 D9422 F30 · Single rear wheels, 9,500 Ibs. GVWR 5200.00. 5356.002 F302 51X2 Full size spare tire and rim Std $35.002 NA2 ABS brakes Std NA2 Northern & Central Order Code Add Options Western & Southern 99Y · Engine upgrade $600.00. $700.002, 6.8 GAS 2 99P · Engine upgrade 55,650.001 j-ss.64S.-0021 DIESEL 2 NA2 Dual fuel tanks NA NA2 63H 1 Alternator, extIa lID 575.001 575.0021 63H2 DIESEL ENG 1 DIESEL ONLY 2 63T · Dual alternators 5380.001 $380.002 63T 2 DIESEL ENG · DIESEL ONLY 2 INCL 2 Idle control Std Inc1.2 i 91T 1 Electric brake controller $510.00. $365.002i 52B166S 2 INCL. UPFITTER SWITCHES REQUIRES TRAILER TOW PKG 2 NA2 Traction control NA NA2 X4L · Limited slip differential $350.00. $300.002 LSA2 REQUIRES OPT. ENGINE 2 Bid Award Announcement (06-14-0821) 1091 VEmCLE: F-350 SD (F32) F-350 SD (F32) F-350 SD (F32) F-350 SD (F32) DEALER: Otville Beckford Duval Ford Duval Ford Duval Ford Foro-Mercury ZONE: *Westem *Northem * Central * Southern BASE PRICE: $16,462.00 $16,271.00 $16,258.00 $16,294.00 627 A ) Manufacturer's model upgrade package (specify pkg. bid) $3,585.001 $4,410.002: XLT2 9031 Power windows/door locks $530.001 $530.002 9032 524-525 ) Speed controlltilt steering wheel $385.001 $235.002! 5252 5851 AMIFM radio with single CD $275.001 $275.002 5852 G-J) Bucket seats in lieu of bench seat $390.001 $360.0021 MBS2 G-CWTH ORJ -VINYL ) 627 A 1 Carpet in lieu of rubber floor covering Incl. 1 NA2 NA2 REQUIRESXLT 2 DFM1 Floor mats $120.(0) $80.002, DFM2 9241 Deep tinted glass $390.(0) $365.002 DDT2 433 ) Sliding rear window $125.(0) $125.0021 4332 NA2 Side air bags NA NA2 3K) Third key $140.(0) $89.002 3K 2 X32 ) Extended/super cab model $2,655.(0) 2 X322 $2,884.00 W32 ) Crew cab (4 door) $4,150.001 $4,469.002 W322 INCL 6.8 GAS 2 NA2 Mega cab NA NA2 181... 1 Cab steps $370.001 $320.002 . 181... 2 DHBA ) Heavy duty alwninum tool box $695.001 $386.002 DTB2 156 1 6 cargo box on crew cab $100.001 NC2 SWB2 TBM) All terrain tread tires $125.001 $295.002 TBM2 DVV1 Vent visors - stick-on style Sl20.001 $89.002 DVV2 DRV) Rainshields - flange style $140.001 $89.002 DRS2 DBS) Bug shield $168.(0) $185.002 DBS2 Bid Award Announcement (06-14-0821) 1092 VEIllCLE: DEALER: ZONE: BASE PRICE: WOOl WOO 2 DBL I DBL2 DSOB I LINEX 2 DLGI 15TOM 2 Dl2WI 12KW 2 54D1 54K2 531-CIVH I 531-86T-HDW2 DSSB I SSB2 DFTC I FTC 2 DFCH I FCH2 DBA I DBA 2 BUC1 BUC2 RDH2 DW-RDS I RDS2 DW-RDL I RDL2 DLHPM I DSL2 DLRHP I GO-L 2 F-350 SO (F32) Orville Beckford Ford-Mercury *Westem F-350 SO (F32) Duval Ford F-350 SO (F32) Duval Ford $16,462.00 *Northem $16,271.00 * Central $16,258.00 Wrap-around grille guard Bedliner PLASTIC UNDER RAIL 2 Spray-on bedliner (Rhino or approved equivalent) SERVICE BODY $ 895 I SERVICE BODY $595 2 1,500 lb. lift gate 10,000 lb. winch with remote 12,{)()()CAP I 12000# 2 Trailer tow mirrors F-350 SO (F32) Duval Ford * Southern $16,294.00 I $2,195.00 $795.0021 $395.001 $245.0021 $698.00 I $495.002 $3,295.001 $2,560.002 ! $2,495.001 $1,778.002 $220.001 $220.002 i $690.001 $489.002 Trailer towing package, to include heavy duty flashers, wiring for trailer plug (7 prong round), and class IV frame mOlmted trailer hitch with 2" square removable receiver, 1" shank with 2" ball. Ooes not include trailer tow mirrors. May be dealer installed. Standard service body equal to Knapheide, Reading, Omaha, or RKI. Requires trailer $6,295.001 tow mirrors. May be dealer installed. (NOTE: If you are ordering a service body, we are advising you to contact your awarded vendor.) KNAPHEIDE OR READING I SPRAY IN $ 595/BOX TOPSADD $50 2 Fiberglass tonneau cover (painted to match) Fiberglass cab high topper with front, side and rear windows (painted to match) Backup a1ann Backup camera with 3.'S LCD (rear mounted camera to provide wide angle field of vision at rear of vehicle) Rear deck halogen warning lights - red and or blue flashing Rear deck strobe warning lights - red and or blue flashing Rear deck LED, GEN 3 minimwn, warning lights - LED lights may be blue, red, amber or any combination - specify color Left-band pillar m01IDted 6" spotlight with clear halogen bulb DOORMOUNTED I DEALERINSTALLED 2 Left & right-band pillar mOlmted 6" spotlight with clear halogen bulb DOORMOUNTED I SINGLE REMOTE GO liGHT 2 Bid Award Annollncement (06-14-0821) $5,200.002: $1,695.001 $1,224.002 $1,895.001 $1,375.002i $120.001 $95.002 $695.001 $450.002 ' NA $198.002 $390.001 $273.002 $498.001 $333.002 $420.001 $295.002 $690.001 $395.002 1093 VEIDCLE: F-350 SD (F32) F-350 SD (F32) F-350 SD (F32) F-350 SD (F32) DEALER: Orville Beckford Duval Ford Duval Ford Duval Ford Ford-Mercwy ZONE: * Western *Northern * Central * Southern BASE PRICE: $16,462.00 $16,271.00 $16,258.00 $16,294.00 DW-GS 1 Strobe grille lights, 2 minimmn (Whelen, Federal, Code 3 or approved equivalent) $398.001 ! $325.002: GLS2 DW-GL 1 LED, GEN 3 minimwn, grille lights, 2 mioimwn - LED lights may be blue, red, $469.001 $335.002 GLL2 amber or any combination - specify color (Whelen, Federal, Code 3 or approved equivalent) DW-RMS 1 Rearview mirror strobes (Whelen, Federal, Code 3 or approved equivalent) $590.001 $355.002 RMS2 DW-RML 1 LED, GEN 3 minimwn, rear view mirror flashing lights - LED lights may be blue, $573.001 $345.002 RML2 red, amber or any combination - specify color (Whelen, Federal, Code 3 or approved equivalent) DW-DRS I Roof-mount amber strobe beacon (Whelen, Federal, Code 3 or approved equivalent) $390.001 $354.002 DAS2 DUAL AMER srROBE 2 DW-TLS 1 Strobe tnmk lights, 2 minimmn (Whelen, Federal, Code 3 or approved equivalent) $420.001 NA2 NA2 DW-TLL 1 LED, GEN 3 minimwn, trunk lights, 2 minimmn - LED lights may be blue, red, $5W.00 1 $355.002. TLL2 amber or any combination - specify color (Whelen, Federal, Code 3 or approved equivalent) (2) FLUSH MOUNT LED 2 NA2 Halogen tnmk lights, 2 minimmn (Whelen, Federal, Code 3 or approved equivalent) NA NA2 IDS 2 Strobe integral directional arrow activated in lightbar (with controller if required). NA NA2 Requires purchase oflightbar. IDL2 LED, GEN 3 minimwn, integral directional arrow activated in lightbar (with NA NA2 controller if required) - LED lights may be blue, red, amber or any combination - specify color. Requires purchase of lightbar. IDH2 Halogen integral directional arrow added to lightbar (willi controller if required) NA NA2 TDL2 Traffic directional LED, GEN 3 minimwn, arrow with 6 modules (with controller if NA $588.002 required). RLS2 Code 3 RLS - upgrade, deluxe siren, microprocessor controlled NA NA2: FSS2 Federal Signal Smart Siren - upgrade, deluxe siren, microprocessor controlled NA NA2 WCU2 Whelen Cencom - upgrade, deluxe siren, microprocessor controlled NA $371.002 INCLUDES SIREN & SPEAKER 2 CRF2 Code 3 - Headlight flashers, solid state NA NA2 FHF2 Federal Signal - Headlight flashers, solid state NA NK DW-SSFCV I Whelen - Headlight flashers, solid state $187.001 $123.002 WHF2 CLC2 Upgrade basic (6) switch controller and siren to combination light controller/siren NA $509.002 INCLUDES SIREN & SPEAKER 2 DW660SYS I Comer Strobe Kits - Whelen Kit willi 4 clear tubes, 6 outlet CSP 60w power supply, $420.001 $390.002 WOO 2 2-15' cables, 2-30' cables ADDITIONAL $35 FOR SERVICE BODY 2 Bid Award Announcement (06-14-0821) 1094 VEmCLE: DEALER: ZONE: BASE PRICE: DW690SYS 1 W902 F602 FRS 2 S602 S1102 C602 C902 DSM1 DSM2 5/100B 1 B5/100&61100 2 5n5 E 1 E5/1 00&611 00 2 51100 pi P5Il00&6I100 2 F-350 SD (F32) F-350 SD (F32) F-350 SD (F32) Orville Beckford Duval Ford Duval Ford Ford-Mercury *Westem *Northern * Central $16,462.00 $16,271.00 $16,258.00 Comer Strobe Kits - Whelen Kit with 4 clear tubes, 6 outlet CSP 90w power supply, 2-15' cables, 2-30' cables ADDI110NAL $35 FOR SERVICE BODY 2 Comer Strobe Kits - Federal Kit with 4 clear tubes, 6 outlet 660L power supply, 2-15' cables, 2-30' cables Comer Strobe Kits - Federal Kit with 4 clear tubes, 6 outlet RICHOCHET power supply, 2-15' cables, 2-30' cables Comer Strobe Kits - SoundoffKit with 4 clear tubes, 6 outlet, 60w Nebula power supply, 2-1S', 2-30' cables Comer Strobe Kits - Soundoff Kit with 4 clear tubes, 6 outlet, 11 Ow Gemini power supply, 2-1S', 2-30' cables Comer Strobe Kits - Code 3 Kit with 4 clear tubes, PSE460 power supply, 2-15' cables, 2-30' cables Comer Strobe Kits - Code 3 Kit with 6 clear tubes, PSE690 power supply, 2-15' cables, 2-30' cables Complete set of shop manuals ONLY Minimmn 5n5 Manufactwer's Extended Base Warranty ($0 deductJ."bIe) 6Il00B$21151 6YRll00JJOOMI COVERAGE $2115 2 Minimum sns Manufacturer's Extended Extra Care Warranty (SO deductible) 5/100E$21900R6Il00E$2760 1 6YRllOO,OOOMI COVERAGE $2760 2 Minimmn 5nS Manufacturer's Extended Power Train Warranty (SO deducnble) 6Il00P $1545 1 6YRllOO.OOOMI COVERAGE $1545 2 S/IOO B 1 Minimmn Sn5 Manufacturer's Extended Base Warranty - Diesel (SO deductible) BD5/1 00&6/1 00 2 61100 B $2565 1 6YRll00,OOOMI COVERAGE $28702 5ns E 1 ED5/100&6/100 2 S/100 P 1 PD5/1 00&6/1 00 2 Minimum Sn5 Manufacturer's Extended Extra Care Warranty - Diesel ($0 deductible) 5/100E $2716 OR 61100E $3145 1 6YRllOO.OOOMI COVERAGE $31452 Minimum 5nS Manufacturer's Extended Power Train Warranty - Diesel (SO deductible) 6I100P $2455 1 6YRllOO.OOOMI COVERAGE $24552 Bid Award Announcement (06-14-0821) F-350 SD (F32) Duval Ford * Southern $16,294.00 $460.001 i $41O.002i NA NA2 NA NA2 NA NA2 NA NA2i NA NA2 NA NA2. $290.001 $365.002 $1,945.001 $1,945.002: $1,SI5.001 $2,19S.002 $1,35S.001 2' $1,3SS.00 $2,876.001 2 $2,565.00 $1,685.001 $2,710.002 $2,220.001 2 $2,220.00 1095 Leaves Page 2 of2 Subject: Utility Maintenance Truck Good Morning Victor, Bob Bullard approached me this morning regarding a new, additional truck for his department. Apparently he received approval in his elP budget for an additional truck to be added to his department, which he said you were knowledgeable about. Harold Williams will provide me with the specifications, I'll just need an account number for this requisition. Thank you, Kevin G. Rumell Fleet Superintendent City of Delray Beach 434 S. Swinton Avenue Delray Beach, FI. 33444 Phone: (561)243-7333 Fax: (561) 272-5366 10/16/2006 Leaves Page 1 of2 Rooney, Jackie From: Rumell, Kevin Sent: Monday, October 16, 2006 11 :30 AM To: Rooney, Jackie Cc: Majtenyi, Victor Subject: FW: Utility Maintenance Truck Attachments: 2007 Uti lityMaintAdd ITruck. xis Good Morning Jackie, I need to get commission approval for the purchase of this truck for Utility Maintenance. This additional vehicle will be purchased from Duval Ford via the 2006 Florida Sheriff's Contract #06-14- 0821, Specification #37. Description: 2007 Ford F-350 SD Pick-up Truck 4X2. The cost of this vehicle, equipped as we will order it will be $34,951, with funding available from account #441-5161-536-64.20. (see attachment) Can you work together with Doug Smith to get this on the commission agenda? If you have any further questions, please call. Thank you, Kevin G. Rumell Fleet Superintendent City of Delray Beach 434 S. Swinton Avenue Delray Beach, FI. 33444 Phone: (561)243-7333 Fax: (561) 272-5366 From: Majtenyi, Victor Sent: Thursday, October 12, 2006 10:51 AM To: Rumell, Kevin Cc: Bullard, Bob Subject: RE: Utility Maintenance Truck Kevin, I appreciate you expediting this request. The funding source is 441-5161-536-64.20. with a balance of $40,000. Thanks, Vic From: Rumell, Kevin Sent: Thursday, October 12, 2006 8:58 AM To: Majtenyi, Victor 10/16/2006 Leaves Rooney, Jackie From: Rumell, Kevin Sent: Monday, October 16, 2006 11 :30 AM To: Rooney, Jackie Cc: Majtenyi, Victor Subject: FW: Utility Maintenance Truck Attachments: 2007UtilityMaintAddlTruck.xls Page 1 of2 '11l (1). / Good MorningJackie, I need to get commission approval for the purchase of this truck for Utility Maintenance. This additional vehicle will be purchased from Duval Ford via the 2006 Florida Sheriff's Contract #06-14- 0821, Specification #37. Description: 2007 Ford F-350 SD Pick-up Truck 4X2. The cost of this vehicle, equipped as we will order it will be $34,951, with funding available from account #441-5161-536-64.20. (see attachment) Can you work together with Doug Smith to get this on the commission agenda? If you have any further questions, please call. Thank you, Kevin G. Rumell Fleet Superintendent City of Delray Beach 434 S. Swinton Avenue Delray Beach, FI. 33444 Phone: (561) 243-7333 Fax: (561) 272-5366 From: Majtenyi, Victor Sent: Thursday, October 12, 2006 10:51 AM To: Rumell, Kevin Cc: Bullard, Bob Subject: RE: Utility Maintenance Truck Kevin, I appreciate you expediting this request. The funding source is 441-5161-536-64.20, with a balance of $40,000. Thanks, Vic From: Rumell, Kevin Sent: Thursday, October 12, 2006 8:58 AM To: Majtenyi, Victor 10/16/2006 Leaves Page 20f2 Subject: Utility Maintenance Truck Good Morning Victor, Bob Bullard approached me this morning regarding a new, additional truck for his department. Apparently he received approval in his elP budget for an additional truck to be added to his department, which he said you were knowledgeable about. Harold Williams will provide me with the specifications, I'll just need an account number for this requisition. Thank you, Kevin G. Rumell Fleet Superintendent City of Delray Beach 434 S. Swinton Avenue Delray Beach, Fl. 33444 Phone: (561) 243-7333 Fax: (561) 272-5366 10/16/2006 AGENDA ITEM NUMBER: ~ ~ :'l .,.. .. AGENDA REQUEST Request to be placed on: November 07, 2006 Date: October 31, 2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase one (1) 2007 Ford F-350 Pickup Truck 4x2 for the Utility Maintenance Division from Duval Ford in the amount of $34,951.00 per the Florida Sheriffs Association Contract #06-14-0821, Specification #37. ORDINANCE/RESOLUTION REQUIRED: YES NO_X_ NO_X_ Draft Attached: YES Recommendation: Purchasing and Fleet recommends the purchase of one additional pickup truck from Duval Ford in the amount of $34,951.00 with additional needed accessories installed. Pricing per the per the Florida Sheriffs Association Contract ~1 , speci,fication 7. Department Head Signature: Determination of Consistency with Comprehens' City Attorney Review/Recommendation (if applicable): Budget Director Review (req~n alllterns involving expenditure of funds): Funding available: ~~ ():J: ~o Funding alternatives: (if applicable) (hU1Ji1uJ17 ~, Account Number: 441-5161-536-646 Account Balance: $. 4 0 I 0 () City Manager Review: Approved for agenda: Yes Hold Until: ~NO Agenda Coordinator Review: Received: Action: Approved Disapproved ~ Delray Beach Police Department 300 West Atlantic Avenue, Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 DELRAY BEACH F LOR I V A ~ All-America City , III I! Joseph L. Schroeder Chief of Police 1993 2001 MEMORANDUM TO: David Harden City Manager Tina L. Lunsford ~IV Administrative Officer FROM: DATE: October 18, 2006 SUBJECT: AGENDA REOUEST The De1ray Beach Police Department is requesting that the attached Consent Agenda go before the Commission on November 7, 2006. The Police Department was approved for the purchase of eleven (11) new take home vehicles in the FY 06/07 budget. The vehicles are on the 2006 Florida Sheriff's Contract #06-14-0821 at a cost of $24,427.00 each. The total purchase price is $268,697.00. Funding is available as follows: 001-2117-521-64.20 001-2119-521-64.20 001-2121-521-64.20 $24,427.00 $97,708.00 $146,562.00 Note: There is a 12 week wait time for delivery ofthe vehicles. Should you require further information, please contact me at ext. 7852. TLL/rmh Attachment Cc: Chief J. L. Schroeder Lane1da Gaskins, City Clerk's Office Patsy Nadal, Purchasing ~Q~. Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence Florida Sheriffs Association 2006 Contract Contract #06-14-0821 Specification #01 Description 2007 Ford Crown Vic Police Interceptor Limited Slip Differential Kevlar Trunk Liner Ignition Powered Trunk Release Rear Door Locks and Handles Disabled Rear Window Switches Disabled Courtesy Light Disabled Third Key Window Vent Visors LH Pillar Mounted Spotlight Extended Warranty Go Rhino Front Push Bar Setina S-10 Prisoner Partition Option Code 45C 14T 61H 67R 948 478 DTK OW 51A Extra5/75 RHINO S10S Total Cost 19,224 125 190 60 25 25 20 87 89 290 3,360 297 635 24,427 ['"'''~--~'--~~ [- . -. , L~!O .- Date: October 18.2006 AGENDA ITEM NUMBER: ~~~ AGENDA REQUEST ' Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: November 7, 2006 Description of agenda item (who, what, where, how much): The Police Department was approved for the purchase of eleven (11) new take home police vehicles in the FY 06/07 Budget. The vehicles are on the 2006 Florida Sheriffs Contract #06-14-0821 at a cost of $24,427.00 each. The total purchase price is $268,697.00. Funding is available as follows: #of Vehicles 2 4 6 Account 001-2117-521-64.20 001-2119-521-64.20 001-2121-521-64.20 Amount $24,427.00 $97,708.00 $146,562,00 Department Head Signature: City Attorney Review /Recommendatio If applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: C9 / No Initials: W Account Number fiSk)' abc7l/L- kforn6 h (/z I (c;-ferj Ctb~ Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: ~ Approved for Agenda: @ No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM P6/JL TO: David Harden, City Manager FROM: Patsy Nadal, Buyer THROUGH: Joseph Safford, Finance Director DATE: 11/1/2006 SUBJECT: City Commission Meeting - 11/0712006 APPROVAL OF THREE (3) YEAR COPIER REPLACEMENT LEASE WITH IKON OFFICE SOLUTIONS Item Before Commission: City Commission is requested to approve a three (3) year replacement lease agreement with Ikon Office Solutions in the amount of$17,847.36 for a Ricoh Aficio MP5500 digital copier via the Miami- Dade Contract number 1140011 for Police Headquarters. The contract agreement includes unlimited service with parts and labor, all supplies with the exception of paper and staples, delivery, installation and training. Back2round: The Ricoh Aficio MP5500 copier will replace a Xerox CC65 copier currently installed in the front desk area of Police Headquarters. The RA MP5500 copier will serve the area's high volume requirements. With the Xerox Corporation service call center located in Canada, the service calls and supplies have become a problem with many complaints. Ikon Solutions has serval copier placements within the Police Department and all have performed well above expections, with few or no service calls. Recommendation: Staff recommends the approval of a three (3) year lease agreement with Ikon Office Solutions for the lease ofa Ricoh Aficio MP5500 digital copier via the Miami-Dade Contract #1140011 digital copier for the total amount of $17,847.36 over the 36-month lease period @ $495.76 per month. The City will realize a cost savings of$2,539.80 over the life of the lease. Funding from account code: #001-2113-521-44.30 Attachments: Approval from T. Lunsford, Administrative Services Director Vendor Proposal, 10/1612006 cc: Jackie Rooney, Purchasing Manager 9.Q~ , 7t8'IIM PURCHASING DIVISION TO: FROM: SUBJECT: DATE: nna Lunsford. Adn*IIstJ"8lMt SeIvIcBs Oiredor patsy Nadal. Buyer Copier Replllcement (Frona Desk) PoIce Headquarters october 18. 2008 The lease on your Xerox CC85 (MRL018383) will expInt on 10l3Ol2OO8 and mUll be rwpIaced. The current cost of your lease is $688.31 per month. Your copier wiD be replaced with the next generation of copiefs with scan to emaI capebillies. The following quotes Indude 50,000 copies per month. Vendor MadlII Pw ..... PWY.. TaIII .... ::::, CPM CcrpID ... Moll. Incl. Xerax V't'C3l5H $410.23 $5,842.76 S 18,828.28 .008 66 50,000 IIrIln RlDal'lIIPS/JOO __18 5,JMI.12 17....1.311 .G04S lIIS -'000 IIclln RIcd'I UP niOO ..00 7140.00 21 4210.00 .oD45 75 50 000 DoclHk SIIYi'I 8OlI5&I) 11!12.10 11,1112.40 33.51720 .00875 Il5 9),000 Xerox currently has the best pricing for leaSed equipment that wII suite your department needs via tne Putnam County contnId tlfJ7-2. . AI Include the following: 50,000 copies per month Supplies - a:lepI paper & stapleS Unlirriled ServIce - P8ItI and l.Ibor DelIY8fy, InstaIation and Tnllnlng I have 8lt8ct'1ed quotes, with infoml8lion on 88Ch copier for your consideration. If you have any questions or comments. please give me a cd at 8)denslon 7181. APPROVAL OF _MONTH UiASE AGREEMENT: -11'- '7 CP Selected Copier: ~ \CtJ h ~p s ~VO 4Ct s ~ ( r ,"",on ~ ~"~~ :t/~ .. Document Efficiency II1II At Work." City Of Delray Beach Police Department-Front Desk Ricoh Aficio MP5500 Features: -- . 55 PRINTS PER MINUTES . Digital Scan Once, Print Many Technology . 100 Sheet Digital Document Feeder (One Pass Duplex Scanner . 1st Tray: 1550 sheets x 2 (tandem) . 2nd and 3rd Tray 550( user adjustable) . 100 Sheet Multi-purpose Tray . Limitless Automatic Two Sided Copying . Finisher/Stapler 50 pg. Multi-Position 3,000 output. . Image Server Memory 256MB RAM + 80GB HD . Tab Copying and Insertion, Stamping, Chapters. . Copy Reservation- 5 copy Jobs, Job Building- Unlimited . Dept ID's- 500 with up to 7 digit password -~~ ii ,;:! .~ ;~_. -'" . '\ -' Financial Considerations 10S Capital Monthly Term: 36 Month Ricoh Aflcio MP5500 Copier Dual Scan Document Feeder Finisher/Stapler 2-3 Hole Punch $ 435.22 Optional: Network Board/Scanning $ 60.54 Includes the following: . 50,000 copies included per month, overage @ $ .0045 . All supplies included except paper& staples . Unlimited Service ( Parts& Labor) included . Delivery, Installation and Training . Miami-Dade Contract 114DD11 'it ^+q 5.1~ Proposal Date: 10/16/06 Paul Franklin ~_..______... A ____ __.. 1:"...___ ....:..._ August 23, 2006 DELRAY BEACH .~ , IIII~ 1993 2001 City of Delray Beach The City of Delray Beach is requesting quotes for a "Copier Lease" for the Police Department-Front Desk. Please return your best quote via email nadalecLdelrav- beach.fl.us as soon as possible. You may complete this form or emailltax the quote in your format. Thank You Vendor: Xerox Corporation Representative: Kim Schooley Telephone#: 561-355-8120 SPECIFICATIONS · MultifunctionaVCopier · 65 Minimum - Print per Minutes . 100 Sheet Document Feeder - Xerox Feeder accommodates 75 sheets · 2 x 1500 Paper Trays & 2 x 550 Paper trays . Xerox WC265H includes the following paper trays: 2 x 550, 1 x 2000, and 1 x 1600 50 Sheet Multi-purpose Tray - Xerox Bypass tray holds 100 sheets · T\"vo Sided Copying · Finisher/Stapler · Document Feeder · 36 Month Lease ~ . Scanning Capabilities - Scan to E-mail included, advanced scanning available at an ' additional cost .. Current Copier - Xerox CC65 4/ } }c~ Suggested Model: XeroxWC265H (Copier/Printer/Scan) Pages per minutes: 65ppm ~ ~ ~ (} 4~ ",/2-3 Hole Punch $ 450.52 Per Month Total 36 Month Lease $ 16,218.71 Contract # 97-2 Contract Name: Putnam County Network Board: $ N/A (if additional charge) Faxing Capabilities: $ 19.71 per month additional charge (if additional charge) Other charges: $ for Lease should include the following: . 50,000 copies per month Overage Cost @ $ .006 · Note: Xerox Lease includes 60,000 copies · All supplies included except paper& staples . Unlimited Service ( Parts& Labor) included · Delivery, Installation and Training Purchasing Division 100 N.W. I" Ave., Delray Beach, FL 33444 561-243-7161,561-243-7163 Fax 561-246-7166 page #002621 City of Delray Beach August 23, 2006 ~ 1993 2001 The City of Delray Beach is requesting quotes for a -Copier Lease- for the f2IIB DeDartment-Front Desk. Please return your best quote via email nadakmci.delrav- beach.fI.us as soon as possible. You may complete this form or emaillfax the quote in your format. Thank You Vendor: IkbN ~Sf)UIfltnf5 Representative: f/1JOt- NIMKtl4 Telephonet: .!;it ~#~K 7217 SPECIFICATIONS · MultlfUJICtionallCopler · 65 MiDimum - Print per MiDutes · 100 Sheet Document Feeder · 2 x 1500 Paper Trays & 2 x 550 Paper trays · 50 Sheet Multi-purpose Tray · Two Sided Copying · Finisher/Stapler · DocumentFeeder · 36 Month Lease · Seannbag Capabilities .. Current Copier - Xerox CC6S Suggested Model: f?JCOII ARt/v ft/fJ'JSlo 76 w/2-3 Hole Punch A1~C .- - d 4(P/~Y ~ ~Lr. ~Cj~.o" Pages per mbmtes: $ 5Jtj.LjC, Contract # 114/)l) II NetworkBoanl: $ (,O~~"lf FuiDg CapabiHties: $ N /A AI/t; Per Moath Total 36 Month Lease $ /121/0,!:Z Contract Name: #1 1fwI/- Mt1~ (if addltienal charge) Other charges: $ (if additional charge) Alk for Lease lhould Ind.de tile foDowiDg: · 50,000 copies per montla Overage Cost @ $ , tJ{) t/~ · All supplies included excq>t paper& staples · Unlimited Service ( Parts& Labor) included Delivery, Installation and Training PardIaIlng DlmIon t08 N.W. t- Ave., Delray Beach, n. 33444 561-143-7161,561-143-7163 Fa: 56t-146-716(; (!)l!f August 23, 2006 DEl.ltAy BEACH .~A...Ai ;-rrr 1993 2001 +City of Delray Beach The City of Delray Beach is requesting quotes for a "Copier Lease" for the Pollee Department-Front Desk. Please return your best quote via email nadal@ci.delrav- beach.fl.us as soon as possible. You may complete this form or email/fax the quote in your format. Thank You Vendor: Representative: Thomas J. Capraro Telephone#: 954-671-5317 SPECIFICA liONS · Multifunctional/Copier · 65 Minimum - Print per Minutes · 100 Sheet Document Feeder · 2 x 1500 Paper Trays & 2 x 550 Paper trays · 50 Sheet Multi-purpose Tray · T,vo Sided Copying · Finisher/Stapler w/2-3 Hole Punch · Document Feeder · 36 Month Lease · Scanning Capabilities ~ Current Copier - Xerox CC65 SU22ested Model: Savin 8065sp Pai!es ner minutes: 65 Per Month $932.70 Total 36 Month Lease $33,577.20 Contract # BW7123-3/07-0TR Contract Name: U.S. Communities Network Board: Included ruini! CaD abilities: Not Available Other chanres: NA Lease should include the following: · 50,000 copies per month Overage Cost @ $ .00875 per copy · All supplies included except paper& staples · Unlimited Service ( Parts& Labor) included · Delivery, Installation and Training PurchaJing Division 100 N.W. 1at Ave., Ddray Beach, FL JJ444 561-24J-7161,561-~716J Fax 561-246-7166 AGENDA ITEM NUMBER: 'i; ~~ AGENDA REQUEST Date: November 1, 2006 ..L Consent Agenda _ Special Agenda _ Workshop Agenda Request to be placed on: November 7,2006 Description of agenda item: City Commission is requested to approve a three (3) year replacement lease agreement with Ikon Office Solutions in the amount of $17,847.36 for Ricoh Aficio MP5500 digital copier via the Miami-Dade Contract number 114DDll for Police Headquarters. The contract agreement includes unlimited service with parts and labor, all supplies with the exception of paper and staples, delivery, installation and training. NO_X_ NO ORDINANCElRESOLUTlON REQUIRED: Draft Attached YES YES Recommendation: Staff recommends the approval of a three (3) year lease agreement with Ikon Office Solutions for the lease of a Ricoh Aficio MP5500 via the Miami-Dade Contract # 114DD II digital copier for the total amount of $17,847.36 over the 36-month lease period @ $495.76 per month. The City will realize a cost savings of$2,539.80 over the life of the lease. Department Head Signature: ~ ~~ Detennination of Consistency with Comprehensive Plan: ~ City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: (if applicable) Account Number: #001-2113-521-44.30. Account Description: EQUIPMENT ~ AL Account Balance: l' / ?, (, 0 , City Manager Review: Approved for agenda: Yes ~crt No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved JlMtff. [I.T Y ~t: " ", ~; , l~t!J~ I~' -:!1JIlI !~~? \. ~~,r.,:....:' .",-.;".:;) , .~, "'; '~-i'""^,, ,_, .. ,_ _',",' ,."," r: ~l{~ rl;~ ",' :>~~'}i~~ :,;~:,'~ .. '\"~';", FIRE-RESCUE DEPARTMENT ~ 1i:;Hi AND HF.:J1CH pE,LRoA':B~A~~ ME M 0 RAN DUM ..... ~1I1-AmlerlicaICi; TO: David T. Harden, City Manger FROM: Kerry B. Koen, Fire Chief @ DATE: 1993 2001 October 18, 2006 SUBJECT: Outsourcing - EMS Billing Pursuant to our conversation regarding outsourcing the EMS billing portion of our services, the Fire-Rescue Department is recommending and requesting approval to enter into agreement with Advanced Data Processing, Inc. Please find attached a proposal of fees from Advanced Data Processing, Inc. This includes a base fee consisting of a percentage of what they collect for us and a flat fee for Medicaid accounts in accordance with Florida Law. As noted the "percentage of collections fee" is established for our benefit at the highest compliant levels. An updated financial model has been provided to reflect our recent transport fee changes. Per our discussion with ADPI, in an "apples-to-apples" comparison, using our 2006 collections, their annual fee would be approximately $87,000. ADPI has projected collections for transports in 2007 of $154,000 more in revenue, which will more than cover the expected annual fee. This amount includes increases in revenue due to increased performance, revised transport fees and anticipated increase in transport volume. The Fire-Rescue Department will also benefit by decreasing the time needed by our Support Services Personnel for EMS Billing, therefore increasing their available time for other projects. ADPI comes highly recommended by other Fire Service Departments throughout the Palm Beach County area. Boca Raton, Boynton Beach, Palm Beach County, and Palm Beach Garden Fire-Rescue Departments are currently using this agency, and they also serve most of Broward County, and Miami-Dade County. Our Finance Department has reviewed this matter and concurs in our recommendation. \L~~~.L Kerry B. oen Fire Chief KBK/cls cc: Milena Walinski, Asst. Finance Director Joe Safford, Finance Director Ellen Wickert, Admin. Officer Cecelia Shade, Executive Asst. ~Q .\0. Attachments: 1 FIF'IE.REsr'lJI DFY/'.J;i fl "[ 1:' r,,~ i ,,[': ~ fl.! l (iF1IDA 33444 EllVDFIIIIIII'I.~ 1tD7E PURCHASING DIVISION TO: FROM: Doug Smith, Assistant City Manager Patsy Nadal, Buyer THROUGH: Joseph Safford, Finance Director SUBJECT: Advance Data Processing, Inc. DATE: November 1, 2006 The City of Palm Beach Gardens awarded Advance Data Processing, Inc. as the most responsive vendor to RFP #2005-016 for emergency transport third party billing services for the City's Fire Department. Advance Data Processing, Inc. has extended the same base fee and percentage of collections rates to the City of Delray Beach, per proposal letter dated 10/1112CXJ6. Attachments: City of Palm Beach Gardens Tabulation Sheet Onvia (Demandstar) Bid Detail Sheet cc: Jackie Rooney, Purchasing Manager c;=-. MEMEORANDUM TO: Kerry B. Koen, Fire Chief FROM:~na L. Walinski, Assistant Finance Director THROUGH: Joseph M. Saffo~ce Director DATE: October 18,2006 SUBJECT: Advanced Data Processing, Inc. - Outsourcing of EMS Billing The presentation by Advanced Data Processing, Inc. provided a good overview of their product and I was favorably impressed. I could see where there would be substantial efficiencies in the billing process, I contacted the City of Palm Beach Gardens regarding their experience with ADPI. They were very pleased with their performance. The transfer from in house operations to outsourcing was more challenging since there was approximately six months of back billing that needed to be done. ADPI caught up all the billing and everything is going smootWy. Palm Beach Gardens specifically likes the on line reports. In regards to the revenue collection there are two options: collect in house or utilize a lockbox. ADPI's recommendation was to use a lockbox and I concur. The estimated annual cost of a lockbox for EMS receipts would be $7,000. The lock box cost would need to be considered with the annual fee. doc:emsoutsourcing c: Ellen Wickert, Admin. Officer Cecelia Shade, Executive Assistant I" ~~~~~,S~~ EMS BILLING. COUNT ON US. October 11, 2006 Delray Beach Fire Rescue Attn: Cecelia Shade Dear Cecelia: We appreciate your interest in pursing a service relationship with AD PI. We look forward to the start of a mtually rewarding and beneficial relationship. We provided in our proposal to you our fees which would include a base fee consisting of a percentage of what we collect for you and a flat fee for Medicaid accounts in accordance with Florida Law. The percentage of collections fee is established so you know we are incented to collect at the highest compliant levels for you. Our fee in the proposal is as follows: Base Fee Percentage of Net Collections:* Flat Fee for Medicaid Related Collections: 6.25% of Net Collections $7.50 per Medicaid Claim Ovtional Service Fees: Mailing Notice of Privacy Practice: $0.75 per patient account We have updated our financial model to reflect your recent transport fee changes. Attached is a copy of the applicable portion for 2006 (current year) and 2007 (the first year we would begin your billing). Per our discussions, to figure our fee in an apples-to apples comparison, using your 2006 collections, you would come up with about $87,000 in annual fees which would be a wash to you in terms of current cost. Our projections show that, for transports occurring in 2007, we will collect about $154,000 more in revenue which will more than cover our fee. This amount includes increases in revenue due to our increased performance, your revised transport fees and, anticipated increase in transport volume. Please be aware that not all of the $154,000 will be effected in calendar year 2007 as we will be collecting on transports billed in latter part of 2007 well into the following year 2008. However, there will be an increase in year-over-year revenue when comparing 2007 revenue to that ofthe previous year. Our projections are calculated as if we collected all revenue for transports in the same year as which they were billed. In addition to providing increased collection performance, our company's services will provide many benefits over what your fine collections staff could possibly bring. Your organization and the City will benefit from the collective resources we have cultivated. We will deliver exceptional compliance and coding, HIPAA-security, audit assistance, fee strategy and advisement, regular industry updates and advisories, and our client seminars where we facilitate bringing our clients together in a forum for exchange of important and timely industry information. In addition, your staff will be able to focus on what they do best... saving lives. ADPI will focus for you on what we do best... EMS billing. 500 N.W. 165 Street. Ste. 104, Miami FL 33169 . 305.945.2280 fax: 305.945.6692 . emsclaims,com , 1\\ ~p.Y!.:~S~~~ EMS BILLING. COUNT ON US. Again, we look forward to serving the City of Delray Beach adding you to our list of more-than- satisfied clients. Should you have any questions on this, please feel free to call me at (877) 600- 2034. Sincerely yours, Don Passaro Vice President West Coast Operations 500 N.W. 165 Street. Ste. 104. Miami FL 33169 . 305.945.2280 fax: 305.945.6692 . emsclaims.com I" ~~~~~,S~~ EMS BILLING. COUNT ON US. Advanced Data Processing, Inc. Analysis of EMS Revenue Delray Beach FY FY 2006 2007 Unit Fees BLS-EM A0429 $ 412,00 $ 435.00 BLS-NE A0428 $ $ ALS-EM A0427 $ 433.00 $ 450.00 ALS -NE A0426 $ $ ALS2-EM A0433 $ 546.00 $ 550,00 Oxygen $ $ Specialty Transport (SCT2) $ $ TWT $ $ Helicopter $ Mileage A0425 $ 8,66 Air Mileage $ Number of Units Billed Total Transports 5,789 5,875 Mileage 3.60 3.60 Air Mileage Charge Mix Medicare 37,45% 38.00% Medicare HMO/ChampVA 0.00% 0.00% Medicaid 4.13% 4.50% Insurance- Commercial 24.44% 28.00% Self- Pay 30.17% 26.00% Number of Units Billed 5,789 5,875 Mileage 20,839 21,151 Gross Charaes $ 2,649,411 $ 2,809,991 Avg. Gross Charge/Account $ 457.70 $ 478.27 Adlustments $ 274,117 $ 318,719 Net Allowable Charaes 10% 11% $ 2,375,295 $ 2,491,273 ProJected Collections $ 1,522,689 $ 1,676,802 Prolected Collections bv Paver Medicare $ 630,813 $ 665,935 Medicare HMO/ChampusVA $ $ Medicaid $ 73,679 $ 79,735 Insurance $ 667,367 $ 793,185 Private Pay $ 150,830 $ 137,948 $ 1,522,689 $ 1,676,802 Percent of Gross Charges 57.5% 59.7% Percent of Net Charges 64.1% 67.3% Percent of Billable Charges 65.4% 68.6% Total Annual Collections $ 1,522,689 $ 1,676,802 ADPI Fee @ 6.25% 95,168.05 104,800.15 Average Per Patient Account $ 263.05 $ 285.40 Revenue Increase over 2006 $ 154,113.55 500 N.W. 165 Street. Ste. 104, Miami FL 33169 . 305.945.2280 fax: 305.945.6692 . emsclaims.com Date: October 18.2006 AGENDA ITEM NUMBER: <{~ .\0 " .. AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda ~en: ~ovennber7.2006 Description of agenda itenn (who, what, where, how nnuch): The Fire-Rescue Department is requesting and recommending approval to outsource EMS billing to Advanced Data Processing. Inc. This agreement includes a base fee consisting of a percentage of collections at approximately $87.000 for the 2006-2007 fiscal year. We are requesting an effective date of January 1. 2007. Reconnnnendation: Approve request. Departtnent Head Signature: \( Q..o-~~ lS. L City Attorney Review/Reconnnnendation (if applicable): Budget Director Review (required on all itenns involving expenditure of funds): Funding Availabk Yes /~Initi.lS: /.J:L 00/- t/- 52? . 3Lf-9cJ Account Number Description OI1?Lr {I (Y-fr a e fu aJ SerV/LizS "f9#t - / .--1. Iln jJ (\ r -#z1 $f /l-en1.S Account Balance: IV ( ~ (JJ;" Dt(p: ~f"\... . to. -I' ~.' - W; / C<.1:.:~ ~ Mad tf. f J1 ex f ~c I c,!7- ',/( (}: {,'-. Funding Alternatives::j;;} q'll 0 0 ~ . . (if applicable) F~ -1:0 Cet-rlG~ C.:::t.ct ty\~ City Manager Review: rJ.1J~ ~ ~ Approved for Agenda: @/ No Initials: Hold Until: Agenda Coordinator Review: Received: ~. FROM: DAV~~ PAUL DORLlNG, AIC , D ECTOR OF PLANNING AND ZONING ESTELlO BRET1~~~E.R MEETING OF NOVEMBER 7, 20~, REGULAR AGENDA REGULAR AGENDA CONDITIONAL USE EXTENSION REQUEST FOR AVENUE EAST. LOCATED AT THE NORTHEAST CORNER OF S.E. 1ST STREET AND S.E. 2ND AVENUE TO: THRU: SUBJECT: The action requested of the City Commission is that of granting an extension of two conditional use approvals, one allows a building height in excess of 48 feet (54'-3" approved) and the second allows the residential units to exceed 30 units per acre (38.2 du/ac approved) for Avenue East (fka Grove Square), pursuant to LOR Section 2.4.4(F)(2). The subject property consists of Lots 2 and 3, Block 85, Town of Delray, and Lots 1-18, Subdivision of Block 85. The property, totals approximately 1.44 acres and has a zoning designation of Central Business District (CBD). The proposal consists of the demolition of an existing four-story office building and nightclub / bar (City Limits) along with its associated pavilion and outdoor bar and construction of a five-story mixed- use building. The mixed use building will contain 850 square feet of retail floor area and a 58 space parking garage on the first level; a 60 space parking garage on the second level; and residential dwelling units on the third, fourth and fifth levels (55 dwelling units in total). The proposal also included the installation of a raised swimming pool, deck, exercise facility and restrooms at the southwest corner of the site. In addition, a trash compactor is to be installed at the northeast corner of the building to accommodate the existing retail/restaurant uses along East Atlantic Avenue as well as the proposed development. On September 21, 2004, the proposed development received Conditional Use approval from City Commission. At its meeting of December 15, 2004, the SPRAB Board unanimously approved a Class V site plan, landscape plan and architectural elevations associated with the construction of a five-story mixed-use development (55 dwelling units/850 square feet retail), subject to conditions. On January 4, 2005, the City Commission voted unanimously (5-0) to appeal the SPRAB site plan approval action. The City Commission had concerns over the industrial fayade of the development and felt that the style of architecture was not appropriate given its proximity to East Atlantic Avenue. The elevations were later revised by the applicant and approved by the City Commission at its meeting of January 18, 2005. After all outstanding conditions of approval were addressed, the project received final certification on September 3, 2005. It is noted that the development proposal was submitted for review prior to the adoption of the Downtown Design Guidelines; thus the project has been reviewed pursuant to the code requirements in effect at the time of submittal. The approved conditional uses are valid for 2 years and expired on September 21, 2006. The related site plan extension will be considered by the Site Plan Review and Appearance Board on November 8,2006. However, pursuant to LOR Section 2.4.3(F)(3)(a), the project must be evaluated q.A City Commission Documentation: Meeting of November 7,2006 Avenue East (fka Grove Square) Conditional Use Extension Request Page 2 pursuant to the Land Development Regulations in effect at the time of consideration of the extension request and the project shall comply with such current requirements. As noted previously, this project was not constructed utilizing the new design guidelines. Compliance with these regulations would require a total redesign of the project. The applicant requested relief from this requirement via a waiver request. However, on October 3, 2006, the City Commission denied the waiver request to LDR Section 2.4.3 (F)(3)(a) and postponed the consideration of the conditional use extension requests. The reconsideration is now before the Board. The written request to extend the conditional use and site plan approvals were appropriately filed within the forty-five (45) days required by the LDR Section 2.4.4(F). Additional background information and full analysis of the proposal can be found in the attached staff report, dated August 16, 2004. Pursuant to LDR 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 months unless otherwise stated; LDR Section 2.4.4 includes two categories for extension considerations, LDR Section 2.4.4 (F)(2) "Construction Has Commenced" and LDR Section 2.4.4 (F)(3) "No Construction" Pursuant to LDR Appendix "A", the definition of construction is: "The building of or substantial improvement to any structure or the clearing, filling, or excavation of any land. When appropriate to the context, "CONSTRUCTION" refers to the act of construction or the result of construction". If construction had commenced an extension to the originally approved project without change or without evaluation could be granted to enable the developer to complete the project. As no construction has commenced this extension request falls under the "No Construction" category. LOR Section 2.4.4(F)(3) "No Construction" Pursuant to LDR Section 2.4.4.(F)(3), when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(8); City Commission Documentation: Meeting of November 7,2006 Avenue East (fka Grove Square) Conditional Use Extension Request Page 3 (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The applicant submitted the following statement, regarding the delay with the construction of the proposed project and in support of the extension request. "Two of the major delays relating to this project have been with Florida Power & Light (FPL) and with obtaining a General Contractor (GC). The following is a timeline of the delays associated with FPL: . The Architect sent the site plan to FPL for their review in early 2004; . The architect did not receive any comments back from FPL during the entire conditional use/site plan process; . In early 2005, the project design team and the FPL project manager attended an on-site meeting to review how power was to be delivered to the site. At this meeting, the FPL project manager provided a design layout and guidelines for the project; . Between March 2005 and June 2005, plans were being revised for the underground utilities as directed by FPL; . In May 2005, Faison provided the revised plans to the FPL project manager for review and approval. However, FPL's head engineer stated the design layout was now unacceptable and the plans would require a re-design using a closed-loop system for future development to service the A venue East project as well as future land development east of SE 2nd Avenue/Atlantic Avenue, . On June 1, 2005, the project design team met with the FPL head engineer and the project manager created a new design and layout to approve FPL. FPL required a 10' easement which required Faison to present the new easement to the City. The City then had to vacate the sidewalk easement to Faison. Several meetings with the City Engineering Department and other city personnel were held before the sidewalk easement could be vacated, . As a result of this delay during the design process, the Plat was also delayed. The Plat was finally recorded on February 6, 2006, which was almost a year after the project had been originally approved, The other major issue on this project has been the difficultly of obtaining a GC: . The initial GC was hired from the beginning of 2005 to the end of 2005. A cost of Sixty- Five Thousand ($65,000.00) Dollars was paid to the GC for their preconstruction services which included pricing of all disciplines per fifty percent (50%) and one hundred percent (100%) drawings, permit submittal and temporary fence permit for construction security. However, the GC was later released of their obligations due to the cost they provided to Faison not being substantiated and a contract agreement could not be reached; and . Faison enlisted the assistance of another well-known GC in the tri-county area that has experience with this type of project. This GC provided pricing for the project in January City Commission Documentation: Meeting of November 7,2006 Avenue East (fka Grove Square) Conditional Use Extension Request Page 4 2006 through March 2006. However, it came in Five Million ($5,000,000.00) Dollars over budget. The GC concluded that the increase cost was due to the factors of material costs increasing, subcontractor base not being available and trades were too busy to price the job during the time frame required. Many other items that have been completed on this project include the following: . Payment for the bus shelter in the amount of Seven Thousand Five Hundred ($7,500.00) Dollars was paid on November 23, 2004, . Building permits were submitted on June 15, 2005 and a plan check fee was paid in the amount of Seventy-Nine Thousand Eight Hundred Seventy-One ($79,871.00) Dollars. . A temporary construction fence permit was issued on September 29, 2005. . Engineering Water/Sewer Inspection fee in the amount of One Thousand Three Hundred Eighty-Five and 20/100 ($1,385.20) Dollars was paid on February 2, 2006; and . An off-site parking agreement with the FEC has been secured for three years. Faison is committed to the A venue East project and has every intention to build this project. With the market turning, many smaller developers will likely decide not to build their approved projects. However, Faison has the capital and manpower to build this project. Since 2000, Faison has initiated the development of nearly 1,000 residential units by combining talented people, capital capacity and a disciplined development process. They are a recognized leader in urban residential development. Enclosed please find a copy of the general ledger for the project to date totaling Ten Million ($10,000,000,00) Dollars in hard costs spent thus far. This clearly shows the good faith efforts that Faison has done thus far on this project. There have been extenuating circumstances and for this reason, this request should be approved. The applicant has indicated that the delay in entering the construction phase of the project has been due to major delays related to the negotiations to locate a utility easement for Florida Power & Light (FPL), obtaining a General Contractor (GC), increase of material costs, and subcontractor base not being available. It is noted, that the applicant paid a bus shelter contribution in the amount of $7,500.00 Dollars on November 23,2004. Building permits were submitted on June 15, 2005 and a plan check fee was paid in the amount of $79,871.00 Dollars. The applicant has also paid fees for Engineering Water/Sewer Inspection in the amount of $1,385.20 Dollars on February 2, 2006. In addition, the applicant has secured an off-site parking agreement with the FEC for three years, a plat has been recorded on February 2, 2006, and the general ledger for the project to date (according to the applicant) totals $10,000,000.00 Dollars in hard costs. All this appears to indicate the applicant's good faith to conclude the project. Items that have been permitted on this project include the following: . A temporary construction fence permit was issued on September 29, 2005; . Engineering Water/Sewer Inspection fee was paid on February 2,2006; . Building permits were submitted on June 15, 2005 with minor requirements still pending; . The bus shelter contribution was paid on November 23, 2004; and . An off-site parking agreement with the FEC has been secured for three years. Based on above, it is reasonable to grant the extension of the conditional use approval since the issues that caused the delay of the project were beyond the control of the developer. However, pursuant to LDR Section 2.4.3(F)(3)(a), the project must be evaluated pursuant to the Land City Commission Documentation: Meeting of November 7, 2006 Avenue East (fka Grove Square) Conditional Use Extension Request Page 5 Development Regulations in effect at the time of consideration of the extension request and the project shall comply with such current requirements. Compliance with these regulations would require a redesign of the project, and depending on the degree of change would need to be processed as a Conditional Use Modification requiring review and approval by the Planning and Zoning Board (minor modification) and/or City Commission (major modification). Review by the Site Plan Review and Appearance Board will also be required for the related site plan modification, It is noted, that there are other projects such as Worthing Place, Hotel Vista Del Mar, and Pineapple Grove Limited which may have similar extension requests. In addition, similar conditional use and site plan extension requests have been approved for other projects in the CBD District, such as, Bob Famous Bar, Seagate Hotel, Astor Development, and City Walk. If the request for the extensions are denied, it would necessitate the filing of new conditional use and site plan applications. Pursuant to LDR Section 2.4.4(F)(1 )(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has requested an extension of 24 months. If granted, the extension request would be valid through September 21,2008. A. Postpone with direction. B. Move approval of the request for an extension of the Conditional Use approval for Avenue East (aka Grove Square), by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (3) of the Land Development Regulations, subject to the submittal of a Conditional Use and Site Plan Modification in compliance with the Downtown Design Guidelines. C. Move denial of the request for an extension of the Conditional Use request for Avenue East (aka Grove Square), by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Section 2.4.4(F)(1) & (3) of the Land Development Regulations. Commission discretion. Attachments: Extension Request Letter from Michael Weiner, Esquire dated September 11,2006 Planning and Zoning Board Staff Report Dated August 16, 2004. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA EXTENSION REQUEST FOR AVENUE EAST ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This extension request has come before the City Commission on November 7, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the extension request for Avenue East. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. EXTENSION: Pursuant to LOR Section 2.4.4(F)(3), when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements. (b) Additional submittal information including a new application and copies of previously submittal material may be required. (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Does the Extension request meet the requirements of LOR Section 2.4.4(F)(3)? Yes No 3. Does the extension request meet the requirements of 3.1.1 of the Land Development Regulations and are the Commission's determinations consistent with the Comprehensive Plan and Land Development Regulations? 1 Yes No 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves _ denies _ the extension request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this ih day of November, 2006, by a vote of in favor and opposed. ATTEST: Jeff Perlman, Mayor Chevelle Nubin, City Clerk 2 r _( \ -~ "'."( MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF KERRY D. SAFIER October 13, 2006 Ms. Chevelle Nubin City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Faison; Avenue East Our File No.: FAlS002 Dear Chevelle: WEINER & ARONSON, P .A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail:mweiner@zonelaw.com RECEIVED OCT 1 3 2006 CITY CLERK OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer Via Hand-Delivery With regard to the above-mentioned project. please consider this letter a request to postpone the matter before the City Commission to November 7,2006. Please call me should you have any further questions. Very truly yours ~Cer MSW:alv O:\FAIS002\Letter to City ClerlcOct 13, 2006.doc " WEINER & ARONSON, P.A. AITORNEYS AT LAW The Clark House 102 North Swinton Avenue DelrayBeach, Florida 33444 RECEIVED . SEP 1 1 2006 ' MICHAEL S. WEINER CAROLE J. ARONSON JASON S. .MANKOFF KERRY D. SAFIER Telephone: (561) 265-2666 lelecopier: (561) 272-(;)831 E-mail:mweiner@zonelaw.com PLANNING & ZONING OF COUNSEL: ROBERT MARC SCHWARTZ, P A Aorida Bar Board Certified . Real Estate lawyer September 11, 2006 Mr. Paul. Dorling , Director of Planning and Zoning 9ity of Defray Beach -. ,100N.W:'1stAvenue Defray B,eacti,'Florida334:44 Via Hand-Delivery .' '-' . ".. . .~_. . 'Re: . WaiverReq~estfor.AvenlJe~ east Our File No.: FAlS002 . ,Dear Paul: . This letter is a waiver reque~t pur~uant to Sec~on2.4. 7 (8 )(2)' of the City of Delray Beach ' Land Development Regulations ("LOR's") involving the granting of relief from a specific development: . feg~lation. -, . - - -. . ,.. ....The Waiver req~~~t is-pursuant to ,,~tiR Section 2.4>HF)(3). Tf1i~'i~ a recti.J'e~t to waiv~ the.. requirements ,fot an extension request fo(aproject for whichconstructiori has not been deemed ,\ substantial. , ,-, .. .' ". . , . .. . '-.~ > .. ,. ; To SUPP9rt a w~~~r, LDR S~ctron.~.,(t(B)(5) require,sJbaUhe govemingbody make, a' finding that grantl!.'!g a w~ive:r. .. . .., . ~.'.: (A) ,.Shall not~c:J',(~rseiy-aff~ct t~n~ighb6rin9area; (B) . Shall not;~igJlificantly cfifninishthe provisio'rl of public facilities; , (C) ShaJ! not &eate ,an uf1~afe sitUation; .and . . (D) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. , Thiswaiverwill notadvernely affectthe neighboring area, as evidenced bythatfaclthatthis project has previously been approvecf. . U will not signifieantlydiminish . the provision of public facifi~es,'create an unsafe' si~ua,t~n and/or resurt in a. grant ofa special privilege. to our cfient, 'Faison. Consequently, .a. positive finding with respect to LOR Section 2.4.7(B)(5), waiver findings can b~ made. . . We meet or exceed the requirements of LOR Section2.4.7(B)(5) for this waiver request Thus, this waiver requestsJiould beapproved based on meeting these requirements and because , of the following. . Due to numerous unforeseen and independent events, not of Faison's making or control, the project has been delayed. The same waiver would be granted to another applicant under the Mr. Paul Dorling September 11, 2006 -Page 20f3 following circumstances. First, the impacts of the past two hurricane seasons, culminating in ' Hurricane Wilma and its devastation to the local infrastructure, have delayed the execution of this project. Among other things, the scarcity of building resources and professionals in the field has delayed the completion of plans and drawings, Additionally, the cost of construction materials has dramatically increased. Therefore, arrangements with the, appropriate lenders as well as retaining' supplies, has taken longer and been more difficult than anticipated. Nonetheless, Faison has ' continued to remain diligent in its efforts and has continued to show good faith as indicated below. . Eighty Thousand ($80,OOO~00) Dollars has been paid upfront to the City of Delray Beach ("City") for the submittal of the building permit as the plan check fee. In addition to the issues: resulting from the pqst hurricane season, it has been extremely difficult to hire sub-contractors to do the necessary work required-in order to submit their bids to obtain a building permit. Furthermore, there were serious, issues relating to FPL concerning the relocation of underground utilities. Although FPL had originally signed off on the original Site Plan and Utility Plan, during the Plat- , , process, FPL indicated that the underground, utilities needed to be completely re-<:fesigned and' Faison needed to develop a loop systemwhich would also incorporate underground utilities for other properties other than the subject property. During the period of over six (6) months of dealing with FPL, the Plat Application was delayed and had to be re-circulated for signature to all of the parties required to sign the Plat. Silice it was unclear whether or not the revised FPL Plan would be approved, it was difficultto continue to proceed with other related activities. Additionally, as a result of the Plat being delayed, this held up the responses tethe City comments by the apprQPriate. professionals. The Plat has now been recorded and the FPL Plan includes a'complete loop system, including underground utilities for future developments. , ,'.other mlinicipalities have encountetedissues with projects being partially built WherEr ' conStruction then completely ceases. Faison did not want to, have this bccuras this .would'have affected the neighboring area, diminished the provision of public facilities and.'created .an unsafe: situation. Although t demolition permit has been approved, Faison did not want to;,begin construction a en have the pro ye so ve lca cons rudion has not been commenced., Moreover, since there are exis~ing structures that are in good condition ~hich would need to be tom down, it was not beneficial to the City or Faison to begin the process just to reach a twenty five percent (25%) threshold. This project is unlike many others, in which the structuie~ being tom down care dilapidated. Faison has continued to keep all of its prospective purchasers informed of the status of the project. Originally, when the project wentfor sale, almost all of the units were reserved within the first forty-eight (48) hours. At this time, there are approximately ten (10) reservations which are still 'being reserved and these ten (1 0) homeowners are extremely anxious to have the' opportunity to purchase,their units on Atlantic. Avenue. These residents, as well as the others, will certainly continue to add to the economic impact of the City and benefit the local merchants, businesses and restaurants. Thus, buyers are eagerly awaiting the opportunity to live in their units in Downtown Delray Beach. It is important to Faison that it maintains its stellar reputation and that it deliver on its promise to its buyers to build these units as promised, Items that have been completed on this project include the following: 1. Payment for the bus shelter in the amount of Seven Thousand Five Hundred ($7,500.00) Dollars was paid on November 23, 2004. 2. Building permits were submitted on June 15, 2005 and a plan check fee was paid in the amount of Seventy-Nine Thousand Eight Hundred Seventy-One ($79,871.00) Dollars, O:\FAISOO2\Letter to Paul Dorling re waiver requesl Sept 8, 2006.doc " Mr. Paul Dorling September 11, 2006 Page 3 of3 3. A temporary construction fence permit was issued on September 29, 2005. 4. Engineering Water/Sewer Inspection fee in the amount of One Thousand Three Hundred Eighty:-Five and 20/100 ($1,385.20) Dollars was paid on February 2, 2006; and 5. An off-site parking agreement with the FEe has been secured for three years. With the market turning, many smaller - developers will likely decide not to buHd their approved projects. However, Faison has the capital and manpower to build this project. They are a recognized leader in urban residential development. I In summary, in ,addition to the extenuating circumstances, the requirements of LOR Section 2.4.7(8)(5) are met. Thus, this waiver request should be approved. Therefore; for the reaso'ns enumerated ab e, we . respectfully request that the above waNer be approved. A check in the - -amount of 0 . Hundrer.t .1"wenty Dollars ($120.00) is endosed.. Thank you very much for :your assistance.thisrnatter.- Please advise me of all respective d~tes. I . Mi. ~.~. MS .a Endosure cc: Ms. Shelley $etzer(w/o.enclosure) Mr. Jim Apple: (w/o endosure) '. Ms. Elizabeth, SChmidt (w/o endoSure) . Jason S.-'Mankoff, Esquire (w/o endosure) -Ms. Ashle.eL Vargo (w/oenclosure) , . O:\FAlSOO2\letter to Paul DorIing re waiver request Sept 8; 2006.doc PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: August 16,2004 IV. A. Conditional Use Requests to Allow a Mixed-Use Building Having a Height in Excess of 48' (54'-3" is Proposed) and to Allow a Density in Excess of 30 Units Per Acre (38.2 du/ac is Proposed) within the Central Business District (CBD). for the Grove Square Development (Quasi-Judicial Hearing). Owner/Applicant.............,........., Faison-Grove Square, LLC. Agent..........,..................,..... ...... Randall, Stofft Architects Location...................................., Northeast Corner ofSE 1st Street and SE 2nd Avenue Property Size............,.,......,....... 1.44 Acres Future Land Use Map,......,....... Commercial Core Current Zoning.......................... Central Business District (CBD) Adjacent Zoning...............North: CBD _ South: Central Business District- Railroad Corridor (CBD~RC) East: Community Facilities (CF) and CBD West: CBD Existing Land Use....................,. Office and Nightclub I Bar Proposed Land Use......,....,..,.... Mixed-Use (Residential and Retail) Water Service........................,... Available Via an 8" Water Main Located within the SE 2nd Avenue Right-Of-Way' Sewer Service........................... Available Via an 8" Sanitary Sewer Main Located within the SE 2nd Avenue Right- Of-Way - I II I II I ~ t= iYt-j I t= I- l== /-- I- 1== t---- f--- I==J j r-- I-- 1=1, '-- -2NO ST. 111 E ~ N.E. -< r t II I ~ z~~l';"1 ITDJ]DTIU DIIIIIJ ATLANTIC AVENUE .L l- I- l- I- IiI 1= ::: zOIillJ '=;::: 0 1;1 ~~. ~~~I=::ll ! ~ -= TIm /t;[rro ST. - -~, - =- I~, - -- '< - f-- ~1 - _r--- f-- .. = t--- f-- ::I == -,;~ ~ l JRO := 1=1 ~ I-- f---1 := 81'- ~ u. Z l.L > <( OLD SCHOOL SQUARE oJ 01 " , IV. A. The action before the Board is making a recommendation to the City Commission on the following requests for conditional use approval pursuant to Land Development Regulations (LOR) Section 2.4.5(E): o To allow an increase to a maximum height of 60' (54'_3" proposed) [LOR Section 4,3.4(J) (4) (b)]; and o To allow a density exceeding 30 dwelling units per acre (38.2 du/ac proposed) in the Central Business District (CBD) [LOR Section 4.4.13(0) (15)]. The requests are in conjunction with Grove Square, a proposed mixed-use development located at the.northeast corner of SE 1st Street and SE 2nd Avenue (approximately 1.44 acres). The subject property consists of Lots 2 and 3, Block 85, Town of Delray, and Lots 1-18, SUbdivision of Block 85. The property, which totals approximately 1.44 acres and has a zoning designation of CBD, has an extensive land use history. The following are the most recent land use actions for the subject property: At its meetings of. August 23, 1995 and September 20, 1995, the Site Plan Review and Appearance Board (SPRAB) approved the site plan, landscape plan and architectural elevations for Grove Square (FKA Block 85 Redevelopment), The proposal was to occur in two phases with Phase I including the demolition of approximately 1,310 square feet of existing floor area, the conversion of 832 square feet of retail floor area to restaurant, the construction of 1,486 square feet of new restaurant floor area. the construction of 946 square feet of retail floor area, and installation of 29 parking spaces. Phase II was the construction of a four-story 12,328 square foot mixed-use building (office I residential) and the installation of 28 parking spaces. At its meeting of December 6, 1995, the SPRAB approved a site plan modification.to enclose 'a 1,100 square foot outdoor dining area. In January of 1996, the City Commission approved a Conditional use request to allow musical concerts and other events (coinciding with the operating hours of the restaurant) in the approved courtyard area. In 1997 and 1998, Class I site plan modifications were administratively approved for the installation of afloating bar in the courtyard and for seating surrounding the bar. . At its meeting of August 25, 1999, the SPRAB approved a Class /I site plan modification to modify Phase /I of the original Grove Square development proposal to construct a four-story, 11,638 square foot office building and a 38 space parking lot. Subsequent to this approval several site plan modifications have been administratively approved. These approvals include modifications to install a trellis and fencing within the courtyard, to provide additional tables within the courtyard, and to add an awning to the office building. Phase I and Phase II along with the associated modifications have been completed. At its meeting of July 19, 2004, the Planning and Zoning Board heard proposals for conditional use approval to allow a building to exceed the maximum building height of 48' (56' was proposed) and to allow a density in excess of 30 dwelling units per acre (43.75 du/ac was proposed). The conditional use requests were associated with a d~velopment proposal for a five-story residential building consisting of 63 dwelling units. The Board had concerns with regard to granting conditional use approval for both height and density and the lack of -, Planning and Zoning Board Staff' 'lort Conditional Use Requests for Gro... Square Page 2 commercial floor area along SE 2nd Avenue. However, the Board ultimately tabled the develzPment proposal and gave direction ~o the applicant to further step back th.e building along SE 2 Avenue and to reduce the perceIved bulk of the structure. The applicant has made. modifications to the proposal resulting in reductions to the conditional use requests for building height (54'-3") and density (38.2 du/ac), The modifications have also resulted in the addition of 800 square feet of retail floor area at the northwest comer of the building as well as greater variations I step-backs in the building architecture, The development proposal currently incorporates the following: o Demolition of a the existing four-story office building and nightclub I bar (City Limits) along with its associated pavilion and outdoor bar; o Construction of a five-story mixed-use building with 800 square feet of retail floor area and a 61 space parking garage on the first level; a 62 space parking garage on the second level; and residential dwelling units on the third, fourth and fifth levels (55 dwelling units in total); o Installation of a raised swimming pool, deck, exercise facility and restrooms at the southwest comer of the site; '0 Installation of a trash compactor at the northeast comer of the proposed building for both the existing and proposed uses; and o Installation of two (2) parking spaces and a loading area south of the existing commercial structures being retained. REQUIRED FINDINGS (Chapter 3): Pursuant to LOR 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 (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD, which are consistent with one another. Pursuant to LOR Section 4.4,13(0) (15), multiple-family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the standards and limitations of LOR Section 4.4.13(1). As discussed later in this report, positive findings can be made with respect to the referenced performance standards; thus positive findings can be made with respect to FLUM consistency. 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. Planning and Zoning Board Staff' lort Conditional Use Requests for Gro\td Square Page 3 Drainaoe: Preliminary drainage plans were submitted and indicate that drainage will be accommodated via floor drains on the second level of the parking garage the will drain to exfiltration trench on the ground level of the parking garage, There are no problems anticipated . in accommodating on-site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its' conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5,3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $27,500 will be required of this development for parks and recreation purposes, Solid Waste: The existing office building and nightclub / bar that are to be demolished .generate 55.65 tons of solid waste per year. The proposed 55 dwelling units will generate 28.6 tons of solid waste per year (55 units x 0.52 tons = 28.6 tons) and the 800 square feet of retail floor area will generate 4.08 tons of solid waster per year (800 sq. ft. x 10.21bs, /2,000 = 4.08 tons), a total of 32,68 tons. Thus, resulting in a decrease of 22.97 tons of solid waste generated per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement was submitted and approved by the Palm Beach County Traffic Division for the generation of 28 new AM peak hour trips and 34 new PM peak hour trips, However, a revi$ed traffic statement based upon the provision of retail floor area and the reduction in dwelling units must be provided and approved by the Palm Beach County Traffic Division. Water and Sewer: Water and sewer service is available to the site via an eight inch (8") water main and eight inch (8") sanitary sewer main located within the SE 2nd Avenue right-of-way. Fire protection will be provided via an existing fire hydrant that is located south of the proposed parking garage entrance from SE 2nd Avenue. Another fire hydrant presently exists at the southwest corner of the property; however the preliminary engineering plans did not indicate this hydrant as being retained. In order for the property to maintain adequate fire protection it is attached as a condition of approval that this hydrant is either retained or a suitable replacement site is provided. Pursuant to the City's Comprehensive Plan, treatmen.t capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these levels of service standards, subject to the outlined conditions. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the Planning and Zoning Board Staff' ')ort Conditional Use Requests for Gr&..:: Square Page 4 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. ' . A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is developed and contains approximately 11,638 square feet of office floor area, 9,538 square feet of nightclub I bar floor area, and 5,404 square feet of retail floor area as well as a 60 space surface parking lot. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The development will be complimentary with . the surrounding commercial developments and provide a customer base for the businesses on a year-round basis, which will provide economic stability for the downtown area, In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has. changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife, A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area". The proposed Grove Square development will help to fulfill this stated land use need by providing 55 additional dwelling units and is therefore consistentwith this policy. Future land Use Element Obiective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBO is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective: Policy C-4.1: The CBO zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: o Deletion of inappropriate uses; o Incentives for locating retail on the ground floor with office and residential use on upper floors; o Accommodating parking needs through innovative actions; o Incentives for dinner theaters, playhouses, and other family oriented activities; o Allowing and facilitating outdoor cafes; o Incentives for mixed use development and rehabilitation; o Elimination of side yard setback requirements; and HI Planning and Zoning Board Staff' oort Conditional Use Requests for Gn.. .;; Square Page 5 a Allow structural overhang encroachments into required yard areas. The development proposal will locate 55 residential dwelling units of various floor. plans and, sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural venues and parks. They will interact on a regular basis with the storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Oelray residents. They will become major participants in, and contributors to, the downtown community. The Grove Square development proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and revitalization of the CBO zoning district. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Given the potential impacts the proposed residential development will have on the surrounding road network and the location of a Palm Tran bus stop at the southeast corner of SE 1st Avenue and SE 1st Street (one block to the west), it is appropriate that the development contribute toward the provision of a bus shelter at this location. Thus, it is attached as a condition of approval that a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for the development. Subject to this condition of approval being addressed, the development will comply with Transportation Element Policy A-1.3. Transportation Element Policy 0-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal does not accommodate a typical bicycle parking facility (i.e. bike rack) on site; however individual storage areas are provided within the parking garage for each dwelling unit. These storage areas provide ideal locations for the residents to store their bicycles; however the existing retail/restaurant uses do not have access to any bicycle parking facilities. Therefore, a bike rack should be located adjacent to these uses and is attached as a condition of approvaL Subject to this condition being addressed, the development will comply with Transportation Element Policy 0-2.2. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings, Further, land in the downtown is at a premium and it can be cost prohibitive. to provide recreational features such as tennis courts, volleyball courts, etc. and there are other cultural and recreational opportunities located in the downtown that are not readily available to residents of suburban apartment complexes. However, the proposed development does provide some recreational facilities to its residents, such as a swimming pool and an exercise facility. Some of the recreational, cultural and open space opportunities located in proximity to the Grove Square development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, Old School Square Cultural Planning and Zoning Board Staff' 'Jort Conditional Use Requests for Gn.,. 4 Square Page 6 Center and the Milagro Center. As playground areas are located close by and other facilities that can be utilized by children, such as the pool, the intent of this policy will be met. Based on the above, it is appropriate to waive this requirement to provide these services entirely on site. HousinQ Element Obiective 8-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housina Element Policy 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 three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. This project will not be restricted to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by households with children. This complex will primarily accommodate young and middle-age professionals. The development will provide a mix of one (1) and two (2) bedroom units, As allowed by this policy, it is appro'priate that there not be a requirement to provide three (3) and four (4) bedroom units and specific activity areas for children. HousinQ Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, isa critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal is' consistent With- Housing Element Policy 8-2.6 as it provides the desired type of residential development within the CBD. HousinQ Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. HousinQ Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the economic stability of the downtown area. However, the introduction of additional residential dwelling units will also likely improve the safety of the area by introducing more nighttime activity and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity. While the development proposal will result in additional AM and PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will be substantially reduced by the , - Planning and Zoning Board Staff .')ort Conditional Use Requests for Gro~d Square Page 7 proposed residential development replacing the office building and nightclub I bar that presently occupy the site, Based upon the above, the development proposal will be consistent with Housing Policy A-12.3, REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Structures in the CBD may generally be no more than 48' high, unless conditional use approval is granted to exceed this standard to a maximum of 60'. Height is measured from the crown of the road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed mixed-use structure has a mixture of flat and pitched roofs with the maximum height measuring 54'-3". Pursuant to LOR Section 4.3.4(J) (4) (b), the City Commission may approve an increase in height to a maximum height of 60' pursuant to the processing of a conditional use request and based upon a finding of compliance with each of the enumerated. criteria listed below. (i). That the structure is to be located in one of the following geographic areas: (9) Area "I" - all property within the CBO except for property lying east of the Intracoastal Waterway. The subject property is zoned CBD and is located west of the Intracoastal Waterway. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of ,48', except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; The proposed structure consists of three (3) levels of residential dwelling units above a two (2) level parking garage with an 800 square foot retail bay. Thus,the requested increase in height is to accommodate residential uses on the top floor of the structure, which is consistent with this criterion. (iii) That the increase in height is based on or will result in one or more of the following: (1) A demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary; (2) That 75% or grea.ter of an area of the ground floor is devoted to parking and, vehicular traffic circulation; or (3) That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines. The development proposal meets criterion #2, above, as approximately 82% of the total ground floor area has been devoted to parking and/or vehicular traffic circulation. .1 Planning and Zoning Board Staff Jort Conditional Use Requests for Grovd Square Page 8 A finding of compliance with the enumerated criteria listed above can be made to support the request to allow the proposed residential structure to exceed the standard 48' height limitation to a maximum of 54'-3". LOR Section 4.4.13(1) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of LOR Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in. terms ,of building mass and intensity of use with surrounding development. The proposed development consists of 55 residential dwelling units on a 1.44 acre parcel of land, which results in a density of 38.2 dwelling units per acre. The development is located in the CBO zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LOR Section 4.4.13(1) and other relevant section of the LDR is provided below. (2) The applicable performance standards for development under this section are' as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the fa~ade are offset and varied. In structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. , The upper levels (third through fifth) of the proposed structure have been stepped back between four feet (4') and nine feet (9') from the lower levels (first and second) of the building on the SE 2nd Avenue I west elevation. However, this is only a minor increase in step back based upon the previous submittal which provided a step back between four feet (4') and eight feet (8'). A more substantial step back can and should be provided. The development proposal already has projected portions of the first and second levels away from the core of the building and incorporated these projections as balconies for the third level dwelling units. In order to more fully comply with the direction of the Board to increase the step back between the upper and lower levels of the building, the lower levels should be further projected toward the west and the balconies for the third level dwelling units expanded to utilize this projected area. It is noted that these additional projections should still accommodate the provision of adequate sight visibility at the SE 2nd Avenue parking garage entrance. The east elevation of the building, which abuts the Florida East Coast (F.E.C,) Railroad right-of-way, will incorporate offsets between eight feet (8') and 23' in order to provide relief to the structure. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate numerous balconies with aluminum railings and a varying Planning and Zoning Board Staff,. ')ort Conditional Use Requests for Gro.a Square Page 9 roofline including a standard. parapet, a curved parapet, and a curved corrugated roof. Several window shapes and patterns will also be included in the architecture along with fluted parapet details, aluminum masts, and glass block and wire mesh set within an . aluminum frame to screen the parking garage while providing the necessary ventilation and natural light. While the wire mesh accomplishes the task of providing ventilation and natural light for the parking garage, the manner in which the wire mesh has been incorporated into the design of the west elevation results in a rather heavy I bulky appearance. Thus, in order to provide relief to the building mass along the lower levels of the building, it is suggested that the commercial storefront architecture is extended along the fa<;ade of the lower levels to the garage access on SE 2nd Avenue and that the wire mesh screens south of said garage access are broken-up in a manner consistent with the east elevation of the building. Based upon the modifications made to the building design per the Boards previous direction and the incorporation of the above suggestions into the building design, the development proposal will be consistent with this performance standard, (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main bUilding through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active lIses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The development proposal does incorporate a parking garage on the first and. second levels of the structure. The building materials utilized with the parking garage are architecturally consistent with materials utilized on the upper levels of the structure despite not being identical., Further, the architecture of the structure includes vertical lines that will emphasize a unified appearance. The parking garage elevations will consist of split-face masonry, wire mesh screens set in an aluminum frame, and decoratively utilized glass block. The wire mesh screens and glass block will permit ventilation and natural light to enter into the parking garage and louvers will be provided along the interior of the wire mesh to restrict lighting to within the parking garage, As with the previously discussed performance standard, it is again suggested that the commercia.1 storefront architecture is extended along the fa<;ade of the lower levels to the garage access on SE 2nd Avenue and that the wire mesh screens south of said garage access are broken-up in a manner consistent with the east elevation of the building. These modifications will improve the compatibility between the two building sections (upper and lower) and allow the introduction of more similar building materials. Based upon the above, and subject to the attached conditions of approval being incorporated into the building design, the intent of this performance standard will be achieved. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination . of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects Planning and Zoning Board Staff' 'Jort Conditional Use Requests for Grv. d Square Page 10 having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal will provide a mix of one and two-bedroom dwelling units with twelve (12) different floor plans, There are 19 one-bedroom dwelling units ranging in size between 948 and 1,246 square feet, and 36 two-bedroom dwelling units ranging in size between 1,095 and 1,908 square feet. Based upon the above, the intent of this performance standard has been achieved, (d) The interiors of the dwelling units provide unique features and conveniences that distinguish them, from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of nine feet (9') or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or .a combination of similar features and elements that meet the intent of this standard. Along with the development plans, the applicant has provided a statement that the units will have eleven foot (11 ') high ceilings, large amounts of natural light via extensive use of glass including floor to ceiling windows in some locations, built-in cabinetry, decorative moldings, granite counters, and individual laundry facilities as standard items. In addition, the applicant has indicated that security features will be provided (Le. key pads and/or key cards); however the exact nature of the security feature has not yet been determined. Nonetheless, based upon the above, the intent of this performance standard has been achieved. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. The development proposal provides for most of the above referenced amenities, such as a swimming pool, an exercise room, individual storage rooms, and covered parking. Based upon the above, the intent of this performance standard has been achieved. (f) The development promotes pedestrian movements by. providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The development proposal provides a safe and efficient pedestrian connection between the buildings west entrance and the public sidewalk along SE 2nd Avenue. A second pedestrian connection between the buildings north entrance and the public sidewalk along East Atlantic Avenue via the breezeway between the existing retail uses also exists; however it is suggested and attached as a condition of approval that a crosswalk is striped-out across the drive aisle that bisects this crossing. While the public sidewalks along SE 2nd Avenue and SE 1st Street already exist, the sidewalk along SE 1st Street is Planning and Zoning Board Staff oort Conditional Use Requests tor Gr(}..: Square Page 11 not constructed with paver bricks and is therefore inconsistent with the balance of the sidewalk adjacent to the property. Thus, it is attached as a condition of approval that the concrete sidewalk along SE 1 st Street is replaced with a paver brick sidewalk consistent. with the balance of the downtown sidewalks. Light poles and fixtures consistent with those along East Atlantic Avenue will be installed. adjacent to the subject property along SE 1st Street and SE 2nd Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures. While this has been noted on the proposed site plan it is also attached as a condition of approval. Based on the above and subject to the attached conditions of approval being addressed, this performance standard wm be achieved. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development proposal occupies virtually all of Block 85 and the Subdivision of Block 85 plats with the exception of the parcel (Lot 1, Block 85) at the southeast comer of East Atlantic Avenue and SE 2nd Avenue, which consists of two buildings occupied by Atlantic Avenue Eye-Care and the V.F.W. Lodge. Thus, minimal opportunity exists to provide accessways or parking to adjacent properties. The development proposal will however provide twelve (12) new parallel public parking spaces along SE 2nd Avenue, which will achieve the intent of this performance standard. (h) Projects fronting on Atlantic Avenue, NE 1st Street or SE 1st Street contain nonresidential uses on the ground floor. The nonresidential ground floor space has ceilings not less than ten feet (10') in height. At least 50% of the surface area. of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The principle frontage of the subject property is along E(3st Atlantic Avenue and the development proposal Will retain the existing commercial uses that front along this arterial right-ot-way. The existing buildings have a ceiling height in excess of ten feet (10'-) and a surface area which is predominantly occupied by display windows and entrances. The subject property also has approximately 66' of frontage along SE1st Street; however the potential development of this frontage would typically be limited to approximately 25' by the 40' sight visibility triangle required at the intersection of SE 2nd Avenue and SE 1 st Street. Therefore, it is reasonable to base compliance with this performance standard only on the' East Atlantic Avenue frontage, which exceeds the requirements of this performance standard. Of the eight (8) performance standards outlined in LOR Section 4.4,13(1), the subject development proposal complies with five (5) outright. Compliance with the remaining three (3) performance standards can be achieved subject to the attached conditions of approval being addressed. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. LDR SECTION 2.4.5(El - REQUIRED FINDINGS: Pursuant to LOR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Planning and Zoning Board Staff'. oort Conditional Use Requests for Grv. a Square Page 12 (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonina: Use: Various Retail Businesses Milagro Center North South CBD Central Business District-Railroad Corridor (CBD-RC) CBD and Community Facilities (CF) CBD Parking Lot and Vacant Land Various Retail Businesses East West The development proposal will significantly enhance the aesthetics of the subject property unifying the majority of the parcels under a single development. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new residential dwelling units. Increase in Heiaht: The increase in building height over the standard 48' to 54'-3" will not be detrimental to the surrounding neighborhood, As discussed previously, the upper levels (third through fifth) of the structure are proposed to be stepped-back between four feet (4') and nine feet (9') from the lower levels (first and second) along the west elevation. It is suggested however, that this step back is increased by further projecting the lower levels of the building toward the west. Further relief will be provided to reduce the perceived building mass along the SE 2nd Avenue I west elevation via the utilization of offsets varying between four feet (4') and ten feet (10') within . the vertical planes of the fac;ade on the upper levels of the building. The east elevation of the building, which abuts the F.E.C. Railroad right-of-way, will incorporate offsets between eight feet (8') and 23' that will also provide relief to the structure. Increase in Density: The stability of the downtown area will be significantly enhanced by the addition of 55 residential dwellings that will patronize area businesses and contribute to the long term revitalization of the downtown, They will help to create and sustain a demand for goods and services within the downtown area, such as clothing stores and food markets, which will enhance commercial rents . and property values. As discussed previously, the development proposal is located within the TCEA. Traffic in the downtown area has increased significantly since the mid-1990's when the revitalization began to take off and it has not at all deterred people from visiting the Central Business District. Stop and go traffic and congested sidewalks are indicative of successful, healthy downtowns, and tend to attract more people and greater investment in the area. Trips associated with this residential development will principally occur during the AM and PM peak hours, whereas the majority of the trips generated by the previous uses on site primarily occurred following the PM peak hours and were substantially higher. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional requests pertaining to an increase in building height to a maximum of 60' Planning and Zoning Board. Staff port Conditional Use Requests for Grv.d Square Page 13 (54'-3" is proposed) and to allow a density in excess of 30 units per acre (38.2 du/ac is proposed). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use requests, a sketch plan in substantial compliance with the submittal requirements for a site plan application was submitted and has been reviewed by staff, If the conditional uses are approved, a full site plan submittal complying with LOR Section 2.4.3 will be required. Based upon staff's review of the sketch plan, the following analysis is provided: BuildinQ Setbacks: Pursuant to LOR Section 4.4.13(G) (2), within the area encompassed by the boundaries of the Downtown Development Authority (OOA) as originally established in LOR Section 8.2.2(6), there shall be no required front, side interior, side street, or rear building setbacks except where there is no dedicated access to the rear ofa building, a ten foot (10') side setback shall be provided. The subject property is located within the boundaries of the original DDA and has dedicated access to the rear of the existing and proposed structures; therefore no building setbacks are required. Parkina Reauirements: The development proposal consists of 55 residential dwelling units and 800 square feet of retail floor area. The parking requirements for a mixed-use project located in the CBO are calculated as follows: Step 1: The base parking requirements for each use in the project are determined individually and are depicted in the following table: Base Parking Requirements Use Parlcina Reauirement Parkina 5Daces Reauired Residential Units One Bedroom (19) Two Bedrooms (36) 1.25 spaces per unit 1,75 spaces per unit 23.75 63 86.75 Total Guest Parking Units 1 - 20 Units 21 - 50 Units 50 - 90 0.5 per unit 0.3 per unit 0.2 per unit 10 9 1 20 Total Retail Floor Area 1 per 300 sq. ft. 2.66 5.3 (Vested) 114.71 (115) Existing Restaurant I Retail Floor Area 1 per 300 sq. ft. TOTAL . Step 2: Pursuant to LDR Section 4.6.9(C) (8) (a), the minimum parking requirement for mixed-use buildings in the CBD shall be determined by the peak parking demand period. The peak demand period for the Grove Square project is the period from 6:00 P.M. to Midnight during weekdays. The following shared parking table has been modified to reflect the uses associated with the development proposal and to depict the resulting parking requirement within the timeframe: Planning and Zoning Board Staff 'Jort Conditional Use Requests for GrUvd Square Page 14 Mixed-Use Parking Requirements Use Base Parking Requirement 31.75 2.6 80.3 Weekday - Evening 6 P.M. to Midnight 90% 90% 100% Total Required Parking: Shared Parking Requirement 28.57 2.39 80.3 111.26 (112) Residential Commercial/Retail Other * . - This figure represents the vested parking requirement for the existing restaurant and retail floor area that is not being modified with this development proposal (5.3), and the reservation of 75 parking spaces for the residential dwelling units and guest parking on the second parking garage level. Based upon the above methodology, the total number of parking spaces required is 110. The project provides 125 parking spaces on-site, which includes the parking garage (123 spaces) and the surface spaces located to the south of the restaurant and retail buildings that are to remain (2 spaces). It is noted that the conversion of any commercial floor area to restaurant will require the processing of a site plan modification which must address the additional parking demand. . Compact Parkina: Pursuant to LDR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes nine (9) cOrn pact parking spaces located within the parking garage. This represents approximately 7,2% of the total spaces, thus meeting the requirement. Handicapped Accessible Parkino: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 125 parking spaces provided, the development 'must provide a minimum of three (3) handicap accessible parking spaces and . three (3) handicap accessible parking spaces have been provided. On-Street Parkina: Although not counted toward meeting the parking requirements for the project, twelve (12) public parking spaces are being provided by the developer within the SE 2nd Avenue right-of- way. Although available to the general public, these spaces should help meet the shorter term parking requirements of residents and guests of the project. A maximum time limit of two (2) hours during the daytime should be imposed by the City to prevent long term parking. liahtina: A photometric plan has not been submitted for the development proposal. A photometric plan con~istent with the 'requirements of LOR Section 4.6.8, that includes the lighting coverage for the parking garage, will need to be submitted during the site plan review process and is attached as a condition of approval. Also, as noted previously, it is attached as a condition of approval that light poles and fixtures consistent with those along East Atlantic Avenue are installed adjacent to the subject property Planning and Zoning Board Staff' 'Jort Conditional Use Requests for Gro.~ Square Page 15 along SE 1st Street and SE 2nd Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures, Sidewalks: As noted previously, public sidewalks along SE 2nd Avenue and SE 15t Street already exist. However, the sidewalk along SE 15t Street is not constructed with paver bricks and is therefore inconsistent with the balance of the sidewalk adjacent to the property. Thus, it is attached as a condition of approval that the concrete sidewalk along SE 1 st Street is replaced with a paver brick sidewalk consistent with the balance of the downtown sidewalks. Plat: As the development proposal will likely include the dedication and abandonment of various easements, a plat must be processed and recorded prior to issuance of a building permit and is attached as a condition of approval. Community Redevelopment Agency: The Community Redevelopment Agency (CRA) will review the development proposal at its meeting of August 12, 2004. The Boards recommendation will be presented at the Planning and Zoning Board meeting. Downtown Development Authority: The Downtown Development Authority (DDA) will review the development proposal at its meeting of August 13, 2004. The Boards recommendation will be presented at the Planning . and Zoning Board meeting, Site Plan Review and Appearance Board (SPRAB): If the conditional use requests are granted, a site plan application addressing the outstanding technical comments would need to be approval by the SPRAB. Final action on the site plan will rest with the SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's and/or civic associations which have.requested notice of developments in their areas: o Delray Beach Chamber of Commerce o President's Council o Progressive Residents of Delray (P.R.O.D.) Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property prior to the Planning and Zoning Board meeting of July 19, 2004. As the proposal was not tabled to a time-certain date; a second formal public notice has subsequently been provided. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. . Planning and Zoning Board Staff 'Jort Conditional Use Requests for Grv..o: Square Page 16 The proposed conditional uses are to allow for a mixed-use structure having a height in excess' of 48' (54'-3" is proposed) and to allow for a density in excess of 30 units per acre within the CBD (38.2 dulac is proposed). As described in this staff report the request for additional height meets with the criteria established in LDR Section 4.3.4(J)(4) (b), and the increase in density above 30 units per acre is supportable as the project meets or exceeds the Performance Standards found in LDR Section 4.4.13(1). The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD, The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E) (5) regarding compatibility of the proposed development with the surrounding properties regarding the requested increases in building height and density. It is noted that pursuant to LDR Section 4.4.13(1) (1), despite the fact that compliance with the performance standards is possible subject to the attached conditions, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. A. Continue with direction. B. Move a recommendation of approval of the conditional use requests to allow for a bUilding height in excess of 48' (54'-3") and a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and fipding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use requests to allow for a building height in excess of 48' (54'..;3") and a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land Development Regulations. By Separate Motions: a Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48' (54'-3") for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations; a Move a recommendation of approval of the conditional use request to allow for a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development Regulations; Planning and Zoning Board Staff ')ort Conditional Use Requests for Grv..:: Square Page 17 With said approvals to be subject to the following conditions: 1. That the outstanding technical comments listed in Appendix "A" are addressed prior to site plan approval; 2. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for the development for the provision of a Palm Tran bus stop shelter at the corner of SE 1st Street and SE 1st Avenue; 3, That a bicycle rack is located adjacent to these existing commercial uses on the north end of the subject property; 4. That the lower levels of the building should be further projected toward the west and that the balconies for the third level dwelling units are expanded to utilize this projected area; 5. That the commercial storefront architecture is extended along the fayade of the lower levels to the garage access on SE 2nd Avenue and that the wire mesh screens south of said garage access are broken-up in a manner consistent with the east elevation of the building. 6. That a crosswalk is striped-out across the drive aisle bisecting the crossing from the north entrance of the structure to the breezeway leading to East Atlantic Avenue; 7. That the concrete sidewalk within the SE 1 st Street right-of-way is replaced with a paver brick sidewalk consistent with the balance of the downtown sidewalks; 8. That light poles and fixtures consistent with those along East Atlantic Avenue are installed. adjacent to the subject property along SE 1st Street and SE 2nd Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures; 9. That a photometric plan consistent with the requirements of LOR Section 4.6.8, that includes the lighting coverage for the parking garage is submitted during the site plan review process; and 10. That a plat is processed and recorded prior to issuance of a building pennit. Attachments: Appendix -A-. Location Map, Site Plan, FloorPlans, ArchiteCtural Elevations, and Building Section Staff Report Prepared by: Robert G. Tefft, Senior Planner Planning and Zoning Board Staff' "lort Conditional Use Requests for Grc... ~ Square Page 18 1, Pursuant to LOR Section 2.4.3(B) (8), depict the approximate locations of aboveground and underground utilities including water, sewer, drainage. power, gas, telephone, and cable television; poles and guy wires, transformer boxes, etc. The plan shall also identify the disposition of all such utilities. 2. Pursuant to LOR Section 2.4.3(B) (14), depict the manner in which all utility services are to be provided to the site and structures on site. 3. Pursuant to LOR Section 2.4.3(8) (15), provide a sketch/detail of the proposed aluminum fence, wall, balcony railings, and wire mesh screen. 4. Pursuant to LOR Section 2.4.3(8) (17), depict the locations of the proposed light fixtures both within the parking garage and on the site. Also, provide a detail of the light fixtures/poles along with a photometric plan. The photometric plan should include data regarding both the interior of the building and site. 5. Pursuant to LOR Section 2.4.3(B) (18), while a trash compactor has been included to serve the proposed building, provide facilities for the existing retail and restaurant uses. Also, provide a detail of the proposed facility and enclosure with notations for the type of gating and materials used for the enclosure. 6. Pursuant to LOR Section 2.4.3(F) (4), provide a composite utility plan that shows the location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, drainage, etc.). The composite plan shall be signed by a representative of each utility provider attesting to. the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services. 7, Pursuant to LOR Section 4.6.9(0) (3) (c) (1), 50' of stacking distance is required between the SE 2nd Avenue right-of-way and the drive aisle with the parking garage and only 35' has been provided. 8. Pursuant to LOR Section 4.6.16(H) (3) (j), each row of parking spaces shall be terminated by a landscape island. The parking tier at the north end of the property (outside of the parking garage) is not terminated by such a landscape island. 9. A raised concrete island should be constructed at the north end of the west parking tier of the garage levels. 10. The balconies for units "A15" and "C9" encroach into the F.E.C. Railroad right-of-way and must be reduced. 11. There is a concern with regard to the accessibility of the proposed trash compactor. The trash compactor may need to be installed at an angle in order to ensure accessibility. Provide the turning movements for trash compactor access on the site plan. 12, The area abutting the south side of the compactor should be striped as "no parking". 13. Provide a copy of the required SFWMO permit for this project. 14. Indicate proposed elevations on existing roadway. 15. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property. Planning and Zoning Board Staff 'lort Conditional Use Requests for Grc. . .; Square Page 19 16. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. 17. Provide certified exfiltration trench test results. 18, Show nearest existing drainage structures and indicate how proposed design will not create ponding water. 19. Indicate on plans how the roof drainage is accommodated. 20. Provide paving cross sections. 21. Clearly indicate on plans the limits of all curbing. 22. Indicate how handicap access is provided to structure in conformance with ADA standards and handicap spaces are to be provided in accordance with Florida Accessibility Code for Building Construction, 23. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of Delray Beach parking stall detail. Remove parking detail from site plan and only show on engineering plan. 24. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and signage. Clearly indicate onsite traffic control. 25. Show existing fire hydrant at intersection of SE 2nd Avenue and SE 1 st Street. 26, Provide note that water meter sizes are to be determined by the City of Delray Beach Utility Department upon building permit application and remove the size indicated on the engineering plans. 27. Provide standard city RPZ backflow preventor detail on plans. 28. A cleanout will be required on. the sewer service at the right-of-way line and/or easement' line. Renumber cleanouts, 29. Indicate typical configuration and location of proposed sewer services with cleanouts. 30. Indicate rim and invert of upstream and down stream manholes of proposed sewer laterals. 31. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to submitting Final Engineering Plans. 32. Indicate location of irrigation wate.. meters. 33. Provide signed and sealed calculations indicating that existing lift station and force main which collects waste from proposed site has sufficient volumetric and pumping capacity. Also, confirm that downstream gravity sewer mains have sufficient capacity. 34. A certified engineer's estimate will be required for improvements within rights-of-way. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. W-J I I II I I I I I I II I L-JL-J H , I I II I J..- s-r:--- ~C N.W. 2ND ST. 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S;:'::OpR~:~~NIZ;~;: MEETING OF NOVEMBER 7, 2006 CONSIDERATION OF WAIVER REQUESTS ASSOCIATED WITH THE CLASS V SITE PLAN FOR THE WESTERN COMMUNITY CENTER LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD. TO: THRU: SUBJECT: At its meeting of October 25, 2006, the Site Plan Review and Appearance Board approved the site plan, landscape plan, and architectural elevations associated with a Class V development proposal to construct a 32,660 square foot community center that includes a gymnasium, fitness room, children's day care, game room, multi-purpose room, health & wellness clinic, assembly hall, and catering kitchen. The development proposal includes a future play area, day care playground, tot lot, and lake with walking trail and gazebos. The development proposal includes a waiver to the following sections of the Land Development Regulations: 1. LDR Section 4.6.9(D)(3)(a), which requires a maximum width of 36 feet for driveways (40 feet is proposed). 2. LOR Section 4.6.9(D)(3)(c)(1), which requires a minimum stacking distance between Lake Ida Road and the first parking space of 50 feet (45 feet is proposed). The Site Plan Review and Appearance Board considered these waivers and recommended approval to the City Commission. Driveway Width: Pursuant to LOR Section 4.6.9(D)(3)(a), the point of access to a street or alley shall be a maximum of 24 feet unless a greater width is specifically approved as a part of site and development plan approval. However, in no event shall such point of access be greater than 36 feet. The proposed driveway along Congress Avenue is 40 feet wide. The applicant has requested a waiver to increase the width of the driveway. Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and <1.~ City Commission Documentation Meeting of November 7, 2006 Western Community Center Site Plan Waivers (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver Analvsis: The applicant has submitted the following narrative in support of the waiver request: "...The current design allows for (3) lanes totaling 40' in width. (2) 12' wide lanes are designated for exiting. (1) 16' wide lane is designated for site entrance, This site will have significant bus traffic. The 16' entrance lane is required for the buses to enter the site without driving over the double yellow traffic separation lines. Also, based on our experience with various county traffic engineering departments and FOOT, a 16' wide entrance lane is mandated, where there is not right turn deceleration lane, to allow the entering traffic to enter the site without having to completely stop in the traffic lane before making the right hand turn. This helps to keep the traffic flowing and also reduces chances of rear end collisions... " It is noted that the entrance has been relocated further to the north in order to take advantage of the proposed left-turn lane within the existing median along Congress Avenue. This reconfiguration prevents the installation of a southbound turn lane into the subject property since it would extend in front of the adjacent property to the north. Given the speeds along Congress Avenue and the resulting safety concerns the waiver to increase the driveway width can be supported. Based on the above, a positive finding with respect to LOR Section 2.4.7(B)(5) can be made. Stacking Distance: Pursuant to LOR Section 4.6.9(O)(3)(c)(1), the minimum distance between a right-of-way and the first parking space or aisleway in a parking lot shall be 50 feet for the proposed development. The proposed development provides a stacking distance of 45 feet 9 inches from Lake Ida Road to the first parking space. The applicant has submitted a waiver request to reduce the stacking distance. Waiver Analvsis: The applicant has submitted the following narrative in support of the waiver request: "... The current design provides for 45'-9" inbound stacking distance from the property line to the start of the first parking stall. This property has (2) entrances and exits. The Lake Ida Road entrance is a secondary entrance. Most of the inbound traffic will occur from the Congress A venue main entrance..." The two entrances to the subject property (Lake Ida Road and Congress Avenue) disperse the traffic and reduces the number the vehicles entering at either driveway versus a development that has only one entrance, This in turn improves the safety of vehicles with respect to reducing back- ups into the right-of-way. It is noted that the City has approved similar waivers. Based on the above a positive finding with respect to LOR Section 2.4.7(B)(5) can be made. 2 City Commission Documentation Meeting of November 7, 2006 Westem Community Center Site Plan Waivers By separate motion: 1. Approve the waiver to LOR Section 4.6.9(O)(3)(a), to increase the driveway width along Congress from 36 feet to 40 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with respect to LOR Section 2.4.7(B)(5). 2. 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G ~: ! :=,=-.-t. ~ w F7'l~: I~ - - l '-I~~n : llr~ir~ ~ .~.:: :~~I~;" i .;1 1 - ~'O/ I\:.~=t=='! I I I .V j I j 1 _, V), '-....1-.... v-v. ", I I I I' I ;.tAI -,[[1 " ~ itUj~! I (tlml~lijl:\: , j _...._"- ."" -"'" 1 -'--__ j -+--~.:.. om om : ~ ~ : r. ,...... ''<.V -.-. ~. ~"" l;;"'" .;..~ F.1 - 09/19/2006 15:17 9545224128 ROBERT WALTERS ARCH! PAGE 01/01 \. Walters. Zackria Associates If Architcchlrt . Plannin~ - Design Robert S. Walters, AlA PresidCllt Abbas H. Zackria, CSI Vice Pre.r;ident September 19,2006 Mr. Scott Pape Senior Planner City of Delray Beach Re: City of Del ray Beach - Western Community Center - Entrance Width Waiver Dear Scott, Plea.se a.ccept this letter as a request a grant a waiver for the Congress Avenue Entrance/Exit for the above-mentioned project. The waiver is for LDR section 4.6.9(d)(3)(a) - 36' wide maximum driveway connection. The current design allows for (3) lanes totaling 40' in width. (2) 12' wide lanes are designated for exiting. (J) 16~ wide lane is designated for site entrance. This site will have significant bus traffic. The] 6' entrance lane is required for the buses to enter the site without driving over the double yellow traffic separation lines. Also, based Ol1 om experience with various county traffic engineering departments and F.DOT, a 16' wide entrance lane is mandated. where there is not right turn deceleration lane, to allow the entering traffic to enter the site without having to completely stop in the traffic lane before making the right hand turn. This helps to keep the traffic flowing and also reduces chances of rear end collisions. Please review and approve the requested waiver. lfyou have any questions or comments, please contact this office. Thank you. SJ;;;Jy, ji,tli{; Zackria. CSl Prin cjpa I Architect Cc: Randal Krejcarek. P.E., City Engineer Fn=r~"rr=.n ~ J fb.",,;.J SEP 2 0 2006 (j G & ZONING 620 Southeast 1st Street. Fort Lauderdale, Florida 33301 Ph: 954-522-4123 Fax: 954-522-4128 Florida Registration; AA2600D970 walters_zackria@bellsouth.net Walters . Zackria Associates Architecture. Planning. Design Robert S. Walters, AlA President Abbas H. Zackria, CSI Vice President October 13,2006 Mr. Scott Pape Senior Planner City of Delray Beach Re: City of Delray Beach - Western Community Center- Entrance Stacking Distance Waiver Dear Scott, Please accept this letter as a request a grant a waiver for the Lake Ida Road Entrance/Exit for the above-mentioned project. The waiver is for LDR section 4.6,9(d)(3)(c)(l) - 50' minimum stacking distance. The current design provides for 45' -9" inbound stacking distance from the property line to the start of the first parking stall. This property has (2) entrances and exits. The Lake Ida Road entrance is a secondary entrance. Most ofthe inbound traffic will occur from the Congress A venue main entrance. Please review and approve the requested waiver. If you have any questions or comments, please contact this office. Thank you. SAJl!~ ~aCkria, CSI Principal Architect Cc: Randal Krejcarek, P.E., City Engineer ~j ,,~":- n ;./ 7 2006 ~,. {', , 620 Southeast 1st Street, Fort Lauderdale, Florida 33301 Ph: 954-522-4123 Fax: 954-522-4128 Florida Registration: AA26000970 walters _ zackria@bellsouth.net SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- October 25, 2006 V.C. Western Community Center - Class V Site Plan, Landscape Plan, and Architectural Elevations Associated with the construction of a 32,660 square foot community center. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant......................... City of Delray Beach Location...................................... Northwest corner of Congress Avenue and Lake Ida Road (850 North Congress Avenue). Property Size.............................. 6.54 Acres Future Land Use Map................ TRN (Transitional) Current Zoning............................ CF (Community Facilities) Adjacent Zoning................North: PRD (Planned Residential Development) East: PCC (Planned Commerce Center) South: PC (Planned Commercial) West: PRD Existing Land Use...................... Vacant & Alzheimer Center Proposed Land Use.................... Construction of a 32,660 square foot community center. Water Service............................. Connection available via 8" water main located within the subject property. Sewer Service............................. Connection available via 8" sewer main located within the subject property. v.c. The item before the Board is approval of the following aspects of a Class V site plan request for Western Community Center, pursuant to Land Development Regulations (LOR) Section 2.4.5(F): . Site Plan; . Landscape Plan; . Architectural Elevations; and . Waivers The subject property is located at the northwest corner of Congress Avenue and Lake Ida Road (850 North Congress Avenue). The subject property contains an existing 4,640 square foot adult day care center (Francis H. Lattner Alzheimer's Caring Center) in part and the remainder is vacant and contains a total of 6.54 acres. At its meeting of October 24, 1995, the City Commission approved the rezoning of the subject property from Planned Office Center (POC) to Community Facilities (CF). At its meeting of February 21, 1996, the Site Plan Review and Appearance Board approved the Class V site plan application for the existing adult day care center. A Class V site plan application has been submitted to develop the parcel as a community center, The application is now before the Board for action. The development proposal consists of the following: . Construction of a 32,660 square foot community center that includes a gymnasium, fitness room, children's day care, game room, multi-purpose room, health & wellness clinic, assembly hall, and catering kitchen; . The outdoor recreation facilities include a future play area, day care playground, tot lot, and lake with walking trail and gazebos; . Relocation of the existing driveway along Congress Avenue to the northern end of the development; . Reconfiguration of the median along Congress Avenue to provide a left turn lane into the new driveway; . Installation of a new driveway along Lake Ida Road and new parking lot; and . Installation of associated landscaping and dumpster enclosure. The site plan application includes waiver requests to the following sections of the City's Land Development Regulations: Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 2 1. Pursuant to LOR Section 4.6.9(O)(3)(a), which requires a maximum width of 36 feet for driveways. 2. Pursuant to LOR Section 4.6.9(O)(3)(c)(1), which requires a minimum stacking distance between a Lake Ida Road and the first parking space of 50 feet for the proposed development. COMPLIANCE WITH THE lAND DEVELOPMENT REGULATIONS: Items identified in the land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. lDR Section 4.3.3 - Special Reaulations for Specific Uses: Child Care Facility Floor Area: Pursuant to LOR Section 4.3.3(E)(2), child care facilities must provide a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. The proposed child care facility provides approximately 500 square feet of floor area devoted to children (not including the storage room or bathroom). Based on this floor area, the maximum occupancy of the day care facility is 14 children. A condition of approval is attached, that the exact square footage of the day care facility not to include the area devoted to bathrooms, halls, kitchen, offices, and storage is provided on the plans and that the occupancy not exceed one child per 35 square feet. Child Care Facility Outdoor Floor Area: Pursuant to LOR Section 4.3.3(E)(3), there shall bea minimum area of 75 square feet of outdoor play area per child. Further, the play area shall be surrounded by a 6-foot high fence or wall. The proposed outdoor play area is approximately 3,376 square feet and can accommodate 45 children. A condition of approval is attached that the site plan be revised to include the exact square footage of the outdoor play area and that the maximum occupancy not exceed the 75 square feet per child standard. Child Care Facility loading Area: Pursuant to LOR Section 4.3.3(E)(4), a pickup and drop-off area for children shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. The proposed community center provides a covered drop- off area along the west side, which meets this requirement. Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 3 LDR Section 4.3.4 - Base District Development Standards: Special Building Setbacks: Pursuant to LOR Section 4.3.4(H)(6)(a), along the combination of NE 4th Street and Lake Ida Road extending from NE 6th Avenue westward to Military Trail, a 64-foot setback shall be provided on both sides of the centerline. The proposed development provides an 84-foot setback from the centerline of Lake Ida Road to the support columns of the open roof feature, thus, meeting the special building setback requirement. Special Landscape Setback: Pursuant to LOR Section 4.3.4(H)(6)(b)(5), along Congress Avenue, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30 feet or 10% of the average depth of the property, however, in no case shall the landscape area be less than 10 feet. The depth of the subject property is 354 feet, which requires a 30-foot special landscape strip along Congress Avenue. The proposed development complies with this requirement since a 33-foot landscape area is provided along Congress Avenue. Open Space: Pursuant to LOR Section 4.3.4(K), the minimum open space in the CF zoning district is 25%. The proposed development complies with the minimum open space requirement since 39.90% is provided. Building Height: Pursuant to LOR Section 4.3.4(K), the maximum height in the CF zoning district is 48 feet. The development proposal complies with this requirement since the height of the building is 36.5 feet. LDR Section 4.4.21 (H) - Special Reaulations: Perimeter Landscape Area: Pursuant to LDR Section 4.4.21 (H)(2), when the CF zoning district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of 15 feet; or, as an alternative, either a wall, decorative fencing, or hedging be installed for aesthetic and buffer purposes. The property is bordered on the north and west by PRD (Planned Residential Development) zoned property. The proposed development complies with the suggested perimeter landscape strip since 15 feet is provided along the west side of the property and 19 feet is provided along the northern property line. 'Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 4 LDR Article 4.6 - Supplemental District ReQulations: Off-Street Parking: The development proposal includes the construction and retention of 186 parking spaces (176 standard and 10 handicap accessible). Pursuant to LOR Section 4.6.9(C)(6)(q), parks shall have their parking needs assessed and determined by the City Manager or designee. The development proposal has been submitted by Joe Weldon, Director of Parks and Recreation, whom is the City Manager's designee for the project. The demands for the project have been assessed and it was determined that the proposed quantity and type of parking will be sufficient. Bicycle Racks: Pursuant to LOR Section 4.6.9(C)(1 )(c)(2), community centers are required to provide bicycle facilities. The proposed development complies with this requirement since 4 bicycle racks are provided. Other Issues: Right-of-way Dedication: Per LOR Section 5,3.1, right-of-way dedications to meet minimum standards must be made with all developments. The required right-of-way width for Lake Ida Road is 110 feet. The existing right-of-way width for Lake Ida Road is 80 feet. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG have approved the reduction in the right-of-way from 110 feet to the existing 80 foot width. It is noted that this section of Lake Ida Road is a Palm Beach County right-of-way. Pursuant to the direction of the Palm Beach County Traffic Division, the applicant has provided a 9 foot 6 inch pedestrian easement in lieu of providing the required dedication. Driveway Width: Pursuant to LOR Section 4.6.9(D)(3)(a), the point of access to a street or alley shall be a maximum of 24 feet unless a greater width is specifically approved as a part of site and development plan approval. However, in no event shall such point of access be greater than 36 feet. The proposed driveway along Congress Avenue is 40 feet wide. The applicant has requested a waiver to increase the width of the driveway. Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 5 (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver Analvsis: The applicant has submitted the following narrative in support of the waiver request: , "..,The current design allows for (3) lanes totaling 40' in width. (2) 12' wide lanes are designated for exiting, (1) 16' wide lane is designated for site entrance, This site will have significant bus traffic. The 16' entrance lane is required for the buses to enter the site without driving over the double yellow traffic separation lines. Also, based on our experience with various county traffic engineering departments and FDOT, a 16' wide entrance lane is mandated, where there is not right turn deceleration lane, to allow the entering traffic to enter the site without having to completely stop in the traffic lane before making the right hand turn, This helps to keep the traffic flowing and also reduces chances of rear end collisions,.." It is noted that the entrance has been relocated further to the north in order to take advantage of the proposed left-turn lane within the existing median along Congress Avenue. This reconfiguration prevents the installation of a southbound turn lane into the subject property since it would extend in front of the adjacent property to the north. Given the speeds along Congress Avenue and the resulting safety concerns the waiver to increase the driveway width can be supported. Based on the above, a positive finding with respect to LOR Section 2.4.7(B)(5) can be made. It is noted that final action on this waiver will be considered by the City Commission and a recommendation from the SPRAB is requested on this item. Stacking Distance: Pursuant to LOR Section 4.6.9(O)(3)(c)(1), the minimum distance between a right-of- way and the first parking space or aisleway in a parking lot shall be 50 feet for the proposed development. The proposed development provides a stacking distance of 45 feet 9 inches from Lake Ida Road to the first parking space. The applicant has submitted a waiver request to reduce the stacking distance. Waiver Analvsis: The applicant has submitted the following narrative in support of the waiver request: ",.. The current design provides for 45'-9" inbound stacking distance from the property line to the start of the first parking stall, Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 6 This property has (2) entrances and exits, The Lake Ida Road entrance is a secondary entrance, Most of the inbound traffic will occur from the Congress Avenue main entrance... " The two entrances to the subject property (Lake Ida Road and Congress Avenue) disperse the traffic and reduces the number the vehicles entering at either driveway versus a development that has only one entrance. This in turn improves the safety of vehicles with respect to back-up into the right-of-way. It is noted that the City has approved similar waivers. Based on the above a positive finding with respect to LDR Section 2.4,7(B)(5) can be made. It is noted that final action on this waiver will be considered by the City Commission and a recommendation from the SPRAB is requested at this time. Site Plan and Engineering Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to building permit submittal unless as otherwise stated: 1. That the photometric plan be revised to indicate a maximum height of the light pole and fixture not exceed 25 feet prior to certification of the site plan. 2. That the sight visibility triangles are graphically noted on the site plan and landscape plan prior to certification of the site plan. 3. That the assembly hall area has the propensity that if the folding divider walls are deployed each individual divided area would require two separate means of egress for each space. That these subsequent means of egress (if necessary) are provided on the plans prior to certification of the site plan. 4. That adequate exit discharge from the assembly hall through adult fenced courtyard to a public way is provided in accordance with direction of the Fire Department. 5. That a minimum 45-foot turning radius is provided for access roads. 6. That a note be added to the site plan that indicates that all service utilities be placed underground. 7. That a detail of the dumpster enclosure be provided on the plans prior to certification of the site plan. The City Horticulturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Hong Kong Orchid trees, Gumbo Limbo trees, Pigeon Plum trees, Silver Buttonwood trees, Golden Dewdrop trees, Royal Poinciana trees, Hibiscus trees, East Palatka Holly trees, Slash Pine trees, Sylvester Date Palms, Live Oak trees, Florida Royal Palms, Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 7 Desert Cassia trees, Sabal Palms, Glaucous Cassia trees, Bald Cypress trees, Montgovery Palms, Winin Palms. These areas will be underplanted with annuals, Hedge Bamboo, Cat Palms, Cocoplum, Bleeding Heart, Mammey Croton, Coleus, Purple Crinum Lily, Gold Mound. Blue Daze, Green Island. Florida Privet, Firebush, Dwarf Yaupon, Wax Jasmine, Dwarf Jatropha, Shore Juniper, Macho Fern, Purple Showers, Variegated Trinette, Spartina grass, Thryallis, Fakahatchee grass, Walters Viburnum, St. Augustine Floratam. The landscape plan also provides for the preservation of 11 existing trees. Based upon the above, the proposed landscape plan will comply with LOR Section 4.6.16. Berm: The City has typically requested that a 3-foot high berm be provided for properties along Congress Avenue to provide interest to the streetscape and screen the parking areas. Therefore, a condition of approval is attached that a 3-foot high berm be provided along Congress Avenue that undulates both vertically and horizontally along the inside of the special landscape area. Slash Pine Trees: The City has received the attached letter from an adjacent resident to the north. The resident indicates that the existing Slash Pine trees along the north side of the subject property cause a nuisance with respect to needles falling on their property. The applicant expresses a concern that the proposed redevelopment of the site includes the addition of three additional Slash Pine trees along the north side of the development, which will exacerbate the situation. Two of these Slash Pine trees will be located adjacent to the resident's property. It is recommended that the two new Slash Pine trees be replaced with three Sabal Palms to create a grouping and this is attached as a condition of approval. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission unless as otherwise stated. 1. That conflicts between landscaping and the vehicle overhang be eliminated by removing the curbing at the end of the parking space and replaced with a wheel stop 2 feet from the edge of pavement. 2, That written permission of landscaping within easements be provided. 3. That the landscape plan and irrigation plan be revised to include the reconfigured Congress Avenue median and that it be approved by the City Horticulturalist prior to certification of the site plan. 4. That the landscape plan be revised to reduce the gaps between the trees along the west side of the property and that the street lights be installed closer to the pavement with the trees in line behind the lights in accordance with direction by the City Horticulturalist prior to certification of the site plan. Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 8 5. That ground level air conditioning units and mechanical equipment be noted on the plans and that they be screened in accordance with direction by the City Horticulturalist prior to certification of the site plan. 6. That the densely planted areas of the landscape plan be enlarged. Pursuant to LOR Section 4.6,18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of. beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time, The architecture of the community center is a contemporary interpretation. The towers will have a standing seam metal roof with decorative brackets. The window styles are varied between glass block, double transom windows, and muntins. The building will be painted Afterglow (dark beige), Captivating Cream (medium beige), and Welcome White (light beige). The tower features will be painted Adventure Orange (terra cota). The building contains a variety of canopies that will be self supported or cantilevered. The drop-off canopy has an interesting curvilinear design that will provide a dramatic entry feature to the facility. A positive finding can be made that the pavilion and playground equipment comply with LOR Section 4.6,18(E). Pursuant to lOR 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 Future land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the lDRs as noted below. lOR Section 3.1.1 (A) - Future land Use Map: The subject property has a TRN (Transitional) Future Land Use Map designation and a CF (Community Facilities) Zoning Map designation. The CF Zoning Map designation is Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 9 consistent with the TRN Future Land Use Map designation. Pursuant to LOR Sections 4.4.21 (B)(2), community centers are a permitted use within the CF zoning district. Based upon the above, a positive finding with respect to consistency with the Future Land Use Map designation can be made. lDR Section 3.1.1 (B) - Concurrency: As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, schools, and solid waste. lOR Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. lDR Section 3.1.1 (D) - Compliance with the land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LOR can be made, when all outstanding items attached as conditions of approval are addressed. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future land Use Element Obiective A-1: Property shall be d~veloped or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the community center. The property is surrounded on the north and west by the Rainberry Lakes residential subdivision, on the south by the Lake Ida Plaza shopping center; and on the east by the Delray Park of Commerce. The Rainberry Lakes recreational facility is located on the west side of the subject property. HousinQ Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. HousinQ Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 10 determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Due to the location of the Rainberry lakes recreational facility to the west of the subject property. sufficient buffer will be provided to negate any nuisances to this residential subdivision. As noted in the landscape section of this report, the conversion of the two proposed Slash Pine trees to palms will preclude any further impact to the property owner to the north. It is noted that the north side of the property will be redeveloped with a lake, sidewalk, and gazebos. These features are passive in nature and will not generate significant nuisances to the adjacent residences to the north. Parks and Recreation Element: Policy A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved -through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policy A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A-2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy. Policy A-2.14 All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. The Western Community Center was identified in the Parks and Recreation System Master Plan. LDR Section 2.4.5(F) (5) - Compatibility (Site Plan FindinQs): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north and west by PRO (Planned Residential Development); to the east by PCC (Planned Commerce Center); and to the south by PC (Planned Commercial), The surrounding land uses are the Rainberry Lakes subdivision to the north and west, Delray Park of Commerce to the east, and Lake Ida Plaza to the south. As discussed above in the analysis of Future Land Use Element Objective A-1 and Housing Element Policy A-12.3, positive findings can be made with respect to the compatibility of the proposed development with the adjacent properties. The Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 11 development proposal will be compatible and harmonious with the adjacent properties and a positive finding can be made with regard to LOR Section 2.4.5(F)(5). The subject property is not located in an area requiring review by an advisory Board or Agency. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: · Neighborhood Advisory Council · Progressive Residents of Delray (PROD) · President's Council · Rainberry Bay · Lakelda · Rainberry Lakes Villas · Pines of Delray North · Chatelaine Letters of objection or support, if any, will be presented at the SPRAB meeting. The development proposal involves the construction of a community center that will serve the recreational needs of all Delray Beach residents. The community center will enhance the quality of life for all citizens with respect to health, entertainment, and the establishment of a community meeting place. The project will be consistent with the policies of the Comprehensive Plan and Land Development Regulations Section 2.4.5(F)(5) provided the attached conditions of approval are addressed. A. Continue with direction. B. Move approval of the waivers, Class V site plan, landscape plan, and architectural elevations for Western Community Center, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5), Section 4.6.18(E), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the waivers, Class V site plan, landscape plan, and architectural elevations for Western Community Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 12 Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(F)(5), Section 4.6.18(E), and Chapter 3 of the Land Development Regulations. By Separate Motions: Waivers: 1. Move a recommendation of approval to the City Commission of a waiver to LOR Section 4.6.9(D)(3)(a), to increase the driveway width along Congress from 36 feet to 40 feet, based on a positive finding with respect to LOR Section 2.4.7(B)(5). 2. Move a recommendation of approval to the City Commission of a waiver to LOR Section 4.6.9(D)(3)(c)(1), to reduce the required 50-foot stacking distance along Lake Ida Road to 45 feet 9 inches. Site Plan: Move approval of the request for Class V site plan approval for Western Community Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That the exact square footage of the day care facility not to include the area devoted to bathrooms, halls, kitchen, offices, and storage is provided on the plans and that the occupancy not exceed one child per 35 square feet. 3. That the site plan be revised to include the exact square footage of the outdoor play area and that the maximum occupancy not exceed the 75 square feet per child standard. 4. That the applicant submits a signed and sealed traffic study and that a finding of concurrency is submitted from the Palm Beach County Traffic Division. Landscape Plan: Approve the landscape plan for Western Community Center based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions. 1. Address all Landscape Technical Items and submit three (3) copies of the revised plans. Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 13 2. That a 3-foot high berm be provided along Congress Avenue that undulates both vertically and horizontally along the inside of the special landscape area. 3. That the two new Slash Pine trees be replaced with three Sabal Palms to create a grouping. Elevations: Approve the proposed elevations for Western Community Center based on positive findings with respect to LOR Section 4.6.18(E). Attachments: Appendix "A" Appendix "8" Site Plan, Landscape Plan, and Architectural Elevations Report prepared by: Scott D. Paoe. Senior Planner Site Plan Review and Appearance Board Staff Report: Meeting 10/25/06 Western Community Center - Class V Site Plan, Landscape Plan, Architectural Elevations Page 14 Pursuant to LOR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and sewer service is currently available via service lateral connections to existing 8" mains located on the subject property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: A traffic study was submitted on October 19, 2006 that indicates that the proposed development will generate a net increase of 49 new peak p.m. trips and a net increase of 687 average daily trips. There should be adequate capacity on the surrounding roadway network to accommodate the additional trips. However, a condition of approval is attached that the applicant submit a signed and sealed traffic study and that a finding of concurrency is submitted from the Palm Beach County Traffic Division. Parks and Recreation Facilities: The impact on the City's parks and recreational facilities do not apply to non-residential project. Solid Waste: The proposed community center will generate 57.15 tons of solid waste per yeard (32,660 x 3.5/2,000 = 57.15 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. The waste generated with the subject development proposal will not have an impact with respect to this level of service standard. Drainaae: Drainage is to be accommodated on site via sheet flow to catch basin with outfall to the retention pond along the north side of the property. There should be no impact on drainage as it relates to this level of service standard. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. x C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. X (Provided the Slash Pine trees are replaced with a rou in of Saba I Palms) Does not meet intent Appendix "B" Standards for Site Plan Actions Page 2 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. x I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. X (Provided that a signed and sealed traffic study is submitted and a finding of concurrency is received from the Palm Beach Coun Traffic Division Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. _"Y'U F ~ ~~ == ~l = ~ ~ ~,...rn"/~~5 -J~lf~ ~ [Vt I r-- == -1:= .,- v--,......-. - ~~ '."fl == I ~ 84 l= I--- ~/-- t-'-"'~- I--- ..:= t- of- -~ .---- " ~ I--- o~t- .\ I--- itl~ ~ I \ ~ \ I--- .......,." ~ ,~ I ) \\\ ~~ ~~ 12'f/:i~ e-- 51' \~\)~~= ze-- . ~ 9J5T'~~ I I ~ -\ ~ = ti II Ph. - ~~~= = ~ u5r. = (N.ti;d = ~ ~ LW~ -t' \~ fi! .v B'- -~.- 'e"'- ;;!- 1"\ ... ,_ "1\. ~~c-- ~\ -I.;> ---::7-< '..", - - I- ~-1- ~I-l<l _~~z;c~..,,~~~-~r- ~I--I- I--- - ... l:) - 301---- '" 1-''-- ~ - '1---- . 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PLANNING'" ZONING DEPARTMENT ImI SUBJECT PROPERTY -- OIG/TAL BASE MAP SYSTEM -- WESTERN COMMUNITY CENTER LOCATION MAP MAP REF: LM971 September 14, 2006 Sandra Fischetti 1820 NW 10th St. Delray Beach, FL 33445 Cell# 561-573-1902 To Whom it May Concern, I am writing as a concerned resident of Delray Beach and a neighbor to the new Western Community Center located on the comers of Lake Ida Road & Congress Avenue. I reside in Rainberry Lake, phase III, lot 123 which is one of the 5 homes that backs up to the new proposed City Center. I am the original homeowner and have resided here for over 20 years. Over these years, my backyard has been a haven for wildlife. Many, many birds once lived here, raccoons, owls and yes even a red fox. Once all the brush was cleared from our "green belt", and yes I am aware it was florida holly and other unwanted foliage, the wildlife has disappeared. In addition, we have developed a new problem with all this brush being removed. The pre-existing Slash Pine, which is behind my house, no longer has any brush to catch the constantly falling pine needles. They cover my yard, back and front and clog the filter to my pool on a daily basis. It has been a nightmare to keep up with. This is why I write. The proposed landscaping is adding 5 more Slash Pines to the area of the pre- existing Pine!! I am asking, please, for your reconsideration of these 5 proposed trees. I cannot keep up with the one Slash Pine as it is, I cannot imagine multiplying this problem by 6!l This Pine tree is a nuisance to the yards that back up to this center, as well as a major problem to try and keep my pool up and running with the constant clogging of the pool filter. The filtration system has not been able to keep up with the overwhelming amount of pine needles that fall daily from that one existing Slash Pine. In addition, I do not see this species of tree welcoming back the lost wildlife. Birds do not land or nest in this tree. It is not a food source for birds, nor is it protection. I can understand it would be costly to remove and relocate this tree. Possibly the new proposed landscape will help eleviate the problem with the pine needles from this one existing tree. This is what I am hoping for and I am not asking you to relocate the pre-existing tree. I am asking to please reconsider the proposed planting of 5 more Slash Pines to this area. I am sure there are many other species of trees that would help beautify the area as well as be beneficial to the wildlife that once existed back there. In addition, we the homeowners would certainly appreciate your consideration in finding a tree that would be more suitable for all that must live in harmony at this property borderline. I sincerely thank: you for your time & cons erati n, ~ andra Fischetti Email address:Relalinska@ao1.com RECEIVED SEP 1 8 2006 PLANNING & ZONING S'-repheti -t- /)c60rft}, AAYJoliv.v ~</. 1.51 JO{)6 frIo N. iJJ. {orA- Sr. ]).J fA Y J3--fA<vA FL..5 '3 '-/ YJ ({A;(l~ ~e. Fhl!J'e.1I1:-/l,toT I;),)" U( E: S lit s-h (ljfJ e S / (ke - ,=-x j srll1 j I S- /6 at. f' bn r cd- 13 fA) Mill /r fIJ~ G/1 ceAJ1. I , fJ t T<~?' tleliJin;- The.- f IftrU' i<>r 7h.- /1elU lJeJ ~"'f ~ /t1I1lU/11 u/lJt!.Y, Oil 71. e c: 0(/1 er of Co i5 rr;/)/.:J,J- LAKe Ic1d- / .p j eJ/ ~ d jeJre~ (,..f rOe_ (Jb M1tJ.rw:>- Tk P'Y();'/.e~ <1/ i11l f'ropo:scoL (7J/fhT/r;; . J2 hliv-e. jf--kl1M-- CJ~o hMIC J/ftl'J, P/~ / n <ftc 6flcJ<.-c'fr lhejr ~ < cTh, Mile At9d no 7ft 17- tv) pro SJe~ w.lrl.- pine. fJe.ed ~ J/<'Jv;{/ In /0 The ir J""r#, 0/777>, '77r-L ro ot a" J ii/II 'Y $ 4 -r]"e r r. 7he;y Of Yl:;. 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H RDEN, CITY MANAGER "V cuJ / THRU: PAfL ~OR lNG, I ECTOR OF PLANNING & ZONING FROM: ~R~NSON, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF NOVEMBER 7,2006 - REGULAR AGENDA APPROVE A REQUEST FROM ATLANTIC COFFEE & TEA FOR THE PURCHASE OF TWO (2) IN-LIEU PARKING SPACES TO: At the City Commission meeting of September 21,2004, Atlantic Coffee & Tea, located within the Atlantic Antique Mall at 504 East Atlantic Avenue, received approval to convert a total of 750 square feet of retail space to restaurant (coffee shop) with 590 sq. ft. on the first level and 160 square feet of associated seating on the second level. A Class III site plan modification has been submitted for the conversion of an additional 750 sq. ft. of existing retail space to coffee shop resulting in a total of 1,500 sq. ft. of coffee shop within the footprint of the existing structure. The proposal also includes the relocation of the existing 160 sq. ft. seating area on the second level down to the first level. Pursuant to Land Development Regulations (LOR) Section 4.4.13(G)(1), this conversion requires the provision of two (2) additional parking spaces, as illustrated below: USE REQUIREMENT TOTAL SQ. FT. FORMULA TOTAL Retail 1 oer 300 sa. ft. 750 750 / 300 2.5 Restaurant 6 per 1000 SQ. ft. 750 750 /1000 x 6 4.5 Total new soaces reauired 2.00 LOR Section 4.6.9(E)(3) states, "if it is impossible or inappropriate to provide the required on-site or off-street parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking." Due to site constraints, it is impossible to provide the required parking on-site. Consequently, the applicant is requesting to purchase two (2) in-lieu spaces at a cost of $15,600 per space. The total fee of $31,200 is to be paid in accordance with LOR Section 4.6.9(E)(3)(d) by entering into an In-Lieu of Parking Fee Agreement with the City. Comprehensive Plan Policy C-4.1 of the Future Land Element encourages rehabilitation and revitalization within the Central Business District through a number of incentives, one of which is the accommodation of parking needs through innovative actions. The in- lieu of parking fee program provides such an incentive and therefore is consistent with the Comprehensive Plan. Although the Downtown Cluster Study identifies a need to preserve retail in the downtown area this conversion of use will be facilitated through the relocation of booths C\.~ City Commission Staff Report Atlantic Coffee & Tea In-Lieu Request Page 2 and showcases (existing retail uses) within the structure, more efficiently utilizing the existing space, thus allowing for the expansion of the coffee shop, within the existing footprint of the building, without diminishing the amount of retail display area. Therefore, staff supports the proposed conversion of use. The Downtown Development Authority, at its meeting of October 16, 2006, unanimously recommended approval of the applicant's request. The Parking Management Advisory Board, at its meeting of October 24, 2006, unanimously recommended approval of the applicant's request. The Community Redevelopment Agency, at its meeting of October 26, 2006, unanimously recommended approval of the applicant's request. By motion, approve the request from Atlantic Coffee & Tea for the purchase of two (2) in-lieu parking spaces by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. Attachment: Floor Plan ~J 1111 ~~ mill ~P, : III : ',:Ii :i! I ",S 1I'.J ~..~"" .,. :il:; IIJ ~j.il ih ~ li;:~ ;~: l;l .~I!! IIi ... i':r~ ~JJ i -~!~. :d iif'rL O;!. .; ~iii, Ule: i I~ i~m! x:!II. ~il! . ! .' IN: OP!JOlj 'lpO;la .(OJraa anua^\I' :lquollV lSO] VOt; 03N91SSY 110 / ONY 'ONI Y31 , 33:1:100 0llNY11 Y ;r 1- c" "' I I, e I' I I . ! i~; H' I Il- l' .11 -f ~ I ~ ~~ Us i~ : a! : '.." ,., ,., .,' .,., ,., ." ,., ,., ..' ,., ,.' ,.' ,.' ,., ,.' '- - - - - - - n~ I -1--- I I I I I I --+-- I I I (0 f' LI\ il --Q7 '='1-~-__ 2 :: , , , , , , " 1 :\ I " : 11 'I. ~~--- i~ I asvo A......., 0NUlIll3 j!/j; :II!: 1"1: ,1. ;11: lthe ~ft ~~ ~!IE u.. Q, f I~ ,. '.1 r~ :oi ~ ~ Ii . ! !i . . .. ,,' . ,""",, ;,nIJD ri ~ _ "" -z ~:s ",,"- 0"" o f? ~ Li < '" "0 ~ ~ ,e:j uj ~ I' II -I~ I -4' >,i II@ ~~ I i i i . h_ ~nj ..,~ III --$- ~ z :s "- "" o o u: --$- -g N .... <~ ~i ~i N~ , I ! I I t' / ! ,,' .' r/rruu . : : , ' : ,/ --$- C> C'i <( ,I ~~t ~~~ Q~ . h~i EB 2 z :s "- "" o ~ ~ ~ "- o J: Vl ~i 8i IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR ATLANTIC COFFEE & TEA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on November 7,2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Atlantic Coffee & Tea. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LOR Section 4.6.9(E)(3), when additional parking is required for a change of use and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request meet the requirements of LOR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 1 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves _ denies _ the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this ih day of November, 2006, by a vote of in favor and opposed. ATTEST: Jeff Perlman, Mayor Chevelle Nubin, City Clerk 2 MEMORANDUM TO: David Harden, City Manager Lula Butler, Community Improvement Director Lb Elizabelh B. Alpert, C. D. Progrnm Administra~ October 30, 2006 FROM: THRU: DATE: SUBJECT: Interlocal Agreement between the City and CRA for the rehabilitation of 133 NW 5th Avenue for the purpose of creating 10 affordable rental units ITEM BEFORE THE COMMISSION: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the rehabilitation of 133 NW 5th Avenue. The purpose of this project is to create 9 rental units as well as 1 utility room under the Hurricane Housing Recovery Program (HHRP). Funding for this project will be provided through HHRP, account number 118-1932-554-83.06. BACKGROUND: The Hurricane Housing Recovery Program was created for the purpose of providing funds to assist those areas of the state with the greatest housing damage from the hurricane. The Florida Legislature appropriated one-time hurricane housing recovery funds which are available through the HHR Program and administered by the Florida Housing Finance Corporation (FHFC).Staffhas collaborated with the Community Redevelopment Agency and the Delray Beach Housing Authority to develop strategies and to leverage dollars and resources to identify projects that will best serve the housing needs of the very low-, low- and moderate-income households in the City of Del ray Beach. This request is to consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the rehabilitation of 133 NW 5th Avenue, thereby creating 9 rental units as well as 1 utility room. The CRA is required to comply the terms of the Hurricane Housing Assistance Plan's (HHAP) rules and regulations and the City shall be responsible for income-verification of applicants. RECOMMENDATION Staff recommends approval of the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the rehabilitation of 133 NW 5th Avenue. Funding for this project will be provided through the Hurricane Housing Recovery Program (HHRP), account number 118-1932-554-83.06. ~ttI( q.D INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH AND THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE CONSTRUCTIONI REHABILITATION OF 133 N.W. 5TH A VENUE BY THE CITY THIS AGREEMENT is made this day of _, 2006, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CRA will be repairing and rehabilitating 133 N.W. 5th Avenue; and WHEREAS, the City will provide funding through the Hurricane Housing Recovery (HHR) Program, Hurricane Housing Assistance Plan (HHAP) by the use of its hurricane housing recovery dollars for this project in the amount listed below. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: I. Recitations: The recitations set forth above are hereby incorporated herein. 2. Duties and ResDonsibilities: a. The City of Delray Beach: I) The City shall provide funding to the CRA in the amount of Five Hundred Thousand Dollars ($500,000.00) to be used by the CRA in the repair and rehabilitation of an existing ten (10) unit apartment building at 133 N.W. 5th Avenue, Delray Beach, FL 33444 as per its approved plans. Such payment shall be made to the CRA within 30 days of the execution of this Agreement. 2) The City shall be responsible for bidding out the repaIr and rehabilitation work to a licensed contractor pursuant to City ordinances and state statutes. 3) The City shall also be responsible for verifying income for each applicant in accordance with the HHAP rules and providing the required documentation to the City. b. The Community Redevelopment Agency: 1) The CRA shall be required to comply with all of the HHAP rules and regulations which include, but are not limited to, the rules pertaining to the Rental Housing Development Program. 2) The CRA shall be responsible for dispersing funds to the contractor for all repair and rehabilitation work completed. 3) The CRA shall be responsible for overseemg the repaIr and rehabilitation of 133 N.W. 5th Avenue, Delray Beach, FL 33444 to its completion. 4) In the event that the CRA expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the CRA must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, and comply with the provisions set forth in Sections 215.97(7) and (8), Florida Statutes. 3. Term: The term of this Agreement shall commence upon execution by both parties and shall continue until the repairs and rehabilitation have been completed on 133 N.W. 5th Avenue as provide by the City approved plans. 4. Filin2: This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 2 5. Entire A!!reement: No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 6. Severability: The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 7. Governin!! Laws: Venue: This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 8. Assi!!nabilitv: Neither the City nor the CRA shall assign or transfer any rights or interest in this Agreement. 9. Validity of A!!reement: This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Approved as to Form: City Attorney Jeff Perlman, Mayor 3 ATTEST: COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Print Name: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 2006, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She IS personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 4 -- -f----- _ ~ -- - _ _f------- _ - - II ~ij~~IIIII~~=~~ s:rE MARTIN LUTHER KING JR. Ilil~ I ~ --L- _ -----I ~ __ - 111m ~m=~- --' FIRE - ~= == :== STATION - .3 0 ~ I AMocol _ NO.1 -- L= I I II III i I i------ I w > <( - TF - - -- -- Il.~ - - --"- ~. 2ND ST. I------ - f------ I------ - f---- - f------ ~ ~ == I COMM.~I.~ I CHILD I CARE f"-......-- C~~TER r ~ ==b I~ -- -- f-- I D A R 0 A D I-- '-- - ~ ~ ~ ~ ~ ~ ~ L A K E -~ _~I -~ CASON METHODIST CHURCH -- -- -- -- ~--w <(--> --<( -- -- -- - ~ w > <( w > <( ~ - w- ::::>- - z- w- - >- <(- - - - f-- := f-- f-- f------- =r I 3RD I 11_J1 - f------- f----- f----- ST. - I. . w > _W <( > -<( - - - - CITY f--- ATTORNEY I--- BUILDING n- -- DRIVE I- 0 ~ Z N - z o - I- - Z - '-- - - I - - -- -- :;:: z CITY HALL 3:- (/) - ST. ~S.I2I. ;:.: - - COMMUNITY CEN TER TENNIS STADIUM DllJ '-- Wll~ - :r: l- v AVENUE ~[JJ]~ 1 o I 1iS tti [ ATLANTIC I III IIII ~ I w I w > > <( <( f------- ~:r: :r: I- If) I lD_ - I - :;:: :;:: ;:.:- - I III vi- vi N - CITY OF DELRA Y BEACH, FL PLANNING ole ZONING DEPARTt.tENT -- DIGITAL BASE MAP SYSTEM -- SOU TH COUNTY COURT HOUSE POLICE COMPLEX - :;:: vi :;:: vi :;:: vi 133 N.W. 5TH AVENUE MAP REF: LM196 Palm Beach County Property Appraiser Property Search System Page 1 of 1 Location Address: 133 NW 5TH AVE Municipality: DELRAY BEACH Parcel Control Number: 12-43-46-17-05-000-0040 Subdivision: DELRAY BCH REPL BLK 27 IN Official Records Book: 20530 Page: 1033 Sale Date: Jun-2006 Leaal DescriDtion: REPL OF PT OF BLK 27, DELRAY BEACH LTS 4 & 5 Owner Information Name: DELRAY BEACH COMMUNITY IkJik,=,AII"awnel'ailitw.,,' Mailing Address: 20 N SWINTON AVE DELRAY BEACH FL 33444 2632 Sales Information Sales Date Book/Page Price Sale TVDe Owner Jun-2006 20530/1033 $0 ORDER OF TAKING DElRAY BEACH COMMUNITY Oct-1994 08475/0599 $220,000 WARRANTY DEED Feb-1989 06000/1209 $100 QUIT CLAIM [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2006 Number of Units: 10 *Total Square Feet: 0 Acres: 0.31 Use Code: 0300 Description: MULTIFAMILY * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2006 2005 2004 Assessed Value: $277 85 ~314.025 S310,139 biiii~@~i~ Exemption Amou nt: ~ ~ll SO Taxable Value: S277,85 ~314 025 S310.139 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: '~h&aI~.".lll Ihii;!il~d;;~i"""iJ"tl Tax Collector WebSite ~I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer Home I Links I Glossary I E8Q I Forms I Contact Us I PAPA @ 2004 Palm Beach County Property Appraiser. http:/ /www.co.pa1m-beach.fl.us/papa/aspx!web/detail_info.aspx?p _ entity= 1243461705000... 11/2/2006 Agenda Item No.: ~ AGENDA REQUEST Request to be placed on: Date: October 31, 2006 ----X-Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda When: November 7,2006 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the rehabilitation of 133 NW 5th Avenue. The purpose of this project is to create 9 rental units as well as 1 utility room under the Hurricane Housing Recovery Program (HHRP). Funding for this project will be provided through HHRP, account number 118-1932-554-83.06. RECOMMENDATION Staff recommends approval of the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the rehabilitation of 133 NW 5th Avenue. Funding for this project will be provided through the Hurricane Housing Recovery Program (HHRP), account number 118-1932-554-83.06. HHRP Total: $ 500,000.00 ~. Ac unt Numb~r: .~~~932-554-83.06 Department Head Signature: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): City Manager Review: Approved for Agenda: Hold Until: Funding Available: @smo [,Cl. Funding Alternatives: Account No. & Description: r I' Z- Account Balance: 1t;;60. OC{) , ~o if aEPlicabl~)/ . -- ()/ 177A /Y; ('~I-Io2{SLr\ ?if 05/6fp J I' L e {ov-(;r-'! Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS f(tITY MANAGER AGENDA ITEM # q. [ - REGULAR MEETING OF NOVEMBER 7. 2006 FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) TO: FROM: DATE: NOBEMBER 3, 2006 This is before the City Commission to consider approval of a project agreement between the City and Florida Inland Navigation District (F.I.N.D.) for a grant in the amount of $688,420.00 for the Delray Intracoastal Park (MSA 650) Project. We are still awaiting a response from Florida Inland Navigation District (F.I.N.D.) to make the time period of the agreement coincide with the lease agreement expiration date of March 2030 but do not foresee a problem with this request. Recommend approval of a project agreement between the City and Florida Inland Navigation District (F.I.N.D.) for a grant in the amount of $688,420.00 for the Delray Intracoastal Park (MSA 650) Project. S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\CM FIND Agmt 11.07.06.doc g.t ~~ [ITY DF DElRAY BEA[H DELRAY BEACH ~ All-America City " III! 100 NW 151 AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 MEMORANDUM 1993 2001 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Grant from F.I.N.D. for Intracoastal Park DATE: October 30, 2006 Attached please find two original project agreements for a grant from Florida Inland Navigation District in the amount of $688,420 for the Intracoastal Park. Brian Shutt has reviewed this document and found it to be legally sufficient. These two original agreements need to be signed and returned to F.I.N.D. for final execution. Please place this on the agenda for November 7, 2006 City Commission consideration. "" r\ (\ ~ Parks and Recreation Attachment cc: Lanelda Gaskins, Agenda Coordinator Ref:findgrant * Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS Page 1 of 1 Weldon, Joseph From: Shutt, Brian Sent: Friday, October 20,20063:13 PM To: Weldon, Joseph Cc: Ruby, Susan Subject: Review of FIND agreement on Delray Intracoastal Park Joe, the only comments that I have on this agreement concern Paragraph 2 - can we complete the work and submit all of the reimbursement info prior to Sept. 1, 2008 and Par. 16 where we provide that the park will be dedicated for public use for a ~ear period after the work is completed, it is my understanding that our lease agreement expires with FIND in March 2030, so we cannot provide for the 25 years. It would seem they may want to make this time periodtoincide with the expiration of the lease agreement. These are my only comments. tf1~ ~ R. Brian Shutt CO Assistant City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 (561 )243-7091 Fax (561 )278-4755 shutt@ci.de/fav-beach.fl.us 10/30/2006 COMMISSIONERS CHARLES A. PAOERA CHAIR ST. JOHNS COUNTY MICHAEL D. MESIANO VICE-CHAIR DUVAL COUNTY BRUCE D. BARKETT SECRETARY INDIAN RIVER COUNTY SUSAN M. ENGLE TREASURER BROWARD COUNTY GRAYCE K. BARCK VOLUSIA COUNTY JOHN D. BOOTH PALM BEACH COUNTY S. NORMAN BRAY NASSAU COUNTY GAIL A. BYRD MARTIN COUNTY CHARLES R. FAULKNER FLAGLER COUNTY GEORGE L. KAVANAGH S1. LUCIE COUNTY JERRY H. SANSOM BREVARD COUNTY CATHLEEN C. VOGEL MIAMI-DADE COUNTY DAVID K. ROACH EXECUTIVE DIRECTOR MARK T. CROSLEY ASSISTANT EXECUTIVE DIRECTOR FLORIDA INLAND NAVIGATION DISTRICT October 13, 2006 Mr. Joe Weldon Director Parks & Recreation Dept. City of Delray Beach 50 NW 1st Avenue Delray Beach, FL 33444 RE: Delray Intracoastal Park (MSA 650) Project # PB-DB-06-117 Dear Mr. Weldon: Enclosed, for signature, are two original project agreements for your approved Waterways Assistance Program project for fiscal year 2006- 2007. Once they have been executed, please return both originals to me for execution by the District. When returning the agreements, also include an executed Exhibit C. Matchina Funds Form. DO NOT SEPARATE THE ATTACHMENTS FROM THE AGREEMENT. Incomplete agreements will not be executed. I will return one fully executed complete original agreement to you for your files. Please be sure to refer to the listed project number in all future correspondence and communication regarding this project. Should you have any questions please contact me. RECEIVED OCT 1 62.006 ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9498 TELEPHONE 561-627-3386 FAX No. 561-624-6480 www.aicw.org FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB-DB-06-117 This PROJECT AGREEMENT made and entered into this day of , 20_ by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Delrav Beach. (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Delray Intracoastal Park (MSA 650). Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2008, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from October 1, 2006. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30,2009, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2008. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than fifty percent (50%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $688.420.00. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception of pre-agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit A: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years afterthe end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, IS hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON- COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 17. ACKNOWLEDGMENT -For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other type projects, the SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staffs recommendations. 18. PROJECT MAINTENANCE - When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time, 21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent ofthe DISTRICT. 22. WAIVERS - Waiver ofa breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: City of Delray Beach Attention: Director, Parks & Recreation Dept. 50 NW 1 st Avenue Delray Beach, FL 33444 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. IN WIlNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: Director DATE: WIlNESSES: PROJECT SPONSOR By: Title: DATE: EXHIBIT B FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMA.TE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: Dekay Intracoastal Park APPLICANT: City of Delray Beach Project Elements Quantity Estimated Applicant's Cost FIND Cost (Please list the MAJOR project elements and Cost provide a general cost break out for each one. (Number and/or Footage) For Phase I Projects, please list the major elements and products expected) Seawall Repair allowance $ 25,400 $ 39,600 Boat Ramps 2 - 0- $185,000 Restroom building 410 SF. $ 85,000 -0- Roadway and Paving 68,421 SF $175,000 -0- Day dock 5'x55' -0- 20,000 Site lighting -0- 46,000 Utilities -0- 70,000 Drainage system -O- 110,000 Roadway and paving 175,000 -0- South property line wall 750 linear ft. 135,000 -0- Retaining wall -0- 36,000 Mitigation 93,020 181,820 **TOT ALS 11 $ $ 688,420 $ 688,420 Form No. 90-25 (New 10/14/92, Revised___ Agenda - 10 - EXHIBIT A CHAPTER 66B-2 - WATERWAYS ASSISTANCE PROGRAM (2006) 66B-2.001 66B-2.002 66B-2,003 66B-2.004 66B-2.005 66B-2.006 66B-2.0061 66B-2.007 66B-2.008 66B-2.009 66B-2.010 66B-2.011 66B-2.012 66B-2.013 66B-2.014 66B-2.015 Purpose. Forms. Definitions, Policy. Funds Allocation. Application Process. Disaster Relief Applications. Application Form. (Repealed) Project Eligibility. Project Administration. Project Agreement. (Repealed) Reimbursement. Accountabili ty. Acknowledgement. Small-Scale Spoil Island Restoration and Enhancement Projects. Small-Scale Derelict Vessel Removal Projects. 66B-2.001 - Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use ofthese waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New 12-17-90, Formerly 16T-2.001. 66B-2.002 - Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.002. 66B-2.003 - Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. . EXHIBIT A (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (13) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami-Dade Counties. (14) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (15) "PRE-AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (16) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (17) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (18) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (19) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (20) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance ofthe Project and compliance with the project agreement. (21) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (22) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (23) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party EXHIBIT A operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination. (24) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a fIrst come, fIrst served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (25) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (26) "W ATERW A YS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut-Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (27) "WATER WAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the. waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2. 003, Amended 5-17-98, 3-21-01, 3-20- 03,3-3-04, 4-21-05, 4-24-06. 66B-2.004 - Policy. The following constitutes the policy of the District regarding the administration of the program: (I) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided fInancial assistance, support or cooperation in planning, acquisition, development,. construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (c) Navigation related districts may be provided with fInancial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the EXHIBIT A Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d) Eligible projects shall include public boat ramps and launching facilities, land acquisition for additional trailer parking at an existing boat ramp, and public boat docking and mooring facilities in man-made, navigable waterways contiguous to "waterways" as defmed in Rule 66B-2.003, F.A.C. (2) Notification: The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governinents shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Project Approval: 4pproval of projects by the District shall be in accordance with these rules. . (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, rdigion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must. be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes, Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. EXHIBIT A (7) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public, (8) Third-Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member ofthe eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (9) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. Specific Authority 374.976(2) FS Law Implemented 374.976(1), (2) FS History-New 12-17-90, Amended2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98,3-31-99,5-25- 00.3-21-01, 7-30-02,3-3-04,4-21-05. . 66B-2.005 - Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (a thru f) Waterways Assistance Program Application Evaluation and Rating Worksheet (effective date 4-24-06); and 93-25 and 93-25 (a, b and c) Waterways Assistance Program Navigation Districts Application Evaluation and Rating Worksheet (effective date 4-24-06), hereby incorporated by reference and available from the District office, (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(7), F.A.C., and small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-2.013, F.A.C. Applicant's in- house costs are limited pursuant to paragraph 66B-2.008(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50%) of the local share of the cost of an inlet management or EXHIBIT A beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. (3) Pre-agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution ofthe project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre-agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be approved ifthey are consistent with the provisions of Rule 66B-1.008, F.A.C., and occur within the fiscal year of the grant application submission (October 1st to September 30th). Pre-agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (112) or less of the approved pre-agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. (4) Multi-Year Funding: The construction phase ofprojects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application reVIew process. (5) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not-exceed an amount equal to (i) the proportional share of the District's .ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (6) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to EXHIBIT A Section 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is'not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (7) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must provide public access to public launching, mooring or docking facilities. In addition, the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging proj ect, (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. All other public navigation projects or project elements will only qualify for up to fifty percent (50%) program funding. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History-New 12-17-90, Amended 6-24-93,9-5-96,2-6-97, Formerly 16T-2.005, Amended 5-17-98,8-26- 99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06. 66B-2.006 - Application Process.' (1) Application Period: Applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and 93- 22a, Project Information - Navigation Related Districts (effective date 4-24-06) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small-Scale Spoil Island Restoration and Enhancement program, and the Small-Scale Derelict Vessel program, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4-24-06), hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program from navigation related districts shall be EXHIBIT A made on FIND Form Number 93-22 (effective date 4-24-06), hereby incorporated by reference and available from the District office, and shall include a detailed cost estimate submitted on FIND Form No. 90-25. (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Application Review: Applications will be reviewed by the local FIND Commissioner before being submitted to the District office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02) and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted information must be completely filled out, exec.uted as applicable, and also establish compliance with Chapter 66B-2, F.A,C. (6) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeecho1;Jee Waterway channel as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have multiple . funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163, F.S., or Section 374.984(6)(a), F.S. District staffwill identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre-agreement expenses, permitting and property control requirements. (7) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request, (8) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application Evaluation and Rating Worksheets No. 91-25(a thru f) for Waterways EXHIBIT A Assistance Program applications, and 93-25 (a, b and c) Waterways Assistance Program Navigation Related Districts applications. The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score ofless than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. (9) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2) FS. Lawlmplemented 374.976(1) FS. History - New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006, Amended 5-25-00, 3- 21-01, 7-30-02,3-20-03,4-21-05,4-24-06. 66B-2.0061 - Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS.. History - New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061, Amended 4-24-06. 66B-2.008 - Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry <?ut public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types ofprojects for public use on land and water. These project types will be arranged into a priority list each year by vote ofthe Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging; 2. Public navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilization; 5. Public spoil disposal site development; 6. Waterway signs and buoys for safety, regulation or information; 7. Public boat ramps and launching facilities and land acquisition for additional trailer parking at an existing boat ramp; 8. Public boat docking and mooring facilities; EXHIBIT A 9. Derelict Vessel Removal; 10. Waterways related environmental education programs and facilities; 11. Public fishing and viewing piers; 12. Public waterfront boardwalks; 13. Waterways boating safety programs and equipment; 14. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and 15. Other waterway related projects. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition that is not for additional trailer parking at an existing boat ramp, irrigation equipment, ball-courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat; 2. Restrooms for non-waterway users; 3. Roadways providing access to non-waterway users; 4. Parking areas for non-waterway users; 5. Utilities for non-waterway related facilities; 6. Lighting for non-waterway related facilities; 7. Maintenance equipment; 8. Picnic shelters and furniture; 9. Vehicles to transport vessels; 10. Operational items such as fuel, oil, etc.; 11. Office space that is not incidental and necessary to the operation of the main eligible public buildi1).g; and 12. Conceptual project planning, including: public surveys, opinion polls, public meetings, and organizational conferences. ( c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The foll9wing project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph 1. above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine law enforcement and other vessels are eligible for a maximum of $30,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. EXHIBIT A (d) Phasing of Projects: Applications for eligible waterway projects will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work shall be submitted along with the Phase I application for Board review. Applicants for construction projects that include elements that require state or federal environmental permits will demonstrate that all required environmental permitting will be completed by the District's final TRIM hearing. This demonstration will be by the submission of the required environmental permit(s) or by the submission of a letter from the agency(s) stating that a permit is not required. Should the environmental permitting element of an application that has construction elements that require state or federal environmental permits not be completed by the District's final TRIM hearing, the construction portion of the project will not be considered for funding. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any application deficiency. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if: (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws and regulations in the development ofthe project, (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Program funds to public marina projects shall not be utilized for maintenance of the facilities if revenues generated by the facility are not exclusively allocated to the operation, maintenance and improvement of the public marina facility. EXHIBIT A (5) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) - (3) FS. History-New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97,'Formerly 16T-2.008, Amended 5-17-98,3-31-99,5-25-00,3-21-01, 7-30-02,3-20-03,3-3-04. 66B-2.009 - Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration ofthe project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement, prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule, Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decisionshall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved py the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District , commissioner's concurrence. A minor project amendment shall not change the approved project's category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report, 11 dated 7-30-02, hereby incorporated by reference and available at the District office. EXHIBIT A (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 66B-2,OII, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension oftime granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. . (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph( s) showing the installation of the sign required by Rule 66B- 2.013, F.A.C. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Specific Authority 374.976(2) FS. Law Implemented 374.976(/) FS. History-New /2-17-90, Formerly /6T-2.009, Amended 3-2/-0/, 7-30-02. 66B-2.011 - Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a .reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02), hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (a) the percentage total of project funding that the Board has agreed to fund, or (b) the maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant EXHIBIT A for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until [mal certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. Specific Authority 374.976(2) FS Law Implemented 374.976(1) FS History-New 12-17-90, Amended 6-24-93, Formerly 16T-2.01 1, Amended 3-31-99, 7-30-02. 66B-2.012 - Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 66B-2.009(8), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion ofthe project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2) FS Law Implemented 374.976(1) FS History-New 12-17-90, Formerly 16T-2.012, Amended 7-30-02. 66B-2.013 - Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project which indicates the District's participation in EXHIBIT A the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication, If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New 12-17-90, Formerly 16T-2.013. 66B-2.014 - Small-Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure - A Request for Proposals procedure will be.used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals - Small-Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in-kind contribution pursuant to paragraph 66B-2.014(4)(b), F.A.C. (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding. (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern . the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. (5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District office. EXHIBIT A Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 7-30-02, Amended 4-24-06. 66B-:-2.015 - Small-Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure - Applications shall be submitted on a completed FIND Form No. 05-01 (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted' to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have an outstanding bid for removal for such vessels, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not-for- profit organization. (4) District funding shall be limited to $10,000.00 per county, per year, provided on a reimbursement basis only. (5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost-share contribution exceed 50% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in, or immediately adjacent to, the Atlantic Intracoastal Waterway. (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of funding for this program. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 4-24-06. EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of .October 01, 200_, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 200 . * Project Liaison Name: Project Liaison Signature: Date: *S. 837,06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. .775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT NO.: PROJECT SPONSOR: BILLING NO.: Amount of Assistance All Funds Previously Requested .Balance Available Jr = Funds Requested Less Retainage (-10% unless final) Check Amount Jr = Balance Available Less Check Amount Balance Remaining Jr = SCHEDULE OF EXPENDITURES Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") Check No. Total Vendor Name and Date Cost Applicant Cost FIND - Form No. 90-14 Effective Date 7-30-02) (NOTE: Signature Required on Page 2) FIND Cost FIND - Form No. 90-14 . Page Two EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit liB") Check No. Total Vendor Name and Date Cost Applicant Cost FIND Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the Project Agreement. * Project Liaison Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S, FIND - Forrn No. 90-14 Effective Date 7-30-02) EXHIBIT E FLORIDA INLAND NA VIGATION DISTRICT ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated , 20 , and that all funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s, 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct I-DEC 15_; Dee 15-Mar 1_ ; Mar I-June 15_ ; June 15-Sep 1_ Report Due: (Dec 30) (March 15) (June 30) (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) EXHIBIT G W A TERW A YS ASSISTANCE PROJECT SCHEDULE OCTOBER 2006 - Project Agreement Executed, Project Initiates. DECEMBER 30, 2006 - First Quarterly Report Due. MARCH 15, 2007- Second Quarterly Report Due. JUNE 30, 2007 - Third Quarterly Report Due. SEPTEMB~R 15,2007 - Fourth Quarterly Report Due. DECEMBER 30, 2007 - Fifth Quarterly Report Due. MARCH 15, 2008 - Sixth Quarterly Report Due. JUNE 30, 2008 - Seventh Quarterly Report Due. . NOTE: lfproject will notbe completed and all closeout paperwork submitted by September rt, a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 1, 2008 - Closeout paperwork due. By September 30, 2008 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. The appropriate timingfor modifications to the project cost estimate, Exhibit B, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in . Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of the project agreement. EXHIBIT A CHAPTER 66B-2 - W A TERW AYS ASSISTANCE PROGRAM (2006) 668-2.001 66B-2.002 66B-2.003 668-2.004 668-2.005 66B-2.006 668-2.0061 668-2.007 66B-2.008 66B-2.009 668-2.010 66B-2.011 668-2.012 66B-2.013 66B-2.014 66B-2.015 Purpose. Forms, Definitions. Policy. Funds Allocation. Application Process. Disaster Relief Applications. Application Form. (Repealed) Project Eligibility. Project Administration. Project Agreement. (Repealed) Reimbursement. Accountability . Acknowledgement. Small-Scale Spoil Island Restoration and Enhancement Projects. Small-Scale Derelict Vessel Removal Projects. . 66B-2.001 - Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth th~ District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90. Formerly 16T-2.001. 66B-2.002 - Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History-New 12-17-90, Formerly 16T-2.002. 66B-2.003 - Definitions. The basic terms utilized in this rule are defmed as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. EXHIBIT H FlORliDA NAVIGATION INLAND. 'DI STRICT Date: Oct. 27, 2006 AGENDA ITEM NUMBER: 4. ~ AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: November 7, 2006 Description of Agenda Item (who, what, where, how much): Request approval of and signature on tw~ project agreements for a grant from Florida Inland Navigation District in the amount of $688,420 for the Intracoastal Park. City Attorney Review u~ Department Head Signature: commendation (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: ct;;J No Initials: Hold U nti1: Agenda Coordinator Review: Received: -- ~d MEMORANDUM To: David T. Harden, City Manager Fro~ Thru: Rebecca S. O'Connor, Treasurer Joseph M. saffactor of Finance Subject: Proposed $2,350,000 Water and Sewer Bonds Date: November 1, 2006 Backaround On October 17, 2006, the Finance Department received bids for a proposed $2,350,000 Water and Sewer Series 2006B Bonds ("Series 2006B Bonds"). The Series 2006B Bonds will provide tax exempt financing to fund the City's share of the phased expansion of the South Central Regional Central Wastewater Facility Reclaimed Water Treatment Facility; and (ii) pay the costs of issuance of the Series 2006B Bonds. Terms The term of the Series 2006B Bonds will be approximately 15 years. The City will pay interest on the Series 2006 Bonds on April 1, 2007 and October 1, 2007 and then semi-annually on every April 1 and October 1 thereafter. Principal will be paid annually cornmencing on October 1, 2007 and ending on October 1, 2021. Bid Responses The City received responses from Bank of America, Branch Banking and Trust (BB&T), Fifth Third Bank, Regions Bank, SunTrust, and Wachovia. The following is a tabulation of the bids. Financial Institution Bank of America Branch Banking & Trust Fifth Third Bank Rate With Penalty Lanauaae 4.10% 4.03% Rate Without Penalty Lanauaae Miscellaneous Fees 4,500 3,700 1,500 nla 4.17 Regions Bank 4.70% with rate reset after 6th and 11th year 4.02% 3.98% 4.03% 4.90% with rate reset after 8th and 15th year 4.33% 10 yr no call; no oenalNafter10thyear 4.16% 4.33% 5 year no call; no penalty after 5th vear No fees SunTrust Bank Wachovia 2,500 2,500 Recommendation We recommend the offer submitted by SunTrust Bank, the lowest bidder. Attached is a draft Resolution No. 66-06 provided by Steve Sanford of Greenberg Traurig, the City's Bond Counsel, which authorizes the issuance of Water and Sewer Bonds in the aggregate amount of $2,350,000 and authorizes the sale of such bonds to SunTrust Bank at a rate of 3.98% for a terrn of 15 years. File: rfp/commiss06Bwsres.doc q,~ RESOLUTION NO. R-66-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39- 88, AS AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING A TENTH SERIES OF WATER AND SEWER REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE BONDS, SERIES 2006B (THE "BONDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,350,000 FOR THE PURPOSE OF FINANCING CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; AUTHORIZING THE NEGOTIATED SALE OF SAID BOND AND APPROVING THE FORM, AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS TO SUNTRUST BANK; INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED; DESIGNATING THE BONDS AS "QUALIFIED TAX- EXEMPT OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, a municipal corporation of the State of Florida (the "City"), presently owns and operates its own potable water and sanitary sewer system (herein, the "Combined Public Utility"); and WHEREAS, the City Commission of the City of Delray Beach, Florida (the "Commission"), did, on June 12, 1984, adopt Resolution No. 45-84, which was amended and supplemented on June 26, 1984, and October 10, 1984, authorizing the issuance of its Water and Sewer Revenue Bonds, Series 1984 (the "1984 Bonds"); and WPB-FS I \594354v08\OI6787.011800 Res. No. R-66-06 WHEREAS, the Commission did, on June 28, 1988, adopt Resolution No. 36-88, which was amended, supplemented and restated by Resolution No. 39-88, adopted on July 12, 1988, as further amended and supplemented (collectively, the "1988 Resolution"), authorizing the issuance of the City's Water and Sewer Refunding Revenue Bonds, Series 1988 (the "1988 Bonds"), to refund the City's 1984 Bonds; and WHEREAS, the City did, on September 15, 1988, issue its 1988 Bonds in the aggregate principal amount of $25,135,000; and WHEREAS, the 1988 Resolution authorizes in Section 4.G of Article III thereof, of Part I, the issuance of water and sewer revenue bonds payable on a parity with the 1988 Bonds issued pursuant to the 1988 Resolution, on the terms and conditions therein contained; and WHEREAS, the Commission did, on April 24, 1990, adopt Resolution No. 46-90, as amended and supplemented, which authorized the issuance of $8,000,000 Water and Sewer Revenue Bonds, Series 1991 A (the "1991 A Bonds") of the City for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the Commission did, on October 23, 1990, adopt Resolution No. 104-90, as amended and supplemented, which authorized the issuance of not exceeding $50,000,000 Water and Sewer Revenue Bonds, Series 1991 B (the "1991 B Bonds") of the City for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the City did, on April 30, 1991, issue its 1991 A Bonds and 1991 B Bonds in the aggregate principal amounts of $8,000,000 and $14,585,000, respectively; and WPB-FS 1\594354V08\016787.011800 2 Res. No. R-66-06 WHEREAS, the Commission did, on June 8, 1993, adopt Resolution No. 50-93, which authorized the issuance of not exceeding $30,000,000 Water and Sewer Refunding Revenue Bonds, Series 1993 A (the "1993 A Bonds") for the purpose of paying and refunding a portion of the 1988 Bonds and the 1991 A Bonds; and WHEREAS, the Commission did, on June 8, 1993, adopt Resolution No. 51-93, which authorized the issuance of not exceeding $10,000,000 Water and Sewer Revenue Bonds, Series 1993 B (the "1993 B Bonds") for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the City did, on June 29, 1993, issue its 1993 A Bonds and 1993 B Bonds in the aggregate principal amounts of$21,238,997.35 and $6,865,477.25, respectively; and WHEREAS, the Commission did, on August 19, 1997, adopt Resolution No. 58-97, as amended and supplemented, authorizing the issuance of its Water and Sewer Revenue Refunding Bonds, Series 1997 A (the "1997 Bonds"), in the aggregate principal amount of not exceeding $17,000,000 to advance refund the outstanding 1991 B Bonds; and WHEREAS, the City did on November 18, 1997, issue its 1997 Bonds in the aggregate principal amount of $15,030,000; and WHEREAS, the Commission did, on June 8, 1999, adopt Resolution No. 33-99, I authorizing the issuance of not to exceed $3,500,000 in principal amount of Water and Sewer Bonds, Subordinate Series 1999 (the "1999 Bonds"); and WHEREAS, the City did, on June 11, 1999, issue its 1999 Bonds in the aggregate principal amount of $3,500,000; and WPB-FSl\594354v08\016787.011800 3 Res. No. R-66-06 WHEREAS the Commission did on June 17, 2003, adopt Resolution No. 34-03 and Resolution No. 34-05, authorizing the issuance of not to exceed $13,500,000 in principal amount of Water and Sewer Revenue Refunding Bonds, Series 2003 (the "2003 Bonds") to pay and defease all or a portion of the 1993 A Bonds, the 1993 B Bonds and the 1999 Bonds; and WHEREAS, the City did, on July 9, 2003, issue its 2003 Bonds in the aggregate principal amount of$11,670,000; and WHEREAS, the Commission did on May 16, 2006, adopt Resolution No, 25-06, authorizing the issuance of $7,000,000 in principal amount of Water and Sewer Revenue Bonds, Series 2006 (the "2006 Bonds") for the purpose of financing certain additions, extensions and improvements to the Combined Public Utility; and WHEREAS, the City did, on May 25, 2006, issue its 2006 Bonds in the aggregate principal amount of $7,000,000; and WHEREAS, on the date hereof there remains Outstanding the 1997 Bonds, the 1993 B Bonds, the 2003 Bonds and the 2006 Bonds (collectively, the "Prior Bonds"). WHEREAS, any capitalized terms used in this Resolution and not otherwise defined, shall have the meaning ascribed to such term in the 1988 Resolution; and WHEREAS, the Commission hereby deems it necessary for the City to issue a tenth series of Water and Sewer Revenue Bonds, pursuant to the terms and provisions of the 1988 Resolution and this Resolution to finance all or a portion of the 2006B Project (as herein defined) which Water and Sewer Revenue Bonds shall be designated "City of Delray Beach, Florida, Water and Sewer Revenue Bonds, Series 2006B" (herein, the "Bonds") and such Bonds shall be WPB.FS 1\594354v08\01 6787.01 1800 4 Res, No. R-66-06 issued in the aggregate principal amount of TWO MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($2,350,000); and WHEREAS, except for any Bond Insurance and/or Reserve Account Credit Facility Substitutes applicable to the Prior Bonds, the Bonds shall be on parity with the Prior Bonds as to lien on, and source and security for payment from, the Net Revenues derived from the operation of the Combined Public Utility and in all other respects, except as provided herein or in the Bonds; and WHEREAS, the City staff has previously solicited bids from lending institutions to provide, through the purchase of the Bonds, financing for the 2006B Project; and WHEREAS, City staff has determined and the City Commission hereby concurs that SunTrust Bank, a banking corporation organized under the laws of the State of Georgia (herein, the "Bank") has provided the best overall bid to the City; and WHEREAS, the City Commission hereby finds that III light of present market conditions, the aforementioned bid provided by the Bank, the necessity for the funds in calendar year 2006, and other factors described herein, it would be in the best interest of the City to sell the Bonds to the Bank on a negotiated basis pursuant to the terms and provisions of the 1988 Resolution, this Resolution and that certain Bond Purchase Agreement dated the date of delivery of the Bonds (herein, the "Agreement") by and between the City and the Bank in substantially the form attached hereto as Exhibit A; and WHEREAS, the City does not expect to issue more than $10,000,000 of its tax-exempt obligations in calendar year 2006, and based upon the advice of its Bond Counsel, the City WPB-FS 1 \594354.08\016787.011800 5 Res. No. R-66-06 Commission shall designate the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b) of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: SECTION 1: AUTHORITY OF THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the 1988 Resolution, the City Charter of the City, as amended and supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented, and other applicable provisions oflaw. SECTION 2: FINDINGS. It is hereby ascertained, determined and declared: A. That all terms not otherwise defined in the recitals set forth above, in this Section 2 or in Section 3 hereof shall have the meaning ascribed to such terms in Part I, Section 2 of Article I of the 1988 Resolution. B. That the City now owns, operates and maintains a combined water system and sewer system for the supply and distribution of water to the inhabitants and customers of the City and for the collection, treatment and disposal of sewage in said City (the "Combined Public Utility") and owns a one-half (1/2) undivided interest in a treatment and disposal system operated by the South Central Regional Wastewater Treatment and Disposal Board; and that the City derives revenues from the operation of said Combined Public Utility. C. That the revenues of the Combined Public Utility are not pledged or encumbered in any manner, except for the Outstanding Prior Bonds issued pursuant to the 1988 Resolution. WPB.FSI\594354v08\OI6787.011800 6 Res. No. R-66-06 D. That the 1988 Resolution in Section 4.G of Article III of Part I provides for the issuance of pari passu additional bonds, under the terms, conditions and limitations provided therein. E. That the City is authorized to issue the Bonds as pari passu additional bonds within the terms, conditions and limitations provided in Section 4.G of Article III, Part I, of the 1988 Resolution. F. That the proceeds derived from the sale of the Bonds shall be used to finance all or a portion of the 2006B Project. G. That the estimated Revenues to be derived in each year hereafter from the operation of the Combined Public Utility will be sufficient at all times to pay all the costs of operation and maintenance of the Combined Public Utility and the principal of and interest on the Prior Bonds and the Bonds authorized pursuant to the 1988 Resolution and this Resolution, as the same become due and payable, and all sinking fund, reserve, if any, and other payments provided for in the 1988 Resolution and in this Resolution in accordance with the requirements of the 1988 Resolution and this Resolution. H. That the principal of and interest on the Bonds and all of the sinking fund and other payments provided for in the 1988 Resolution and this Resolution will be paid from the Net Revenues derived from the operation of the Combined Public Utility in the manner provided therein and herein, on a parity with the Prior Bonds; and the ad valorem taxing power of the City will never be necessary or authorized to pay the principal of and interest on the Bonds to be issued pursuant to this Resolution, or to make any of the sinking fund or other payments WPB-FSl\594354v08\016787.011800 7 Res. No. R-66-06 provided for in the 1988 Resolution and this Resolution, and the Bonds issued pursuant to this Resolution shall not constitute a lien upon the Combined Public Utility or upon any other property whatsoever of or in the City but shall be payable solely from the Net Revenues derived from the operation ofthe Combined Public Utility in the manner provided herein. I. That it is necessary and in the best economic interest of the City to acquire, construct and implement the 2006B Project in order to improve and enhance the City's Combined Public Utility and the services so provided by such Combined Public Utility. J. That the 2006B Project will serve a valid municipal purpose. K. That the cost of financing the 2006B Project shall be deemed to include, but not be limited to, the cost of acquisition, construction, improving, installing, renovating and equipping all or a portion of the 2006B Project, the cost of all real or personal property necessary therefor; administrative expenses; design, engineering and legal expenses; the fees and expenses of Bond Counsel; the fees and reasonable expenses of counsel for the Bank; expenses for estimates of costs; expenses for plans, specifications, licenses and permits; and such other expenses as may be necessary or incidental to the financing of the 2006B Project and the issuance of the Bonds herein authorized, L. That the City, having previously solicited bids for the sale of the Bonds, has determined that the best qualified bid for the Bonds was delivered by the Bank. M. That the negotiated sale of the Bonds to the Bank is in the best interest of the City by reason of the nature of and schedule for the completion of the financing of the 2006B Project, the aforementioned solicitation of bids, and present market conditions. WPB-FS1\594354v08\OI6787.011800 8 Res. No. R-66-06 N. That the Agreement, in the form attached hereto as Exhibit A, is hereby approved, with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof and the Mayor (or in his absence, the Vice Mayor) and City Clerk are hereby authorized to execute the same on behalf of the City. O. That pursuant to the provisions of the 1988 Resolution and this Resolution, the City may issue obligations in the future on parity with the Bonds and the Prior Bonds secured by the Net Revenues. P. The City hereby designates the Bonds to be qualified "tax-exempt obligations" within the meaning of Section 265(b) of the Code. SECTION 3: DEFINITIONS. That, in addition to terms defined elsewhere in this Resolution, the following terms shall have the following meanings unless the context otherwise clearly requires: "Bond Counsel" shall mean Greenberg Traurig, P.A. or any other firm of nationally recognized bond counsel selected by the City and acceptable to the Bank. "Business Day" shall mean any day other than a Saturday or Sunday, or a day on which the Bank is closed. "Code" shall mean the Internal Revenue Code of 1986, as amended, the applicable Treasury Regulations promulgated thereunder and any administrative or judicial interpretations of the same published in a form on which the City may rely as a matter of law. "Determination of Taxability" shall mean the circumstance of interest paid or payable on the Bonds becoming includable for federal income tax purposes in the gross income of the WPB-FSl\594354v08\016787.011800 9 Res. No. R-66-06 Bondholder, A Determination of Taxability will be deemed to have occurred upon (i) the receipt by the City or Bondholder of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency which holds that any interest payable on the Bonds is includable in the gross income of the Bondholder for federal income tax purposes; (ii) the issuance of any public or private ruling of the Internal Revenue Service that any interest payable on the Bonds is includable in the gross income of the Bondholder for federal income tax purposes; or (iii) receipt by the City or Bondholder of an opinion of Bond Counsel that any interest on the Bonds has become includable in the gross income of the Bondholder for federal income tax purposes. For all purposes of this definition, a Determination of Taxability will be deemed to occur on the date as of which the interest on the Bonds is first deemed includable in the gross income of the Bondholder for federal income tax purposes. "Interest Rate" shall mean with respect to the Bonds, unless the Bonds are no longer a "qualified tax-exempt obligation" within the meaning of Section 265(b) of the Code and the Interest Rate is adjusted pursuant to Section 8 hereof, a fixed rate of interest on the Bonds which, shall be equal to 3.98 percent per annum (3.98%). The Interest Rate shall be calculated on the basis of a 360 day year of twelve thirty-day months. "Maturity Date" shall mean, with respect to the unpaid principal of and interest on the Bonds, October 1, 2021. "Owner," "Bondholder" or "registered holder" or any similar term shall mean the Bank or, subject to the provisions of Section 10 hereof, any successor registered holder of the Bonds; WPB-FSl\594354v08\016787.011800 10 Res. No. R-66-06 provided no Bondholder may be the registered owner of less than $1,000,000 in the aggregate principal amount of the Bonds or all Bonds ifless than $1,000,000 remains outstanding. "Paying Agent" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Paying Agent hereunder. "Payment Date" shall mean, with respect to interest on the Bonds, each April 1 and October 1, commencing April 1, 2007, and with respect to scheduled principal on the Bonds, on each October 1, commencing October 1, 2007 in the principal amounts set forth in Section 7 hereof, and, prior to the Maturity Date, on any date the principal of the Bonds is optionally prepaid in whole or in part, provided that if such date is not a Business Day, the payment shall be made on the next succeeding Business Day and interest shall continue to accrue until the payment is received by the Owner. "Registrar" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Registrar hereunder. "Resolution" shall mean this Resolution as the same may from time to time be amended and supplemented in accordance with the terms hereof. "Taxable Rate" shall mean the Interest Rate times 1.5084. "2006B Project" shall mean, unless determined otherwise by subsequent proceedings of the Commission, additional funding for the phased expansion of the South Center Regional Wastewater Treatment Facility and all related and incidental costs. WPB-FS1\594354v08\OI6787011800 11 Res. No. R-66-06 Words importing singular number shall include the plural number and vice versa, as the case may be, and words importing persons shall include firms and corporations. SECTION 4: AUTHORIZATION OF BONDS. Subject and pursuant to the provisions of this Resolution and the 1988 Resolution, obligations of the City of Delray Beach, Florida, to be known as "Water and Sewer Revenue Bonds, Series 2006B" (herein the "Bonds") are hereby authorized to be issued in the aggregate principal amount of Two Million Three Hundred Fifty Thousand Dollars ($2,350,000) for the purpose of financing all or a portion of the costs of the 2006B Project. SECTION 5: INCORPORATION BY REFERENCE. Unless otherwise provided herein, all the terms and provisions of the 1988 Resolution shall, by this reference, be incorporated herein as though fully set forth in this Resolution. SECTION 6: 1988 RESOLUTION AND THIS RESOLUTION CONSTITUTES CONTRACT. In consideration of the acceptance of the Bonds authorized to be issued hereunder by those who shall hold the same from time to time, this 1988 Resolution and the Resolution shall be deemed to be and shall constitute a contract between the City and such Owners, including the Bank, and the covenants and agreements herein set forth to be performed by said City shall be for the equal benefit, protection and security of the Owners of any and all of such Bonds, including the Bank, all of which shall be of equal rank and without preference, priority, or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. WPB.FS 1 \594354.08\016787.011800 12 Res. No. R-66-06 SECTION 7: DESCRIPTION OF BONDS. Notwithstanding the form of Bonds set forth in the 1988 Resolution, the text of the Bonds shall be substantially in the form attached hereto as Exhibit B with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof. The Bonds (initially issued in one (1) typewritten certificate) shall be dated the date of initial issuance. The Bonds shall be issued in registered form designating the Bank or its designee as the registered owner. Unless the interest rate on the Bonds is adjusted in accordance with Section 8 hereof, the Bonds shall bear interest on the outstanding principal amount of the Bonds from time to time at the Interest Rate and shall be payable on each Payment Date, commencing April 1, 2007. Unless all or a portion of the Bonds is optionally or mandatorily redeemed in accordance with the terms of this Resolution, the outstanding principal of the Bonds shall be payable on each October 1 in the years and amounts set forth below: Date 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Principal Amount $120,000 125,000 125,000 130,000 130,000 135,000 140,000 145,000 165,000 170,000 180,000 185,000 WPB-FSI\594354v08\016787.011800 13 Res. No. R-66-06 Date 2019 2020 2021 * Total PrinciDal Amount 195,000 200,000 205.000 $2,350,000 * Final maturity Principal and interest on the Bonds shall be payable by the Paying Agent to the Owner by wire transfer in accordance with written instructions provided to the City by the Owner. The Bonds shall be numbered in such manner as may be prescribed by the Registrar. SECTION 8: ADJUSTMENT TO INTEREST RATE. Upon a Determination of Taxability the interest rate on the Bonds shall be converted to the Taxable Rate. In addition, the City shall also pay to the Bank any additions to tax, penalties, and any interest on the Bonds and any arrears in interest resulting from a Determination of Taxability. Any penalties in the form of interest or otherwise shall be paid by the City on the next succeeding Payment Date. The Interest Rate shall also be adjusted automatically as of the effective date of any change in the maximum corporate tax rate, presently 35%, or in the Preference Reduction Rate (hereinafter defined), presently 20%, based upon the following calculations. Provided, however, if the Bonds are not a "qualified tax-exempt obligation" within the meaning of Section 265 (b) (3) of the Code on the date of delivery of the Bonds, or if the Bonds at any time subsequent to delivery of the Bonds no longer qualify as a "qualified tax-exempt obligation," then the Preference Reduction Rate shall be adjusted as of the date of delivery of the Bonds or as of such subsequent date, as the case may be. WPB-FS 1\594354v08\01 6787.01 1800 14 Res. No. R-66-06 Upon the occurrence of any of the foregoing events, the Interest Rate shall be adjusted to the product obtained by multiplying the Interest Rate by a fraction, the numerator of which is equal to the sum of (i) the product of the Fully Taxable Equivalent (hereinafter defined) times one minus the maximum corporate tax rate in effect as of the day of adjustment, plus (ii) the TEFRA Adjustment (hereinafter defined) in effect as of the date of adjustment, and the denominator of which is equal to the sum of (i) the product of the "Fully Taxable Equivalent" times one minus the maximum corporate tax rate in effect as of the date of delivery of the Bonds plus (ii) the TEFRA Adjustment in effect as of the date of delivery of the Bonds. For the purpose hereof: (1) "TEFRA Adjustment' means an adjustment equal to the product ofthe following: Cost of Funds multiplied by the applicable maximum corporate tax rate multiplied by the applicable Preference Reduction Rate; (2) "Cost of Funds" means one hundred (100) multiplied by a fraction, the numerator of which is equal to the total interest expense of SunTrust Bank, for the immediately preceding tax year and the denominator of which is equal to the average total assets of SunTrust Bank, but at no time will be determined to exceed the cost of Fed Funds; (3) "Preference Reduction Rate" means the percentage reduction to be applied to the amount allowable as a deduction under Chapter I of the Code with respect to any financial institution preference item (as such term is defined in Section 291(e) of the Code); and (4) "Fully Taxable Equivalent" means the Interest Rate times 1.5084 expressed as a number and not as a percentage. SECTION 9: EXECUTION OF THE BONDS. The Bonds shall be executed in the name of the City by the signature of the Mayor or Vice Mayor of the City and its official seal WPB-FSl\594354v08\016787.0l1800 15 Res. No, R-66-06 shall be affixed thereto or imprinted or reproduced thereon and attested by the City Clerk. The signatures of the Mayor or Vice Mayor of the City and City Clerk on the Bonds may be manual or facsimile signatures. In case anyone or more of the officers who shall have signed or sealed the Bonds shall cease to be such officer of the City before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. The Bonds may be signed and sealed on behalf of the City by such person who at the actual time of the execution of the Bonds shall hold the proper office, although at the date the Bonds shall be actually delivered such person may not have held such office or may not have been so authorized. The Bonds shall bear thereon a certificate of authentication, in the form set forth on Exhibit B attached hereto, executed manually by the Registrar (when the City's Finance Department shall act as Registrar, the certificate of authentication shall be manually executed by the City's Finance Director). Only the Bonds as shall bear thereon such certificate of authentication shall be entitled to any right or benefit under this Resolution and no Bonds shall be valid or obligatory for any purpose until such certificate of authentication shall have been duly executed by the Registrar. The certificate of authentication of the Registrar upon the Bonds executed on behalf of the City shall be conclusive evidence that the Bonds so authenticated have been duly authenticated and delivered under this Resolution and that the Owner thereof is entitled to the benefits of this Resolution. WPB-FSl\594354v08\OI6787.011800 16 Res. No. R-66-06 SECTION 10: NEGOTIABILITY, REGISTRATION AND CANCELLATION. The Registrar shall keep books for the registration of the Bonds and for the registration of transfers of the Bonds. The Bonds shall be transferable at the option of the registered Owner thereof to an institutional holder, but subject to the prior written approval of the City's Director of Finance (which shall not be unreasonably withheld if the intended transferee provides a suitability letter addressed to the City as to the sophistication of the investor) unless such institutional holder is a bank or trust company, or unless such institutional holder, which is not a bank or trust company, certifies in writing to the City prior to the transfer that it is an accredited investor within the meaning of Rule 501 of the Securities Act of 1933, as amended and supplemented, in which case such approval shall not be required, and upon surrender thereof at the office of the Registrar (the designated corporate trust office of the Registrar if the City's Finance Department is not the Registrar) with a written instrument of transfer satisfactory to the Registrar duly executed by the registered Owner or his duly authorized attorney. Upon the transfer of such Bond, the City shall issue in the name of the transferee a new Bond. The City, the Paying Agent and the Registrar shall deem and treat the person in whose name the Bonds shall be registered upon the books kept by the Registrar as the absolute Owner of such Bonds, whether such Bonds shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bonds as the same become due and for all other purposes. All such payments so made to any such Owner or upon his/her order shall be valid and effectual to satisfy and discharge the liability upon such Bonds to the WPB-FSlIS943S4v081016787.011800 17 Res. No. R-66-06 extent of the sum or sums so paid, and neither the City, the Paying Agent nor the Registrar shall be affected by any notice to the contrary. In all cases in which the privilege of transferring the Bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver the Bonds in accordance with the provisions of this Resolution. The Bonds surrendered in any such transfers shall forthwith be delivered to the Registrar and canceled by the Registrar in the manner provided in this Section. The City or the Registrar (if not the City's Finance Department) may require the payment of a sum sufficient to pay any tax, fee or other governmental charges required to be paid with respect to such transfer. The Bonds paid or redeemed, in whole, either at or before maturity, shall be delivered to the Registrar within a reasonable period of time after the payment or redemption is made, and such Bonds shall thereupon be canceled upon written acknowledgement from the Owner that the Bonds have been paid in whole. The Bonds so canceled may at any time be destroyed by the Registrar, who shall execute a certificate of destruction in duplicate by the signature of one of its authorized officers describing the Bonds, and one executed certificate shall be filed with the City and the other executed certificate shall be retained by the Registrar (if not the City's Finance Department). SECTION 11: MUTILATED, DESTROYED, STOLEN OR LOST BONDS. In case any Bond shall become mutilated, destroyed, stolen or lost, the City shall execute and the Registrar shall authenticate and deliver a new Bond of like date, maturity and denomination as the Bond so mutilated, destroyed, stolen or lost; provided that, in the case of any mutilated Bond, WPB-FSI\594354v08\OI6787.01] 800 18 Res. No. R-66-06 such mutilated Bond shall first be surrendered to the City and, in the case of any lost, stolen or destroyed Bond, there shall first be furnished to the City and the Registrar (if not the City's Finance Department) evidence of such loss, theft, or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event the Bonds shall be about to mature or have matured, instead of issuing a duplicate Bond, the City may pay the same without surrender thereof. The City and the Registrar (if not the City's Finance Department) may charge the Owner of such Bond their reasonable fees and expenses in connection with this transaction. Any Bonds surrendered for replacement shall be canceled in the same manner as provided in Section 10 hereof. Any such duplicate Bond issued pursuant to this Section shall constitute additional contractual obligations on the part of the City, whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bonds shall be entitled to equal proportionate benefits and rights as to lien on the source and security for payment from Net Revenues with the Bonds issued hereunder. SECTION 12: CONDITIONS FOR ISSUANCE OF THE BONDS. Prior to the issuance ofthe Bonds, the City shall comply with the following conditions: A. Deliver to the Bank a fully executed arbitrage tax certificate; and B. Deliver to the Bank a copy of a completed and executed Form 8038-G to be filed by the City with the Internal Revenue Service; and C. Deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank, regarding the due authorization, execution, delivery, validity and enforceability of the Bonds and WPB-FS 1\594354.08\016787.011800 19 Res. No. R-66-06 the due adoption of this Resolution (enforceability of such instrument may be subject to standard bankruptcy exceptions and the like) and the exclusion of interest on the Bonds from gross income for federal income tax purposes, that the Bonds are not specified "private activity bonds" within the meaning of Section 57(a)(5) of the Code and, therefore, the interest on the Bonds will not be treated as a preference item for purposes of computing the alternative minimum tax imposed by Section 55 of the Code (however, a portion of the interest on the Bonds owned by corporations may be subject to the federal alternative minimum tax which is based in part on adjusted current earnings). Such opinion shall also state that the Bonds are "qualified tax- exempt obligations" within the meaning of Section 265(b) of the Code; and D. Deliver to the Bank an opinion of the City Attorney, satisfactory to the Bank, regarding the due authorization, execution, delivery, validity and enforceability of the Bonds, the Agreement and the due adoption of this Resolution and the 1988 Resolution (enforceability may be subject to standard bankruptcy exceptions and the like); and E. Deliver to the Bank one or more certificates of the City In form satisfactory to the Bank certifying, among other things, that the City is in compliance with the term of the 1988 Resolution. SECTION 13: COVENANTS OF THE CITY. The City hereby covenants to comply with the terms and provisions of Part I, Section 4.G of Article III, of the 1988 Resolution, as certified by the City in writing and delivered to the Bank prior to the issuance of the Bonds. In addition, the City reaffirms and acknowledges that all of the covenants set forth in the 1988 Resolution applicable thereto, apply to the Bonds authorized to be issued pursuant to WPB-FS1\594354v08\016787.0] ]800 20 Res. No. R-66-06 this Resolution, except those relating to a debt service reserve account, Bond Insurance and any Reserve Account Credit Facility Substitute. The Combined Public Utility Revenue Fund, the Water and Sewer Sinking Fund, the Water and Sewer System Renewal, Replacement and Improvement Fund and the Pledged Impact Charge Fund, all created and established under the 1988 Resolution, and the separate accounts therein shall be continued and maintained as provided in the 1988 Resolution as long as any of the Bonds, issued pursuant to the terms and provisions of the 1988 Resolution and this Resolution are Outstanding; and the payments required to be made from the Revenue Fund into the Interest Account, Principal Account, and Bond Redemption Account, shall be adjusted so as to provide the amounts necessary to pay the principal of and interest on the Bonds issued pursuant to this Resolution, in the amounts, at the times and in the manner provided in the 1988 Resolution and this Resolution. The City will continue to pay into the Water and Sewer System Renewal, Replacement and Improvement Fund and Pledged Impact Charge Fund, if applicable, from the Revenue Fund as long as any of the Bonds issued pursuant to the terms and provisions of this Resolution and the 1988 Resolution, or interest thereon, are Outstanding and unpaid, the amounts required to be deposited therein pursuant to, and in the manner provided in the 1988 Resolution and the moneys in the Pledged Impact Charge Fund, if any, and the Water and Sewer System Renewal, Replacement and Improvement Fund shall be used only for the purposes provided for in the 1988 Resolution for such funds. WPB-FS1\594354v08\016787.011800 21 Res. No. R-66-06 SECTION 14: APPLICATION OF BOND PROCEEDS. All moneys received by the City from the sale of the Bonds originally authorized and issued pursuant to the 1988 Resolution and this Resolution, shall be disbursed as follows: A. $2,500 shall be paid to the Bank's counsel, unless such amount has been netted from the proceeds of the Bonds. B. The balance of the proceeds derived from the sale of the Bonds shall be applied by the City to pay any other costs of issuing the Bonds and to finance of all or a portion of the 2006B Project. SECTION 15: REDEMPTION PROVISIONS. The Bonds are subject to optional redemption in whole or in part at any time at a redemption price equal to 100% of the principal amount of Bonds to be optionally redeemed plus accrued interest to the applicable redemption date, plus an additional fee, if applicable, calculated as follows: Upon two (2) business days' prior written notice to the Bank, the City may prepay amounts owing hereunder at any time and from time to time. Such prepayment notice shall specify the amount of the prepayment which is to be applied, In the event of prepayment, the City may be subject to pay the Bank an additional fee, determined in the manner provided below, to compensate the Bank for all losses, costs and expenses incurred in connection with such prepayment, The fee shall be equal to the present value of the difference between (1) the amount that would have been realized by the Bank on the prepaid amount for the remaining term of the Bond at an interest rate equal to the Federal Reserve H,15 Statistical Release rate for fixed-rate payers in interest rate swaps for a term corresponding to the term of the Bonds, interpolated to WPB-FS 1\594354.08\016787.01] 800 22 Res. No. R-66-06 the nearest month if necessary, that was in effect two (2) Business Days prior to the delivery date of the Bonds; and (2) the amount that would be realized by the Bank by reinvesting such prepaid funds for the remaining term of the Bonds at the Federal Reserve H. 15 Statistical Release rate for fixed-rate payers in interest rate swaps, interpolated to the nearest month, as released two (2) Business Days prior to the Bond prepayment date; both (1) and (2) discounted at same rates stated or calculated above. Should the present value have no value or a negative value, the City may prepay with no additional fee. Should the Federal Reserve no longer release rates for fixed- rate payers in interest rate swaps, the Bank may substitute the Federal Reserve H.15 Statistical Release with another similar index. The Bank shall provide the City with a statement explaining the calculation of any additional fee due, which statement shall, in the absence of manifest error, be conclusive and binding, Partial prepayments may be made according to the same calculation methodology described above. Any partial prepayment of the Bonds shall not postpone the due dates of, or relieve the amounts of, any scheduled installment payments due hereunder. Amounts repaid hereunder may not be reborrowed. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) Business Days prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice, together with accrued interest thereon and any additional fee, if applicable, or the whole thereof, together with the accrued interest thereon and any additional fee, if applicable, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal, together with accrued interest and any additional fee, if applicable, shall WPB-FS 1 \594354.08\016787.011800 23 Res. No, R-66-06 be paid (i) in case the entire unpaid balance of the principal of the Bonds is to be paid, upon presentation and surrender of the Bonds to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department), and (ii) in case only part of the unpaid balance of principal of the Bonds is to be paid, upon presentation of such Bonds at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all ofthe Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal, unpaid interest accrued thereon and any additional fee, if applicable, without surrender of the Bonds. If, on the optional redemption date, funds for the payment of the principal amount to be prepaid, the unpaid interest accrued thereon and any additional fee, if applicable, shall not have been provided to the Paying Agent, as above provided, the principal amount of the Bonds shall continue to be Outstanding and to bear interest until payment thereof at the Interest Rate. Any partial redemption shall be applied to the installments of principal on the Bonds in the inverse order of scheduled payment and shall not postpone the due dates of, or relieve the City, from paying the adjusted amounts of, any scheduled installment payments due hereunder SECTION 16: FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR ACTS. That the Mayor, the Vice Mayor, the City Manager, the Finance Director, the Treasurer, the City Clerk, the City Attorney and any other authorized official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and WPB-FSl\594354v08\0l6787.011800 24 Res. No. R-66-06 instruments, and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. All actions heretofore taken and documents prepared or executed by or on behalf of the City by any of its authorized officers, in connection with the transactions contemplated hereby, are hereby ratified, confirmed, approved and adopted. SECTION 17: SEVERABILITY OF INVALID PROVISIONS. If anyone or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution or of the Bonds. SECTION 18: REPEALER. That all resolutions or proceedings, or parts thereof, in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. SECTION 19: EFFECTIVE DATE. That this Resolution shall take effect immediately upon its passage. WPB-FS1\S94354v08\016787.0I1800 25 Res. No. R-66-06 PASSED AND ADOPTED in regular session on this the 7th day of November, 2006. Attest: City Clerk The foregoing Resolution is hereby approved by me as to form, language and execution this 7th day of November, 2006. By: City Attorney WPB-FS1\594354v08\OI6787.011800 CITY OF DELRA Y BEACH, FLORIDA By: Mayor Date of Adoption: 26 November 7. 2006 Res. No. R-66-06 EXHIBIT A BOND PURCHASE AGREEMENT THIS BOND PURCHASE AGREEMENT (the "Agreement") dated November _, 2006, by and between SunTrust Bank, a banking corporation organized under the laws of the State of Georgia (herein the "Bank") and the City of Delray Beach, Florida, a municipal corporation of the State of Florida (together with its successors and assigns, the "City"). W!TNE~~ETH: WHEREAS, pursuant to the Act, as such term is defined in Resolution No. 36-88, as amended and supplemented by Resolution No. 39-88, as further amended and supplemented (collectively, the "1988 Resolution"), adopted by the City Commission of the City (the "Commission") on June 28, 1988 and July 12, 1988, respectively, and pursuant to Resolution No. R-66-06, adopted by the Commission on November 7,2006 (herein, the "2006 Resolutions" and together with the 1988 Resolution, the "Resolution") the City authorized the issuance of $2,350,000 in aggregate principal amount of City of Delray Beach, Florida Water and Sewer Revenue Bonds, Series 2006B (the "Bonds"); and WHEREAS, any capitalized term used in this Agreement and not otherwise defined shall have the meaning ascribed to such term in the Resolutions; and WHEREAS, the Bank has reviewed the Resolutions and hereby finds the terms acceptable; and WHEREAS, on this date, the City has, pursuant to provisions of the Act, the Resolutions and this Agreement, agreed to issue and sell to the Bank and the Bank has, pursuant to the terms of this Agreement and the terms and provisions of the Resolution, agreed to purchase, all but not less than all, of the Bonds; and WHEREAS, the City and the Bank have heretofore negotiated the terms of the Bonds and the Resolution and by execution of this Agreement each will have confirmed that such are acceptable. NOW THEREFORE, the City and the Bank hereby agree as follows: 1. Purchase and Sale. Upon the terms and conditions set forth herein and in the Bonds and the Resolutions and upon the representations and warranties of the City set forth in the Resolutions, the arbitrage tax certificate and other closing certificates, the City agrees to sell on this date the Bonds on a negotiated basis to the Bank and the Bank agrees on this date to purchase, with immediately available funds, all but not less than all, of the Bonds. The purchase price for the Bonds shall be $2,350,000, which purchase price is equal to the principal amount of WPB-FS1\594354v08\01 6787.01 1800 A-I Res. No. R-66-06 the Bonds. Since the dated date of the Bonds is the date hereof, there will be no accrued interest as part of the purchase price. 2. Private Placement Negotiated Sale. The Bank hereby acknowledges that the purchase of the Bonds from the City was on a negotiated private placement basis and that there has been no offering document prepared by the City in connection with such sale. 3. Conditions for Purchase. The Bank's agreement to purchase the Bonds on this date is subject to the satisfaction of the conditions set forth in Section 12 of the 2006 Resolution. The Bank's purchase of the Bonds will constitute full evidence that such conditions have been satisfied or waived. 4. Section 218.385 Florida Statutes. On or before the purchase of the Bonds, the Bank has provided the City with the disclosure and truth-in-bonding statements required by and in accordance with, Section 218.385, Florida Statutes, as amended and supplemented. The above-referenced statements are attached to this Agreement as Schedule A. 5. Expenses. As between the City and the Bank, the Bank shall not be liable for any expenses incurred by the City in connection with the issuance of the Bonds, The Bank represents to the City that it has not employed or used the services of any attorney or other professional in connection with the Bank's negotiations with the City and its purchase of the Bonds other than Adorno & Yoss, LLP, which fee, in the amount of $2,500 shall be paid by the City. 6. Effectiveness. This Agreement shall become effective upon the execution by the appropriate officials of the City and the Bank. 7. Headings. The headings set forth in this Agreement are inserted for convenience only and shall not be deemed to be a part hereof. 8. Amendment. No modification, alteration or amendment to this Agreement shall be binding upon any party until such modification, alternation or amendment is reduced to writing and executed by all parties hereto. 9, Governing Law. The laws of the State of Florida shall govern this Agreement. 10. Counterparts. This Agreement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were signatories upon the same instrument. WPB-FS 1\594354V08\016787.011800 A-2 Res. No, R-66-06 IN WITNESS WHEREOF, the City and the Bank has caused this Agreement to be executed by its respective duly authorized officers all as of the date hereof. SUNTRUST BANK By: Title: (SEAL) Date: November ,2006 CITY OF DELRA Y BEACH, FLORIDA By: Title: (SEAL) Date: November _, 2006 WPB-FSl\594354v08\0l6787.011800 A-3 Res. No. R-66-06 Schedule A November _, 2006 City Commission City of Delray Beach, Florida Delray Beach, Florida 33444 Re: $2,350,000 City of Delray Beach, Florida Water and Sewer Revenue Bonds Series 2006B To The Honorable Mayor and Commissioners: This letter shall serve as the disclosure statements and truth-in-bonding statement pursuant to Section 218.385, Florida Statutes, in connection with the award of the above-referenced bonds (the "2006 Bonds") to SunTrust Bank (the "Purchaser"). We represent to you as follows: 1. No management fee will be charged by the Purchaser. 2. The Underwriting spread which the Purchaser expects to realize will be -0-. 3. No fee, bonus or other compensation will be paid by the Purchaser in connection with the issue of the 2006 Bonds to any person not regularly employed or retained by the Purchaser. 4. The City of Delray Beach, Florida (the "City"), is proposing to issue up to $2,350,000 of debt or obligation for the purposes of financing certain additions, extensions and improvements to the City's combined public utility systems, and other costs associated therewith. This debt or obligation is expected to be repaid over a period of approximately 179 months, At an interest rate of 3.98%, the total interest paid over the life of the debt or obligation could be as much as $810,577. The source of repayment or security for this proposal is the Net Revenues (as defined in the resolution authorizing the issuance of the debt or obligation). Authorizing this debt or obligation will result in up to $3,160,577 of Net Revenues not being available to finance or refinance other capital projects for the City combined public utility in the calendar year 2006 through October 1, 2021. WPB-FS 1 \594354.08\016787.011800 A-4 Res, No. R-66-06 Very truly yours, SUNTRUSTBANK By: Name: Title: WPB-FS I \594354V08\O I 6787.Dl 1800 A-5 Res. No. R-66-06 EXHIBIT B FORM OF BOND No. R- $2,350,000 UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF DELRA Y BEACH, FLORIDA WATER AND SEWER REVENUE BOND, SERIES 2006B Interest Rate 3.98% Maturity Date October 1,2021 Dated Date November _, 2006 REGISTERED OWNER:------------------------SUNTR US T BANK --------------------------- PRINCIPAL AMOUNT: TWO MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS($2,350,000.00) KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the "City") in Palm Beach County, Florida, for value received, hereby promises to pay from Net Revenues (as such term is defined in the herein defined 1988 Resolution), to the Registered Owner specified above or registered assigns on the Maturity Date specified above or earlier upon mandatory or optional prepayment as provided below, the City's Finance Department or (if so determined by the City) the designated trust office of the bank or trust company appointed by the City to act as paying agent (said City's Finance Department or such bank or trust company and any bank or trust company becoming successor paying agent being herein called the "Paying Agent"), the Principal Amount outstanding from time to time and not previously prepaid with interest thereon at the stated interest rate calculated on the basis of a 360-day year of 12 thirty- day months, on each Payment Date in the manner specified in the within described Bond Resolution. The interest rate on the Bond may be adjusted as provided in the Bond Resolution (as herein defined). The principal amount, redemption premium, if applicable, and accrued interest thereon is payable in any coin or currency of the United States of America, which, on the date of payment thereof, shall be legal tender for the payment of public and private debts. This Bond is authorized to be issued in a principal amount of $2,350,000 under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the Charter of the City of Delray Beach, Florida, as amended and supplemented, and other applicable provisions of law (the "Act"), and Resolution No. 36-88 duly adopted on June 28, 1988, Resolution No. 39-88 duly adopted on July 12, 1988, as amended and supplemented to date (the "1988 Resolution") and Resolution No. R-66-06, adopted on November 7, 2006 (the "2006 Resolution" and together with the 1988 Resolution, the "Bond Resolution"), as such resolutions WPB-FSl\594354v08\OJ6787.011800 B-1 Res. No. R-66-06 may be further amended and supplemented from time to time, and is subject to all terms and conditions of said resolution. Any term used in this Bond and not otherwise defined, shall have the meaning ascribed to such term in the Bond Resolution. It is hereby certified and recited that all acts, conditions and things required to exist, to happen, and to be performed, precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the Laws and Constitution of the State of Florida and the Charter of the City applicable thereto, and that the issuance of this Bond, is in full compliance with all constitutional or statutory limitations or provIsIOns. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the certificate of authentication hereon shall have been signed by an authorized officer of the Registrar. This Bond shall bear interest at the Interest Rate, as such rate may be adjusted in accordance with the terms of the Bond Resolution. Upon the occurrence of a Determination of Taxability this Bond shall bear interest at the Taxable Rate, as defined, and subject to the provisions set forth, in the Bond Resolution. This Bond shall bear interest at the Interest Rate, as such rate may be adjusted in accordance with the terms of the 2006 Resolution. Interest shall be payable on April 1, 2007, and each October 1 and April 1 thereafter and principal on the Bonds, unless prepaid, shall be payable on each October 1 in the amounts set forth below; provided that if such date is not a Business Day, the payment shall be made on the next succeeding Business Day (each a "Payment Date") and interest shall continue to accrue until the payment is received by the Owner. The principal of and interest on the Bonds shall be secured solely by the Net Revenues. Date 2007 2008 2009 2010 2011 2012 2013 2014 Principal Amount $ 120,000 125,000 125,000 130,000 130,000 135,000 140,000 145,000 WPB-FSI\594354v08\OI6787.0118oo B-2 Res. No. R-66-06 Date 2015 2016 2017 2018 2019 2020 2021 * Total Principal Amount 165,000 170,000 180,000 185,000 195,000 200,000 205.000 $2,350,000 * Final maturity The City may prepay this Bond in whole or in part, at any time or from time to time, upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued interest plus, if applicable, an additional fee as calculated in the second succeeding paragraph, by paying to the registered holder all or part of the principal amount of this Bond, together with the redemption premium and the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) Business Days prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice, together with accrued interest thereon and any additional fee, if applicable, or the whole thereof, together with accrued interest thereon, and any additional fee, if applicable, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of the principal of this Bond is to be paid, upon presentation and surrender of such Bond to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department), and (ii) in case only part of the unpaid balance of principal of this Bond is to be paid, upon presentation of such Bond at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal, unpaid interest accrued thereon, and any additional fee, if applicable, without surrender of this Bond. If, on the prepayment date, funds for the payment of the principal amount to be prepaid, together with unpaid interest accrued thereon, and any additional fee, if applicable, shall not have been provided to the Paying Agent, as above provided, the principal amount of this Bond shall continue to be outstanding and to bear interest until payment thereof at the Interest Rate. WPB-FSI\594354v08\016787.01] 800 B-3 Res. No. R-66-06 In the event of such prepayment, the City may be required to pay to SunTrust Bank, as the registered owner of the Bonds (herein, the "Bank"), an additional fee, determined in the manner provided below, to compensate the Bank for all losses, costs and expenses incurred in connection with such prepayment. Such additional fee shall be equal to the present value of the difference between (1) the amount that would have been realized by the Bank on the prepaid amount for the remaining term of the Bonds at _% (the Federal Reserve H.15 Statistical Release rate for fixed-rate payers in interest rate swaps for a term corresponding to the term of the Bonds, interpolated to the nearest month, if necessary, that was in effect two (2) Business Days prior to the delivery date of the Bonds) and (2) the amount that would be realized by the Bank by reinvesting such prepaid funds for the remaining term of the Bonds at the Federal Reserve H.15 Statistical Release rate for fixed-rate payers in interest rate swaps, interpolated to the nearest month, as released two (2) Business Day's prior to the prepayment date; both (1) and (2) discounted at the interest rates stated above. Should the present value have no value or a negative value, the City may prepay the Bonds with no additional fee. Should the Federal Reserve no longer release rates for fixed- rate payers in interest rate swaps, the Bank may substitute the Federal Reserve H.15 Statistical Release with another similar index. The Bank shall provide the City with a written statement explaining the calculation of the additional payment due, which statement shall, in absence of manifest error, be conclusive and binding. Partial prepayments may be made subject to payment of an additional fee based upon the same calculation methodology described above. Any partial prepayment of the Bonds shall be applied to installments of principal in the inverse order of maturity and shall not postpone the due dates of, or relieve the amounts of, any scheduled installment payments due hereunder. This Bond shall not be and shall not constitute an indebtedness of the City within the meaning of any constitutional, statutory, charter or other limitations of indebtedness but shall be secured solely by the Net Revenues. No Holder of this Bond shall ever have the right to compel the exercise of ad valorem taxing power of the City, or taxation in any form of any real property therein to pay the Bond or the interest thereon. The applicable terms and provisions of the Bond Resolution are incorporated in this Bond as though such terms and provisions have been set out in full herein. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Bond to be signed by its Mayor, either manually or with his facsimile signature, and the seal of the City Commission of the City of Delray Beach, Florida, to be affixed hereto or imprinted or reproduced hereon, and attested by the Clerk of the City, either manually or with her facsimile signature, and this Bond to be dated the Dated Date set forth above. (SEAL) CITY OF DELRA Y BEACH, FLORIDA WPB.FS1\594354v08\016787.011800 B-4 Res. No. R-66-06 ATTEST: By: Clerk ofthe City of Del ray Beach, Florida WPB-FS1\594354v08\016787.011800 B-5 By: Mayor Res. No. R-66-06 FORM OF CERTIFICATE OF AUTHENTICATION Date of Authentication: November _, 2006 This Bond is the Bond delivered pursuant to the within mentioned Resolution. CITY OF DELRA Y BEACH Finance Department, as Registrar By: Authorized Officer WPB-FSl\S94354>^lS\016787.01IS00 B-6 Res. No. R-66-06 ASSIGNMENT FOR V ALUE RECEIVED the undersigned sells, assigns and transfers unto (please print or typewrite name, address and tax identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints , Attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: In the presence of: NOTICE: The signature to this assignment must correspond with the name as written upon the face of the within Bond in every particular, without alteration or enlargement, or any change whatever. WPB-FSl\594354v08\016787.01] 800 B-7 Res. No. R-66-06 AGENDA ITEM NUMBER: q t ~ AGENDA REQUEST Date: October 31, 2006 Request to be placed on: Consent Agenda Special Agenda Workshop Agenda When: November 7,2006 Description of agenda item: Approve Resolution# 66-06 authorizing the issuance of Water and Sewer Bonds in the aggregate amount of $2,350,000 and authorizing the sale of such bonds to SunTrust Bank at a rate of 3.98% for a term of 15 years. The bonds will be issued for the purpose of financing the City's share of the phased expansion of the South Central Regional Central Wastewater Facility Reclaimed Water Treatment Facility plus cost of issuance. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES x X NO NO Recommendation: Recommend approval of the above. Department Head Signature: ~ ......) Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): ~~ Budget Director Review (required on all items involving expenditure of funds): Funding available: (n/a) Yes ~ No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: Approved for Agenda: ~ H\\\f)~ 6J No City Manager Review: Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # ~tJt City Of Delray Beach Department of Environmental Services M E M 0 RAN D U M www.MvDelravBeach.com TO: FROM: David T. Harden /J Randal L. Krejcarek, P.E. iU 01 Nov 2006 DATE: SUBJECT: SR A 1 A - Linton Blvd to George Bush Blvd Decorative Street Lights Along Public Beach Project Number 2002-023 The attached agenda item is for Commission approval to utilize Lumec Domus Series OMS50 luminaries as the decorative street light along the public beach on SR A1A. As directed by Commission staff consulted with the Beach Property Owners Association (BPOA) for input regarding their preference. The BPOA indicated their preference to be Series OMS50, see attached. The white band shown in the picture is opaque. The cost between the two choices, DMS50 and DMS55, is negligible. The cost difference between the standard FOOT cobra head lights and the proposed decorative lights will be the responsibility of the City. Current estimate of this additional cost is $404,100. FDOT will be sending the City a Joint Participation Agreement (JPA) to cover the additional cost for install decorative street lights. A separate agenda item will be presented to Commission when the JPA is received from FDOT. A map is attached for your reference. Please place this item on the 07 Nov 2006 agenda for consideration by City Commission. Thanks! enc cc: Richard C. Hasko, P.E. City Clerk Project File Agenda File S:IEngAdminIProjects\200212002-02310FFICIAL 12006 11 07 agenda memo. doc q.~ ,. DMSSO-SG-LD-MM ~ . ~ ~,Jrv' . " ca "'C U) C ..... CI) E .- C)CI)E <( ..... .- _..J ...c u co Q) <(ClJ ~ u <(== ..c 0:: :J C/)e.. C) c: o - <( c( "'l"'" c( 0:: (/) (J) > ...~ .2 ... c ;.!! <C en (!) ..c: o co Q) a:l >. ~ Q) o ... ... o ... .., .., o '" I/) '" o <<> ... .. o ,.. <<> CD a a N - T""" - T""" T""" Date: 01 Nov 2006 AGENDA ITEM NUMBER: 9 I c:,... AGENDA REQUEST Request to be placed on: -LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 11 Nov 2006 Description of Agenda Item (who, what, where, how much): This agenda item is for Commission approval to install Lumec Domus Series DMS50 luminarires on SR AlA along the public beach. Staff Recommendation: ~ fi- Department Head Signature: ~)Cl . c:fJ~ ( (-1- 0 (, City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N/A Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: ~_. Approved for Agenda@/ No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin \Projects\2002\2002-023\OFFICIAL \2006 11 07 agenda request. doc MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS ~TY MANAGER AGENDA ITEM # q (j ~ - REGULAR MEETING OF NOVEMBER 7. 2006 AGREEMENT/HEAD START TO: SUBJECT: DATE: NOVEMBER 3, 2006 The agenda backup for Item 9.H,Agreement/Head Start, will be sent to you on Monday, 11/6/06. S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Headstart t t.07.06.doc MEMORANDUM TO: FROM: MAYOR AND CIlY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # q,' H - REGULAR MEETING OF NOVEMBER 7. 2006 AGREEMENT/HEAD START SUBJECT: DATE: NOVEMBER 6, 2006 The agenda backup for Item 9.H, Agreement/Head Start, pertaining to tomorrow night's Commission meeting, is attached for your review. S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Headstart2 11.07.06.doc Facilities Development &. Operations Department 3200 Belvedere Road. Building 1169 West Palm Beach, FL 33406-1544 Telephone: (561) 233-0200 Facsimile: (561) 233-0206 www.pbcgov.com/fdo . Palm Beach County Board of County Commissioners Addie L. Greene. Vice Chairperson :Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on f9CYCIed paper November 3,2006 David Harden, City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, Fl. 33444 Re: De/ray Beach Headstart - Key Transaction Terms for Purchase b of Permanent Site Adjacent to Catherine Strong Park Dear~ In early 2005, City and County staff initiated discussions about working cooperatively to identify land for a proposed permanent HeadStart Facility in the vicinity of the existing site which is located on the west side of the City's Catherine Strong Park ("Park") - that area having been identified as the optimal site for HeadStart program purposes, as well as for community improvement and redevelopment purposes. Previous independent efforts by the City and County were not successful and resulted in the current plan to construct the future permanent HeadStart Facility to the County's South County Administrative Complex on Congress Avenue, west of 1-95, despite its less than desirable location for this program. After much discussion and evaluation of land owned by the City, County, FDOT and School Board, as well as private parcels available for sale, the City indicated that it was pursuing the acquisition of a tract ofland adjacent to the northeast comer ofthe Park, a portion of which could possibly be made available for HeadStart. The County concurred with the desirability ofthe location and agreed to work together to determine whether the details and existing conditions of the site would actually work. Since the development of the permanent HeadStart Facility is contemplated for 3-5 years in the future, there was initially no urgency to working through these details. However, the need to have an alternate site identified for the permanent HeadStart Facility is now made ripe due to the Congress Ave site being considered for disposition as part of the County's redevelopment of its South County Administrative Complex. History of Proposed HeadStart Facility Site The City recently purchased Tract B (a 6.02 acre parcel ofland on the west side of Auburn Ave/SW 12th Avenue and the north side ofSW 7th Avenue) from Auburn Trace. The sale was subject to a cross easement agreement between Auburn Trace, the City, and the School Board of Palm Beach County. The cross easement agreement allows a reconfiguration of the existing retention area, provided Tract B continues to accommodate drainage retention for the Auburn Trace development, as well as for the expansion of the Village Academy School. Tract B was dedicated by plat for future recreational purposes that will not restrict drainage capacity. Page 1 of 4 ~~.\\ \\\\\~ Part of the property is currently utilized as a drainage retention area for the existing Auburn Trace Development and a portion of the SW 12th Avenue roadway. However, Auburn Trace, the City, and the School Board submitted a joint application to the South Florida Water Management District to modify the surface water management permits associated with Tract B. The permit application proposed a reduction in the area devoted to drainage retention. Pursuant to the application, the reconfigured drainage retention area would be reduced to approximately 3 acres, leaving the remaining 3.2 acres of Tract B available for the development of the HeadStart Facility. The permit modification was approved in July 2006. The future construction of the HeadStart Facility will require a modification of the permit. As is standard practice for the County, it undertook a developability study of the proposed land for the future Headstart facility. The purpose of the report is to examine the land use issues associated with the site and identify any fatal flaws, key development concerns or non-customary costs associated with the future development for its intended purpose. The County has now completed that study. The study resulted in a conceptual site plan for the HeadStart facility which encompasses the 3.25 acres within Tract B, as well as 1.33 acres within the Park for a total HeadStart land requirement of 4.58 acres (referred to as "Premises" for the balance of the study). The conceptual site plan is attached to this letter as Exhibit A. This site plan is the culmination of a year of joint planning between the City and County staff. LeaseIPurchase Agreement - Key Business Terms To that end, City and County staff have identified the key terms of an Agreement which would result in the designation ofthe Tract B property (and a portion of the Park) for the Headstart Facility. The County is now requesting that the City conceptually approve moving forward with the development of a lease/purchase agreement ("Agreement") with the following key business terms. 1. The Agreement would be structured as a $l/yr lease until the County completes the construction of the HeadStart Facility on the Premises. Within 9 months of the issuance of the final certificate of occupancy, the County would have the option of continuing to lease the property or to subdivide (and plat) the Premises from the remainder of the City's holdings. At the time of election of continuing to lease or at time of closing (in the event the County elects to subdivide) the County would reimburse the City for the 3.25 acre portion of the Premises located within Tract B (approximately 3.25 acres of the overall 4. 5 8 acre Premises). The City represents that it is not aware of any other regulatory processes which would prevent the County from securing a building permit for the HeadStart Facilities on the leased premises after obtaining all permits necessary for the construction. 2. The County's purchase price for the property to be made available with Tract B would be equal to the purchase price paid by the City. For the 3.25 acres at $5.72 /sfwithin Tract B, the County's purchase price for the Premises would be $589,801. This purchase price contains at discount of $220,000 for the estimated cost to fill the property to buildable grade. The County would be solely responsible for the costs associated with bringing the proposed HeadStart site located within Tract B to a buildable grade at the time it initiates construction. The portion of the Premises which sits within the Park would be re-conveyed to the County at no cost, as the County donated this same property (as well as all of the property for the Park) to the City with a revertor clause in favor of the County if the Park property is not used for park purposes. Page 2 of 4 3. The City, at its sole cost, would relocate the park facilities (basketball court) to the west side of the Park on the portion of property vacated by the temporary Headstart modulars. The County, at its sole cost, will remove the modulars and all above ground improvements. The City recognizes that from the time that construction commences through the occupancy date of the permanent facility and the removal of the modulars, the basketball courts will not be available for use. 4. The City will provide the County with storm water outfall and storage in either the storm water management area located on the remainder of Tract B or within the City property located across SW 17th Avenue, west of the Park ("Triangle Parcel"). The necessary easements would be granted to the County at no cost. The County would be responsible for the cost of preparing the easements document and modifying any existing City permits. The costs associated with preparing the easement documents, modifying the permits and constructing the storm water improvements are estimated to be $125,000 including the costs of processing the subdivision and platting ofthe Premises and the Park described in #6 below. Notwithstanding the above, the City and the County agree that they will work cooperatively in the future to determine the most effective way to accommodate the storm water outfall and storage (that can not be accommodated within Tract B) made necessary by the development of the Premises, including replacement of any capacity lost to the Boys and Girls Club lease. For these purposes the term "most effective" will take into account both the City's objectives to incorporate the Triangle parcel into the Park, relocate SW 17th Ave, and the costs to the County to provide for such outfall and storage. The County will endeavor to include, on the County's design team, the City's engineer of record on the existing permit to facilitate the modifications. 5. The County will take the lead, in conjunction with the City Attorney's Office, in preparing consent agreements for the School Board, Auburn Trace and the City which provide for the entities' consent to the County to modify ERP Permit No.5 0-07466P as long as; 1) the rights of the individual parties to drain are not modified, 2) the storm water capacity within Tract B assigned to the individual parties is not reduced, and 3) that such modifications are undertaken at no cost to the consenting parties. The City will take the lead in securing the approval of the three consent agreements from the School Board and Auburn Trace. 6. The County will agree to a cross parking easement between the Premises, the Park, and Boys and Girls Club. The County will be responsible for the costs of installing fencing and improvements to accomplish the cross parking agreement. 7. The County will prepare all documents necessary for the subdivision of the Premises from the Park, including the re-platting and platting of the entire Park property, as well as the Triangle Parcel. 8. The City will initiate the re-zoning of all City owned property within the Park, Tract B and Triangle Parcel which are to be incorporated into the Premises to Community Facilities. Page 3 of 4 Ifthese terms are acceptable, County staffwill proceed with the preparation ofthe Agreement and back-up documentation for formal consideration by the City Council and the Board of County Commissioners (BCC) in early 2007, and prior to the BCC issuing a RFP for the disposition ofthe property on Congress Ave. Let me know if you have any questions and whether we can be scheduled for the November 7th City Council meeting to discuss. We look forward to continuing to work with the City on this very exciting project. Sincerely, f\.A,~ Audrey Wolf, Director Facilities Development & Operations Attachment c: Commissioner Addie Greene, District 7 Commissioner Mary McCarty, District 4 Robert Weisman, County Administrator Jon Van Amam, Assistant County Administrator Ed Rich, Director Community Services Dr. Carman Nicholas, Director HeadStart Ross Hering, Director Property and Real Estate Management Ben Williamson, Real Estate Project Manager Jimmy Beno, Director FDO Facilities Operations Chauncey Taylor II, Director Facilities Services Melanie Borkowski, Manager, Facilities Compliance Nancy Dolan, Business and Community Agreements Manager Susan Ruby, City Attorney, City of Delray Beach Paul Dorling, Director of Community Development, City of Delray Beach Page 4 of 4 ~ ~, -t: .. ( I I' I I .. ~ .. i i ~ II I i ~~ e ~ ,'-.. Hl i - ~1 ;i~ !I ~ ~I ~ -. -+ CD \) 4l:7~1.,-( -l t 1 ~~ it 1e! a - '> 0 ':) II ~ ~ a lJo. 0' \ ~ -l ~ -l ~ I!' 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Nu6in, C!JvtC City Cfer~ 100 J{,W lst;4venue {j)e{ray CReacli, pforida 33444 (561) 243-7051 From: Shutt, Brian Sent: Tuesday, November 07,200612:51 PM To: Nubin, Chevellei Smith, Douglas Cc: Wickert, Ellen Subject: final draft of the agt with Advancec:l Data here is the latest version. R. Brian Shutt Assistant City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 (561 )243-7091 Fax (561 )278-4755 shutt@ci.delrav-beach.fl.us Rav;sed ~MJOJ) t<< I teiY\ <<. Q. lO 11/7/2006 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND ADVANCED DATA PROCESSING. INC. FOR RESCUE AMBULANCE BILLING & RELATED PROFESSIONAL SERVICES. THIS AGREEMENT, hereinafter "AGREEMENr, made and entered into this _ day of November _, 2006 by and between the CITY OF DELRA Y BEACH, a Florida Municipal corporation, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, FL 33444, hereinafter referred to as the "CITY", and Advanced Data Processing, Inc., a Delaware Corporation with principal offices located at 500 NW 165th Street, Suite 104, Miami, Florida 33169, hereinafter referred to as the "CONTRACTOR". WITNESSETH: WHEREAS, the City desires to outsource its EMS billing pertaining to the transporting of patients by the City's Fire Department, and WHEREAS, the parties hereto now wish to enter into an agreement, pursuant to which the CONTRACTOR will render those professional services in connection with said project as hereinafter provided; NOW THEREFORE, the parties hereto agree as follows: 1. DEFINITION OF THE PROJECT. The objective of the project is to utilize the services of the CONTRACTOR to provide the CITY with ambulance billing and related services. 2. SCOPE OF SERVICES. The CONTRACTOR shall perform and carry out the work as defined in EXHIBIT A, "Scope of Work", which is attached hereto. All payments shall be paid directly to CITY OF DELRA Y BEACH or via Locked-Box facility as directed by the CITY. 3. TIME OF PERFORMANCE. This Agreement shall be effective for a three-year period from January 1, 2007 through December 31,2010, under the terms and conditions contained herein unless otherwise terminated. This AGREEMENT may be renewed for one additional three year term upon mutual consent of the parties. All terms and conditions hereof shall remain in full force and effect during any renewal term. 4. COMPENSATION AND METHOD OF PAYMENT. 4.01 The CITY reserves the right to request changes in the services within the general scope of the Agreement to be performed upon mutual agreement by the CITY and CONTRACTOR that shall specify the change ordered and the adjustment of time and compensation required therefore. 4.02 Any services added to the scope of this Agreement by a change order shall be executed in compliance with all other applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in the duly executed change order. 4.03 The CONTRACTOR shall be paid by the CITY a monthly amount representing fees for the services provided computed as: 4.03 (a) Six and one-quarter percent (6.25%) of all monies collected by CONTRACTOR, excluding amounts collected from Florida Medicaid, plus 4.03 (b) Seven and one-half dollars ($7.50) per Florida Medicaid account, whether or not such account is ultimately paid by Florida Medicaid, plus 4.03 (c) An amount of Seventy-five cents ($0.75) per billed transport for providing patient required HIPAA-compliant Privacy Notice per Scope of Work (Exhibit A), plus Contractor reserves the right to increase these fees if postage is increased by the United States Postal Service, but only to cover additional postage costs. 4.04 The CITY shall issue a check for the amount invoiced, within thirty (30) days of receipt and acceptance of an accurate invoice. Contractor will resolve any disputed amounts within 60 days from the date CITY gives notification. 4.05 The CITY shall bear the cost of any and all Lock-box services. CITY, should they elect to participate in any credit card acceptance program, agrees to assume and be responsible for all costs associated with such program. All other costs incurred by CONTRACTOR in the performance of services as specified herein (including, but not limited to postage, materials, communications and phone costs and other operating costs) shall be assumed by the CONTRACTOR. 5. REPORTS. The CONTRACTOR shall provide the CITY with status reports as set forth in Exhibit A and other reports as mutually agreed. The CONTRACTOR shall also provide changes to such reports and ad hoc report requests on a reasonable basis and as mutually agreed. CONTRACTOR reserves the right to charge an additional fee for any programming cost associated with ad hoc reports that would require more than a reasonable amount of time to accomplish. 6. DATA TO BE FURNISHED BY CITY. The CITY will make available to the CONTRACTOR, for use in performance of services under this Agreement, all available reports, studies or any other materials in its possession that may be useful to the CONTRACTOR. All material furnished by the CITY will not be disclosed to any party, other than as required under the scope of the Agreement, without the CITY's prior written approval. 7. INDEPENDENT CONTRACTORS. The CONTRACTOR is an independent contractor and not an employee or agent of the CITY with the following exception: To the extent necessary to fulfill its billing and collection efforts under the Agreement, the CONTRACTOR is authorized to sign in an administrative capacity for the CITY the following types of standard forms and correspondences only: probate filings; letters to patients or their representatives verifying that an account is paid in full; forms verifying the tax-exempt status of the CITY; and insurance filings and related forms. The CONTRACTOR has no authority to sign any document that imposes any additional liability on the CITY. The CONTRACTOR shall retain full control over the employment, direction, compensation and discharge of all persons assisting in the performance of service by CONTRACTOR. The CONTRACTOR shall be fully responsible for all matters relating to payment of employees, including compliance with Social Security, withholding tax and all other laws and regulations governing such matters. The CONTRACTOR shall be responsible for its own acts and those of its agents and employees during the term of this Agreement. The CONTRACTOR is not entitled to participate in any pension plans or other employee benefits provided by the City. 8. INDEMNIFICATION. The CONTRACTOR shall indemnify, defend and hold the CITY harmless from any and all claims, losses and causes of action which may arise out of the performance of this Agreement as a result of an act of negligence, of the CONTRACTOR, its employees, agents, representatives, consultants, or its SUBCONTRACTORS. 9. INSURANCE. CONTRACTOR shall procure and maintain for the duration of the Agreement, the following insurance coverage: 1) Workers' Compensation Insurance in compliance with the applicable state and federal laws 2} General Liability insurance in an amount no less than $1,000,000 per occurrence. 3} Coverage for business interruption, destruction of data processing equipment and media, liabilities affecting accounts receivable, contracts and independent contractors and, valuable documents in an amount no less than $100,000 aggregate; 4} Liability coverage for all vehicles whether owned, hired or used in the amount of $500,000; and The policies are to contain, or be endorsed to contain, the following provisions: a. General Liability and Automobile Liability Coverage (CITY is to be named as Additional Insured). 1. The CITY, its officers, officials, employees and volunteers are to be covered as additional insured as respects; liability arising out of activities performed by or on behalf of the Contractor, including the insured general supervision of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protections afforded the CITY, its officers, officials, employees or volunteers. 2. The Contractor's insurance coverage shall be primary insurance as respects the CITY, it officers, officials, employees and volunteers. Any insurance of self- insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Contractor hereby waives subrogation rights for loss or damage against the CITY. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Companies issuing the insurance policy, or policies, shall have no recourse against the CITY for payment of premiums or assessments for any deductibles with are all at the sole responsibility and risk of Contractor. b. All Coverage Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. Contractor shall furnish the CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies at any time. 10. OWNERSHIP OF DOCUMENTS. CONTRACTOR shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. The CONTRACTOR agrees that any and all documents, records, disks, and electronic data produced in the performance of this Agreement shall be the sole property of the CITY, including all rights therein of whatever kind except as may otherwise be provided hereinafter. 11. ATTACHMENTS. The following named attachments are made an integral part of this Agreement: A. Scope of Work (Exhibit A attached hereto and made a part hereof). 12. TERMINATION. During the time of this agreement the CITY may terminate this Agreement either for convenience or for default after first giving to CONTRACTOR thirty (30) days written notice. Notwithstanding any other provisions of this Agreement, the Agreement may be terminated by CITY if CONTRACTOR has violated a term or provision of this Agreement pertaining to CONTRACTOR's material obligations under the HIPAA privacy rule, or if CONTRACTOR engages in conduct which would, if committed by CITY, result in a violation of the HIPAA privacy rule by CITY. For cases of default, the CONTRACTOR shall be given opportunity to cure the default within the thirty (30) day period following such written notice. In the event the acts constituting default are a violation of law, CONTRACTOR shall be subject to immediate termination of Agreement. Upon termination for any cause, the CONTRACTOR shall submit an invoice(s) to the CITY in an amount(s) representing fees for services actually performed or obligations incurred to the date of effective termination for which the CONTRACTOR has not been previously compensated. Upon payment of all sums found due, the CITY shall be under no further obligation to the CONTRACTOR, financial or otherwise. For purposes of this section, the notice period begins when the CONTRACTOR receives written notice from the CITY. 13. UNCONTROLLABLE FORCES. Neither the CITY nor CONTRACTOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, terrorism and governmental actions. Neither party shall, however, be excused from performance if non-performance is due to forces that are preventable, removable, or remediable nor which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14. JURISDICTION, VENUE and CHOICE OF LAW. All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this agreement shall be filed in Palm Beach County, Florida, which shall be deemed proper jurisdiction and venue for the action. 15. NON-DISCRIMINATION. The CONTRACTOR shall not discriminate on the basis of religion, race, sex, marital status or handicap in the performance of this Agreement. 16. ASSIGNMENT OF AGREEMENT. Except to a parent, subsidiary, or affiliate, the CONTRACTOR shall not sell, transfer, assign or otherwise dispose of this Agreement or any part thereof or work provided therein, or of its right, title or interest therein, unless otherwise provided in the Agreement, without express prior consent by the CITY. 17. NOTICES. All notices pertaining to this Agreement shall be delivered or mailed to such party at their respective address as follows: To the CITY: David Harden, City Manager City of Delray Beach 100 N.W. 181 Avenue Delray Beach, FL 33444 To the CONTRACTOR: Brad Williams Vice President, Finance Advanced Data Processing, Inc. 500 NW 165 Street Road, Suite 104 Miami, Florida 33169 18. REPESENTATION AND WARRANTY. CONTRACTOR represents that they have experience and agrees to follow all Federal, State and Local Laws including, but not limited to, Public Records Laws and those laws and statutes applicable to discrimination. 19. SEVERABILITY. Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected thereby. 20. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties. The CONTRACTOR represents that in entering into this Agreement it has not relied on any previous oral and/or implied representations, inducements or understandings of any kind or nature. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By: City Clerk CITY OF DELRAY BEACH By: , Mayor Approved as to Form: By: City Attorney CONTRACTOR: Advanced Data Processing, Inc. A Delaware Corporation DOUG SHAM ON PRESIDENT (CORPORATE SEAL) STATE OF FLORIDA MIAMI-DADE COUNTY BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Doug Shamon, as President of Advanced Data Processing, Inc., a Delaware corporation, and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the instrument is the act and deed of the Contractor. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on , 2006. Notary Public, State of Florida at Large My Commission expires: Exhibit A: Scope of Services The Contractor shall perform the following scope of services for City pursuant to the terms of this Agreement as follows. I. Provide timely, accurate, and efficient billing and collection service for Emergency Medical Services treatment and transport with an emphasis on an accelerated turnaround between services provided and payments received. 2. Provide any necessary training to appropriate officials ofthe Delray Beach Fire Department regarding the proper documentation and recordation of information on any log, report, ticket or other document used to record the provision of Emergency Medical Services treatment and transport by the City. 3. Provide prompt and accurate submission of Medicare, Medicaid and insurance claims within ten (10) business days upon receipt of any log, report, ticket, or other document used to record the provision of Emergency Medical Services treatment and transport by the City. Receipt of such information shall require Contractor to commence Services provided in this Agreement. Secondary insurance provider claims shall be submitted for payment within ten (10) business days after the primary insurance provider has paid or otherwise processed the claim relating to Emergency Medical Services treatment and transport by the Delray Beach Fire Department. 4. Conduct any necessary follow-up on any Medicare, Medicaid and insurance claims that are either rejected or inactive in order to accelerate payment of monies due to the City under this Agreement and use due diligence to assist in correcting any deficiencies causing the rejection or inactivity of the claim, including the resubmittal of claims on behalf of the City or the preparation of and collection of information relating to any third party claims that become known during its due diligence. 5. Reconcile the number of transports performed by the Delray Beach Fire Department for emergency medical services with the number of transports transmitted to Contractor in order to ensure the accurate recovery of any amounts due to City. 6. Provide a designated liaison to City whose responsibility will be to address patient and payor concerns relating to emergency medical services provided by the City. The designated liaison shall also be responsible to convey such information to City upon request and shall provide survey questionnaires to users of emergency medical services provided by City from time to time, upon request by City. 7. Provide a local customer-related service inquiry contact in order to facilitate the exchange of information relating to the submittal of claims. 8. Diligently attempt to collect all balances due to services rendered as well as determine and document the ability of any patient to repay any debt owed to City and, if necessary, accomplish such debt repayment through the use of extended time payments subject to approval by City. 9. All requests for refunds will be forwarded to the City for any possible reconciliation. Refund requests will be forwarded to the City on a monthly basis. It will be the responsibility ofthe City to issue any refunds to the appropriate party. 10. The Contractor shall provide to the City all unpaid invoices along with the complete processing history once collection efforts described herein are exhausted. At the termination of the agreement the Contractor shall turn over all existing information in its possession concerning then existing unpaid accounts to the City. Such information shall be transmitted by an electronic medium (magnetic tape or diskette) reasonably acceptable to the City. 11. The Contractor shall provide sufficient personnel to process all billing/run tickets in a timely, efficient and effective manner and shall respond promptly to the City and patients on requests for information or records. 12. Contractor shall use any confidential records of care or treatment of patients solely for the purpose of processing and collecting claims and shall not release any such information in any legal action, business dispute or competitive bidding process other than disputes with the City over billing services. Contractor further agrees to not release any medical records or patient information or any other documents related thereto and obtained under this Agreement to any third-party unless specifically provided and permitted by law. 13. Accounts are subject to be reviewed by the City, and being available during normal working hours to authorized City personnel. A listing of those personnel shall be provided by the City. 14. The City reserves the right to terminate this contract after (30) day written notification to the Contractor. 15. The City agrees to work with the Contractor to provide the required run information to best facilitate the billing process. 16. Contractor agrees to mail the HIP AA Notice of Privacy Practices to all transported patients in order to be in compliance with HIP AA regulations which requires patients to be notified of the City's privacy practices related to Protected Health Information (PHI). This notice will be provided with the initial invoice. 17. The following reports shall be prepared and submitted by the Contractor for review by the City. All discrepancies shall be brought to the attention of the Contractor within (10) days. Reports Patient AccountslRun Number Cross Reference End of Month Report Totals Confirmation Transport Billed Run Number and Invoice Number Accounts Receivable/Aged Trial Balance Payments by Deposit/Collection Report Run Ticketffransport Tracking Report Corrections Patient Account and Claim Follow Up Adjustments Report Deposit Total Confirmation Daily Cash Receipt Recap by Deposit Collections by Payee Group Frequency Monthly Monthly Monthly Monthly Weekly/Monthly Monthly Upon Request Monthly Daily/Monthly Daily/Monthly Monthly 18. CONTRACTOR shall carry out its obligations under this Agreement in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), to protect the privacy of any personally identifiable protected health information ("PHI") that is collected, processed or learned as a result of the Billing Services provided hereunder. In conformity therewith, CONTRACTOR agrees that it will: a. Not use or further disclose PHI except as permitted under this Agreement or required by law; b. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this Agreement; c. To mitigate, to the extent practicable, any harmful effect that is known to CONTRACTOR of a use or disclosure of PHI by CONTRACTOR in violation of this Agreement. d. Report to CITY any use or disclosure of PHI not provided for by this Agreement of which CONTRACTOR becomes aware; e. Ensure that any agents or subcontractors to whom CONTRACTOR provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to CONTRACTOR with respect to such PHI; f. Make PHI available to CITY and to the individual who has a right of access as required under HIPAA within 30 days of the request by CITY regarding the individual; g. Incorporate any amendments to PHI when notified to do so by CITY; h. Provide an accounting of all uses or disclosures of PHI made by CONTRACTOR as required under the HIPAA privacy rule within sixty (60) days; i. Make their internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the Department of Health and Human Services for purposes of determining CONTRACTOR's and CITY's compliance with HIPAA; and j. At the termination of the Agreement, return or destroy all PHI received from, or created or received by CONTRACTOR on behalf of CITY, and if return is infeasible, the protections of this Agreement will extend to such PHI. 19. The specific uses and disclosures of PHI that may be made by CONTRACTOR on behalf of CITY include: a. The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by CITY to its patients; b. Preparation of reminder notices and documents pertaining to collections of overdue accounts; c. The submission of supporting documentation to carriers, insurers and other payers to substantiate the health care services provided by CITY to its patients or to appeal denials of payment for same. d. Uses required for the proper management of CONTRACTOR as business associate. e. Other uses or disclosures of PHI as permitted by the HIPAA privacy rule. CITY's Responsibilities: 1. CITY will provide Contractor with patient encounter information on a timely basis and in sufficient detail to support diagnosis and procedure coding. CITY will also provide patient demographic information necessary for accurate patient identification including name, address, social security number, date of birth, and telephone number. Where possible, CITY will obtain and provide contractor with patient health insurance, auto insurance, or other insurance information. 2. CITY will provide Contractor with necessary documents required by third parties to allow for the electronic filing of claims by Contractor on CITY's behalf. 3. CITY will provide Contract with its approved billing policies and procedures including fee schedules and collection protocols. CITY will be responsible for engaging any third party collection service for uncollectible accounts after Contract has exhausted its collection efforts. 4. CITY will timely process refunds identified by Contract for account overpayments. 5. CITY will provide a Lock Box address to Contract and will instruct Lock Box to forward all Lock Box documents to Contract for processing. 6. CITY will provide CONTRACTOR with Daily Bank Balance Reporting capabilities via the bank's designated web site. 7. CITY will cooperate with Contractor in all matters to ensure proper compliance with laws and regulations. h6tr1{ [IT' DF DElRAY IEA[H CITY ATTORNEY'S OFFICE :'()() NW ht AVEN l I ' nIl RAY BEACH. FLORIDA 33444 TFLEPHONE: )6Ir'-LL 7{j'l". IACSIMILE: 561/278-4755 DELRAY BEACH Writer's Direct line: 561/243-7090 --- AII.America City , III I! DATE: MEMORANDUM October 23,2006 1993 2001 TO: City Commission David T. Harden, City Manager FROM: Terrill Barton, Assistant City Attorney r'fh SUBJECT: Resolution No. 67-06 - Transfer of Three Properties to the Community Land Trust Attached to this memorandum please find Resolution 67-06, and the corresponding contract, both of which propose to transfer three (3) properties from the City to the Delray Beach Community Land Trust, Inc. for affordable housing purposes. Please place the resolution and corresponding contract on the agenda for the November 7, 2006 City Commission meeting for consideration. TCB:smk Attachment cc: Chevelle Nubin, City Clerk IO.ft RESOLUTION NO. 67-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER/SELL THREE (3) PARCELS OF REAL PROPERTY IN THE CITY OF DEL RAY BEACH WHICH ARE LOCATED AT 802 S.W. 3RD STREET, 1012 N.E. 3RD AVENUE AND 119 S.W. 9TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNITY LAND TRUST, INC., TO BE UTILIZED FOR AFFORDABLE HOUSING PURPOSES. WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell properties located at 802 S.W. 3rd Street, 1012 N.E. 3rd Avenue, and 119 S.W. 9th Avenue, for the purpose of providing affordable housing as part of the Community Land Trust; and WHEREAS, the City acquired the properties from the County as the result of unpaid property taxes; and WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray Beach, Florida, to transfer/sell said properties for the purpose described above; and WHEREAS, the City Commission has determined that the transfer/sale of the properties described above will promote the general welfare of the residents of the Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section I. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer/sell property located at 802 S.W. 3rd Street which is described as: the West 79 feet of the East 104 feet of the North 12 of the North 12 of the Southeast 1,4 of the Southeast v.. of the Southwest v.. of Section 17, Township 46 South, Range 43 East, Delray Beach, Florida, less the N.25' thereof, to the Delray Beach Community Land Trust. Section 2. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer/sell property located at 1012 N.E. 3rd Avenue, which is described as: Lots 3 and 4, Block 8, Dell Park, according to the map or plat thereof as recorded in Plat Book 8, Page 56, Public Records of Palm Beach County, Florida, to the Delray Beach Community Land Trust. Section 3. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer/sell property located at 119 S.W. 9th Avenue, which is described as: Lot 29, Lincoln Park, according to the map or plat thereof as recorded in Plat Book 23, Page 160, Public Records of Palm Beach County, Florida, to the Delray Beach Community Land Trust. Section 4. That the terms and conditions contained in the Contract for Sale and Purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the _ day of , 2006. ATTEST: MA YOR City Clerk 2 RES. NO. 67-06 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR II SERYICes. Ufe 1" PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation ("Seller"), 2" and DELRAY BEACH COMMUNITY LAND TRIIST t TNr.. ("Buyer"), 3 hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively 4 "Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"): 5 I. DESCRIPTION: 6" (a) Legal description of the Real Property located in Pa 1 m Beach County, Florida: 7" (See legal descriptions attached hereto and made a part hereof.) 8" 9" (b) Street address, city, zip, of the Property: 10 (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) 11 unless specifically excluded below. 12" Other items included are: 13" 14" Items of Personal Property (and leased items, if any) excluded are: 15" "As Is" 16* II. PURCHASE PRICE (U.S. currency): . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PAYMENT: 18* (a) Deposit held in escrow by (Escrow Agent) in the amount of (checks subject to clearance) $ 19" (b) Additional escrow deposit to be made to Escrow Agent within _ days after Effective Date 20" (see Paragraph III) in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 * (c) Financing (see Paragraph IV) in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22* (d) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject 24* to adjustments or prorations. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 26 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties 27* on or before , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. 28 UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE 29 THE COUNTEROFFER IS DELIVERED. 30 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or 31 the final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined 32 above for acceptance of this offer or, if applicable, the final counteroffer. 33 IV. FINANCING: 34* X:I<(a) This is a cash transaction with no contingencies for financing; 35" Q (b) This Contract is contingent on Buyer obtaining approval of a loan ("Loan Approval") within _ days (if blank, then 30 days) after 36* Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): Q a fixed; Q an adjustable; or Q a fixed or adjustable rate loan, in the 37* principal amount of $ , at an initial interest rate not to exceed %, discount and origination fees not to exceed 38* % of principal amount, and for a term of years. Buyer will make application within _ days (if blank, then 5 days) 39 after Effective Date. Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller in writing of Loan Approval by 40 Loan Approval Date; satisfy terms and conditions of the Loan Approval; and close the loan. Loan Approval which requires a condi- 41 tion related to the sale of other property shall not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan 42 expenses. If Buyer does not deliver written notice to Seller by Loan Approval Date stating Buyer has either obtained Loan Approval or 43 waived this financing contingency, then either party may cancel this Contract by delivering written notice ("Cancellation Notice") to the 44 other, not later than seven (7) days prior to Closing. Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to 45 Seller written notice waiving this financing contingency. If Buyer has used due diligence and has not obtained Loan Approval before 46 cancellation as provided above, Buyer shall be refunded the deposit(s). Unless this financing contingency has been waived, this 47 Contract shall remain subject to the satisfaction, by Closing, of those conditions of Loan Approval related to the Property; 48" Q (c) Assumption of existing mortgage (see rider for terms); or 49* Q (d) Purchase money note and mortgage to Seller (see "AS IS" Standards Band K and riders; addenda; or special clauses for terms). 50* V. TITLE EVIDENCE: At least -3..0.. days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instru- 51 ments listed as exceptions attached thereto ("Title Commitment)" and, after Closing, an owner's policy of title insurance (see "AS IS" 52 Standard A for terms) shall be obtained by: 53" (CHECK ONLY ONE): Q (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or 54" Xl (2) Buyer at Buyer's expense 55* (CHECK HERE): Qlf an abstract of title is to be furnished instead of title insurance, and attach rider for terms. 56* VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on Novpmhpr 111, 2006 ("Closing"), 57 unless modified by other provisions of this Contract. If Buyer is unable to obtain Hazard, Wind, Flood, or Homeowners' insurance at a rea- 58 son able rate due to extreme weather conditions, Buyer may delay Closing for up to 5 days after such coverage becomes available. 59 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning, 60 restrictions, prohibitions and other requirements imposed by govemmental authority; restrictions and matters appearing on the plat or otherwise 61 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record FAR/BAR ASIS-1 Rev. 7/04 @ 2004 Florida Association of REALTORS" and The Florida Bar All Rights Reserved Page 1 of 4 $ 30.00 -0- $ $ $ -0- -0- -0- -0- $ 62 (Iocat~d contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the sidl 63 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, sel '64* addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for 65* res i dent i a 1 purpose(s). 66 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intende< 67 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to "AS IS" Standarc 68 F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible am 69 liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy. 70 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all print 71 ed provisions of this Contract in conflict with them. 72* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer Q may assig!,!.and thereby be released from any further liability under this Contract; '.J ma~ 73* assign but not be released from liability under this Contract; or Umay not assign this Contract. 74 XI. DISCLOSURES: . 75* (a) Cl CHECK HERE if the Property is subject to a special assessment lien imposed by a public body payable in installments whict 76* continue beyond Closing and, if so, specify who shall pay amounts due after Closing: iJ Seller iJ Buyer '.:J Other (see addendum). 77 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks tc 78 persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida 79 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 80 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional informatior 81 regarding mold, Buyer should contact an appropriate professional. 82 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S. 83 (e) If the real property includes pre-1978 residential housing, then a lead-based paint rider is mandatory. 84 (f) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. 85 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA. 86 nON/COMMUNITY DISCLOSURE. 87 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNl 88 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER 89 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES 90 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 91 XII. MAXIMUM REPAIR COSTS: DELETED 92* XIII. HOME WARRANTY: 0 Seller 0 Buyer Xl N/A will pay for a home warranty plan issued by 93* at a cost not to exceed $ . 94* XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have 60 days from Effective Date ("Inspection Period") within 95 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the Sellel 96 during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage to and restora- 97 tion of the Property resulting from such inspections; and (c) if Buyer determines, in Buyer's sole discretion, that the condition of the Propert; 98 is not acceptable to Buyer, Buyer may cancel this Contract by delivering written notice of such election to Seller prior to the expiration 01 99 the Inspection Period. If Buyer timely cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyel 1 00 and Seller shall be released of all further obligations under this Contract, except as provided in this Paragraph XIII. The above provision (b) 101 shall survive termination of this Contract. 102 xv.. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract: 103* 0 CONDOMINIUM 0 VA/FHA 0 HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE 104* 0 INSULATION 0 Other Comprehensive Rider Provisions iJ>>.ddenda 105* Special Clause(s): 106* 107* 108 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy 109 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract. 110 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 111 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 112 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORSl!> AND THE FLORIDA BAR. 113 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a 114 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining 115 positions of all interested persons. 116 AN ASTERISK(*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. 117*DELRAY BEACH COMMUNITY LAND CITY OF DELRAY BEACH 118 (BUYER) TRUST, INC. (DATE) (SELLER) (DATE) 119* By: By: 120 (BUYER) (DATE) (SELLER) (DATE) Tax 10 No. 20-4162352 Tax 10 No. 59-6000308 121 * Buyers' address for purposes of notice Sellers' address for purposes of notice 122* :ifl N. Swinton Ave. 100 N.W. 1st Ave. 123* Delray Beach, FL 33444 276-8640 Phone Oelray Beach, FL 33444 243-7000 Phone 124 BR8I([:nG. Th~ l~" el(cri3 (iPieh::Jail'l!!l eS6l!'Jeratil'l!!l erell6fi3, if aFl)) f1al'Fl~e1 !:leis.. are ti'1e SRI) erel(E!r!s eFltitleel ts eeA'lf39F1setisFl i1'1 ElS1'1FlestisFl 125 ~. it'" ti'lii3 Oe" tl &a~. 126* Name: 127 .Q8a~~1 alil.a Bf8llel'!S, if al'l~ Li"ti"l::I B. ...h..... FAR/BAR ASIS-1 Rev.7/04 @ 2004 Florida Association of REALTORS" and The Florida Bar All Rights Reserved Page 2 of 4 128 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS 129 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer. upon recording of the deed to Buyer. 130 an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to matters con- 131 tained in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards 132 adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiving the Title Commitment to examine it, and 133 if title is found defective. notify Seller in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove 134 the defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a rea- 135 sonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects: or (2) requesting a refund of deposit(s) paid which 136 shall be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall. if title is found unmar- 137 ketable, use diligent effort to correct defect(s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either 138 waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the 139 Title Commitment and it is delivered to Buyer less than 5 days prior to Closing. Buyer may extend Closing so that Buyer shall have up to 5 days from date of 140 receipt to examine same in accordance with this "AS IS" Standard. 141 B. PtJRell~E: MGfJC"'( MOFFretAGC, 3E:etJRITY ASAE:f:ME:r4T TO 3!LLEft A l-'ull;,..lld:::'C IIIUIICY IIIUILYd.YC c1IIJ IllUllYdye IIUl~ lu 3cllc~ .:J1,all ~luv;Jr;:; fv, a36 142 ea) ~ra8e I!el iesel jpq tR6 aveRt sf a~fal1lt if a 'Mfst ml3Ftg6~..... 51.d a 15 day graGG t-"l;;1 ;......J ;r a ~:fl::;""'UIIJ VI 1l;,J.;)c, IIIUd~a!:lct ~Ildl; I-IIUV;Jt:: fu, ';':::II.l of t-'1\Jt-'UYlllvlll ;1. nI.G\(.. 143 61;" palt n;lLOul pGI.l5It), ~l,all ,:)(..IIII;t c!.t(.Gl./(... at;OIl ;l, ""''-'lIl vf l. QII,;)fc. "oJ lilt;; ncal Yl vt-Jt::lly, ;;>11C1IlIt::YU;It:: all J..J1 iUI 1;ll:1I;::) QI ,J t;;IIIJUllIL...1 r:111\"C~ Lv be.. k~pt ;[ I gooJ .bl611d 144 iR?J; 3RsII faraieJ ffi5eHfieatioR3 6f, 6r ftJttJlG advance! under, ptior fhoI1ga~e{s), sllalllt:::yu;le Buyel to 11!C1illl"';1I pol;\,,;t::~ uf ;II':'UI d,!!L.C vUllta;,I;llg ~ ~lQIIJa,J IIIVll~1l9C(" 145 3la~ee 6a.eriP'l~ all ifXf"lrar8.8~6p<Jt~ la~atz.a el, th~ nGal rlo~"",ty ~~l.;,,~l r;,1.; J.IIJ QII ,....~I;I.;;J ;11\JluJ-o;;:;J vv;U';lllI,c It:;llll 'C^lClIJ~J v......Vt:;IQ~.... 'oJlljG.I..1~II'I.;..tJn !1lld Jdcll 146 \,..rlL....I. ;-..1li~ tl, H1I-'\"o,;L ~ C~IIGI .. ,a) 1 Gl.J611al3I, I ~Cll1il (:., ill ~II aR ,6l1..t GCit.al to tI.G;, L;~I.("Jt ;,,!UI13.bl~ vl1k..6, &Ila tFic rFIortgage:., Rate a~a saaufity a~Fe8meAt etxlall 147 bw vU lei vv;s~ ill f0111l and contel,t lequiled by Seller, but 8ellel Ilu.~,y ollly '~ctu;le G.!Qu;::)c,:, O.llJ \"vvcla~'I:O \JU.:.lUIIl~1 ;Iy fo!.." ,d ;11 "'VIL~QgQ, I "el~~age; rlate3 aR6 3C6b1 148 I it) a~l ee, ...s.I.b ~GI ,el all1l1tiliE~d [" .)t1v;llgJ, l\1 ,ei 1015.1. il h!tituCO"J 0, .!ta1:~ VI I lCll;VIIClI LClIlh.:. lu....alcJ ;11 lIlc \"vulIly vvlICH::.ilI lite nCClI rIOp~lt, i3 !OGM!d, AU rG.fJ6.IElI 149 rlVtJ\"o,l, Ql,J Icu~\j~ Lc;,,~ vv""....y\"od Ul U-..1-..1:~II\"Od v~:I1, ul ~lJL,.~ vl.A;VII, Lc ~uLjw\"l Lv LIlt:; 1;t:;11 .....r ~ ~""""""'l;ly a~I~G-~8.nt e..iaSFl86!a '19)' 150 '"",,,",VI a...d ..:... f:1~~ fiP'lafleiRg 3tatern~f1t:s 61 eel;ifieatea sf title.. If a 13allo5R ffl~li~agl;., lL..:.. hi j~l.I ~~'II'(..lIl uill ~xG........d tL..:.. ~..)I ;6j;<:, l3a, P'?IG-J.ta t~efBaPl, 151 C. SURVEY: Buyer, at Buyer's expense. within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi- 152 fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback 153 lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. 154 D. WOOD DESTROYING ORGANISMS: DELETED 155 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described 156 in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS IS" Standard A without exception for lack of legal right of access. 157 f. LEASI:G. 8~llel !Iaall c!ll~a3t 18 Jc!...y~ Lvt\...,G OIV~;llg, ftJl F1i3n to DUy61 G.u....,;c.:. uf all VV,;ltbll I\::;Qo:Ic;:) QIIJ \::;.:.lut-J}JcllcLLll:';) flul!! I:::;avl I It::!IC:lItl.:.tJ~....;I);'19 ~ Ie IlaluI'C 158 allJ JUIQl;VII vf 1I1w twlIQlIL'~ ..............~?QIIGy, lG.lltallmGJ, c5.avdllGGa 11.J"lt ll"d 3Z-c.l11 it) dEJ5o.);t3 pll:d b, t61 n!il,t. If O~JI<:'I ;3 ul,ablG tQ obtail'! JtJG.M I"Mel fffim SaaR teA- 159 aflt, tn~ 3amf: iRfermMiorl 3Rall be ftJfrli3J.Gd by OGIIGI to Du)cl uitlali" 1I.bt 11111(. ~~I ;~d ;11 1IlC fVI II I vf Q Jcllc, '0;) gfF;Jav;L, c;.lIlJ Duyc, II lay U 1\.#1~{..rlGI Go~ ,tfict tel.- 160 a"t to 331.1h I, 1 s~ajsq if\f61 fflatisFI. If tR6 t6rplfl~ af tFie le:a:3c~ eti1k;r ffiMf:1 iaIl) fram Cellcl 'o! I ~pI6.3~'ltal;v, "~J DUY!.I IIIQY ll;;Olll Iii IQlw lni! 001 It I act b) aEILreriR~ .writ 161 1':'11 J loti3o t5 Oe:.II~1 at l~aJt 5: a~3 I5ri61 te CI5~i"~. Cellar 3"811, at Olo5il,gJ aeli"e:.1 aJ ,d 6JJi~11 etU 01 ;~;lIdl k.~J~w Lv Dt.lyGI. 162 G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, 163 claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme- 164 diately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction 165 liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such gen- 166 eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a 167 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. 168 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent ("Closing 169 Agentj designated by the party paying for title insurance, or, if no title insurance, designated by Seller. 170 I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided 171 for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. 172 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title. construction lien affidavit, owner's possession affidavit, assignments of leas- 173 es, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall fumish mortgage, mortgage note, security agreement and financing statements. 174 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained 175 from Seller or third party). including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, 176 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer. 177 Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title evidence, title examination, and closing 178 fee Qncluding preparation of closing statement), shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V. 179 L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. 180 Buyer shall have the option of taking over existing policies of insurance, if assumable. in which event premiums shall be prorated. Cash at Closing shall be increased 181 or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance rent and 182 security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax 183 with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's millage is not 184 fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not 185 available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing, which improve- 186 ments were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed 187 upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemp- 188 tions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill. 189 M. SPECIAL ASSESSMENT LIENS: Except as set forth in Paragraph XI(a), certified, confirmed and ratified special assessment liens imposed by public bod- 190 ies as of Closing are to be paid by Seller. Pending liens as of Closing shall be assumed by Buyer. If the improvement has been substantially completed as of 191 Effective Date, any pending lien shall be considered certified. confirmed or ratified and Seller shall, at Closing, be charged an amount equal to the last esti- 192 mate or assessment for the improvement by the public body. 193 N. INSPECTION AND REPAIR: DELETED 194 G. R181{ er beeS. If ti'le rl eJ!lert1 iJ aal'l.a'::je..::f ~1 r;. (. v. oH .'-. ....."u..lty b~fo. ~ Ol..,,,;..!:/ al.e:! (.03t ef . '-.3tel atisfl sees fist eHseea 1.5% sf ti'le rl!lrSR888 PPi8lJ, 195 ,,",u.:.l \.If .w~lVlgl;vll ~1'Cl.1I Dl;;O QIl vLI;l:1al;V,1 l.J 3cll-O;;:;I allJ Ol.......;t;ll~ ;)IIClII tJ1V\"tccJ t-"'ul;::)uc:;ull tv 1I1c l'l:Ollll~ \.,If lIl;':' O......IIL~Gt n;tL 1..:..:,t6IaCoR aa.3tJ ':'6olo...aa at 196 OI6J;IIg. If tRl. 66Jt ~f . ,:.Jt....,~l;....1I ~H.:...:.~aJ 1.S9t ....f 1I1'oJ r ~;,,",L~~w rl ;""'\00, Buyw' ~1'1;41l \"o;Ulvl lclh.c lIlw P'lv~~ll, u~ ;w, t..)9\oolL....1 u;tL ~IU,.I~, tL.:. 1.S9~ ~I (if'll iP'l3111 197 a..~':' ?laae5aa pd]dE.Il.15j \/i1tu~..;.,r .1\",1(..11 16~.!......., JQIIl119~, VI 1-O;;:;\"rc;;VC G1lcfullJ uf Jc~v;:)il~/' UIl::!cGy I';JlvQ;)o;II~ OUY'='I QIIJ 3i;;lIcl [IUIII all fUllI'wl uLI;~gl;Vl"!.o 198 UIIJvl 111;~ 6...,lllIQ.....1. 199 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841, 200 F.S., as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following FAR/BAR ASIS-1 Rev. 7/04 @ 2004 Florida Association of REALTORS" and The Florida Bar All Rights Reserved Page 3 of 4 201 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 202 closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closin!; 203 (2) if Seller's title is rendered unmarketable. through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Selle . 204 shall have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing fund: 205 shall, upon written demand by Buyer and within 5 days after demand. be returned to Buyer and, simultaneously with such repayment, Buyer shall retun 206 the Personal Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails t( 207 make timely demand for refund, Buyer shall take title as is. waiving all rights against Seller as to any intervening defect except as may be available t< 208 Buyer by virtue of warranties contained in the deed or bill of sale 209 a. E68Ae.;:. Au, Olv~:II~ A~~"l VI ,",,~,",Ivn u~\"o"l (~....,lk.......l;v":'IJ "A~"","l") H;'O....v;V;,I~ fUIIJ~ '-'I c;yu;vQlvlll;,;;. CluLl,vl;""I.;.J gild 6.~I""'~~ by aC~~,5tllll-~~ 6f tI.G"1 t{ 210 iL.:"~\.,I~:L th~1I1 ~f(,'JI~tJ'l Reid .3aYl,~ in !..J~la.. alia, 3l.ibj~Gt to GI6ala"C!, J;wLul6e L1lea";1I Q\..o....uIJall.....c vv;U, tC.II.b ClIIJ ....vIIJ;L;OIh! of tL;! COlltJ!aC.t. r&.;IUll 211 uf fu"a.'l t.:. ~Ia.. .:."'slll'lst eust:lse Qt:l) ep's I3sRsrFflsRss. If iR eSt:lBt as ts :,gel'lt'3 elt:lties III liaeilitis3 l:J"eler the jSre.i3illR3 Ilft"'i3 CSRtrsst, A!jeRt FflS;, s 212 '~1~6Fit'a 6~ti6p:J, eaFltiA~e te ~elB tfxla sblBjest matter af IRa saera H t:JF1til tR~ l3alii~J 1,(,,1 Ct6 a~Ic..G to ;t~ cJ;Jb~I.!Gj 11~llt 01 "",litH a j~a~P'fI6J7lt ef a aStiR af ssm 213 ~~Il...t jI:Jli3dietien 3"'811 eleterl'l'lim: tRe l'igi'ltt'l 6f tRe 19artie3, er A~el'lt R'l8) efe1503it 3al,,~ ..iti'i tI.e cleJl< ef ti'ie c:ilwit GGDI"f: Ra.iR!;l jtlfi3aieliell'l sf tFie eli3 214 J!tlte. .~A attar,;!) V.A6 rSt3f8SePlt3 a 158ft)' 8Ra 8136 8et~ 83 A~eRt R~a) f~J5r!.3GI,t JuG" party :,1 bu",l. ~Gl;611. UpVIl1l6l;fJ;II~ 6.11 part;~J e.arlGl..IIle.a of ~u,,1 215 t,lIo...l;VII, Q.1I1;ut.,;I;ly VII lL"", P~lt 6r A~"'llt .31.(..11 (tllIy k..JIH;H~l\J, \,;r^"'""tJl to tLe l;;O^lvlll vr Q.\"',"VUIIL:II~ fv, QIIJ ;ll;;OlIl.;) ~1~v;vu..!1l.1 aGIi,,"Ie-a BtJt af e~er'eu. If ( 216 I:""cllwcd 1 wgJ I;;;O~LC.LLv tllvkl.,.;l, A!:f'-"lIl n:U .....vlllt-'l.1 VI;tL ~I \,1\1 ;~;Vll~ vr OLu.ptG. 47S, r::J., u.;) 6.. uG.'IJcd. All! Ju;l L,,",,l,,,,~GI, Dl1) ~I 8fla E:eller .. RsreiFl .^.~eF1t ic 217 'lIdd~ a j5a.1). b~(3zu~l3a af aatilllJg) aa /\~eRt Mc.r~tJfu:lal, 6' iR liP'll Sl:Jit ..ke.lGj" Agc!lIt jllt~, plead.! tL~ .1uLjec.t IIIQlL<.1 of tLG (.,:)6Ia.., ^5itRt 3"all reesvsr fea 218 ~vllwb.l", '-6LLVH 1~1 t.... f~~J 3."d ~~':'l~ il,"'...."Ga ""jtJ I tL~.:,..... ~IIIV....lIl.1l..:.. b(. pG.;d r. VIII &lId v....l vr U n.... \J..,.....lvn~J rUII<.Jw 61 \J1..p...;",~ll."t ana 6har~ea ana aulil ae.! 219 aa eatll't eaat3 if'! fe..er sf t"'e 1518.ailil'l/J j!al"t). T"'8 '~'!:lcl.t 5"'all Rat ee lia~lc tll all) l5al't) III jS~IMI, fSI R.iaa~li.eIJ tel Gtl)E1r sr ~sllsr sf itsFflB sl!lsjest tc 220 tA8 88BfS'^', ~Ala98 BISBR R"IisBeli'w 0fY is Bt:l8 te v:iIIf1:lll3reasA af tAs ,srs\'iaieR5 af tRi3 CSfltraet BY ~r5.3~ neglige-Ree 6t .\gCRt 221 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation. arising out of this Contract, the prevailing party in suet 222 litigation, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or non agency relationships author- 223 ized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses. 224 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paic 225 by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consid. 226 eration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under thi~ 227 Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller tc 228 make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or eleC1 229 to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 230 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: Neither this Contract nor any notice of it shall be recorded in any pub- 231 lie records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall 232 include plural and one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as il 233 given by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile copy of this 234 Contract and any signatures hereon shall be considered for all purposes as an original. 235 U. CONVEYANCE: Seller shall convey marketable title to the Aeal Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as 236 appropriate to the status of Seller; subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the 237 request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. 238 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod- 239 mcation to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it 240 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer 241 or which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or implied, 242 as to the physical condition or history of the Property; and (3) Seller has received no written or verbal notice from any governmental entity or agency as 243 to a currently uncorrected building, environmental or safety code violation. 244 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, 245 including, but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear excepted. Seller shall, upon 246 reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to con- 247 firm that all items of Personal Property are on the Aeal Property and that the Property has been maintained as required by this "AS IS" Standard. Seller 248 will assign all assignable repair and treatment contracts and warranties to Buyer at Closing. 249 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with Closing or deferred) with respect to the 250 Property under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate in all reasonable respects to effectuate the 251 Exchange, including the execution of documents; provided (1) the cooperating party shall incur no liability or expense related to the Exchange and (2) 252 the Closing shall not be contingent upon, nor extended or delayed by, such Exchange. 253 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved in 254 the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the Buyer or 255 anyone claiming by, through, under or against the Buyer. Riders and contracts can be obtained by contacting Florida Lawyers Support Services, Inc. (407) 515-1501 FAR/BAR ASIS-1 Rev. 7/04 @ 2004 Florida Association of REALTORS" and The Florida Bar All Rights Reserved Page 4 of 4 LEGAL DESCRIPTION West 79 feet of the East 104 feet of the North one-half (~) of the North one-half (~) of the Southeast one-fourth (1/4) of the Southwest one-fourth (1/4) of Section 17, Township 46 South, Range 43 East, Delray Beach, Florida, less the North 25 feet thereof. AND Lot 29, LINCOLN PARK, according to the map or plat thereof as recorded in Plat Book 23, page 160, Public Records of Palm Beach County, Florida. AND Lots 3 and 4, Block 8, DELL PARK, according to the map or plat thereof as recorded in Plat Book 8, page 56, Public Records of Palm Beach County, Florida. ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRA Y BEACH, a Florida municipal corporation BUYER: DELRA Y BEACH COMMUNITY LAND TRUST, INC. 1. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. 2. The parties represent and warrant that there is no broker involved in this transaction to whom a commission would be due. DELRA Y BEACH COMMUNITY LAND TRUST, INC., Buyer CITY OF DELRA Y BEACH, Seller By: By: Date: Date: CJ f--- f---- I---- f---- f---- - - - - - - - - - - - - - - - - - - - - - ----., I S.W. f---- t---- '-- S.W. ...-- t---- f---- f---- - - - - - - - - ~ ~ I w > <( :r: I- - .--- I C::::::J I 1 1ST I I 2ND :oJ ; - ffim (I) :r: - - ==== -- \ \ lEtEB ~ ~ ffiTI I I i!:-I-- "'_I-- -I-- I- I-- -I-- - I-- - I-- 3i- I-- (1)_ I-- - I--- I I II w > <( t------ I--- f---- f---- f---- f---- I--- f---- '-- :r: 61--- ~ i-- -I-- - '---- >-.. -VI /~ - - - - 3i ,..- --.. . 3= (1)_ ,Ii t---- - - w- :::J z- W ~ - f---- - I--- - I--- - I---- -- Z 0:::- :::J gs- <( '-- --' S.w. I- (I) ~ W --l U 0::: U 17:;;;;:- V~: ~ r ~ N - CITY OF DELRA Y BEACH. FL PLANNING ole ZONING DEPARTlAENT - - - - - - - - - - - - - - - c----- - - '--~ AUBURN 0" <y"?- DR. 0::: U Z 0::: I~ CIRCLE NORTH )~ 3RD [I]][[ID - - - - - - S.W. 3RD CT. - - - - - :r:- - - ~- - ~ I [[[~ IT I II - - I T --c=::=J I---- - - ~- _I-- II \ I IIII Il \ - - I--- II II I II II -- -- - - f-- f-- f-- -f-- ~ST '--- '- II ~- ~ ST. - - - 802 SW 3RD STREET :r: _ :;;- - - - - - - - IIP=I - - - - - - - - - f-- r-- =r r-- r-- 3i I I 3i I I s: I I I 3if-- vi vi vi vif-- ~~ 6TH ST. '-- - ,........:..... .--- f--- f--- - - r-- f--- f--- - - f-- f--- f--- - - r-- f--- f--- - - r-- CITY OF DELRAY BEACH PROPERTY TRANSFER TO COMMUNITY LAND TRUST -- DIGITAL BASE MAP SYSTEM -- ImI SUBJECT PROPERTY MAP REF: I l "- HIGHLAND LN. / I - -u.! z N.E. - - - - N.E. c--- I-- - - N.E. I-- ~ '--- ~ N.E. - - N.E. '--- - - GEORGE - - N.E. 7TH ST. N.E. 6TH ST. ~DNE N - ==j; U BUSH ~H II t= '<{' =!l c I 1 I ST. I N. E. 14TH 13TH ST. ~ 11TH ST. ~~ Dmffi[ 5T 1 ) 9TH S~ ~"'. ~ q'?: ~<v ~"<' S 0-0 <<;i \\N.E. 1/4THrS;T' /LAKE AVE} ~ I o I I I I >- 2 LAKE AVENUE S. ~ i(T I t I Vi I I I I /2/ / ~rn~ ~O / F[I]J=~= V I ) ) ~ '<{' ) w >< 6 I a --.J o ~A / / / / / ( ~~ - - - -~- -<(- -- --- - - - r------- r----- ~- I I I I - I f- ro - - - - - - -L.J- r---z - '---- ~ULEVARD N.E. 7TH CT. ~ffiEB 5TH -----, '-- c.,'" ] tJ~ -{ 0:.J... -----, ~ a~ TERR. f35 7 ~ I-- N.E. o 0 z z I~i:===i :::J f--- _ 0:: o 0 (f),-- ~ z N.E. ~T~ 7TH t.J z 1012 NE 3RD AVENUE ST. "'\ .r--- ~ <(- :r:- I- IX)_ t.J- z~ CITY OF DELRAY BEACH, FL PLANNING '" ZONING DEPARTMENT ~ SUBJECT PROPERTY CITY OF DELRAY BEACH PROPERTY TRANSFER TO COMMUNITY LAND TRUST -- DIGITAL BASE MAP SYSTEM -- MAP REF: . f----- - ~ f----- ~ - <t~ \ mm~DIIJ]~~T= ~ ~~ii~=~= ~mmmm~ z llJJlllilW z - I I 11t=~ <t 11r- w > If p . 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FL PLANNING &: ZONING DEPARTMENT ImI SUBJECT PROPERTY -- OIG/TAL BASE MAP SYSTEM -- ] I l--J----- I w > <l: w > <l: I--- I-- I-- ST. - :r: toH llF :r: f- LD ST. MAP REF: cc' 1m L~(tI~ ~) 11/7(00 /I{l'1do.-' www.bocanews.com . Boca Raton/Delray Beach News - Monday, October 30, 2006 35 100 ANNOUNGEMENT& 10 I l.e:!cll \otices NOTICE OF INTEHTTO TRANSFER! SELL REAL PROPERTY NOTICE IS HEREBY GIVENthall11e City of Delray Beach, Florida, an. nounces its intention to transfer/sell . certain real property for affordable housing puposes as part oIll1e Con\- munhy Land Trust. more particularly descriled as lollows: The .west 79 feet of the East 104 feet oI1h& North 1f2 01 the North 112 of the Southeast 1 ~ of the Southeast- 1 (4- of the South-west '114 _ at Section _ 17 Township 46 South: 'Range 43 East' Delray Beach, Florida. less the N;25< thereof. Lot 29, U~ln Park,accol'ding to the map or plat thereof as recorded in Plat Book 23 Page 160. Public Records of Palm Beach County, Ronda. lots 3 and "'.B1ock-B. Dell Park. ac- cording to the map or plat thereof as reco~died in Plat Book 8, Page 56. Public Records of Palm Beach Counly,Aorlda Oth~r terms 01 the transfer/sate are contained in the Contract ~or Sale and Purchase betw/39n the .City and the Community Land Trust. A resolution of the City Commission authorizing the trans1erlsale of .real property incorpo- ratin~ . the terms and conditions there- ~f. WIll be considered at a putJlk: he~- tng 1o.be held on November 7. 2006 at 7:00 p.m. at City Hall. 100 N.W. 1stAvenue. Delray ~, Rorida CITYQF DELRAY BEACH. FLORIDA By: Ghevelle Nubin, CMC CityC1eI1< Publish: Oct. 23 & 30. 2006 Boca Ra10nlllelray Beach News ~ l-olL ) (1'7 (oro A q.en J 0.- Cel' L CLrI.eJ d 0- cft~.) 28 Boca RatonlDelray Beach Ne~s - Monday, October 23, 2006 · www.bocanews.com NonCE OF INTENT TO TRANSFER! SEll REAL PROPERTY NOTICE IS HEREBY GIVEN .thal the City of Oelray Beach. Florida. an- nounces its intention to transfer/sell certain real property for affordable housing purposes as part of the COm- munity Land Trust, more particularly described as tol\oWS: The West 79 teet 01 the East 104 feet of the North t12 at tile Norttl112 of tM Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 at Section 17. TownShip 46 South. Range 43 East Qelray Beach. Florida. less the N.2S" thereof. Lot 29. Uncol" Park.' according 10 the map Of plat thereof as r~ed in Plat Book 23 page 160. PublIc Aecordsof Palm Beach County. RoOda. Lots 3 and 4. BlOCk 8. Dell Park. ac- cording to the map or plat thereof as recorded in Plat aook 8. Page 56. Public Records 01, Palm Beach County. Florida Other terms of the transferlsale are contained in the Contract for Sale and Purchase between the City and the Community Land TruSt. A resolution of the City Commission authorizing the transfer/sale of leal property incorpo- rating the terms and conditionS Ihere- 01. will be considered at a publiC near- ing to be hekl on November 7. 2006 at 7:00 p.m. at City Hall. 100 NW. 1st Avenue. Delray Beach. fIorida. CITY OF DELRAY BEACH. MAIDA By,: Chevalle Nubin. CMC City Clerk Publish: Oct. 23 & 30. 2006 Boca RatonlDelray Beach News ~- kP~ [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE ~~()O NW 1st AVENI TE . DELRA Y BEACH. FLORIDA 33444 TELEPH()!\E: 561!::4370<)O' FACSI\lILE: 56In78-4755 DELRAY BEACH F l 0 Ii: I D ^ --- AII.America City Writer's Direct Line: 561/243-7091 , III I! DATE: MEMORANDUM October 25, 2006 1993 2001 FROM: City Commission David Harden, City Manager ~..~~ Brian Shutt, Assistant City Attorney TO: SUBJECT: Waiver of BiddinQ ReQuirements/Pompev Park Expansion Proiect The Pompey Park Expansion project was advertised for competitive bids in May, the City failed to receive any response to this advertisement. In order for the Commission to award the contract, the Commission must first waive the bidding requirements contained in Chapter 36 of the Code of Ordinances. Pursuant to Section 30.15 of the Code Ordinances, the Commission may waive another Code section provided that it is conducted at a public hearing and notice of the hearing has been published. Notice of the public hearing for November 7,2006 has been published. Staff is requesting that this waiver request be placed on the November 7, 2006 Commission agenda for approval. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Richard Hasko, Environmental Services Director {D. t3 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mydelraybeach.com TO: Brian Shutt, Assistant City Attorney FROM: Richard C. Hasko, P.E., Environmental Services Director SUBJECT: WANER OF BIDDING REQUIREMENTS DATE: October 23,2006 The plans and specifications for the Pompey Park Expansion project in the City's Parks & Recreation Bond program were advertised in May of this year for competitive bids. When the bid submittal deadline of June 1 st, 2006 arrived, there were no responses to the advertisement. Subsequently, staff pursued value engineering efforts with the firms of Randolph & Dewdney Construction Company, and The Weitz Company. The results of that effort were presented to the City Commission at the October 17, 2006 Regular meeting. Staff received direction from Commission to award the entire project with a minor scope addition addressing the proposed store front windows on the facade of the new expansion. Since the initial attempt to acquire a contractor through the competitive bidding process as required by Ordinance was unsuccessful, the project will be awarded on the basis of the lowest quote based on the project scope as revised by Commission direction. In order to proceed with the described contract award, it will be necessary for Commission to waive the City's Ordinance requiring competitive bidding for this project. Please prepare the appropriate advertisement and associated agenda item for the November 7, 2006 Commission meeting. Cc: David T. Harden, City Manager Susan Ruby, City Attorney j1ft!J~ City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com FROM: David Harden, ~~ager Victor Majten~ Director of Public Utilities TO: SUBJECT: POMPEY PARK COMMUNITY CENTER IMPROVEMENTS (PIN 2004-038) Commission Agenda Item, Contract Award DATE: November 3, 2006 Attached is an Agenda Request for City Commission to approve award of contract to Randolph and Dewdney Construction, Inc. for the construction of improvement to the Pompey Park Community Center. The original bid date of June 1, 2006 resulted in no bids. Consequently, staff contacted contractors from the pre-bid meeting list to inquire as to the lack of interest. Of those who responded, most cited conflicts with schedule and future projects. Randolph and Dewdney Construction, Inc. (RDCI) revealed interest; however, their bonding capacity at the time would not allow them to secure a bid. Staff asked RDCI to submit what would have been their original bid. Not including any of the alternate bid items, it was in the amount of $1,052,064, well in excess of the consultant's estimate of $650,000. The City also asked the Weitz Company, the Construction Management at Risk firm for the Western Community Center, to review and estimate the project. Their base estimate was $1,013,444. Subsequently, both firms were asked to value engineer the plans and submit a list of cost saving items. Most of the cost savings were in the form scope reductions or the deferment of phases of work, yet differing with each contractor. The compiled list of options was presented to Commission on October 17, 2006 for review and consideration. With authorized direction and an approved list of options, both contractors were asked to re-submit an official proposal (on City provided format) for proper comparison and evaluation. On October 31, 2006, the City received only one response. It was from Randolph and Dewdney Construction, Inc in total amount of $1,166,884.60 (base bid of $1,019,555 plus add alternates of $147,329.60). A bid tabulation is attached. Staff recommends award of contract to Randolph and Dewdney Construction, Inc. in the amount of $1,166,884.60 for the construction of the Pompey Park Community Center Improvements project, PIN 2004-052. Funding is available from 380-4150-572-62.61,2004 G. O. Bond / Pompey Park-Expansion. cc: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction Joe Weldon; Director of Parks & Recreation City Clerk's Office Agenda File; 11107/06 File 2004-052(A) S:\EngAdmin\ProjectsI200412004-052\OFFICIAL\Agda memo Randolph 11.07.06.doc /0.13./ Pompey Park Community Center Improvements Re-Bid, October 31, 2006 Project No. 2004-052 Bid Tabulation Randolph & Dewdney Construction Inc. ITEM DESCRIYfION UNIT ~ UNIT PRICE I I EXTENDED TOTAL PRICE I ~ BASE BID Area I-A of Construction Phase-I LS $574,230.00 $574,230.00 2 Area 1- B of Construction Phase- I LS $114,094.00 $114,094.00 3 Area 2-A of Construction Phase-II LS $150,354.00 $150,354.00 4 Area 2-B of Construction Phase-II LS $99.055.00 $99,055.00 Site concrete flatwork LS $11.112.00 $11,112.00 (including sidewalks, both phases) 6 Allowance - Room signage LS $1,000.00 $1,000.00 7 Allowance - Stage Curtain LS $7,000.00 $7,000.00 8 Allowance - Irrigation and Landscaping LS $2,000.00 $2.000.00 (including sod) 9 Allowance - Contingency LS $60,000.00 $60,000.00 10 Asbuilt Drawings LS $700.00 $700.00 II Indemnification LS $10.00 $10.00 Total Evaluated BASE BID $1,019,555.00 BID ITEMS I through II ADD ALTERNATE BID ITEMS A-I Alternate No.1: Install 9 ft-O in. high acoustical LS $17,000.00 $17,000.00 panels with washable vinyl finish on entire perimeter of existing multi-pwpose room #120 (10 STC minimun). A-2 Alternate No.2: Remove existing movable LS $35.900.00 l>35 900 00 partition; provide and install (2) new movable partitions (50 STC minimun) including all appurtenances and structures as per Drawings. in existing multi-pwpose room #120. A-3 Alternate No.3: Install gypsum plaster "knock- LS $5,900.00 $5,900.00 down" finish and paint on existing wall portion above bead board wainscot on entire corridor #116 through and inclding corridor #129. A-4 Alternate No.4: Existing asbestos floor tile. LS $8,400.00 $8,400.00 Remove and dispose of existing asbestos containing floor tile per all applicable local, state and federal regulations addressing asbestos containing material. A-5 Alternate No.5: Existing Men's and Women's Restrooms, #104 and #109. ModifY existing restrooms Rooms 104 & 109 using all materials, finishes and specifications as Rooms 105 and 106. LS $20,837.60 $20,837.60 A-6 Alternate No.6: Existing Multipwpose Room, #120. ModifY existing MultipUIpose Room 120 using all materials, finishes and specifications as Room 100. LS $59,292.00 $59,292.00 Total Evaluated ALTERNATE BIDS BID ITEMS A-I through A-6 $147,329.60 Total Proposed CONlRACT AWARD BID ITEMS I thgrough II plus A-I through A-6. $1,166,884.60 Pompey Park Cornnunity Center mprovements City of Delroy Beach No. 2004-062 Bid No. 2005-43 Re-Bid, October 31,2006 1 of 1 Agenda Item No.: ID. B. 1 AGENDA REQUEST DATE: November 3,2006 Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda When: November 7, 2006 Description of item (who, what, where, how much): Award of contract to the only responsive bidder, Randolph and Dewdney Construction, Inc. in the amount of $1,166,884.60, for the construction of the Pompey Park Community Center Improvements project, PIN 2004-052. Funding for this project will be provided from the account 380-4150-572-62.61,2004 G.O. Bond/Pompey Park-Expansion. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to Randolph and Dewdney Construction, Inc. for the construction of Pompey Park Commu. Center I rov~ct, PIN 2004-052. Department Head Signature: - / - ~"'O' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure offunds): Funding available YES/NO Funding alternatives Account No. & Description Account Balance City Manager Review: ~tf Approved for agenda: ~O Hold Until: (if applicable) See above See above ~ ~ ~- #/9 'l5'~ ~tp /t 19~ 1/f 1;~/f; Jf7-3~ dA-1 11/3/0(, ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2004-052(A) S:\EngAdmin\ProjectsI200412004-052\OFFICIAL\Agnd req Randolph l1.07.06.doc e c'; L O-n<:( do-- FOR- 1((17(Ofo (~) ,A~ci()J 28 Boca Raton/Delray Beach Ne~s - Monday, October 23, 2006 . www.bocanews.com 100 ANNOUNCEMENTS 101 Le!.!"al ~otices CITY Of IlELRAY BEACH NOTICE Of PUBLIC HEARING ON THE WAIVER OF THE REOUIREMENJ'S _ OF CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH PERTAINING TO BIDDING REOUIREMENlS AND PROCEDURES FOR THE INTERIOR RENOVATION WORK AND THE CONSTRUCTION OF AN ADOmON TO THE POMPEY PARK COMMUNITY CENTER- The City Commission wiU conduct a Public Hearing for the purpose ot ac- cepti"" pubic testimony regarding the proposed waiver. The PublIC Hearing will be held on TUESDAY, November 7, 2006, AT 7:00 P.M. (or at any oon- tinuetion 01 such meeting which io set by the Commission) in the Commis. sion ChamberS at City Hall, 100 NW 1st Avenue, OeIray Beach. Florida. All ir11erested citizens are invited to at. tend the public hearing and comment upon the proposed waiver. PLEASE BE ADVISED THAT IF fA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS. SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEA.L IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPA.RE SUCH RECORD PURSUANT TO F.S 286.0105 CITY OF DELAAY BEACH Chevelle O. Nubin. CMC CrtyCle<k PUBLISH: Monday, October 23,2006 Boca RatonJDelray Beach News MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM # 10. C - REGULAR MEETING OF NOVEMBER 7. 2006 ORDINANCE NO. 60-06 (AMENDING SECTION 10.99) TO: SUBJECT: DATE: NOVEMBER 3, 2006 This ordinance is before Commission for second reading to amend Section 10.99, "General Penalty," of the Code of Ordinances by adding Civil Citations under Section 37.45 as an Enforcement method adopted by the City. At the first reading on October 17,2006, the Commission passed Ordinance No. 60-06. Recommend approval of Ordinance No. 60-06 on second and final reading. S :\City Clerk\AGENDA COVER MEMOS\Ordinanee Agenda Memos\Ord 60-06 Amend See 10.99 General Penalty 11.07.06 2nd reading. doc -~ [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 2()() NW 1st AVE!\l i-Ill! .RAY BEACH. FLORIDA 33444 fFLEPHC):'-IF 561 .!'.(!'Ii)' !:\CSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH f LOR I D ^ ae:d All-America City , III J! ~~~E: 1993 2001 MEMORANDUM October 5,2006 City Commission David T. Harden, City Manager ~ FROM: Terrill Barton, Assistant City Attorney SUBJECT: Ordinance 60-06 The attached draft ordinance amends Section 10.99, "General Penalty", by adding civil citations under Section 37.45 as an enforcement method adopted by the City. Please place this ordinance on the City Commission October 17, 2006 agenda for first reading. Thank you. TCB:smk Attachment cc: Chevelle Nubin, City Clerk 1 :2. ~ ORDINANCE NO. 60-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 10.99, "GENERAL PENALTY", OF THE CODE OF ORDINANCES BY ADDING CIVIL CITATIONS UNDER SECTION 37.45 AS AN ENFORCEMENT METHOD ADOPTED BY THE CITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 10.99 of the Code of Ordinances of the City of Delray Beach, Florida, was established to provide for enforcement and penalties for City code violations; and WHEREAS, the City Commission desires to add enforcement by civil citation as provided for in Section 37.45 of the Code of Ordinances as a method of enforcement for code violations; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. That Section 10.99, "General Penalty", of the Code of Ordinances of the City of Delray Beach, Subsection (B), shall be amended as follows: (B) The City adopts all enforcement methods provided by law which include, but are not limited to, the issuance of a citation, summons, notice to appear in County Court, Of arrest for violation of municipal ordinances, as provided for in F.S. Chapter 901. or civil citations provided for in Section 37.45 of this Code of Ordinances. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of ,2006. ATTEST: MAYOR CITY CLERK First Reading Second Reading 2 ORD. NO. 60-06 c-e.- . LtU1etdCA- -6-<1- 32 Boca RatonlDelray Beach News - Friday/Saturday, October 27-28, 2006 . www.bocanews.com 100 ANNOUNCEMENTS 10 1 Lr g,d ~otices CITY Of DElRAY BEACH,FlORIDA NoncE OF PUBlIC HEARING A PUBUC HEARING will be held on the following proposed ordinances at 7:00 p.m. on TUESDAY, NOVEMBER 7. 2006 or at any continuation of such meeting which;s set by the Commission). in the -City Commission Chambers, 100 N.W. 1st Avenue, DeI- ray Beach, Florida, at which time !he City Commission will consider their adoption. The propQsed ordinances may be Inspected at !he Office of 1I1e City C1erk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. be- tween the hours of 8:00 am. and 5:00 p.m.. Monday through Friday, excepl hotidays. - All interested parties are in- vited 10 attend and be heard with re- spect 10 !he proposed ordinances. ORDINANCE NO._ AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DElRAY BEACH, FlORIDA, AMENDING SEC- TION 10.99, 'GENERAL PENALTY', OF THE CODE OF ORDINANCES BY ADDING CIVIL CITATIONS UNDER SECTION 37.45 AS AN .ENFORCE- MENT METHOD ADOPTED BY THE CITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. BHJ6 AN ORDINANCE OF THE CITY COM- MISSION OF THE COY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, 'WATER', OF THE , CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.03, 'USE OF WATER FROM HYDRANTS', TO PROVIDE FOR AN INCREASE IN THE SECURITY DEPOSIT FOR HY- DRANT METERS AND TO PROVIDE FOR AN INSTALLATION/REMOVAL FEE' OF THE HYDRANT METER BY CITY STAFF: PROVIDING A GEN- ERAL REPEALER CLAUSE, A SAV- ING CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person de- cides to appeal any decision made by the City Commission with respect to any matter considered al these hear- ings. such person may need 10 ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to F.S. 286.0105. CITY OF DELRAV BEACH Chevelle D. Num. CMC C<yCle<l< PU8USH: Friday, October 27, 2006 Boca RatonIDelray Beach News ~~ II \ f\ \ D trY ~uf' MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS ~MANAGER AGENDA ITEM # 10 .D- REGULAR MEETING OF NOVEMBER 7.2006 ORDINANCE NO. 61-06 (AMENDING SECTION 52.03) TO: SUBJECT: DATE: NOVEMBER 3, 2006 1bis ordinance is before Commission for second reading to amend Section 52.03, "Use of Water from Hydrants," of the Code of Ordinances to provide for an increase in the security deposit for hydrant meters in addition to a nonrefundable installation/removal fee to cover the cost of City employees installing and removing the hydrant meter. At the first reading on October 17, 2006, the Commission passed Ordinance No. 61-06. Recommend approval of Ordinance No. 61-06 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 61-06 Amend See: 52.03 Use of Water Hydrants 1 \.07.06 2nd reading.doc [ITY DF DELRAY BEA[H 01\ C1I1 CITY ATTORNEY'S OFFICE 2()() NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 'ITLI:PHONE: 561 /::'43-7()i)O . FACSIMILE: 561 /nS-4755 DELRAY BEACH F LOR I D ^ td&I:II All-America City Writer's Direct Line: 561/243-7091 , IIII!DATE: MEMORANDUM October 9, 2006 1993 2001 FROM: City Commission David Harden, City Manager L,"~ Brian Shutt, Assistant City Attorney TO: SUBJECT: Proposed Code Revision to Section 52.03 Ordinance No. 61-06 provides for an increase in the security deposit of hydrant meters from $350.00 to $750.00 and also provides for a nonrefundable installation/removal fee of $150.00 to cover the cost of City employees installing and removing the hydrant meter. Public Utilities has experienced problems with the failure of contractors to return the meters and/or damaging the meters, which in turn can lead to unaccounted for water usage. (See attached memo from Richard Hasko). Our office requests that this item be placed on the October 17, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Richard Hasko, Environmental Services Director t2. B City Of Delray Beach Department of Environmental Services MEMORAN D u M www.mydelraybeach.com TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Environmental Services Director SUBJECT: PROPOSED CODE REVISION DATE: September 28, 2006 Attached is a memo from our Public Utilities Division identifying our need to modify our Water Ordinance as it relates to the issuance and tracking of hydrant meters generally used by contractors for construction water. Our current program allows us to collect a nominal deposit upon issuance of a hydrant meter assembly to a contractor and allows the contractor to essentially assume custody ofthe assembly. The current deposit ($350) is not adequate to provide for replacements for assemblies that are damaged or not returned. In addition, we often lose track of the meters and their flows go unaccounted for because contractors move them from site to site and sometimes out of the City completely. I have attached proposed language revisions to Title 5, Chapter 52, Section 52.03. Essentially we are proposing to increase the required deposit to $750, refundable upon return of an operational assembly. We are also proposing to institute a nonrefundable $150 installation fee that would cover the cost of City staff installing and securing the assembly, and removing it when it is no longer needed. We will no longer allow contractors to install the meters themselves and assume custody of the equipment. We will install the meters properly to ensure that flow registration is not defeated and secure them to the hydrants so that their locations are known for purposes of monthly reading and post construction retrieval. Please review this proposal at you convenience and let me know if you approve of proceeding with the revision. Cc: Susan Ruby, City Attorney Victor Majtenyi, Deputy Director of Public Utilities Scott Solomon, Water/Sewer Network Manager ORDINANCE NO. 61-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 52.03, "USE OF WATER FROM HYDRANTS", TO PROVIDE FOR AN INCREASE IN THE SECURITY DEPOSIT FOR HYDRANT METERS AND TO PROVIDE FOR AN INSTALLATION/REMOVAL FEE OF THE HYDRANT METER BY CITY STAFF; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City currently allows contractors to use hydrant meters, owned by the City, in order to obtain water at various construction sites throughout the City; and WHEREAS, the meters are sometimes damaged or not returned or moved from site to site by contractors; and WHEREAS, the City wishes to increase its deposit for the meters to accurately reflect the cost of the meters and to provide that only City staff may install and remove the meter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 52, "Water", Section 52.03, "Use of Water from Hydrants", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: CHAPTER 52. WATER GENERAL PROVISIONS Sec. 52.03. USE OF WATER FROM HYDRANTS. (A) Fire hydrants shall not be used for obtaining potable water, except under certain extenuating circumstances wherein a request, which must be in writing, may be made to the Director of Environmental Services or his/her designee for permission to use a fire hydrant for potable water on an interim or temporary basis. The Director of Environmental Services or his/her designee must approve all such requests. (B) If permission to use a fire hydrant is approved by the Director of Environmental Services, or his/her designee, on an interim and temporary basis, the applicant shall be required to submit an application including a minimum deposit of tm-Cl0 hundred fifty dollars ($350.00) seven hundred fifty dollars ($750.00). A nonrefundable installation/removal fee in the amount of one hundred fifty dollars ($150.00) will be required to cover the City's cost for meter installation and removal. The customer charges and capacity charges for a two-inch meter as set forth in Section 52.34, shall be due and payable each and every month, for as long as the meter is installed, regardless of whether the meter is actually turned on and without regard to usage. All charges must be paid in full and the meter returned in serviceable condition before the deposit of three huncked fifty dollars ($350.00) seven hundred fifty dollars ($750.00) is returned to the customer. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of 2006. MAYOR ATTEST: City Clerk First Reading Second Reading t~. Lflj,ef dCt- - W 32 Boca RatonlDelray Beach News - FridaylSaturday, October 27-28,2006. www.bocanews.com 100 ANNOUNCEMENT$ 1 () I Leg,d .\otices CITY OF IlElRAY BEACH.FlORIDA NOTICE OF PUBLIC HEARING A PUBlIC HEARING will be held on the following proposed ordinances at 7:00 p.m. on TUESDAY, NOVEMI3EA 7, 2006 or at any continuation of sud1 meeting which is set by the Commission), in the City Commission Chambefs, 100 NoW. 1st Averue, De!- ray Beach, Florida, at which time the City Commission will consider their adoption. The proposed ordinances may be inspected at the Office of the City CIe<k at City Hall, 100 NW, 1st Avenue, Delray Beach, Florida, be- tween the hOln of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. An interested parties are in- vited to -.d and be heard with 'E>' specl to the proposed ordinances. OIlIlfNANCE NO, _ AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELAAY BEACH, FLORIDA, AMENDING SEC- TION 10.99, 'GENERAL PENALTY', OF THE CODE OF ORDINANCES BY ADDING CIVIL CITATIONS UNDER SECTION 37.45 AS AN ENFORCE- MENT METHOD ADOPTED BY THE CITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO.61-G6 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELAAY BEACH, FLORIDA, AMENDING CHAPTER 52, 'WATEA', OF THE , CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.03, 'USE OF WATER FROM HYDRANTS', TO PROVIDE FOR AN INCREASE IN THE SECURITY DEPOSIT FOR HY- DRANT MffiAS AND TO PROVIDE FOR AN INSTAUATION/REMOVAL FEE' OF THE HYDRANT METER BY CITY STAFF; PROVIDING A GEN- ERAL REPEALER CLAUSE, A SAV- ING CLAUSE, AND AN EFFECTIVE DATE. Please be advised thaI if a person de- cides to appeat any decision made by the City Commission with respect to any inatter considered at these hear- ings. such person may need 10 ensure that a verbatim record includes thettestimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to F.S_ 286.0105. CITY OF DElRAY BEACH CheveIIe D. Nubin. eM<: CilyCle<k PUBLISH: Friday, October 27, 2006 Boca RatonIDeIrayBeacf1 News ~ (p \\\I1\D JrY ~ur ~. [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st /WEI\ 1 I,.! )11 .RA Y REACH. FLORIDA 33444 I !LFPIIO\iE .'i6I'1',..il'I\I' F--\CSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH ~ lOR I D A lI.e.I:II All-America City , III I! ~:TE: 1993 2001 MEMORANDUM October 17, 2006 City Commission David T. Harden, City Manager FROM: Terrill Barton, Assistant City Attorney ~ SUBJECT: Ordinance 62-06 Attached please find an ordinance proposing to amend Section 97.10, "Citrus Canker Control Procedures" by repealing it in its entirety. Please place this item on the City Commission agenda for Tuesday, November 7, 2006. TCB: smk Attachment cc: Chevelle Nubin, City Clerk /2.t1 '" ORDINANCE NO. 62-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REPEALING SECTION 97.10, CITRUS CANKER CONTROL PROCEDURES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach recognizes that the State of Florida ceased the Canker Eradication Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section I. entirety. Section 97.10 of the Ordinances of the City of Delray Beach is hereby repealed in its Seetian 97.10 CITRUS CL\NKER CONTROL PROCEDURES. (f~) Definitions. "Ve2:etatian :M:aintenanee Campanv". f..ny indi'/idual or en-tity ,'{ho engages in the business of or performs the installation, removal or upkeep of '/egetation, including, but not limited to, trees, grass, sh.ttbs, and flowers, on any residential or commercial property. This term shall include all employees, agents, contractors or subcontractors of the vegetation maiFltenance company. "Publie Utility Campanv". l\ny indi'/idl:lal or entity who eBgages in the bl:lsiBess of pro'/iding public utilities of any kind vlhatsoever, and who cuts or trims vegetation OR any residential or commereial property in furtherance of or ineidental to the operation of business. This term shall incll:lde all employees, agents, contractors or s1:1bcontraetors of the public utility company. "Ref:ulated <"Artieles". All lawn and garden tools, cutting or trimming equipment, nursery equipment, plant clippings, and lRwn and yard debris. (B) DecontaminatioH of Regulated }.rticles. (1) Time for Deeon-tamination. (a) Vegetation Maintenance Comoanies. }.JI vegetation maintenance companies shall decontaminate all regulated articles and vehicle tires on a non host environment (dri'lev/ay or aspbalt) upon departure from any property \vhich it services where citrus trees are present upon the property. All vegetation maintenance compaay personnel shall decontaminate themselYes on a non host environment (driveway or asphalt) upon departure from any property which it services where citrus trees arc present on the property. (b) Public Utility Comoanies. lJI pablie utility compllRies sball decontaminate all regulated articles and vehicle tires on a non bast eRyirornnent (dri'/eway or asphalt) upon departure from llRY property upon which the pl:lblic utility company engaged in the cutting or trinHlling of yegetation where citrus trees are preseRt on the property. l...ll public utility company personnel shall decontaminate themselYes on a non host enyironment (drivev/ay or asphalt) upon departure from any property upon which tbe public utility compaay engaged in the cutting or trimming of vegetation where citrus trees are present on the property. (2) Methods of Decontamination. All '1egetation maintenance companies and public utilities companies shall decoRtaminate all regulated articles, '/ehicle tires and personnel using ORe of the f{)llowing metbods: (a) All sl:lrfaces must be sprayed to tbe point of runoff witb a dilute solution of chloriRe bleaeh, made by addiRg one (I) once of ehloriae bleach to ORe (I) gallon of v:ater. This solution shall be made fresh e'/ery three days. (b) All vegetation maiRtenanee company personnel llRd pablic utility company persoflfl:el shall decontaminate themselves by ':lasbing or treating all e}(posed areas of the body and their shoes ':,itb an antibacterial soap, wash, spray, or other approved sohltion. In the eveRt of direct contact witb eitrus trees, vegetation maintenance personnel and public utility eompany personnel shall decontaminate themselYes by 'Hashing or treating exposed articles of clothing v:ith llR llRtibacterial soap, wasb, spray, or other appro' led solution. (C) Decals.All vegetation maiRtenaace companies llRd pablic utility compllRies shall obtain a decal or decals from the City to signify that the compllRY and its personnel bave been made aware of these regulations. Every '{chicle utilized by a vegetation maintenance company or a pablic utility company in accordance '.vith subsections (B)(1)(a) or (B)(1)(b) of this seetion shall display the decal pro'lided for by this subsection on the windshield of ',ehicles regulated under this section. The faill:lre of a vegetation maintenance compaRY or public utilities company to obtain, receiye or display a decal shall not excuse any '1iolation of this section. 2 ORD. NO. 62-06 " (D) Penalties for Violatioa of These Pro~/isions. Violations of this seetion shall be pl:mished pursuant to Section 97.99. (E) EaforeemeRt of These Provisions. The provisions of this seetiofl shall be eaforeed and carried out by the City's police officers, code enf-orcement officers, or both. The City adopts all enforcement methods provided by law or eqtiity which include, but are not limited to, the issuance of citation, summons, Notice to l\ppear in County Court, or arrest for violation of municipal ordinances, as provided for in Chapter 901, Florida Statutes. Section 2. It is the intention of the City of Commission of the City of Delray Beach that the provisions of this Ordinance shall become and be made a part of the Ordinances of the City of Delray Beach, Florida, and that the Sections of this ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 3. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. adoption. That this ordinance shall become effective immediately upon its passage and PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2006. ATTEST: MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 62-06 ~ [IT' DF DElRAY IEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVE'\il'l . iilTRAY BEACH. FLORIDA 33444 TELEPHONE: 'ihl!?j'.--:c"'(I' FACSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH F LOR . D ^ lI8.I:II All-America City , III I! DATE: TO' 1993 . 2001 MEMORANDUM October 24, 2006 FROM: City Commission David T. Harden, City Manager Terrill Barton, Assistant City Attorney ~ SUBJECT: Ordinance 63-06 The attached draft ordinance updates Chapter 110, "Occupational Licenses Generally" by re-naming "Occupational Licenses" to "Local Business Tax Receipts", in accordance with recent state law changes. Please place this ordinance on the City Commission November 7, 2006 agenda for first reading. Thank you. TCB:smk Attachment cc: Chevelle Nubin, City Clerk /2. B ORDINANCE NO. 63-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", IN ORDER TO UPDATE THE ORDINANCE TO RE-NAME "OCCUPATIONAL LICENSES", "LOCAL BUSINESS TAX RECEIPTS", IN ACCORDANCE WITH RECENT STATE LAW CHANGES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of De1ray Beach, Florida, desires to update its code. on occupational licenses in order to make it consistent with state law changes regarding same; and WHEREAS, the Governor of the State of Florida approved House Bill No. 1269 on June 9, 2006, which provides that the "Local Occupational License Tax Act", shall be changed to "the Local Business Tax Act", in order to reduce instances of consumer fraud; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect its citizens against consumer fraud. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. follows: That Chapter 110, "Occupational Licenses Generally", shall be amended to read as CHAPTER 100. OCCUP}~TIONf~L LICENSES LOCAL BUSINESS TAXES GENERALLY Sec. 110.01. DEFINITIONS. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Business, profession and occupation. Do not include the customary religious, charitable or educational activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions, which institutions are more particularly defined and limited as follows: (1) Charitable institutions. Only those nonprofit corporations operating physical facilities in this City at which are provided charitable services, a reasonable percentage of which are without cost to those unable to pay. (2) Educational institutions. State tax-supported or parochial church and nonprofit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, the Department of Education, or the Florida Council ofIndependent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and are eligible for exemption. (3) Religious institutions. Churches and ecclesiastical or denominational organizations or established physical places for worship in this City at which nonprofit religious services and activities are regularly conducted and carried on; also means church cemeteries. Classification. The method by which a business or group of businesses is identified by size, type, or both. Enterprise zone. An area authorized to be an enterprise zone pursuant to F.S. Sections 290.0055 and 290.0065. Occupatir:n'Ull license Local Business Tax. Means the fees charged and the method by which this City grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction. It does not mean any fees or licenses paid to any board, Commission or officer for permits, registration, examination or inspection unless otherwise provided by law. These are deemed to be regulatory and in addition to, but not in lieu of any occupational license imposed under the provisions of this Chapter. Person. Any individual, firm, partnership, joint venture, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary. Taxpayer. Any person liable for taxes imposed under the provisions of this Chapter; any agent required to file and pay any taxes imposed hereunder; and the heirs, successors, assignees and transferees of any such person or agent. Sec. 110.02. LICENSE LOCAL BUSINESS TAX RECEIPT REQUIRED. No person shall engage in or manage any permanent business location or branch office for any business, profession or occupation set forth in this Chapter, within the limits of this City, unless a City license local business tax receipt shall have been procured from the Building Official of the City. One lieense receipt shall be issued to each person upon receipt of the amount hereinafter provided in this Chapter, and this license receipt shall be signed in the name of the City by the Building Official. 2 ORD NO. 63-06 Sec. 110.03. APPLICATION DATE; DATE LICENSE LOCAL BUSINESS TAX DUE AND PAYABLE. Application for any license Local Business Tax Receipt shall be made on or subsequent to August I of each year, and all licenses local business taxes shall be deemed to be delinquent if not paid on or before September 30 of each year. In the event that September 30 falls on a weekend or a holiday, the tax shall be due and payable on or before the first working day following September 30. Sec. 110.04. DURATION; EXPIRATION DATE. No license local business tax receipt shall be valid for more than one year and alllioenses receipts shall expire on September 30 of each year, except as otherwise provided in this Chapter. Sec. 110.05. PARTIAL YEAR LICENSES RECEIPTS. No lioense local business tax receipt shall be issued for any fractional portion of the year, except that in the event that any person shall engage in or manage any business, profession or occupation mentioned in this Chapter on or after April I, then the person shall be required to pay only one-half of the amount for any occupational license local business tax as is specified in this Chapter. Sec. 110.06. PERSONS NOT REQUIRED TO PAY FULL FEE. Persons holding a valid and currently effective license local business tax receipt as a contractor issued by another Florida municipality or county, and who do not maintain a permanent business location or branch office in the City of Delray Beach, shall be issued a City license receipt for their particular occupation upon their registering with the City Building and Inspection Division. No fee shall be required to obtain a license receipt in such cases. All other businesses will require a ten-dollar registration fee along with a copy of a valid and currently effective occtipationallicense receipt by another Florida municipality or county. Sec. 110.07 TRANSFER OF LICENSE RECEIPT. (A) Any business license receipt may be transferred to a new owner, when there is a bona fide sale of the business, upon payment of a transfer fee of ten (10) percent of the annual fee, not to exceed a maximum fee of twenty-five dollars ($25.00). (B) As permitted by F.S. Section 205.043, all business licenses receipts may be transferred for the business for which they were taken out when there is a bona fide sale or transfer of the property used and employed in the business as stock in trade, but the transferred license receipt shall not be held good for any longer time or period than from which it was originally issued. The original license receipt shall be surrendered to and filed with the building official at the time application for transfer is made, and the transferred license receipt shall be of the same force 3 ORD NO. 63-06 and effect as the original license receipt. Both parties involved shall be in agreement with the transfer of the lieense receipt and shall sign a transfer application. At the time any license receipt is transferred, the person applying for the transfer shall pay a fee often (10) percent of the annual fee, not to exceed a maximum fee of twenty-five dollars ($25.00). Sec. 110.0S. WHEN STATE LICENSE RECEIPT IS REQUIRED. (A) Any person applying for aE: occupational license receipt to practice any profession regulated by the State Department of [Business and] Professional Regulation or any Board or Commission thereof, must exhibit an active State certificate, registration or license, or proof of copy of the same, before a city occupational license receipt may be issued. (1) The State Department of [Business and] Professional Regulation shall, by August 1 of each year, supply to the Building Department a current list of professions it regulates and information regarding those persons for whom local occupational licenses receipts should not be renewed due to the suspension, revocation or inactivation of such person's State license receipt, certificate or registration. The Building Department shall not renew such license receipt unless such person can exhibit an active State certificate, registration or license receipt. (2) This Section shall not apply to F.S. Sections 489.113, 489.117, 489.119, 489.131,489.511,489.513,489.521 or 489.537. (B) The Building Department shall not issue an occupational license receipt to operate a pharmacy unless the applicant shall first exhibit a current permit issued by the State Board of Pharmacy. However, a city occupational license receipt shall not be required in order to practice the profession of pharmacy. (C) The requirements of F.S. Sections 481.201 through and including 481.233 (1988) and implementing Rules of the Florida Administrative Code, as may be amended from time to time, regulating the practice of architecture and interior design, are herby incorporated as fully as if set forth in length herein. The City shall not issue a building permit(s) ifit is apparent from the face of the application for the building permit(s) that the provisions of F.S. Chapter 481, Part I, or the implementing Rules of the Florida Administrative Code, as may be amended from time to time, have not been met; provided, however, that a building permit(s) shall not be withheld if an exception or exemption, as set forth in F.S. Section 481.229 applies. Sec. 110.09. UNCLASSIFIED PROFESSIONS AND OCCUPATIONS. Every business, occupation, profession or exhibition, substantial, fixed or temporary, engaged in by any person, whether in a building, tent or upon the street, vacant lot or anywhere in the open air within the City and here not specifically designated shall pay a license tax local 4 ORD NO. 63-06 business tax of one hundred twenty-five dollars ($125.00), unless otherwise specified by resolution or ordinance ofthe City Commission. See.IIO.IO. DELINQUENT PAYMENT; ADDITIONAL PENALTIES. (A) Unless the lieense receipt shall have been procured from the City on or before September 30, it shall be considered delinquent and subject to a delinquency penalty of ten (10) percent for the month of October, plus an additional five (5) percent penalty for each month of delinquency thereafter until paid, provided that the total delinquency penalty shall not exceed twenty- five (25) percent of the occupational license local business tax fee for the delinquent establishment. (B) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license business tax receipt, if required hereunder, shall be subject to a penalty of twenty-five (25) percent of the lieense receipt determined to be due, in addition to any other penalty provided by law or ordinance. (C) Any person who engages in any business, occupation or profession covered by this Chapter, who does not pay the required occupational license local business tax within one hundred fifty (150) days after the initial notice of tax due, and who does not obtain the required oocupational license receipt is subject to civil actions and penalties, including court costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to two hundred fifty dollars ($250.00). Sec. 110.11. FAILURE TO OBTAIN LICENSE RECEIPT; AUTHORITY TO ARREST. It shall be the duty of the City to enforce the payment of any lieense local business taxes not paid within forty-five (45) days from the day same becomes due by securing a warrant for the arrest of the person, firm or corporation illegally engaging in that trade, business, profession or occupation. Sec. 110.12. LICENSE LOCAL BUSINESS TAX REDUCTION WITHIN ENTERPRISE ZONE. (A) There is hereby established an exemption of fifty (50) percent of any oeeupational license local business tax levied for the privilege of engaging in or managing any business, profession or occupation in the City, when such privilege is exercised at a permanent business location or branch office located in an enterprise zone of the City. (B) Such exemption applies to each classification for which aH occupatioBal lieoose receipt is required. Classifications shall be the same in an enterprise zone as elsewhere in the City. Each occupational license receipt issued with the exemption authorized in this Section shall be in the same general form as the other municipal occl:lflationallioenses receipts and shall expire at the 5 ORD NO. 63-06 same time as those other lieenses receipts expire. Any lieense receipt issued with the exemption authorized in this Section is nontransferable. The exemption authorized in this Section does not apply to any penalty authorized in Section 110.99. (C) The City shall issue to each person who may be entitled to the exemption a lieense receipt pursuant to the provisions contained in this Section. Before a lieense receipt with such exemption is issued to an applicant, the City must, in each case, be provided proof that the applicant is entitled to such exemption. Such proof shall be made by means of a statement filed under oath with the City, which statement indicates that the permanent business location or branch office ofthe applicant is located in an enterprise zone. (D) Any license receipt obtained with the exemption authorized in this Section by the commISSIOn of fraud upon the City shall be deemed null and void. Any person who has fraudulently obtained such exemption and thereafter engages, under color of the lioense receipt, in any business, profession or occupation requiring the license receipt shall be subject to prosecution for engaging in a business, profession or occupation without having the required license receipt. Sec. 110.113. MARKING OF COMMERCIAL VEHICLES REQUIRED. It shall be unlawful to operate, park, stand or use upon any public street any commercial vehicle, unless the vehicle is designated by lettering of four (4) inches minimum size on either side indicating the name of the firm or the name of the corporation or p~rson operating the same for commercial use. Sec. 110.114. EXEMPTIONS. (A) The following categories shall be exempt from the lioense local business tax requirements set forth in this Chapter: (1) Disabled Persons, Aged Persons, Widows with Minors. (a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons sixty-five (65) years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of one thousand dollars ($1,000.00), shall be allowed to engage in any business or occupation without being required to pay for a license. The exemption provided by this Section shall be allowed only upon the certificate of a reputable physician that the applicant claiming the exemption is disabled, the nature and extent of the disability being specified therein, and in case the exemption is claimed by a widow with minor dependents, or a person 65 years of age or older, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this 6 ORD NO. 63-06 Section shall, upon application and furnishing of the necessary proof as aforesaid, be issued a lioense receipt which shall have plainly stamped or written across the face thereof the fact that it is issued under this Section, and the reason for the exemption shall be written thereon. (b) In no event shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by State law for the issuance of a lioense receipt to sell intoxicating liquors or malt and vinous beverages. (2) Disabled Veterans of any War or Their Unremarried Spouses. Any bona fide, permanent, resident elector of the City who served as an officer or enlisted person during any of the periods specified in F.S. Section 1.01(15) in the Armed Forces of the United States, National Guard or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof, who has actually been, or may hereafter be, reassigned by the Air Force, Army, Navy, Coast guard or Marines to active duty during any war, declared or undeclared, armed conflict crisis or the like, who was honorably discharged from the service of the United States, and who at the time of his or her application for a license receipt shall be disabled from performing manual labor shall, upon sufficient identification, proof of being a permanent resident elector in the City, and production of an honorable discharge from the service of the United States: (a) Be granted a license receipt to engage in any business or occupation in the City which may be carried on mainly through the personal efforts of the lioensee receipt holder as a means of livelihood and for which the City license fee local business tax does not exceed the sum of fifty dollars ($50.00) for each without payment of any license local business tax otherwise provided for by law; or be entitled to an exemption to the extent of fifty dollars ($50.00) on any lioense receipt to engage in any business or occupation in the City which may be carried on mainly through the personal efforts of the lioensee receipt holder as a means of livelihood when the City lioense local business tax for such business occupation shall be more than fifty dollars ($50.00). The exemption heretofore referred to shall extend to and include the right of the licensee receipt holder to operate an automobile-far-hire of not exceeding five-passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the licensee receipt holder and is being operated by him or her as a means of livelihood and that the proper license local business tax for the 7 ORD NO. 63-06 operation of such motor vehicle for private use has been applied for and attached to said motor vehicle and the proper fees therefore paid by the licensee receipt holder. (b) When any such person shall apply for a lioense receipt to conduct any business or occupation for which either the City lieense fee local business tax exceeds the sum of fifty dollars ($50.00), the remainder of such lieense fee local business tax in excess of fifty dollars ($50.00) shall be paid by him in cash. (c) The City shall issue to such persons as may be entitled hereunder a license receipt pursuant to the foregoing provision and subject to the conditions thereof. Such lioense receipt when issued shall be marked across the face thereof "Veterans Exempt Lioense Receipt Not Transferable." Before issuing the same, proof shall be duly made in each case that the applicant is entitled under the conditions of this law to receive the exemption herein provided for. The proof may be made by establishing to the satisfaction of the City by means of a certificate of honorable discharge or certified copy thereof that the applicant is a veteran within the purview of this Section and by exhibiting: (1) A certificate of government-rated disability to an extent often (10) percent or more; (2) The affidavit or testimony of a reputable physician who personally knows the applicant and who makes oath that the applicant is disabled from performing manual labor as a means of livelihood; (3) The certificate of the County service officer, duly executed under the hand and seal of the chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a license receipt within the meaning and intent of this Section; (4) A pension certificate issued to him or her by the United States by reason of disability; or (5) Such other reasonable proof as may be required by the City to establish the fact that such applicant is so disabled. 8 ORD NO. 63-06 (d) All licenses receipts issued under this Section shall be in the same general form as other municipal licenses receipts and shall expire at the same time as such other licenses receipts expire. (e) Alllieenses receipts obtained under the provisions of this Section by the commission of fraud shall be deemed null and void. Any person who has fraudulently obtained any such license receipt, or who has fraudulently received any transfer of a lieense receipt issued to another, and has thereafter engaged in any business or occupation requiring a license receipt shall be subject to prosecution as for engaging in a business or occupation without having the required license receipt. Such license receipt shall not be issued for any veteran who resides in any other City, unless such veteran applying therefore shall produce a certificate of the tax collector of his or her home City to the effect that no exemption from license receipt has been granted to such veteran in his or her home City under the authority of this division. (f) In no event shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by State law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages. (g) The unremarried spouse of the deceased disabled veteran of any war in which the United States Armed Forces participated will be entitled to the same exemptions as the disabled veteran. (3) Motor Vehicles. Vehicles used by any person lieensed receipt holder under this Chapter for the sale and delivery of tangible personal property, at either wholesale or retail, from his place of business on which a lieense local business tax is paid shall not be construed to be separate places of business, and no license local business tax shall be levied on such vehicles or the operators thereof, as salespersons or otherwise. (4) Exemption for Farming and Similar Activities. (a) No occupational license local business tax receipt shall be required of any natural person for the privilege of engaging in the selling of farm, agricultural, grove, horticultural, floricultural, tropical piscicultural or tropical fish farm products, or products manufactured therefore, except intoxicating liquors, wine or beer, when such products were grown or produced by that natural person in the City. 9 ORD NO. 63-06 (b) A wholesale farmers' produce market shall have the right to pay a tax of not more than two hundred dollars ($200.00) for a license receipt that will entitle the market's stall tenants to engage in the selling of agricultural and horticultural products therein, in lieu of such tenants being required to obtain individuallieeflses receipts to so engage. (c) The farmer or grower shall present to the Chief Building Official or his designee sufficient proof, by affidavit, that the produce he offers for sale was produced on this own farm or grove, or from the waters (the buyer of produce in ground or fruit on trees, or the buyer or lessee of trees bearing fruit in the course of maturing shall not be construed as a farmer or grower); whereupon the Chief Building Official or his designee shall register that farmer or grower in a book kept for that purpose, showing the number of the Registration, the name, age, place of residence and location of the farm or grove of that farmer or grower, and issue to him a permit signed by the Chief Building Official or his designee showing the registration. The permit must be displayed by the farmer or grower in a conspicuous place on the vehicle from which he offers produce for sale. (5) Religious Tenets. Nothing in this Chapter shall be construed to require a license receipt for practicing the religious tenets of any church. (6) Charitable Organizations, Occasional Sales, Fund Raising and the Like. No occupational license local business tax receipt shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the organization makes occasional sales or engages in fund-raising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic and service activities of the organization. (7) Mobile Home Setup Operations. No license local business tax receipt shall be required for any mobile home dealer, duly licensed mobile home manufacturer, or an employee of such dealer or manufacturer, who performs setup operations as operations are defined in F.S. Section 320.822. However, such dealer or manufacturer shall be required to obtain a license receipt for his permanent business location or branch office, which license receipt shall not require for its issuance any conditions other than those required by F.S. Chapter 320. (B) Applications to the Building Official for any gratis license covered under division (A) of this Section shall be made in the form of a sworn affidavit executed by the 10 ORD NO. 63-06 applicant setting forth those facts necessary to establish the applicant's right to a gratis license. Sec. 110.15. LICENSE LOCAL BUSINESS TAX SCHEDULE. The following enumerated individuallieense local business taxes shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: Classification All Fees $142.00 except as noted Abstracting Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. Academy of Music Adult Entertainment Advertising Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax.. Advertising Agencies engaged in the business of bill posting shall pay a license tax, per year. Advertising Office, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane Ambulance Separate from undertaking, each Amusement Parlors or Concert Halls Apartment, Rooming Houses Per room, excluding kitchen and bathrooms Aquarium Armored Car Service Each vehicle Art Gallery (1) Art Studio, workshop, classes (2) Artist, commercial (3) Artist material or supplies (See Merchants) (4) Artists' outdoor sale: Each sale, first day 23.00 80.33 5.78 80.33 34.44 11 ORD NO. 63-06 Classification Each day thereafter Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, whether or not in connection with another business charging fees, shall pay a license tax. Athletic Club, Gymnasium (Zoning) Auctioneers Auctions Auction, Real Estate Per day Automatic Amusement Machines, Games or Devices, Distributor Annual Fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this Chapter. Each machine or apparatus Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine Distributor Automatic Weighing Machines Distributor Each machine Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles (1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, fann tractors and fann implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. (2) Each additional display lot. (3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1) Automatic car wash, not in connection with other business (2) Automobile association (See Insurance) All Fees $142.00 except as noted 11.55 57.33 34.44 136.00 11.55 12 ORD NO. 63-06 Classification (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage, in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit Each additional unit (8) U-Drive rentals (9) Upholstering, tops, seat covers and the like (10) Automobile used parts, dealers in, used for purposes other than junk (11) Wrecker service, towing (12) Auto detailing Automobile Service Station Washing and polishing, greasing, lubricating and like servIcmg of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance under Merchants. Automobile Service Station Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the Merchants license on other merchandise in addition to the foregoing. Baby Sitter Service Baggage or Freight Transfer Company Bakery Wholesale and retail, each store Ballrooms for Profit Banks (National and State chartered), Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548) Bankruptcy, Closing Out, Trustee Sale (See Fire sale) Barber Shops Beach Equipment (Subject to bids to the Commission) Beauty Shops Bible, Holy-Solicitors Bicycle Shop, both retail and repair Billiard, Pool or Bagatelle Tables 13 All Fees $142.00 except as noted 45.89 11.55 68.88 ORD NO. 63-06 Classification All Fees $142.00 except as noted For profit, each table Birds Dealers Blueprinting Service Maps, plats and the like Boat Agencies, New/Used Each lot, not to include repairs Boats for Hire Fishing, cruising or sightseeing (each boat) Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Boat Repair Boiler, Machine Shops or Foundries Bondsman, Bail Bonds Book, Magazine Solicitors Per week Per person Interstate commerce Bookkeeper/Accountant, not c.p .A. Boot and Shoe Repair Shop Bottling Works Brokers Stockers, bonds, mortgages, customs and .others Building Inspector Building and Loan Associations (See Banks) Burglar Alarm Company Bus Station, intrastate business only Business College, Trade Schools Business Office Butcher Shop Cabinet Shop Carpet and Rug Cleaning Each location Caterers Fixed base or mobile, each truck Ceramic Studio 57.33 57.33 23.00 No fee 57.33 14 ORD NO. 63-06 Classification All Fees $142.00 except as noted Chemical Companies Christmas Tree Sales Season only, each lot Citrus Fruits and Vegetable Retail (See Merchants) Claim and Collecting Agencies Cleaning, Pressing, Dyeing (See Laundries) Clothing Secondhand dealers Cold Drink Stand (See Merchants) Cold Storage All types Commission Merchants Handling shipments (other than specifically provided for herein) on a Commission basis Computer Service Concrete Products (See Manufacturer) Concrete Ready-Mix Plant Contractors (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel (4) Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheetmetal and tinsmith Septic tank Tile Well drilling Floor sanding and finishing Lathers 15 ORD NO. 63-06 Classification Plumbers (5) Any person who shall accept orders to be engaged in the business of accepting orders or constructs on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this Chapter. Convalescent Home (not sanitarium) Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations Costume, Clothing Rental Credit Bureaus Dairies (milk distributors, jobbers or creameries delivering milk) Each truck Dance Halls Dancing Schools Data Processing (See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchase and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. Delicatessen Dental Supplies Dental Technician Laboratory Department Stores (See Merchants) Detective Agency Each location (state certificate) All Fees $142.00 except as noted 80.33 16 ORD NO. 63-06 Classification All Fees $142.00 except as noted Distributor Dog and Pet Grooming Sale of supplies (See Merchants) Dressmaking, Hemstitching (no stock carried) Drugs, Retail Dealer (See Merchants) Dry Cleaning (See Laundries) Electric Light and Power Companies Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers or Lithographers Export or Import Companies Express Companies (Intrastate only) Exterminators (State certificate) Fertilizer Manufacturers-Mixing Plant Fire Extinguisher Sales, Service Fire and Wreck Sales When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each sale. Fish or Poultry Market Fish Peddler (See Peddlers of merchandise) Fishing Tackle (See Merchants) Fishing Tackle or Gun Repair Florists or Dealers in Flowers, each Food Lockers-Cold Storage Fruit, Vegetable Stand Fumigating (See Exterminators) Furniture and House Furnishing (See Merchants) Gas Companies (1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only Gasoline and Oil Distributors Wholesale, storage Facilities in the City Golf Courses, Each 17 ORD NO. 63-06 Classification Golf Driving Range, Each Golf Miniature, Each Guaranty or Surety Title Companies Guard, Patrol Service (See Detective Agency) Guns, Sales or Repair Need Federal fIrearms dealers license Harness and Saddlery (See Merchants) Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms Hypnotists Must meet requirements set forth in F.S. Chapter 456 Ice Cream Manufacturers Ice Cream Parlors Ice Cream Wagon or Truck, each Ice Manufacturing or Storage Import, Export (See Export) Insecticide Manufacturers or dealers Installers, Carpets Insurance Adjusters Insurance Agency For each company represented Insurance Baggage, each company represented Insurance Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewelry Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). Jewelry Repair 18 All Fees $142.00 except as noted 5.78 114.66 ORD NO. 63-06 Classification All Fees $142.00 except as noted Jewelry Store (See Merchants) Junk Shops or Dealers License required whether or not sale or purchase or both, or solicitations are made Kennels, Animal (Approved location) Key Shop, Locksmith and Associated Services (See Merchants) Knife, Scissors and Tool Sharpener Landscape Company Laundry or Dry Cleaning Plant Agent for out of town laundries Local agency, permanent office Self-service Lawn Maintenance Lawn Spraying State Board of Health certificate Linen or Diaper Service Loan, Finance, Mortgage Company Lumber Dealers Lunch Stands, (Not over twenty-five (25) chairs) Machine Shops (Not automobile) Mail Order Business Maintenance (Floor, home, office, building) Manicurist, each Manufacturer Marble and Granite Works Massage Salon Masseur, Masseuse, each Meats (See Butcher shop) Merchandise, Secondhand (See Secondhand dealers) Merchants, Druggists and Storekeepers Messenger Service (exclusive of telegrams) Mimeograph and Letter Shop Monuments and Tombstones Motion Picture Theaters Giving performances of moving pictures or other forms of entertainment Movers (See Storage) Moving Company 19 68.88 68.88 ORD NO. 63-06 Classification Musical Devices Operator of mechanically operated (whether operated in connection with or separate from any other business) License or tag must be displayed on each machine Musical Devices (Distributor) Music teachers Nails, Acrylic Shops (State certificate) Newspaper Publisher News Companies (Owners or managers of) Newsstands Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold Night Clubs Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests. Novelty Works (See Manufacturer) Nursery Shrubs, trees, plants or landscaping Nursing Home (See Convalescent home) Office Machine Repairs (See Repair shop) Oil (See Gasoline) Paint Manufacturer (See Manufacturer) Parcel Delivery Each vehicle Pawnbrokers Peddlers of Merchandise (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person (2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out- of-town business houses or enterprises not maintaining place of business 20 All Fees $142.00 except as noted 68.88 23.00 23.00 ORD NO. 63-06 Classification All Fees $142.00 except as noted in city, providing however that this provision does not apply to wholesalers dealing exclusively with retailers (5) Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Shop or Grooming (See Dog and pet grooming) Photo Processing, Film Developing Photographers Piano tuners Picture Agents Plating with Metals Portable Toilets Postcard Stands (Only) Potato Chips (See Manufacturer) Print Shop or Publishing Private Postal Mailbox Private Schools (See Schools) Professional (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to take out a professiona1lieense pay a professional local business tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers, civil, consulting Interior Design Opticians Optometrists Osteopathic physicians Physicians 21 ORD NO. 63-06 Classification All Fees $142.00 except as noted Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified (2) For each person operating with the person licensed III the preceding clause, other than the professional employees Property Management Promoters Entertainment, sports or contests Public Hall for Hire Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop (See Repair Shops) Railroad Companies, each Real Estate Agency or Broker Recording Studio Reducing Salon Rental Equipment (All types) Repair Shops, each Repairs from Truck or Other Vehicle Restaurants (If dancing permitted, see Night clubs) Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) Retirement, Rest Home (See Convalescent home) Rinks (Bicycle, skating or other) Roof Trusses (Se Manufacturer) Sawmill Yard Schools Secondhand Dealers (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand firearms and secondhand clothing) 22 ORD NO. 63-06 Classification All Fees $142.00 except as noted (2) All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed on by the Commission and a license tax paid. Secretarial Service Seed stores (Wholesale and Retail) (See Merchants) Ship Brokers Shoemaker and Repairs Shooting Gallery Sign Painters Commercial but not erecting Soda or Mineral Water Fountains Solicitor (See Peddlers of Merchandise) Sporting Goods (See Merchants) Stamp or Old Coin Dealer Storage Warehouse or Room Tailors Tanning Salon Tattoo Salon Tax Agency (See Professional) Taxidermist, or agents for In addition to other license Taxis First vehicle Each additional vehicle Telegraph Companies Telemarketing Telephone Answering Service Telephone Solicitation (See Sections 118.40 through 118.45) 114.86 57.33 23 ORD NO. 63-06 Classification Telephone Systems and Companies Intrastate business only Temporary Business Licc1'l8(]f1 Receipts (1) Business temporarily located inside enclosed shopping mall; thirty (30) days only (no extensions) (2) Special events, no more than once annually (if under three (3) days), as approved by Commission (each license, not otherwise enumerated herein) (3) Special events, no more than once annually (in excess of three (3) days), as approved by Commission (each license, not otherwise enumerated herein) Temporary HolidaylV endors Termite Control Companies Theatrical Directors Who charge for services in directing local talent plays or performances, each performance Theatrical or Dramatic Groups or Companies For profit, where performance is not given in local, licensed theater, each performance Towel, Diaper, Uniform Supply Company Towing Service (See Automobile) Trade Schools Trading Stamp Companies Trailer Park Trailer, Truck Rental Travel Bureaus Tree Pruner (Must have insurance) Trucks Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each. (Does not apply to trucks owned by the city, county or state) U-Drive-It Cars (See Automobile) Undertakers, Embalmers and Funeral Directors Uniform Supply (See Towel, diaper, uniform supply company) Upholsterer Vending Machines (See Automatic trade machines) Venetian Blinds Repair, installation and associated services Vulcanizing All Fees $142.00 except as noted 68.88 No fee 68.88 68.88 24 ORD NO. 63-06 Classification All Fees $142.00 except as noted Each place of business Watch Repair Water (Sold in bottles) (See Bottling works) Water Companies Persons operating same Water-Softening Service Weight Clinic Weighing Machines (See Automatic trade machines) Wheelchair Rental (See Invalid) Window Cleaning Window Tinting Wood Yard Wrecker Service (See Automobile) Sec. 110.16. PREINSPECTION REQUIREMENT: Any new occupational license local business tax receipt requests will be required to have an on-site inspection in conjunction with the issuance of such license receipt. This inspection will be conducted within twenty-four (24) hours of the initial application request during a regular business workweek. The fee for the inspection is in addition to the license local business tax fee. The inspection fee is twenty-five dollars ($25.00) and is payable at the time of application for the lieonse receipt. Sec. 110.17-110.98. RESERVED. Sec. 110.99. PENALTY. The General Penalty set forth in Section 10.99, "General Penalty", shall be the penalty for violating this Chapter. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 3. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are 25 ORD NO. 63-06 Section 4. reading. That this ordinance shall become effective upon its passage on second and final of PASSED AND ADOPTED in regular session on second and final reading on this the , 2006. day ATTEST: City Clerk MAYOR First Reading Second Reading 26 ORD NO. 63-06 ~zt TO: DAVID T. HARDEN, CITY MANAGER THRU: P~~L G, ICP, DIRECTOR OF PLANNING AND ZONING FROM: MARK MCDONN , AICP, ASSISTANT PLANNING DIRECTOR IH "J-.Vt. SUBJECT: MEETING OF NOVEMBER 7,2006 PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.3.4(H}(6}(a} TO ELIMINATE THE REQUIREMENT FOR A BUILDING SETBACK OF 64 FEET ALONG NE 4TH STREET/LAKE IDA ROAD BETWEEN SWINTON AVENUE AND NE 6TH AVENUE. The amendment involves a privately initiated text amendment to LDR Section 4.3.4(H)(6)(a) to eliminate a Special Building Setback requirement of 64' for Lake Ida Road between Swinton Avenue and NE 6th Avenue. Currently, development along both the north and south sides of NE 4th Street/Lake Ida Road is required to maintain a minimum building setback of 64 feet from the centerline, beginning at NE 6th Avenue (NIB Federal Hwy) and extendin~ west to Military Trail. The privately initiated amendment would remove the section from NE 6t Avenue (NIB Federal Hwy) to Swinton Avenue from this requirement. At its meeting of October 16, 2006, the Planning and Zoning Board held a public hearing in conjunction with the text amendment. The Board voted 4-0 (Gary Eliopoulos and Joseph Pike recused themselves; Paul Zacks was absent) without conditions to recommend approval of the text amendment request to eliminate the special building setback requirement of 64' for Lake Ida Road between NE 6th Avenue (NIB Federal Hwy) and Swinton Avenue, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). By motion, move to approve on first reading the amendment to Land Development Regulations Section 4.3.4(H)(6)(a), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments . Proposed Ordinance . Planning & Zoning Staff Report of October 16, 2006 /2.t ORDINANCE NO. 64-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4(H)(6), "SPECIAL SETBACKS", SUBSECTION 4.3.4(H)(6)(A), "SPECIAL BUILDING SETBACKS", TO ELIMINATE THE 64' BUILDING SETBACK FROM SWINTON AVENUE EAST TO NE 6TH AVENUE FOR LAKE IDA ROAD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on October 16, 2006 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.317 4(4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4(H)(6), "Special Setbacks", Subsection 4.3.4(H)(6)(a), "Special Building Setbacks", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. (a) Special Buildine: Setbacks: within the following special building setbacks, no structures shall be altered, erected, or reconstructed: Along Ocean Boulevard (State Road AlA), a twenty foot (20) setback shall be provided from the "Brockway Line," as shown in Plat Book 20, Page 4, Public Records of Palm Beach County, Florida. The "Brockway Line" shall be the "building line" for Lots 1 thru 7 inclusive, Block 1, Ocean Park, as shown in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida. Within the residential district along the west side of S.W. 8th Avenue between West Atlantic Avenue and S.W. 1st Street, a fifty foot (50') setback shall be provided from the east property line. Along the cofl'lbinatiol'l of N.E. 1th Street and Lake Ida Road, extending from Swinton Avenue N.E. 6th .^..venue westward to Military Trail, a sixty four foot (64') setback shall be provided on both sides of the centerline. Along George Bush Boulevard, between Swinton A venue and AlA, a fifty foot (50') setback shall be provided on both sides of the centerline. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_ ATTEST MAYOR City Clerk First Reading Second Reading PLANNING AND ZONING BOARD ME STAFF REPORT MEETING DATE: OCTOBER 16, 2006 IV.C. AGENDA NO.: AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.3.4(H)(6)(a) TO ELIMINATE THE REQUIREMENT FOR A BUILDING SETBACK OF 64 FEET ALONG NE 4TH STREET/LAKE IDA ROAD BETWEEN SWINTON AVENUE AND NE 6TH AVENUE. The item before the Board is that of making a recommendation to the City Commission for a privately initiated text amendment to LDR Section 4.3.4(H)(6)(a) to eliminate a Special Building Setback requirement of 64' for Lake Ida Road between Swinton Avenue and NE 6th Avenue. Currently, development along both the north and south sides of NE 4th Street/Lake Ida Road is required to maintain a minimum building setback of 64 feet from the centerline, beginning at NE 6th Avenue (NIB Federal Hwy) and extending west to Military Trail. The proposed privately initiated amendment removes the section from NE 6th Avenue (NIB Federal Hwy) to Swinton Avenue from this requirement. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration, or an individual. The following summarizes the justification provided by the applicant: A sixty four foot (64') setback is not practical east of Swinton Avenue due to the fact that there are no intentions of expanding N.E. 4th Street east of Swinton Avenue. Even if expansion to 4 lanes is proposed andlor required for traffic concurrency, it can be accomplished under the current 80' ultimate right-of-way requirement. If expansion greater than 80 feet was to occur, there would be significant impacts on private properties and existing buildings. Purpose and intent of the reaulation This regulation was created with Ordinance No. 21-72 which pertained to setbacks along specific portions of several identified roadways in Delray Beach. Subsection (7)(bb) of this ordinance reads as follows: "The setback distance for the construction and erection of buildings and improvements from the center line of said Northwest 4h Street, as hereinabove located and established, beginning at Swinton A venue and running west to the City limits, is hereby fixed at a distance of sixty-five (65) feet north and south thereof, respectively." Planning and Zoning Board Staff Report, October 16, 2006 LDR Text Amendment - Special Building Setback along 4th Street/Lake Ida Road Given the above, it would appear that the current setback was mistakenly noted as 64 feet and extended this regulation east to NE 6th Avenue (N/B Federal Hwy.) Subsection (7)(g)(aa) of the ordinance further identified an eighty (80) foot ultimate right-of-way for N.E. Fourth Street, between Swinton Avenue and N.E. Sixth Avenue. The purpose of the regulation (64' setback) was to assure that if additional future widening of Lake Ida Road was necessary that new buildings would not be negatively impacted. However, it did not apply to portions of Lake Ida Road east of Swinton Avenue, and such a widening from Swinton Avenue eastward to NE 6th Avenue/Federal Highway would create significant nonconformities with the built conditions, eliminate development potential on some vacant parcels, and would require demolition of existing buildings. Existina Conditions East of Swinton Avenue N.E. 4th Street from Swinton Avenue east to N.E. 6th Avenue (N/B Federal Hwy) is identified as a County Collector in the City of Delray Beach Comprehensive Plan with an 80-foot wide right-of- way. The existing right-of-way measurements along N.E. 4th Street from Swinton Avenue east to N.E. 6th Avenue vary in width (50 to 65 feet). Most of the existing buildings are located outside of the proposed ultimate right-of-way of 80 feet. Some parking rows would be impacted, and small sections of a few buildings will be impacted if and when the ultimate 80' right-of-way is dedicated. If the current setback of 64 feet from the centerline (which translates to a 24-foot setback from the ultimate right-of-way line) were applied, a much more significant impact on existing structures would occur. Existina road section The current section of N.E. 4th Street from Swinton Avenue to N.E. 6th Avenue is comprised of two travel lanes with the center left turn lane. One exception is along the south side between N.E. 1st and N.E. 2nd Avenues, where a southbound right turn onto N.E. 2nd Avenue exists. The 3-lane section is located within 36 feet of pavement, while the section with the right turn lane measures approximately 48 feet. Expansion to a 4-lane section could occur within the ultimate 80' right-of-way. City of Delray Beach Comprehensive Plan Table T-1 (Street Network Classification and Improvements) identifies Lake Ida Road from Swinton Avenue to N.E. 6th Avenue as a Collector, with an ultimate right-of-way of 80 feet, and a number of ultimate thru lanes of 2. Further, the Comprehensive Plan states that the City will request modification of the MPO 2015 Feasibility Plan to remove the widening of Lake Ida Road to four lanes from Swinton Avenue to Federal Highway, as this section of roadway has physical right-of-way constraints (80' ultimate right-of-way which is not currently dedicated and the properties are located in the TCEA which are exempt from concurrency). Notwithstanding the above, recent traffic volume projections (year 2010) show a need for future widening of this portion of Lake Ida Road to meet traffic concurrency. However, as the 80' ultimate right-of-way width would accommodate either a two or four lane section, removal of this setback requirement at this time is supportable. Current Palm Beach County Plans NE 4th Street/Lake Ida Road is a County Road. The current MPO 2030 Long Range Transportation Plan identifies the section of NE 4th Street from Swinton Avenue east to NE 2nd Avenue ultimately requiring a 4-lane section with a reduction of roadway width to 2 lanes from 2 Planning and Zoning Board Staff Report, October 16, 2006 LDR Text Amendment - Special Building Setback along 4th Street/Lake Ida Road NE 2nd Avenue east to NE 6th Avenue/Federal Highway. This ultimate 4-lane section can be accommodated in the current 80' ultimate right-of-way width, and as further expansion beyond 4 lanes is neither contemplated nor anticipated in the future, a 64' setback for future right-of-way expansion is not warranted. Therefore, the elimination of this setback requirement for this portion of Lake Ida Road can be supported. Comprehensive Plan Policies: LDR Section 2.4.5(MH5} (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The goals, objectives and policies of the Comprehensive Plan were reviewed and the following are noted: Transportation Element Policy A-3.1 states that the City will request appropriate modifications to MPO plans to implement the needs and recommendations identified in this Element. Transportation Element Objective A-4 states that ultimate rights-of-way shall be provided per the schedule contained in table T-1. Setback requirements for new construction along streets shown in Table T-1 shall be measured from the ultimate property line, thus, providing protection of these rights-of-way from building encroachment. The proposed amendment is supported and is consistent with the noted objective and policy. The Community Redevelopment Agency, on September 28, 2006, voted to recommend approval of the proposed amendment. The Historic Preservation Board, on October 4, 2006, voted to recommend approval of the proposed amendment. The Pineapple Grove Main Street Committee, on October 4, 2006, voted to recommend approval of the proposed amendment. Downtown Development Authority will be considering this amendment at its meeting of October 16, 2006, and the vote will be shared at the Planning and Zoning Board meeting once it is known. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Progressive Residents of Delray (PROD) · Del Ida HOA (Sarah Greeley) · President's Council · Neighborhood Advisory Council · Seacrest HOA 3 Planning and Zoning Board Staff Report, October 16, 2006 LDR Text Amendment - Special Building Setback along 4th Street/Lake Ida Road Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The original regulation was made to require a 65-foot setback for new buildings from the centerline of NE 4th Street/Lake Ida Road, from Swinton Avenue west to the City Boundary. During the same period, a separate amendment in a series of regulations required an 80-foot wide ultimate right-of-way from Swinton Avenue east to Federal Highway. When the current ordinance was amended, a mistake was made with the merging of both of these provisions (building setback and ultimate right-of-way) and applied both to the full section of NE 4th Street/Lake Ida Road from Federal Highway west to Military Trail. Also important to note is that the setback (incorrectly transferred from the original regulation from 65 feet down to 64 feet) was to provide a uniform setback and assure that future development allowed for roadway expansion if necessary. An additional 24-foot setback would essentially deem many of the fronting lots east of Swinton Avenue unbuildable and/or make existing buildings nonconforming. Finally, the City intends to maintain a character of new urbanism along this section of NE 4th Street, and the minimum 24-foot building setback currently required would be counter to this desire. A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to amend LDR Section 4.3.4(H)(6)(a) by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). C. Move a recommendation of denial to the City Commission for the text amendment to amend LDR Section 4.3.4(H)(6)(a), based on a failure to make positive findings, as the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). Move a recommendation of approval to the City Commission for the text amendment to amend LDR Section 4.3.4(H)(6)(a) to eliminate the 64' building setback from Swinton Avenue east to NE 6th Avenue for Lake Ida Road, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: . Proposed LDR amendment 4 ~~ [ITY DF DElRAY IEA[H CITY ATTORNEY'S OFFICE 2()() NW I st AVEr\L~E' DELRAY BEACH. FLORIDA 33444 TELEPHONE: 56!/2-13-7()()()' FACSIMILE: 561/278-4755 DELRAY BEACH f LOR I D A D.8.I:II All-America City Writer's Direct Line: 561/243-7091 " III!DATE: MEMORANDUM October 26, 2006 1993 2001 FROM: City Commission David Harden, City Manager ~~ Brian Shutt, Assistant City Attorney TO: SUBJECT: Clarification of the Noise Ordinance Application Reqardinq Construction in Sinqle Familv Zoninq Districts The attached ordinance clarifies the time period that the City's construction noise ordinance may apply to single family zoning districts. On July 11, 2006 the Commission adopted Ordinance 30-06 that provided for certain restrictions on construction activities taking place in single family zoning districts. One of the restrictions limited construction work, requiring a permit, to the hours of 7:00 a.m. to 6:00 p.m. Monday thru Friday and 8:00 a.m. to 4:00 p.m. on Saturday. The attached ordinance provides that the exemption in the noise ordinance regarding construction activity, for single family districts, will mirror the same time periods as set forth in Ordinance 30-06. Our office requests that this item be placed on the November 7, 2006 Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Lula Butler, Community Improvement Director /2.)) ... ORDINANCE NO. 67-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 99.04, "LOUD AND UNNECESSARY NOISES AND ENUMERATED; EXEMPTIONS", SUBSECTION 99.04(A)(6), "CONSTRUCTION"; TO CLARIFY THE TIMES THAT THIS SUBSECTION APPLIES IN SINGLE F AMIL Y ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City Commission of the City of Delray Beach has determined that it is in the best interest of the City to clarify the times that construction noise will be permitted in single family zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 99.04, "Loud and Unnecessary Noises and Enumerated; Exemptions", Subsection 99.04(A)(6), "Construction", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (6) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work such that the sound there from creates a noise disturbance within a noise- sensitive zone or which violates the provisions of Section 99.05. (a) The provisions of subsection (A)(6)(a) of this Section shall not prohibit construction, drilling or demolition work between the hours of7:00 a.m. and 7:00 p.m. on weekdays, provided. however: if work. that requires a permit. is occurring in a single family zoning district. as set forth in Land Development Regulation Section 4.4.3(A), work shall be limited between the hours of7:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. to 4:00 p.m. on Saturday. This ordinance shall not fief prohibit the use of any temporary pumps or machinery which are required to be operated twenty-four (24) hours a day in conjunction with construction work. Subsection (A)(6)(a) of this Section shall also not apply to emergency work for public utilities or where a special variance has been issued pursuant to Sections 99.06 and 99.30. (b) This Section shall not apply to the use of domestic power tools subject to subsection (A)(16) of this Section. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _day of ,200_. ATTEST MAYOR City Clerk First Reading Second Reading 2